Terms Of Use & Service
IMPORTANT! THESE TERMS OF SERVICE (TOS)
GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR COMPANY
(NBM, LLC). 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 Arizona, United States,
notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Arizona 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
Fountain Hills, Arizona. 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: Sep 24, 2009
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