Terms Of Use & Service
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 Illinois, United States
of America, notwithstanding any principles of conflicts
of law. You specifically consent to personal jurisdiction
in Illinois 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 Peoria, Illinois.
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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