IMPORTANT! THESE TERMS OF USE AND SERVICE (TUS) 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 AND SERVICE. THESE TERMS OF USE AND SERVICE ARE SUBJECT TO CHANGE BY OUR COMPANY AT ANY TIME AND AT ITS SOLE DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF SAID CHANGES. PLEASE CONSULT THESE TERMS OF USE AND SERVICE REGULARLY.

ACCESS TO THIS SITE

YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEBSITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE YOU ARE NOT PERMITTED TO ACCESS THIS WEBSITE FOR ANY REASON DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEBSITE. NO INFORMATION OBTAINED OR CONTAINED BY THIS WEBSITE, FALLS WITHN ANY APPLICABLE CHILD PRIVACY LAWS 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 at our sole discretion.

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) hyperlink to this site, without the express prior written permission of an authorized representative of our company. For purposes of these Terms of Use and Service, '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 / Internet 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. 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 and Service violates our company's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site or by purchase or possession of any product or service that we may offer on it.

HYPERLINKS

This site may be hyperlinked to other sites which are not maintained by, or related to, our company. Hyperlinks 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. Hyperlinks are to be accessed at the user's own risk, and our company makes no representations or warranties about the content, completeness, accuracy, or safety of these hyperlinks or any sites that may be hyperlinked to this site. Further, the inclusion of any hyperlink 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, nonexclusive 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, services, 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 our Privacy Policy as set forth elsewhere 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 malicious software code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures, checkpoints, and methods to satisfy your particular requirements for accuracy of data input and output, the safety and integrity of your computer and telecommunications systems, 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 or any software, data, or other materials you may find through it.

The Content is not necessarily complete or up-to-date and should not be used to replace any written reports, statements, or notices provided by any 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 or that of their advisors. 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 EXPLICIT 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. The 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

THE 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 THE 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 THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH ANY ALLEGED LIABILITY AROSE.

INDEMNITY

You will indemnify and hold the 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 and Service by you, including any use of Content other than as expressly authorized in these Terms of Use and Service. 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 losses, 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 the company. The 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.

INFORMATON 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 (for example, offering for sale products or services) or otherwise engages in any commercial activity (for example, 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 malicious computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications services;

- 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 MLM 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 hyperlinks 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 and Service, 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). The company will be entitled to monitor your password and, at its sole discretion, require you to change it. If you use a password that the company considers insecure, the 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 (for example, password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security the company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

The company reserves the right to investigate suspected violations of these Terms of Use and Service. The company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the company to disclose the identity of anyone posting any eMail messages, or publishing, or otherwise making available any materials that are believed to violate these Terms of Use and Service.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

These Terms of Use and Service will be governed and interpreted pursuant to the laws of England & Wales, United Kingdom, notwithstanding any principles of conflict of laws. You specifically consent to personal jurisdiction in England & Wales in connection with any dispute between you and the company arising out of these Terms of Use and Service or pertaining to the subject matter hereof. The parties to these Terms of Use and Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use and Service or pertaining to the subject matter of these Terms of Use and Service will be in the local, regional, and national courts in London, England, UK.

If any part of these Terms of Use and Service is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforce ability of any remaining provisions. These Terms of Use and Service 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. The company may revise these Terms of Use and Service at any time of our choosing, and at our sole discretion, by updating this posting.

Last updated: 25 March, 2005

© Copyright 2005 by Kerzman & Associates - All Rights Reserved