Terms of Use
and Service
Important! These terms of
service (T. O. S.) govern your use of this site, which is
provided by our company. By accessing this site, you are
indicating your acknowledgement 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
acknowledgement and acceptance of the changes. Please
consult these terms of use regularly.
Access to
this site
You must be 18 years or older to access this web
site. If you are under 18 years of age, you are not
permitted to access this web site for any reason. Do 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 our 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): co-brand this site; frame this
site; or hyperlink 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 acceptable within this site. You
agree to cooperate with our company in causing any
unauthorized co-branding, framing or hyper linking to
immediately 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 alter, 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.
Hyperlinks.
This site may be hyperlink to
other sites, which are not maintained by, or related to, our
company. Hyperlinks to such sites are provided as a
service to users and are not sponsored by our affiliated with
this site for our company. Our Company has not reviewed
any or all of such sites and is not responsible for the
content of those sites. Hyperlinks are to be accessed at
the users own risk, and our company makes no representations
or warranties about the content, completeness or accuracy of
these hyperlinks or the site's hyperlinked to this site.
Further, the inclusion of any hyperlink to a third-party site
does not necessarily imply endorsement by our company of that
site.
Submissions.
You hereby grant, 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, 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 any 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 submitted to 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 person
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 fax that may be relevant
to your goals.
Your use of this site is that
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 the side, 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'll 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 appear 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 locals appear 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 the 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 original 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;
- Solicit 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 hyperlinks to other sites that contain content
that falls within the description 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 any such
third-party with respect to any
submission.
Security.
Any passwords used for this site
are for individual use only. You'll 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 its 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 Colorado,
United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal
jurisdiction in the State of Colorado in connection with any
dispute between you and Company arising out of these Terms of
Use or pertaining to the subject matter hereof. Venue
shall be in Arapahoe County, Colorado. If any
part of these Terms of Use is unlawful, void, or
unenforceable, that part shall 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 the 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.