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 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 Illinois, United
States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal
jurisdiction in Illinois 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 Peoria, 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.
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