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TERMS OF USE AND 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
Ontario, Canada, notwithstanding any principles of conflicts of law.
You specifically consent to
personal jurisdiction in Ontario 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
provincial and federal courts in Niagara Falls, Ontario.
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. Last
Reviewed:
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