Terms of Service Statement

Terms of Service Statement

*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 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 Nebraska, United States of America, notwithstanding any principles of
conflicts of law.  You specifically consent to personal jurisdiction in
Nebraska**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 Lincoln, Nebraska.  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: December 18, 2012

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