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 PRIOR TO EVERY USE FOR ANY CHANGES.
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 CHILDREN’S ONLINE PRIVACY PROTECTION ACT
(COPPA) 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.
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 SUBSIDIAR
IES,
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 Michigan,
United States of America, notwithstanding any principles of conflicts of law.
You
specifically consent to personal jurisdiction in Michigan 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 Chicago, 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