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 CHILDREN'S ONLINE PRIVACY
PROTECTION ACT (COPPA) 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 anyones 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 Louisiana, United States of America, notwithstanding
any principles of conflicts of law. You specifically consent
to personal jurisdiction in Louisiana 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 Metairie,
Louisiana. 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: March 1, 2009
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