Terms Of Use And 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.