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 PRIOR TO EVERY USE FOR ANY
CHANGES.
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
UNITED STATE’S CHILDREN’S ONLINE PRIVACY PROTECTION ACT (COPPA)
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 the United States of
America notwithstanding any principles of conflicts of
law. You specifically consent to personal jurisdiction
in United States of America 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 Montana, United States of America. 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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