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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
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 Nebraska, United States of America,
notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Nebraska
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 Nebraska . 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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