You understand that our Company cannot and does not guarantee or warrant that the
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
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
THIS 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 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 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 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 on 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 on 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; - 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 rights 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 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, 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 Texas,
United States of America, notwithstanding any principles of conflicts of law. You
specifically consent to personal jurisdiction in Texas 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 Texas. 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 between
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.
CONTACT INFORMATION
Any questions about the Terms of Use should be sent to us at
https://www.plantswitch.com/contact-us/