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) h-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
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 right Neither title nor
intellectual property rights are
transferred to you by access to this sit .
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 ouCompany . Our Company has
not reviewed any or all of
such sites and is not responsible for the content of those
site 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 sit
Further, the inclusion of any hyper -link to a third -party site does
not necessarily imply
endorsement by our Company of that sit .
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,
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,
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 fo-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
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 ite.
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:
- 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 byCompany 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
incide 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 Virginia, United
States of America, notwithstanding any principles of conflicts of
law. You specifically consent
to personal jurisdiction in Virginia 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 Chesapeake, Virginia.
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.