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.
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 our 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 our 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 our 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 our Company does not undertake any obligation
to update such information after it is posted or to remove such
information from this site unless it is if it is not, or is no longer,
accurate or complete.
Limitation On Liability
OUR 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 OUR Company HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OUR
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 OUR Company FOR THE APPLICABLE CONTENT, PRODUCT OR
SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold our 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 our Company or the party that provided the trademarks,
service marks, and logos to our Company. Our Company and any party
that provided trademarks, service marks, and logos to our 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;
* 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 our Company nor any third party that provides
Content to our Company will assume or have any liability for any
action or inaction by our 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).
Our Company will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a password that
our Company considers insecure, our 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, our
Company reserves the right to release your details to system administrators
at other sites in order to assist them in resolving security incidents.
Our Company reserves the right to investigate suspected violations
of these Terms of Use.
Our Company reserves the right to fully cooperate with any law
enforcement authorities or court order requesting or directing our
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 OUR Company
FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OUR Company DURING
OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN
AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OUR Company OR LAW
ENFORCEMENT AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted pursuant to
the laws of Melbourne, Victoria, Australia, notwithstanding any
principles of conflicts of law. You specifically consent to personal
jurisdiction in Victoria in connection with any dispute between
you and our 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 Melbourne, Victoria. 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. Our Company may revise these Terms
of Use at any time by updating this posting.
Last Updated: Jan 16, 2008