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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 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 authorise any other party to) (i)
co-brand this site, or (ii) frame this site, or (iii) hyperlink to
this site, without the express prior written permission of an
authorised 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
unauthorised 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 authorised 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 authorised in
these Terms of Use. You agree that the Indemnified Parties will
have no liability in connection with any such breach or unauthorised
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:
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· you
do not have the right to post, including proprietary material of
any third party;
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· advocates illegal activity or
discusses an intent to commit an illegal act;
-
· is vulgar, obscene,
pornographic, or indecent;
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· does not pertain directly to
this site;
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· threatens or abuses others,
libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or
offensive;
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· seeks to exploit or harm
children by exposing them to inappropriate content, asking for
personally identifiable details or otherwise;
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· 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;
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· 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
endeavour (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
authorised on this site;
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· solicits funds, advertisers or
sponsors;
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· 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;
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· includes MP3 format files;
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· 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
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· 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 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 Queensland,
Australia, notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Queensland in
connection with any dispute between you and 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 Brisbane,
Queensland. 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.
Revisions To This
Policy: Our company reserves the right to revise, amend, or modify
this policy, our Terms and Use of Service agreement, and our other policies
and agreements at any time and in any manner, by updating this
posting.
Last Updated:
March 31, 2005
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