Terms
Of Use & Service
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 Melbourne, Victoria, Australia, notwithstanding
any principles of conflicts of law. You specifically consent
to personal jurisdiction in Melbourne, Victoria, Australia
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 courts in Melbourne,
Victoria, Australia. 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.
Last updated: April 16, 2006 |