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
on-line 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 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 Colorado, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
Colorado, 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 Denver, Colorado. 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: August 30, 2005
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