| Terms of Use |
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A user's continuing access or use of this website ("Website") signifies the user's acceptance of these terms and conditions for use of the website ("Terms"). From time to time, OptionsBlackBoard.com reserves all rights to modify the Terms of the Website. Accordingly, a user should continue to review the Terms whenever accessing or using the Website. A user's access or use of the Website after the posting of modifications to these Terms will constitute such user's acceptance of the Terms, as modified. If a user refuses to accept the Terms, such user may not use the Website. Any terms and conditions proposed by a user which are in addition to or which conflict with these Terms are expressly rejected by OptionsBlackBoard.com and shall be of no force or effect. Consent to Terms and Conditions for UseYou, as a Website user, represent that you have read, understand, and agree to be bound by the Terms for the Website. You also agree (a) that you signify your acknowledgment and assent to the Disclaimer for the Website, (b) that your use of the Website is subject to all applicable international, federal, state, and local laws, (c) not to use the Website for illegal purposes, and (d) not to interfere with or disrupt the Website or networks connected to the Website. Copyrights, Trademarks, Service Marks, and Proprietary RightsThe design of, as well as the materials, content, text, graphics, and information contained in, the Website ("Materials") are owned, licensed, or controlled by OptionsBlackBoard.com or the party credited as the owner, licensor, or provider of such Materials. You agree to comply with all applicable copyright and other laws. You agree to comply with any guidelines for linking to the Website that may be posted on the Website. You may view, print and download one copy of the contents for your personal noncommercial use, provided, you maintain all copyright, trademark and other notices contained on the Materials. You may not otherwise copy, reproduce, alter, store either in hard copy or in an electronic retrieval system, license, transmit, display, broadcast, create a derivative work from, publish, rent, sublicense, distribute, or otherwise use in whole or in part in any other manner the Materials without OptionsBlackBoard.com's prior written consent. RepresentationsYou represent, warrant and covenant that: (a) you have the power, competence and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Website only as set forth in the Terms. IndemnificationYou agree, at your expense, to indemnify, defend and hold harmless OptionsBlackBoard.com, its officers, directors, members, employees, affiliates, subsidiaries, agents, and assigns from any and all claims, suits, actions, or other proceedings based on or arising in connection with the Website or any links on the Website, including, but not limited to: (a) a violation of the Terms by you or any other person using your computer (or account); (b) your use of the Website; (c) a claim that any use of the Website by you or any other person using your computer (or account) infringes any intellectual property rights of any third party, or any right of publicity or privacy, is libelous or defamatory, or otherwise results in injury or damage to any third party; (d) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or any other person using your computer (or account); (e) any misrepresentation or breach of representation or warranty made by you contained herein; or (f) any breach of any covenant or agreement to be performed by you hereunder. OptionsBlackBoard.com's cooperation in such defense is made without waiver of any attorney-client, work-product, or other legal privileges. You agree to be responsible and liable for any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. TerminationEither you or OptionsBlackBoard.com may terminate the Terms with or without cause at any time and effective immediately. You may terminate the Terms by discontinuing the use of the Website and destroying all materials obtained from the Website. These Terms will terminate immediately without notice from OptionsBlackBoard.com if OptionsBlackBoard.com determines that you have failed to comply with any provision of these Terms. OptionsBlackBoard.com reserves the right to seek all remedies available at law and in equity for your violation of these Terms. Upon termination by you or upon notice of termination by OptionsBlackBoard.com, you must destroy promptly all Materials obtained from the Website. Governing LawThe Terms shall be governed and construed in accordance with the laws of the United States, without giving effect to conflicts of law principles thereof. You agree to submit to the personal jurisdiction of courts located in the United States with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the Terms. SeverabilityIf any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in force. Entire AgreementThe Terms and any other OptionsBlackBoard.com terms and conditions for use of the Website, and its successor Websites, constitute the entire agreement between you and OptionsBlackBoard.com and govern your use of the Website.
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