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 Washington, United States of
America, notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction in Washington 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 Lightfoot, Washington. 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.
Updated: Mar 01, 2007
