Terms
Of Use
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
anyones 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 Mississippi, United States of
America, notwithstanding any principles of conflicts of law.
You specifically consent to personal jurisdiction in Mississippi 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 Jackson, Mississippi. 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. |