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 for the party that
provided Content to your Company, and our Company for
the party that provided content to our Company retains all right,
title, and interest in the Content. Accordingly, the Content may not
be copied, distributed, republished, uploaded, posted, retransmitted
in anyway 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 the Terms of Use violates our Company's
intellectual property rights. Neither title or 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 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 were 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 for 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 the use of net through this site in accordance with its
Privacy Policy as set forth on this site.
Disclaimer
You understand 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 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 our 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 EXPRESS OR IMPLIED. OUR COMPANY DISCLAIMS ALL
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OUR
COMPANY DOES NOT WARRANT THAT FUNCTIONS OR CONTENT CONTAINED IN
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WOULD 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 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 the 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 THAT 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 the 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 attorneys 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 access from
this site.
Trademarks
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 the intent to commit
any illegal act;
- is vulgar, obscene, pornographic, or in decent;
- 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 misrepresent your connection to any other
entity or person or otherwise manipulates headers for
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 contest, displaying
sponsorship banners, and/or soliciting goods or services) except
as may be specifically authorized on this site;
- solicits funds, advertises or sponsors;
- includes programs which contain viruses, worms, and/or
Trojan horses or any other computer code, files or programs
designed to interpret, 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 any 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 '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 as 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 third party with respect to any submissions.
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. To 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
systems 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, our 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 ACTION 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 Texas, United States Of America,
notwithstanding unique principles of conflicts of law. You
specifically consent to personal jurisdiction in Texas 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 Dallas, Texas. If any part of these
Terms of Use is unlawful, void or unenforceable, that part will be
deemed servable 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.