IMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR
USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY. BY
ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE
SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION.
YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.
PLEASE CONSULT THESE TERMS OF USE REGULARLY.
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS
THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE
NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO
THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION
OBTAINED BY THIS WEB SITE, FALLS WITHIN THE CHILD ONLINE PRIVACY
ACT (COPA) AND IS NOT MONITORED AS DOING SO.
To access this site or some of the resources it has to offer,
you may be asked to provide certain registration details or
other information. It is a condition of your use of this site
that all the information you provide on this site will be
correct, current, and complete. If our Company
believes the information you provide is not correct, current, or
complete, we have the right to refuse you access to this site or
any of its resources, and to terminate or suspend your access at
any time, without notice.
Restrictions On Use
You may use this site for purposes expressly permitted by
this site. You may not use this site for any other purpose,
including any commercial purpose, without our Company's
express prior written consent. For example, you may not (and
may not authorize any other party to) (i) co-brand this site, or
(ii) frame this site, or (iii) hyper-link to this site, without
the express prior written permission of an authorized
representative of our Company. For purposes of these
Terms of Use, "co-branding" means to display a name, logo,
trademark, or other means of attribution or identification of
any party in such a manner as is reasonably likely to give a
user the impression that such other party has the right to
display, publish, or distribute this site or content accessible
within this site. You agree to cooperate with our Company
in causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as the
"Content") accessible from this site, and any other World Wide
Web site owned, operated, licensed, or controlled by our
Company is the proprietary information of our Company
or the party that provided the Content to our Company,
and our Company or the party that provided the Content
to our Company retains all right, title, and interest
in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in
any way without the prior written consent of our Company,
or unless authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade
name, service mark, or any other proprietary notice or legend
appearing on any of the Content. Modification or use of the
Content except as expressly provided in these Terms of Use
violates our Company's intellectual property rights.
Neither title nor intellectual property rights are transferred
to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not
maintained by, or related to, our Company. Hyper-links
to such sites are provided as a service to users and are not
sponsored by or affiliated with this site or our Company.
Our Company has not reviewed any or all of such sites
and is not responsible for the content of those sites.
Hyper-links are to be accessed at the user's own risk, and our
Company makes no representations or warranties about
the content, completeness or accuracy of these hyper-links or
the sites hyper-linked to this site. Further, the inclusion of
any hyper-link to a third-party site does not necessarily imply
endorsement by our Company of that site.
Submissions
You hereby grant to our Company the royalty-free,
perpetual, irrevocable, worldwide, non-exclusive right and
license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display
all content, remarks, suggestions, ideas, graphics, or other
information communicated to our Company through this
site (together, hereinafter known as the "Submission"), and to
incorporate any Submission in other works in any form, media, or
technology now known or later developed. Our Company
will not be required to treat any Submission as confidential,
and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any
liability for royalties or any other consideration of any kind,
and will not incur any liability as a result of any similarities
that may appear in future Company operations.
Our Company will treat any personal information that
you submit through this site in accordance with its Privacy
Policy as set forth on this site.
Disclaimer
You understand that our Company cannot and does not
guarantee or warrant that files available for downloading from
the Internet will be free of viruses, worms, Trojan horses or
other code that may manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to this site for the reconstruction
of any lost data. Our Company does not assume any
responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and
should not be used to replace any written reports, statements,
or notices provided by Company. Investors, borrowers,
and other persons should use the Content in the same manner as
any other educational medium and should not rely on the Content
to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and
does not cover all issues, topics, or facts that may be relevant
to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The
Content is provided “as is” and without warranties of any kind,
either expressed or implied. Our Company disclaims all
warranties, including any implied warranties of merchantability,
fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT.
Our Company does not warrant that the functions OR
CONTENT contained in this site will be uninterrupted or
error-free, that defects will be corrected, or that this site or
the server that makes it available are free of viruses or other
harmful components. Our Company does not warrant or
make any representation regarding use, or the result of use, of
the content in terms of accuracy, reliability, or otherwise.
The content may include technical inaccuracies or typographical
errors, and Company may make changes or improvements at
any time. You, and not our Company, assume the entire
cost of all necessary servicing, repair or correction IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT. Our COMPANY MAKES NO WARRANTIES THAT YOUR
USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND
ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS
IN SUCH CONTENT.
All of the information in this site, whether historical in
nature or forward-looking, speaks only as of the date the
information is posted on this site, and Company does
not undertake any obligation to update such information after it
is posted or to remove such information from this site if it is
not, or is no longer, accurate or complete.
Limitation On Liability
COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR
INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF
$100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold Company, its
subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and
contractors (hereinafter known as the "Indemnified Parties")
harmless from any breach of these Terms of Use by you, including
any use of Content other than as expressly authorized in these
Terms of Use. You agree that the Indemnified Parties will have
no liability in connection with any such breach or unauthorized
use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorney's fees
of the Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of
your use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site
are the property of Company or the party that provided
the trademarks, service marks, and logos to Company.
Company and any party that provided trademarks, service
marks, and logos to Company retain all rights with
respect to any of their respective trademarks, service marks,
and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in
connection with this site any material that:
- you do not have the right to post, including proprietary
material of any third party;
- advocates illegal activity or discusses an intent to
commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades
privacy, stalks, is obscene, pornographic, racist, abusive,
harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to
inappropriate content, asking for personally identifiable
details or otherwise;
- infringes any intellectual property or other right of
any entity or person, including violating anyone’s
copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any
law;
- impersonates or misrepresents your connection to any
other entity or person or otherwise manipulates headers or
identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for
sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or
services) except as may be specifically authorized on this
site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or
Trojan horses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to
scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other
people to engage in real time activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established from time
to time regarding use of this site or any networks connected
to this site; or
- contains hyper-links to other sites that contain content
that falls within the descriptions set forth above.
Although under no obligation to do so, our Company
reserves the right to monitor use of this site to determine
compliance with these Terms of Use, as well the right to remove
or refuse any information for any reason. Notwithstanding these
rights, you remain solely responsible for the content of your
submissions. You acknowledge and agree that neither Company
nor any third party that provides Content to Company
will assume or have any liability for any action or inaction by
Company or such third party with respect to any
submission.
Security
Any passwords used for this site are for individual use only.
You will be responsible for the security of your password (if
any). Company will be entitled to monitor your
password and, at its discretion, require you to change it. If
you use a password that Company considers insecure,
Company will be entitled to require the password to be
changed and/or terminate your account.
You are prohibited from using any services or facilities
provided in connection with this site to compromise security or
tamper with system resources and/or accounts. The use or
distribution of tools designed for compromising security (e.g.,
password guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become involved in any
violation of system security, Company reserves the
right to release your details to system administrators at other
sites in order to assist them in resolving security incidents.
Company reserves the right to investigate suspected
violations of these Terms of Use.
Company reserves the right to fully cooperate with
any law enforcement authorities or court order requesting or
directing Company to disclose the identity of anyone
posting any e-mail messages, or publishing or otherwise making
available any materials that are believed to violate these Terms
of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR
FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER [COMPANY] OR LAW ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant
to the laws of Georgia, United States of America,
notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Georgia
in connection with any dispute between you and
Company arising out of these Terms of Use or pertaining to
the subject matter hereof. The parties to these Terms of Use
each agree that the exclusive venue for any dispute between the
parties arising out of these Terms of Use or pertaining to the
subject matter of these Terms of Use will be in the state and
federal courts in Duluth, Georgia. If any part of these Terms
of Use is unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity and
enforceability of any remaining provisions. These Terms of Use
constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding the foregoing, any
additional terms and conditions on this site will govern the
items to which they pertain. Company may revise these
Terms of Use at any time by updating this posting.
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