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By
accessing or using the Service, you agree to be bound
by all of the terms and conditions of this Agreement.
This Agreement is intended to be fully effective and
binding upon you and us.
We may modify this Agreement
at any time, and you agree that such modifications
will be effective immediately upon posting of the modified
Agreement on the Service. You agree to review the Agreement
posted on the Service each time you use the Service
so that you are aware of any modifications made to
this Agreement. By accessing or using the Service,
you agree to be bound by all of the terms and conditions
of the Agreement as posted on the Service at the time
of your access or use.
YOU ACKNOWLEDGE AND AGREE THAT
USE OF THIS SERVICE IS AT YOUR OWN RISK AND THAT THE
SERVICE AND ANY INFORMATION CONTAINED ON OR PROVIDED
THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" BASIS.
YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED
ON OR PROVIDED THROUGH THIS SERVICE IS INTENDED FOR
GENERAL CONSUMER UNDERSTANDING AND EDUCATION ONLY AND
IS NOT INTENDED TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL
ADVICE OF ANY KIND.
You understand and agree that,
except for information, products, services or merchandise
clearly identified as being supplied by us, we do not
operate, control, supply, endorse, warrant or guarantee
any information, products, services or merchandise
available on the Service or through the internet generally
in any way. You also understand and agree that we cannot
and do not warrant or guarantee that files available
for downloading through the Service will be free of
infections or viruses, worms, Trojan horses or other
code that contains contaminating or destructive properties.
You understand and agree that you are solely responsible
for implementing sufficient precautions, procedures
and checkpoints to satisfy your own requirements for
the accuracy of data input and output, and for maintaining
a means external to the Service for the reconstruction
of any lost data. We do not assume any responsibility
for the loss of any information, data or other materials
resulting from your use of the Service.
YOU UNDERSTAND AND AGREE THAT
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, OR
WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE,
MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH
THE SERVICE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY,
COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS
OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE
OR OTHER MATERIAL PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU
OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN
BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION
CONTAINED ON OR PROVIDED THROUGH THE SERVICE.
If you are located in any jurisdiction
in the world where the common, statutory, regulatory
or codified law of such jurisdiction would void this
Agreement in whole or in any essential part (the essential
parts being at least, but not only, the exclusive jurisdiction
and venue and exclusive remedy provisions, the warranty
disclaimers, the limitations of liability and the privacy
guidelines and terms of use), or would make accessing
the Service illegal, then you are not authorized to
use the Service and, if you do so, you do so entirely
at your own risk.
YOU UNDERSTAND AND AGREE THAT
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER
USER OF THE SERVICE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY
OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES,
LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING
OUT OF OR RELATING IN ANY WAY TO THIS SERVICE, OR SITES
ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION
PROVIDED ON OR THROUGH THE SERVICE. YOU ACKNOWLEDGE
AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION
WITH THE SERVICE IS TO STOP USING THE SERVICE.
You agree to indemnify us and
any of our parent or subsidiary companies or organizations,
and any of our successors, assigns or licensees, together
with any of their respective officers, directors and
employees, against any damages, losses, liabilities,
judgments, costs or expenses (including reasonable
attorneys' fees and costs) arising out of a claim by
a third party relating to your use of the Service,
or any breach or violation of this Agreement or any
other term or condition contained on the Service.
In the event we determine, in
our sole and absolute discretion, that you have breached
any of your obligations under this Agreement, then,
in addition to and not in lieu or limitation of any
other right or remedy we may have, we may advise you
that you have violated this Agreement; delete or remove
any communications or content furnished or posted by
you to the Service; discontinue your registration and
remove you as a registered member; block your access
to the Service; notify and/or send communications or
content to and cooperate with applicable law enforcement
authorities; and/or take any other action we deem appropriate.
You agree that this Agreement
is entered into between you and us in the State of
Arkansas, United States of America, and is performed
within the State of Arkansas and governed by and shall
be construed in all respects under the laws of the
State of Arkansas, exclusive of its choice of law or
conflict of laws provisions. In any claim or action
by you directly or indirectly arising under this Agreement
or related to the Service, you and we each irrevocably
agrees to submit to the exclusive personal jurisdiction
of the Arkansas State District Court or if such court
does not have subject matter jurisdiction, then you
and we each irrevocably
agree to submit to the exclusive personal jurisdiction
of the United States Court for the District of Arkansas,
and whichever of those two courts has jurisdiction,
you and we each waives any jurisdictional, venue, or
inconvenient forum objections to such court.
If any of the provisions of
this Agreement are held by a court or other tribunal
of competent jurisdiction to be not enforceable, then
such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect. This Agreement
constitutes the entire agreement between you and us
relating to the subject matter hereof and supersedes
and merges herein any prior promises, agreements, or
understanding between you and us relating to any of
the subject matters of this Agreement. This Agreement
may not be modified, in whole or in part, except as
described elsewhere in this Agreement. Anything contained
on the Service inconsistent with or conflicting with
the terms of this Agreement is superseded by the terms
of this Agreement.
The materials on the Service
are copyrighted by us and/or other applicable rights
holders. You may download and reprint a single copy
of the materials from the Service for your own personal,
noncommercial use only, provided you include all applicable
notices and disclaimers. Any other use of the materials
is strictly prohibited without our prior written permission
and the permission of the applicable rights holder(s).
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