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 on-line 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 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.
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 Colorado, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in Colorado, 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 Denver,
Colorado. 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 updated: August 30, 2005
© 2007 Stephen Petullo Corp.