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 Pennsylvania, United States of America, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in Pennsylvania 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 Philadelphia, PA. 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.