Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS)
GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY
(TCW-MARKETING). 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 oh, usa, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in oh 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 goshen, oh. 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: Jul 13, 2010
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