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 PRIOR TO EVERY
USE FOR ANY CHANGES.
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.
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 Oregon, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent to
personal jurisdiction in Oregon 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 Eugene, Oregon. 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: January 15, 2010