| In order to use these web pages and the tools, functions, utilities, software, and features available from or contained thereon (collectively, the "Site"), you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. |
| The Site is provided "AS-IS" without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restrictions or modification under the laws applicable to these Terms. |
| The Site's host, owner, administrator, lessee, agent, or assigns (collectively, "Management") assumes no responsibility for the timeliness, deletion, nondelivery or failure to store any communications, files, information, posts, settings, information, data, text, graphics, sounds, photographs, graphics, video, messages or other materials (collectively, the "Content"). |
| Access to and use of the Site is subject to the terms and conditions of these Terms of Use and all applicable laws and regulations. By accessing, viewing, posting to, or otherwise using in any manner (collectively, "using") the Site, you accept, without limitation or qualification, all of the terms and conditions set forth herein. Management reserves the right to change these terms and conditions at any time. The changes will appear on this screen. By using the Site and Services, you agree in advance to accept any changes. |
| The Site may contain information, facts, and opinions (collectively, "representations") from various individuals, groups, and organizations. Management does not endorse and is not responsible for the accuracy or reliability of any representation on the Site. |
| You may be allowed to post information, communicate, and interact with other Site visitors/members while on the Site and using the Site's services. You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local, state, national or international law. You will be responsible for, and indemnify and hold Management harmless from any claim arising from any material you post or transmit. Although Management may from time to time monitor posts and transmissions, Management is not under any obligation to do so. You acknowledge (1) that Management does not control the posts, communications, and interactions that take place on the Site; and (2) that any opinions, advice, statements, services, offers, information or other communications presented or disseminated anywhere on the Site are those of their respective authors who are solely liable for their content. |
| You understand that all Content, whether publicly or privately posted or transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Management, are entirely responsible for all Content you upload, post or otherwise transmit via the Site. Management does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Please be aware that pages may contain adult or mature content. Your linking to such pages is at your own risk. |
| Your use of the Site and the information available thereon is at your own risk. Management shall not be liable to you for any direct, indirect, incidental, consequential, special, or punitive loss, injury or damage arising out of your use of, or your inability to use, the Site an/or information on the Site. You waive any an all claims against Management arising out of your use of the Site and/or the information available thereon. |
| Management does not review or monitor any Web sites linked to the Site and is not responsible for the content of any such linked Web sites. Your linking to such Web sites is at your own risk. |
| You should be aware that if you disclose personal information (e.g., username, email address) while using the Site or any of the Site's services, that the information can be collected and used by others and may result in unsolicited messages from other parties. |
| If your use of the Site requires a username and password, you are responsible for maintaining the confidentiality of that username and password, and are fully responsible for all activities that occur under your username and password. You agree to immediately notify Management of any unauthorized use of your username and password or any other breach of security. Management cannot and will not be liable for any loss or damage arising from your failure to comply with this section. |
You agree to not use the Site nor any of the Site's services to:
- upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- violate any local, state, national or international law;
- harm minors in any way;
- impersonate any person or entity;
- falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted via the Site;
- upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose;
- upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue or act in a manner that negatively affects other users' ability to communicate;
- interfere with or disrupt the Site, its servers or networks
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- collect or store personal data about other users, without their express consent;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
- use or promote software designed to harvest email addresses.
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| Management does not claim ownership of the Content you place on the Site. By publishing Content on the Site, you grant Management the world-wide, royalty-free, and non-exclusive license to reproduce and publish the Content for the purpose of displaying, distributing and promoting the Site. In so doing, Management will not disclose any personal information about you. |
| Except for your Content and Content posted by other users, the materials used and displayed on the Site, including but not limited to text, software, webware, photographs, images, graphics, illustrations, artwork, video, music, sounds, names, and logos are the property of Management and are protected by copyright, trademark, and other laws. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of Management. |
| You agree to indemnify and hold Management harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Site, your use of the Site's services, your violation of these Terms of Use, or your violation of any rights of another. |
| You agree that Management, in its sole discretion, may terminate your use of the Site or any part thereof, and remove and discard any of your Content within the Site, if Management believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any termination of your access to the Site due to violation of any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Management may immediately deactivate or delete your username/password (if applicable) and all related Content associated therewith and/or bar any further access to such Content or the Site. Further, you agree that Management shall not be liable to you or any third-party for any termination of your access to the Site or the Site's services. |
| Management reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Management shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, the Site's services or any part thereof. |
| Management reserves the right, in its sole discretion, to change, modify, add or remove provisions of these Terms at any time. You should check these Terms periodically for changes. By using the Site or any part thereof after Management posts changes to these Terms, you agree to accept the changes, whether or not you have reviewed them. If you do not agree to this, you should not use our Site. |
| These Terms of Use and any disputes arising out of or related to the Site shall be governed by, and construed and enforced in accordance with, the laws of the State of Iowa. |
| Violations of these Terms of Use should be reported immediately to Management. |
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