Terms of Use

General:

MovingIdeas.org and its subsidiaries and corporate affiliates (collectively, "MovingIdeas") operate a family of Web sites and associated Web pages. MovingIdeas refers to this group of Web sites as the "MovingIdeas Network™." Any person accessing or using the MovingIdeas Network is referred to as “you”.

Acceptance of Terms: By accessing or using any part of the MovingIdeas Network or the services provided on it or other Web sites as set forth below (collectively, the “Services”), you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by MovingIdeas from time-to-time without notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between MovingIdeas and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the MovingIdeas Network.

Additional terms may govern use of certain Web sites or Web pages within the MovingIdeas Network. In the event that any provision, term or guideline contained on a particular Web site or Web page in the MovingIdeas Network conflicts with the Terms of Use, the terms of such Web site or Web page shall control over the Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

General Use of the MovingIdeas Network: Unless specified otherwise, MovingIdeas offers you access to the MovingIdeas Network solely for your personal and non-commercial uses. You agree to only access or use the MovingIdeas Network only for legal purposes that are permitted by the Terms of Use. Among other things, you agree not to:

• except with the express written permission of MovingIdeas, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the MovingIdeas Network, including without limitation, engaging in the practices of "screen scraping," "database scraping," or any other activity with the purpose of obtaining lists of users or other information;
• damage, disable, overburden, or impair the MovingIdeas Network or interfere with any other party's use and enjoyment of the MovingIdeas Network;
• obtain or attempt to obtain any materials or information through any means not made readily accessible by MovingIdeas through the MovingIdeas Network.

Except with the express written permission of MovingIdeas, you agree that you will not access or attempt to access password protected, secure or non-public areas of the MovingIdeas Network. Except with the express written permission of MovingIdeas, you agree that you will not create links from any Web site or Web page to any page within the MovingIdeas Network; provided however upon prior written notice to MovingIdeas at webmaster[at]movingideas.org.

You agree that MovingIdeas may in its sole discretion and at any time terminate your access to and use of the MovingIdeas Network, or any part thereof, with or without notice. You further agree that use of the MovingIdeas Network and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, MovingIdeas reserves the right, in its sole discretion, to modify or discontinue the Services or any portion thereof, with or without notice, and without liability to you.

The Services provided through the MovingIdeas Network may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by MovingIdeas to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, MovingIdeas does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release MovingIdeas from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services. Further, please note that certain of the interactive Services may be financial or mortgage tools that provide information and customized information based on user-inputted data. These tools are for the purpose of performing calculations, and are not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.

You acknowledge that MovingIdeas is not a real estate broker, mortgage broker or mortgage lender, and MovingIdeas does not aid or assist borrowers in obtaining, solicit borrowers or lenders for, negotiate or make loans secured by liens on real property.

Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.

Content Contained in the MovingIdeas Network: The MovingIdeas Network and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials on the MovingIdeas Network (collectively, “Content”) is owned by MovingIdeas and/or third parties with all rights reserved unless otherwise noted.. MovingIdeas grants you a limited license to access and use the MovingIdeas Network and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the MovingIdeas Network provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the MovingIdeas Network or Content, except with express written consent of MovingIdeas. You understand that all third party Content posted on, transmitted through, or linked from the MovingIdeas Network, is the sole responsibility of the third party originator of such Content. Content is provided through the MovingIdeas Network AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall MovingIdeas be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.

You acknowledge that MovingIdeas does not screen or approve third-party Content, and that MovingIdeas shall have the right (but not the obligation) in its sole discretion to refuse, modify, delete or MovingIdeas any Content that is available via the MovingIdeas Network, for any reason.

Content You Provide: To the extent that you post, upload, input, submit or otherwise transmit (collectively, “Transmit” or “Transmitting” as appropriate) Content on or through the MovingIdeas Network, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all Content that you provide or otherwise make available via the MovingIdeas Network. You also warrant and represent that you own or otherwise control all of the rights to such Content including, without limitation, all the rights necessary for you to Transmit such Content, and to transfer your or others’ interests in such Content to MovingIdeas as provided below.

You promise that you will not use the MovingIdeas Network to:

• Transmit any Content
  • not related to appropriate subject matters;
  • which is misleading to others, including consumers;
  • that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • that you do not have a right to post and transmit under any law or under contractual relationships;
  • such that such posting, uploading, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • and materials that contain 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; or
• intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law, including the Civil Rights Act of 1866, the Fair Housing Act, the Americans with Disabilities Act, and the Equal Credit Opportunity Act.

By Transmitting Content to the MovingIdeas Network, you grant, and you represent and warrant that you have the right to grant, to MovingIdeas an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the MovingIdeas Network, you grant MovingIdeas all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the MovingIdeas Network by any party for any purpose.

MovingIdeas is committed to maintaining the privacy and security of any and all such information that you provide to MovingIdeas through the MovingIdeas Network in accordance with its Privacy Policy. Please click here to review the MovingIdeas Privacy Policy.

General Terms:

Applicable Law: This Terms of Use is governed by the laws of the State of Delaware, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Delaware, County of Newark and/or Central District of Delaware in all disputes arising out of or relating to accessing or using of the MovingIdeas Network. Access or use of the MovingIdeas Network is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and MovingIdeas as a result of the Terms of Use or accessing or using the MovingIdeas Network. MovingIdeas's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of MovingIdeas's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the MovingIdeas Network or information provided to or gathered by MovingIdeas with respect to such use.

Interpretation of the Terms of Use: If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and MovingIdeas), the Terms of Use constitutes the entire agreement between you and MovingIdeas with respect to the MovingIdeas Network and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MovingIdeas with respect to the MovingIdeas Network. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE MOVINGIDEAS NETWORK, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOVINGIDEAS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE MOVINGIDEAS NETWORK, SERVICES AND/OR CONTENT. MOVINGIDEAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Indemnification: YOU AGREE TO INDEMNIFY AND HOLD MOVINGIDEAS, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE MOVINGIDEAS NETWORK AND/OR MOVINGIDEAS AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

Limitation of Liability: IN NO EVENT SHALL MOVINGIDEAS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MOVINGIDEAS NETWORK, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE MOVINGIDEAS NETWORK OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE MOVINGIDEAS NETWORK, OR OTHERWISE ARISING OUT OF THE USE OF THE MOVINGIDEAS NETWORK, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MOVINGIDEAS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE MOVINGIDEAS NETWORK, AND ALL OTHER USE OF THE MOVINGIDEAS NETWORK, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MOVINGIDEAS NETWORK, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MOVINGIDEAS NETWORK.

Copyright: All materials on the MovingIdeas Network (as well as the organization and layout of the MovingIdeas Network) are owned and copyrighted or licensed by MovingIdeas, its corporate affiliates or its third-party vendors. © MovingIdeas.org 2010, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the MovingIdeas Network is permitted without the written permission of MovingIdeas. Any rights not expressly granted herein are reserved.