Terms Of Use

Welcome!  Please read carefully the following Terms of Use (“Terms of Use”) before using this website, as these Terms of Use describe your rights and responsibilities and the conditions under which this website can be used.

Monterey Technology Group, Inc. (“we,” “us” or “Monterey”) maintains this website (“The Site”).  “The Site” refers to, and these Terms of Use apply to the following website:  www.ultimatewindowssecurity.com

By your use, continued use, browsing or viewing of The Site, you agree to these Terms of Use, which govern your use of The Site.  Also, by your actions to register, to take steps that cause the creation for you of an account on The Site, to click an “I agree” button when creating an account or purchasing a Product through The Site, to access or to log onto a membership, registration, subscription or account for The Site, you agree to these Terms of Use.  The Terms of Use are a binding contract between you and Monterey.  If you do not accept and agree with all of the Terms of Use without modification, you are not authorized to access or use The Site for any purpose.

Should you make a purchase, for example of a subscription or a Webinar, through The Site, you agree not only to these Terms of Use but also to any applicable purchase agreement or other sales terms of which this Site gives you notice.

You must be 18 years or older to use The Site or to make a purchase.

You represent that you have read and agree to abide by these Terms of Use.

You are encouraged to use and enjoy The Site, subject to these Terms of Use.

Read and Agreed.  You represent that you have read and agree to abide by the Terms of Use for The Site, as well as any other terms, disclaimers or policies set forth on The Site.

Modifications to Terms of Use.  We reserve the right to modify at any time, without giving you prior notice, the Terms of Use, as well as any other terms, disclaimers or policies set forth on The Site.  Your use or continued use of The Site following any such modification constitutes your agreement to follow and be bound by such things as modified.  For this reason, we encourage you to review the Terms of Use for The Site, as well as any other terms, disclaimers or policies set forth on The Site whenever you use The Site. 

Specific Terms for Portions of The Site.  One or more activities on or portions of The Site, such as WinSecWiki, may have its own, additional or more specific terms and conditions, disclaimers and/or terms of use (“Portion Specific Provisions”).  In the event of a conflict between any portion of these Terms of Use and any part of Portion Specific Provisions, then the Portion Specific Provisions control for that specific portion of The Site.  Ordering webinars and Subscriptions, for example and without limitation, may be subject to sales, shipping and returns policies that may be set forth in other places on The Site besides in these Terms of Use.  As other examples, we may, from time to time, offer and/or co-sponsor polls, contest, sweepstakes, raffles, promotions and games on The Site, each of which may be governed by specific rules accessible from pages of The Site offering the activity.  By participating in any such activities, you will become subject to those rules.  We urge you to read carefully any applicable rules, terms, disclaimers and conditions, and also to review our Privacy Policy, which, in addition to these Terms of Use, govern such activities and information you may submit.  These Terms of Use incorporate by reference those other additional rules, terms, disclaimers, conditions, and Privacy Policy; and those additional rules, terms, disclaimers, conditions, and Privacy Policy incorporate these Terms of Use.

The Site, Products, Webinars and Subscriptions

Free.  Browsing and viewing of many portions of The Site is currently free to all Users.  As used herein, a “User” means anyone who browses and views The Site, whether or not such person creates an account. We reserve the right to charge for access to The Site or other services in the future. In such event, we will notify you in advance, and give you an opportunity to subscribe to access to The Site or other services.  We reserve the right to modify any features of this access to The Site or other services at any time.

Products.  “Products” means anything that is sold, offered or available through The Site, including without limitation Webinars and Subscriptions.

Webinars.  You are encouraged to purchase the right to use Webinars through The Site.  Your purchase of the right to use a Webinar will be subject to these Terms of Use and any sales terms of which you are informed or given notice.

Subscriptions.  You are encouraged to purchase one or more Subscriptions through The Site.  A purchase of a Subscription may give you rights to access Subscriber Content (“Subscriber Content”) or additional portions of The Site that you may not otherwise be able to access.  Your purchase of a Subscription will be subject to these Terms of Use and any sales terms of which you are informed or given notice.  Subscriber Content may be made available only to persons who have purchased appropriate Subscriptions or who have reached another agreement with Monterey that gives them a Subscription.  Continued compliance with these Terms of Use is one condition of a Subscription, and Monterey may terminate, cancel, block, not renew, or suspend your access to Subscriber Content, the Site, or both if you are not in compliance with these Terms of Use or any other term or condition of Subscription.

Renewal.  Your Subscription will continue through the end of the subscription.  If The Site permits automatic renewal, and unless you inform Monterey otherwise, you authorize Monterey to charge your previously provided credit card number or other payment mechanism automatically in order to renew your subscription upon Monterey’s then-current pricing for the renewal.  Monterey will attempt such a charge no sooner than 60 days before the expiration of a Subscription.  Upon receipt of funds, your subscription shall automatically renew for another term of the paid-for duration.  UNLESS YOU NOTIFY US THAT YOU WISH TO NON-RENEW THE SUBSCRIPTION, WE WILL AUTOMATICALLY ENGAGE IN THIS RENEWAL PROCESS FOR SO LONG AS WE CONTINUE TO OFFER THE SUBSCRIPTION.  IF YOU WISH TO NON-RENEW OR CHANGE THE SUBSCRIPTION, YOU MUST NOTIFY US BEFORE THE TIME INDICATED ABOVE ON WHICH RENEWAL CHARGES MAY BE ATTEMPTED BY MONTEREY.

Pricing.  Monterey reserves the right to change, increase or decrease fees or rates for Products from time to time, and to apply any new Subscription fees at the time of renewal of your subscription.  Prices and offers are subject to change without notice.  All shipping and handling charges are non-refundable.  Subscribers are responsible for all sales tax, tariffs, duties and fees.  Payment for your subscription, including renewals, is due in advance of the subscription period.

Responsibility.  You agree to pay all charges that may be incurred by you, through your account, or on your behalf through The Site, at the price(s) in effect when such charges are incurred, including all shipping and handling charges.  In addition, you are responsible for any taxes that may be applicable to your purchases through the Site.

Discontinuation.  Monterey may change, suspend or discontinue any aspect of The Site at any time, including without limitation, the availability of any feature, database, content, or Subscriptions.  Monterey may also impose limits on certain features and services or restrict access to parts of or all of The Site without notice or liability.

Your Account/Logins

You may have the opportunity to create a user account for The Site.  Your access to that user account or to certain features or services on The Site may be protected by passwords or require a login.  Further, for authentication purposes, certain features on The Site may require you to answer a designated security question.  We will treat any personal information that you submit through The Site in accordance with our Privacy Policy, which is incorporated herein by reference.  You agree to provide Monterey with current, updated, complete and accurate information as prompted by the applicable registration process and agree to regularly update this information to maintain its completeness and accuracy.  You agree not to obtain or to attempt to obtain unauthorized access to such parts or features on The Site, or to any other protected materials or information, through any means not intentionally made available to you by Monterey.  You agree not to use, when subscribing or at any other time on The Site, any aliases or pseudonyms or to provide any false or out of date information about yourself.  You may not (i) select or use a screen name of another person with the intent to impersonate that person; (ii) use a name of any person other than yourself without authorization; or (iii) use a screen name that Monterey, in its sole discretion, deems offensive or inappropriate.

You are responsible for maintaining the confidentiality of any account information, user names, logins, passwords, and security questions and answers that you use to access any page or feature on The Site, and for logging off your account and any protected areas of The Site.  Further, you are fully responsible for all activities that may result from your negligence, carelessness, misconduct or failure to use or maintain appropriate security measures.  You agree to contact Monterey immediately if you become aware of any suspicious, suspected or unauthorized use or conduct concerning your subscription account(s), user name(s), email address(es), logins, passwords, and security questions and answers, including loss, theft or unauthorized disclosure of your password or credit card information.  Monterey will not be liable for any loss or damage arising from your failure to comply with this paragraph.  You are responsible for all usage or activity on your account and subscription, including the use of such things by any third party, whether or not authorized by you to use such things.  Any fraudulent, abusive, or otherwise illegal activity is a violation of these Terms of Use and may be grounds for termination, at Monterey’s sole discretion, and the person may be referred to appropriate law enforcement agencies.

Products and services provided to you through The Site may involve the electronic transmission, including via any email address you provide to us, of information that you may consider to be personal information or personal financial information or promotional and marketing materials, and you consent to such transmission(s).

Content - Ownership & Use

Content.  The Site may have four types of content (“Content”). 

Submissions.  Content that is provided or posted by you to us, for The Site or otherwise, is known in these Terms of Use as a “Submission.”  A Submission includes testimonials, information, comments, postings, ideas, concepts, methods, systems, designs, plans, techniques, photographs, images, illustrations, audio clips, video clips, or other materials which you provide to us or The Site.  User Content in the WinSecWiki is an example of a type of Submission.  Submissions are discussed below.

Third Party Content.  Content that a third party provides to Monterey for inclusion on The Site, whether through a Submission or otherwise, is known in these Terms of Use as “Third Party Content.”  Third Party Content is discussed below. 

Our Wiki Content.  Content that we post as an entry within a wiki topic on WinSecWiki or another portion of The Site is known in these Terms of Use as “Our Wiki Content.” 

Our Content.  Everything else, including all other Content provided by us, The Site itself, Trademarks, blogs, text, photographs, graphics, video, audio content, information, data, software, graphs, videos, typefaces, sounds, brands, the design, layout, look and appearance of the Site and other material, whether in the form shown on The Site or in other forms, media, technologies existing now or hereinafter developed is known herein as “Our Content.”  Our Content can include items which were originally known as Submissions and which have subsequently become owned by Monterey. 

Trademarks.  ULTIMATE WINDOWS SECURITY™ and MONTEREY TECHNOLOGY GROUP™ are trademarks of Monterey.  These and other brands that may be adopted by Monterey are known in these Terms of Use as the “Trademarks.”  You agree that Monterey owns the Trademarks and that you will not use the Trademarks in any way.

Ownership of Our Content.  All of Our Content published on The Site is protected by copyright, trademark or other laws, and is owned or controlled by Monterey.  Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials.  You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through The Site.

Ownership of Products.  You agree that all rights to Products offered by Monterey through the Site are owned exclusively by Monterey.  Except to the extent you are permitted to view a Product through The Site or a Subscription, you are not permitted to and you agree not to use, copy, distribute, sell, offer, license, market, reverse engineer, disassemble, decompile, crack, break into, hack, affect, or view any Product, any software on or available through The Site, or any part thereof, in any way.  You further agree that you will not create or attempt to create your own material that mimics, replicates or re-creates a Product or a substantially similar or an equivalent Product, or that is substantially similar.

Protection.  The Site, Our Content and Products are also protected as and by copyrights, trademarks, patents or other proprietary rights and laws.  The Site, Our Content and Products are copyrighted as one or more collective works and/or compilations pursuant to U.S. copyright laws, international conventions, and other copyright laws, and Monterey owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of The Site, Our Content and Products.  You may not copy, use, modify, publish, transmit, remove, delete, enter into a database, augment, add to, reproduce, create derivative works from, distribute, distribute over a network or as a service bureau, perform, display, transmit, frame, stream, market, participate in the transfer or sale, lease or rental of, or in any way exploit, any of The Site, Our Content and Products, in whole or in part, without our express prior written consent.  Neither title nor intellectual property rights are transferred or granted to you by access to The Site.

Our Wiki Content.  Our Wiki Content is owned by us or its respective owner.  You are granted limited, restricted permission to make a copy or to print Our Wiki Content, so long as you do not republish substantially all of Our Wiki Content for a subject for the purpose of re-distribution, re-sale or re-use and so long as you do not copy Our Wiki Content into a database, another wiki-type service or similar vehicle.

Third-Party Content.  The Site may include certain information provided by third-parties.  Neither Monterey nor the provider of Third Party content shall have any liability for any errors or delays in the substance, content, provision, or availability of Third Party Content, or for any actions taken in reliance thereon.  Third Party Content may also be protected by copyright or other laws, and owned or controlled by the party credited as the provider of the content, software, or other materials.

Site Integrity.  The Site has been specially designed for presentation of content in a unique format and appearance.  We are concerned about the integrity of The Site when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with The Site. Without limiting other provisions of these Terms of Use, neither you nor any third party shall make use of The Site or Content in any manner that constitutes an infringement or violation of our rights, including copyright, or that has not been authorized by us.

Copyright Notice.  Copyright 2008 Monterey Technology Group, Inc.  All rights reserved.

Copyright Management Information.  You agree that you will not remove, change or obscure any copyright or other notices for The Site, Content or anything from or involved with The Site.

SUBMISSIONS

Unsolicited Materials.  Unless specifically requested, we do not solicit any confidential, secret or proprietary information or other material from you through or for The Site, by e-mail or in any other way.

Provision.  You may have the opportunity on The Site (or otherwise) to post, transmit or otherwise make available Submissions, including testimonials, opinions, responses, ideas, images or other things.  We reserve the right to post and to remove any Submissions sent to Monterey or posted to The Site for any reason, or for no reason at all.  Decisions as to whether Submissions should be posted or removed, or violates our standards will be made in our sole discretion after we have actual notice of such posting. 

If you contribute any Submissions, you are publishing every word and material you provide.  You should therefore assume that it may be retained forever, although we assume no obligation to retain or make it available for any length of time, much less forever.  With respect to Submissions posted to or on The Site, if any, we are the provider of an interactive computer service and user providing the Submission (which may be you or a third party) is the publisher or speaker of the Submission.

Submission Content.  You are responsible for all Submissions you provide.  You represent and warrant that:

-all Submissions you provide are NOT illegal, defamatory, libelous, threatening, intimidating, derogatory, abusive, harassing, rude, vulgar, obscene, bigoted or hateful, insensitive, petty, uncivil, offensive, profane, scandalous, pornographic, indecent, invasive of privacy or publicity rights, tortuous, unreasonable, or intentionally false, fraudulent, deceptive, wrong, improper or otherwise objectionable;

-all Submissions you provide do NOT infringe any copyright, patent, trademark or other intellectual property right;

-all Submissions you provide are either original to you or are provided without violation or infringement of any contract or rights of any others;

-all Submissions you provide do not contain any material, non-public information about any third party or third-party’s intellectual property, trade secret, or other rights;

-no other party has any rights to the Submissions you provide or that you have all rights necessary to grant the rights and agree to the provisions of these Terms of Use;

-your act of providing, and the continued existence on The Site of, such Submissions does NOT violate any right, restriction, law, regulation, ordinance, governmental decree, contract or obligation;

-all Submissions you provide are provided without any restrictions;

-all Submissions you provide do NOT violate these Terms of Use;

-all Submissions you provide do NOT solicit, encourage or promote illegal activity or substances;

-all Submissions you provide do NOT express or imply that any statements you make are endorsed by Monterey, without our prior written consent; and

-none of your Submissions give rise to civil or criminal liability, encourage conduct that constitutes a criminal offense or otherwise violates any local, state or federal law.

You may NOT provide or post Submissions that are contrary to the above representations, warranties and restrictions.

Prohibited Submissions.  Additionally, you may not post, transmit or provide as a Submission for The Site the following:

-advertising or commercial solicitations, chain letters, pyramid schemes, investment opportunities;

-promotional materials relating to other websites or online services competitive with Monterey or The Site;

-software or other materials that are or contain spam, viruses, worms, time-bombs, Trojan horses, or another harmful or disruptive component;

-personalized information about your own investments, objectives, needs or portfolios;

-political campaign materials, chain letters, mass mailings or spam; or

-any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, database, data mine, or in any way reproduce or circumvent The Site or the navigational structure or presentation of The Site.

Not Confidential.  Submissions will be deemed NOT to be confidential or secret.  We and all other users will not be required to treat any of your Submissions as confidential, and may use any of your Submissions in our respective businesses (including without limitation, for products or advertising) without incurring any liability for royalties, damages or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.

Use of Submissions.  Please note that because we may allow users like yourself to post materials on forums and in other ways on The Site, we need to obtain certain rights in your Submissions.  By submitting or otherwise making Submissions available on The Site, you hereby grant to us and all users a royalty-free, perpetual, irrevocable, transferable, sub-licensable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Submissions, and to incorporate your Submissions in other works in any form, media, or technology now known or later developed.  You also agree and acknowledge that any and all of your Submissions, such as information, ideas, concepts, methods, systems, designs, plans, techniques or other similar materials, that you post, submit or otherwise communicate to us or The Site may be used by us and other users in any manner, and without limitation may be displayed on The Site and copied, printed and distributed for educational, promotional, marketing or any other purposes.

Noncommercial.  To the extent that any forums, message boards, blogs and similar things are provided by on The Site for the receipt and posting of Submissions, such things shall be used only in a noncommercial manner.  You shall not, without the express approval of Monterey, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

Responsibilities.  Monterey is not responsible for any content of any Submissions on The Site.  Monterey has the right, but assumes no obligation, to monitor Submissions for compliance with these Terms of Use or any other reason.  Monterey reserves the right not to post and to delete, move, or edit messages that it, in its sole discretion, desires not to have on The Site, or deems abusive, defamatory, obscene, in violation of copyright or trademark laws, otherwise unacceptable or in violation of these Terms of Use.  Monterey reserves the right, but not the obligation, to take any action it deems appropriate with respect to The Site, Submissions, and Third Party Content to operate The Site properly, to protect other users, Monterey, Monterey’s business relationships, and guests to The Site, and to comply with legal obligations or governmental requests.  The providers of Submissions shall remain solely responsible for the content of their Submissions.

Editing.  By providing a Submission, you acknowledge and agree that any Submissions (whether a letter to the editor, testimonial, review, commentary, or otherwise) may be edited, removed, modified, published, transmitted, displayed, truncated, or not posted, or not displayed by Monterey.  In addition, by providing a Submission, you warrant that you have irrevocably waived all moral rights and other rights with respect to attribution of authorship or integrity, under any applicable law under any legal theory, in any Submissions you provide.

Submission Inaccuracy.  Submissions and the Third Party Content that may be found on The Site have not necessarily been reviewed by people with the expertise required to provide you with complete, accurate or reliable information.  Such things are therefore provided “as is” and without any warranties of any sort.  Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition or non-infringement.  Additional disclaimers are set forth below.  Monterey does not represent or endorse the accuracy or reliability of any Submission, Third Party Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through The Site by any user, information provider or any other person or entity.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your own sole risk.  Monterey reserves the right, in its sole discretion, and assumes no obligation, to correct any errors or omissions in any portion of The Site.

Personal Information. Information, including personally identifiable information (any information which can be used to identify a specific individual, such as a name, email address, postal address or telephone number) which is provided as a Submission or posted by you on The Site in an area viewable by other users will be accessible to other users including people you may not know.  Making this information available may result in a user receiving “spam” or unsolicited e-mail.  You are encouraged to use discretion when communicating with others and/or disclosing personally identifiable information on-line.  In addition, Monterey has no control over, and shall have no liability for, damages resulting from the use or misuse by any third party of information that you voluntarily make public through a Submission.  IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION PUBLICLY AVAILABLE THROUGH A SUBMISSION, YOU DO SO AT YOUR OWN RISK.  Without limiting the foregoing, you consent to the publication of any of the following that you provide to us, including in a testimonial: your name, first name, last name, initials, the testimonial and signature.

Good Behavior

You must engage in good behavior when utilizing The Site.  Rude, insensitive, illegal, malicious or petty behavior is not productive, is not good behavior and will not be condoned.  Personal attacks, fraudulent behavior, the use of aliases, sock puppetry, and vandalism also are not productive, not good behavior and will not be condoned.

Your Use of The Site.  You may use The Site only in legal fashion and in accordance with the Terms of Use.  Unauthorized use of The Site may give to a claim for damages and/or be a criminal offense.  You acknowledge that we have no obligation to monitor any aspect of The Site or the Content, and we assume no such obligation.  We, however, reserve the right to monitor use of The Site to determine compliance with these Terms of Use.  We also reserve the right to refuse to post, to modify, or to remove, in whole or in part, any Submissions, Content, information or material(s), that, in our sole discretion, is unacceptable, undesirable, inappropriate, uncivil, wrong, incomplete, in violation of these Terms of Use or otherwise should be removed, modified or not posted for any reason or no reason at all.  We may also suspend, terminate and/or block anyone’s use of The Site, or any aspect of The Site, at any time in our sole discretion, for any reason or no reason at all.

No Duty to Police or Check

We undertake no duty or obligation to police, monitor, review or verify any aspect of Submissions or Third Party Content.

If you believe that you, your rights, intellectual property rights, or copyrights have been infringed, violated or defamed by Third Party Content or from anything on The Site, please contact us.  We undertake no duty to comply with your request, but we have no tolerance for copyright infringement, libelous statements or other actions to violate rights.

No Warranties from Monterey concerning The Site, Products or Content

All Content and Products are provided “as is” and without any warranties or any sort.  Without limitation, such things are NOT provided with any warranties as to their accuracy, commercial reasonability, condition, or non-infringement.  Additional disclaimers are set forth below.

DISCLAIMERS & LIMITATIONS ON LIABILITY

DISCLAIMER.  YOUR USE OF THE SITE and products IS AT YOUR OWN RISK.  The SITE, OUR Content, our wiki content, products, and all materials and/OR SERVICES on the site or provided through the site ARE EACH provided “as is,” ON AN “AS AVAILABLE” BASIS, and without guarantees or warranties of any kind, either expressed or implied.  Third PARTY content and submissions are PROVIDED BY others, who may or may not make other promises, guarantees or warranties, and we are not responsible for any such things.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACITES IN the site, CONTENT, our wiki content, INFORMATION, prodcuts OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.  WE ARE NOT RESPONSIBLe FOR THE AVAILABILITY OR substance OF THE content or OTHER SERVICES THAT MAY BE connected TO or associated with THE SITE.  We, OUR affiliates and OTHER third party service providers hereby expressly disclaim all warranties, including any and all warranties, express and implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, TITLE, accuracy, timeliness, completeness, reliability, suitability, NON-INFRINGEMENT, and condition.  We, OUR affiliates and OTHER third party service providers do not represent or warrant that access to the site will be uninterrupted, or that there will be no failures, errors or omissions or loss of transmitted information, or that defects will be corrected, that no viruses will be transmitted on the site, or that the site or the server that makes it available are free of viruses or other harmful components.  We, OUR affiliates and OTHER third party service providers do not warrant or make any representation regarding use, or the result of use, of the content or products in terms of accuracy, reliability, or otherwise.  The content and prodcuts may include technical inaccuracies or typographical errors, and WE may make changes or improvements at any time.  You, and not WE, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM your USE OF the SITE, products or the CONTENT. We, OUR affiliates and OTHER third party service providers MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT or products WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH things.  ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM any wiki content, content or products THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY.  IF YOU ARE DISSATISFIED WITH THE SITE, products, OR ANY CONTENT OR FUNCTION of the site, YOUR SOLE REMEDies is TO DISCONTINUE USING THE products or site.  WE DO NOT ENDORSE ANY OF THE third party content AND WE DO NOT ENDORSE THE ACCURACY OF ANY OF such third party content.

Not Professional Advice.  Content on the Site is not intended to be professional licensed advice.  If you need specific advice (for example, medical, legal, financial or risk management), please contact a professional licensed by an appropriate governmental body.

Timeliness.  The information on The Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on The Site, and we do not undertake any obligation to update such information after it is posted or to remove such information from The Site if it is not, or is no longer, accurate or complete.  Investors, borrowers, and other persons should use The Site in the same manner as any other educational medium and should not rely on The Site to the exclusion of their own professional judgment.  Information obtained by using The Site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. 

Your Requirements.  It shall be your own responsibility to ensure that any products, services or information available through The Site meet your specific requirements.  You are responsible for obtaining and maintaining all telephone, computer hardware, and other equipment and all internet access services needed for access to and use of The Site, and you are responsible for all charges related thereto.

Corrections.  We reserve the right to correct any errors or omissions on The Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to The Site, we do not guarantee or warrant that The Site or materials that may be downloaded from The Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on The Site and any materials available through The Site, you do so solely at your own risk.

LIMITATION OF LIABILITY.  IN NO EVENT SHALL WE, OUR SUBSIDIARIES, AFFILIATES, OWNERS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF, THE USE OF, OR THE INABILITY TO USE, THE SITE, products, the Content, or any materials and/OR SERVICES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITE, OR INFORMATION AVAILABLE ON THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF WE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  YOU HEREBY AGREE TO RELEASE US, OUR AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED.  IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”  WITHOUT LIMITING THE FOREGOING OR THAT WHICH APPEARS BELOW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING FROM, ALLEGEDLY SUSTAINED ARISING OUT OF, OR DIRECTLY OR INDIRECTLY RELATED TO ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS OF USE BY YOU; AND YOU AGREE TO RELEASE US FOR ALL CLAIMS ARISING FROM OR RELATED IN ANY WAY TO ANY ILLEGAL CONDUCT OR ANY VIOLATION OF THESE TERMS OF USE BY YOU; AND YOU AGREE TO INDEMNIFY AND DEFEND US AS SET FORTH BELOW.

You Assume the Risk.  To the extent permitted by law, you assume the risk of all use of The Site and the Content.  As set forth below in these Terms of Use, you release us from all liability and you will indemnify and defend us.

Indemnity.  You agree to indemnify and hold us, our subsidiaries, affiliates, parents, licensors, content providers, and service providers, and all of our/their employees, agents, officers, managers, directors, owners, shareholders, agents, and contractors (the “Indemnified Parties”) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you or done at your direction or request or from any illegal conduct by you, including without limitation any use of The Site, Products or any Content other than as expressly authorized in these Terms of Use or as may be expressly authorized in another agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized action, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ 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 providing a Submission, violating any of these Terms of Use or using any Product or Content.  We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms of Use. In such event, you shall provide us with such cooperation as is reasonably requested by us and reimburse us all defense costs, including reasonable attorneys’ fees.

Miscellaneous

Links.   You may not create a link to this website from another website or document without our prior written consent.  From time to time, The Site may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse or have an association with the linked website(s). We have no responsibility for the content of the linked website(s).

User Information.  In the course of your creation of an account or other use of The Site, you may provide or you may be asked to provide certain information about yourself ("User Information").  We will treat any personal information that you submit through The Site in accordance with our Privacy Policy, which is incorporated herein by reference.  You may access that Privacy Policy through a link on The Site.  You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information. 

Please keep in mind that whenever you voluntarily disclose personal information online - for example, through email, discussion lists, or elsewhere - that information can be collected and used by others. In short, if you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return.

Ultimately, you are solely responsible for determining whether you intend for your personal information to be confidential and for maintaining its confidentiality. Please be careful and responsible whenever you are online.

Copyright Agent.  We respect the intellectual property rights of others, and require that the people who use The Site do the same. If you believe that your work has been copied on the Site or by us in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: your address, telephone number, and e-mail address; a  description of the copyrighted work that you claim has been infringed; a description of where the alleged infringing material is located; a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.  Copyright Agent:  Randy Smith (Person), 103 Tennyson Ct (Address), Spartanburg, SC 29301, phone number: 866-749-2048.  Email: rsmith@montereytechgroup.com.  This contact information is only for suspected infringement. Contact information for other matters may be provided elsewhere on this site.

Applicable Laws.  We control and operate The Site from our offices in the United States of America. We do not represent that materials on The Site are appropriate or available for use in other locations. Persons who choose to access The Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  The Terms of Use and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions.  You and we agree that any cause of action that may arise under these Terms of Use shall be commenced and be heard in the appropriate court in the State of North Carolina.  You and we each agree to submit to the personal jurisdiction of the courts located within the State of North Carolina and waive any defenses to the assertion of jurisdiction by or venue in these courts.  To the extent allowed by law, you agree that the exclusive jurisdiction for any cause of action that may arise under the Terms of Use or that may relate to The Site shall be an appropriate court, federal or state, in North Carolina.  Any failure by us to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action of yours arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Breaches of Security.  We are not responsible for any breach of security caused by third parties or for any actions of any third parties that receive the information.  We also may allow to be displayed on The Site advertisements of third parties. We are not responsible for such third party’s privacy policies or how they treat information about their users.

Legal Subpoenas.  We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of The Site; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions).

No Use by Anyone Under 18.  The Site is not directed towards children, minors or anyone under the age of 18.  Please do not send us or post any information about anyone under the age of 18, like names, addresses or e-mail addresses. In general, we do not knowingly collect personally identifiable information from those under 18. If, in limited circumstances, we do knowingly collect personally identifiable information from someone under the age of 18, we will do so only with verified parental consent prior to collection. In the event that we learn that we have collected any personal information from a child under the age of 18 without verification of parental consent, we will delete that information from our material as quickly as possible.

Should you have other questions or concerns about these Terms of Use, please call us at 866-749-2048 or send us an email at rsmith@montereytechgroup.com.

The Site is operated by:

Monterey Technology Group, Inc.

103 Tennyson Ct

Spartanburg, SC 29301

 

Last updated: 12/19/08

 

©2012 Monterey Technology Group, Inc.