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
OUR 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 OUR COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and hold our 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 our
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 our Company
nor any third party that provides Content to our Company will assume or have any
liability for any action or inaction by our 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). Our Company will be entitled to monitor
your password and, at its discretion, require you to change it. If you use a password
that our Company considers insecure, our 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, our Company reserves the right to release your details
to system administrators at other sites in order to assist them in resolving security
incidents. Our Company reserves the right to investigate suspected violations of
these Terms of Use. Our Company reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing Our 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 OUR COMPANY FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY OUR 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 WA,
Australia, notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in WA in connection with any
dispute between you and our 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 WA,Australia. 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. Our Company may revise these Terms
of Use at any time by updating this posting.
Last updated: Nov 9, 2008
