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