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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 ccuracy 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 Maryland, United
States of America, notwithstanding any principles of conflicts
of law. You specifically consent
to personal jurisdiction in Maryland, 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 Baltimore, Maryland. 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.
2003 Crescent Marketing
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