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| Legal Notice |
Legal Notice
Welcome to FWG.com. The goal of this web site is to
provide access to Financial West Group for our
affiliates and their clients. To insure a safe,
non-offensive environment for all of our users, we have
established our Terms of Use. It spells out what you can
expect from us and what we expect from you. By accessing
any areas of FWG.com, Users ("Users") agree to be
legally bound and to abide by the terms set forth below.
I. COPYRIGHT AND TRADEMARKS
This Site and the materials within it are © 2000-2003
Financial West Group. Financial West Group, and FWG.com
are all service marks of Financial West Group. All
rights reserved. These and other FWG.com graphics, logos
and service marks and trademarks of Financial West Group
may not be used without prior written consent of
Financial West Group, as the case may be. All other
trademarks, product names, company names, and logos
appearing on FWG.com are the property of their
respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of FWG.com is at User's
sole risk. Neither FWG.com, nor its affiliates, nor any
of their officers, directors, or employees, agents,
third-party content providers, merchants, sponsors,
licensors (collectively, "Providers"), or the like,
warrant that FWG.com will be uninterrupted or
error-free; nor do they make any warranty as to the
results that may be obtained from the use of FWG.com, or
as to the accuracy, reliability, or currency of any
information, content, service, or merchandise provided
through FWG.com.
THIS SITE IS PROVIDED BY FWG.COM ON AN "AS IS"AND "AS
AVAILABLE" BASIS. FWG.COM MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE
FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FWG.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FWG.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY FWG.COM NOR ITS AFFILIATES, NOR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR
SHALL USERS RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall FWG.com or any other party
involved in creating, producing, or distributing FWG.com
be liable for any direct, indirect, incidental, special,
or consequential damages that result from the use of or
inability to use FWG.com, including but not limited to
reliance by a User on any information obtained from
FWG.com or that result from mistakes, omissions,
interruptions, deletion of files or email, errors,
defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting
from acts of God, communications failure, theft,
destruction, or unauthorized access to FWG.com's
records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content,
merchandise, and services available through FWG.com.
Because some states do not allow the exclusion or
limitation of liability for consequential or incidental
damages, in such states liability is limited to the
fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that FWG.com contains information,
data, software, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material
(collectively "Content") that are protected by
copyrights, trademarks, trade secrets, or other
proprietary rights, and that these rights are valid and
protected in all forms, media, and technologies existing
now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and
FWG.com owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may
not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the
Content, in whole or in part. If no specific
restrictions are displayed, Users may make copies of
select portions of the Content, provided that the copies
are made only for User's personal use and that User
maintains any notices contained in the Content, such as
all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the
preceding sentence or as permitted by the fair use
privilege under the U.S. copyright laws (see,e.g., 17
U.S.C. Section 107), User may not upload, post,
reproduce, or distribute in any way Content protected by
copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other
propriety right. In addition to the foregoing, use of
any software Content shall be governed by the software
license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may
upload to or otherwise distribute on FWG.com only
Content that is not subject to any copyright or other
proprietary rights protection (collectively, "Public
Content"), or Content in which the author has given
express authorization for distribution on the World Wide
Web. Any copyrighted or other proprietary Content
distributed with the consent of a copyright owner should
contain a phrase such as "Copyright, owned by [name of
owner]; used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary
Content is illegal and could subject the User to
criminal prosecution as well as personal liability for
damages in a civil suit. User will be liable for any
damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from
such submission. Neither FWG.com, nor its affiliates,
nor any of their officers, directors, employees, agents,
Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from
such User submission. In compliance with the Digital
Millennium Copyright Act, Users and other persons can
report an infringement to Webmaster By submitting
Content to any User-submit areas, including, without
limitation, any User book reviews or participation in
any author chats, User automatically grants, or warrants
that the owner of such Content has expressly granted
FWG.com the royalty-free, perpetual, irrevocable,
nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy, and distribute the
Content in whole or in part worldwide and/or to
incorporate it in other works in any form, media, or
technology now known or hereafter developed for the full
term of any copyright that may exist in such Content.
User also permits any other User to access, store, or
reproduce the Content for that User's personal use.
Subject to this grant, the owner of Content placed on
FWG.com retains any and all rights, which may exist in
such Content.
c. THIRD-PARTY CONTENT
FWG.com is a distributor and not a publisher of Content
supplied by third parties and users. FWG.com has no more
editorial control over such Content than does a public
library or newsstand. Any opinions, advice, statements,
services, offers, or other information that constitutes
part of Content expressed or made available by third
parties, including Providers or any other User of
FWG.com, are those of the respective authors or
distributors and not of FWG.com or its affiliates or any
of their officers, directors, employees, or agents.
Neither FWG.com nor its affiliates, nor any of their
officers, directors, employees, or agents, nor any third
party, including any Provider or any other User of
FWG.com, guarantees the accuracy, completeness, or
usefulness of any Content, nor its merchantability or
fitness for any particular purpose. In many instances,
the Content available through FWG.com represents the
opinions and judgments of the respective Provider, or
User not under contract with FWG.com. FWG.com neither
endorses nor is responsible for the accuracy or
reliability of any opinion, advice, or statement made on
FWG.com by anyone other than authorized FWG.com
employees. Under no circumstances shall FWG.com, or its
affiliates, or any of their officers, directors,
employees, or agents be liable for any loss, damage or
harm caused by a User's reliance on information obtained
through FWG.com. It is the responsibility of User to
evaluate the information, opinion, advice, or other
Content available through FWG.com.
IV. ONLINE CONDUCT
User agrees to use FWG.com only for lawful purposes.
User is prohibited from posting on or transmitting
through FWG.com any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any
kind, including but not limited to any material that
encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise
violate any applicable local, state, national, or
international law.
If FWG.com is notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content
provided by User, FWG.com may investigate the allegation
and determine in its sole discretion whether to remove
or request the removal of such Content from FWG.com.
FWG.com may disclose any Content or electronic
communication of any kind (i) to satisfy any law,
regulation, or government request; (ii) if such
disclosure is necessary or appropriate to operate
FWG.com; or (iii) to protect the rights or property of
FWG.com, its Users or Providers.
FWG.com reserves the right to prohibit conduct,
communication, or Content that it deems in its sole
discretion to be harmful to individual Users, FWG.com,
the communities that make up FWG.com, or any rights of
FWG.com or any third party, or to violate any applicable
law. Notwithstanding the foregoing, neither FWG.com nor
its Providers can ensure prompt removal of questionable
Content after online posting. Accordingly, neither
FWG.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall
assume liability for any action or inaction with respect
to conduct, communication, or Content on FWG.com.
V. PRIVACY POLICY
In accordance with the terms of FWG.com's Privacy
Policy, FWG.com respects the privacy of its Users.
VI. TERMINATION OF USAGE
FWG.com may terminate User's access, or suspend any
User's access to all or part of FWG.com, without notice,
for any conduct that FWG.com, in its sole discretion,
believes is in violation of any applicable law or is
harmful to the interests of another User, a third-party
Provider, a service provider, or FWG.com.
VII. APPLICABLE LAW
This site is created and controlled by FWG.com in the
State of Pennsylvania and California. As such, the laws
of the State of Pennsylvania and California will govern
these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. FWG.com
reserves the right to make changes to its site and these
disclaimers, terms and conditions at any time. User
hereby irrevocably and unconditionally consents to
submit to the exclusive jurisdiction of the courts of
the State of Pennsylvania, California and of the United
States of America located in the State of Pennsylvania
and California for any litigation arising out of or
relating to use of or purchase made through FWG.com (and
agrees not to commence any litigation relating thereto
except in such courts), waives any objection to the
laying of venue of any such litigation in the
Pennsylvania and California Courts and agrees not to
plead or claim in any Pennsylvania Court that such
litigation brought therein has been brought in an
inconvenient forum.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be
severable. If for any reason any provision of these
Terms of Use shall be held invalid or unenforceable in
whole or in part in any jurisdiction, such provision
shall, as to such jurisdiction, be ineffective to the
extent of such invalidity or un-enforceability without
in any manner affecting the validity or enforceability
thereof in any other jurisdiction or the remaining
provisions hereof in any jurisdiction. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced
herein, represents the entire understanding between you
and FWG.com regarding your relationship with FWG.com and
supersedes any prior statements or representations. YOU
AGREE TO BE BOUND BY THE TERMS OF USE by using the
FWG.com web site. The aforementioned Terms of Use are
subject to change. |
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