CYBERNASTICS®Inc.,IS AN INTERNET-BASED ON-LINE INFORMATION AND COMMUNICATION SERVICE. BY ACCESSING OR USING CYBERNASTICS®.Inc., YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE CYBERNASTICS®,Inc. CYBERNASTICS®Inc.,MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED AGREEMENT OR NOTIFYING YOU. YOU AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATIONS. YOUR CONTINUED ACCESS OR USE OF CYBERNASTICS®Inc., SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. License. We hereby grant you the right to view and use this web site subject to the terms and conditions of this Agreement. You may download and/or print a copy of information provided in this web site for your personal use only. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). You may contact us at 6007 North Tropical Trail Merritt Island, FL 32953-7212
Privacy. We respect your personal privacy. We will never release your name, street address, or telephone number without your consent except as noted in paragraphs 4 and 5. To defer the costs of bringing you the Service, you agree that we may provide aggregate information about our users to advertisers or business associates, but we will not individually identify you. You also agree that we may use information you submit to operate this Service and web site, or as required by law.
Use of Personal Information. You agree that Information which may personally identify you such as your name and street address may be gathered, processed or used in the following instances: (1) if you use CYBERNASTICS®Inc.,to purchase or otherwise obtain physical goods or services not delivered by means of electronic transmission during a CYBERNASTICS®Inc.,session, the company that sells or provides such physical goods or services (the "Merchant") will obtain information; (2) if you use CYBERNASTICS®Inc.,to purchase or otherwise obtain digital delivery of or access to specific content, goods or services specifically delivered or made accessible to you by means of electronic transmission during a CYBERNASTICS®Inc.,session, the company providing such content, goods or services - the "Content Provider" - may obtain Information; (3) if you obtain dial-up access to CYBERNASTICS®Inc.,from a third party independent internet access provider (an "IAP"), information relating to you may be obtained by the IAP; and (4) CYBERNASTICS®Inc.,and your IAP may use Information as is necessary for enforcement of any of the terms of this Agreement.
5. Your E-Mail Address. Although your e-mail address will not be disclosed directly to a third party except as described in this Agreement, with your prior consent CYBERNASTICS®Inc.,may use your e-mail address to forward special offers or communications from selected companies to you via CYBERNASTICS®Inc.
6. Cookies. An individual site, advertiser, or one of our business associates may place a text file called a "cookie" in the browser files of your computer. Cookies are pieces of information that a website transfers to an individual's hard disk for record keeping purposes. The cookie itself does not contain Information which would personally identify you, although it will enable CYBERNASTICS®Inc., to relate your use of the site to information that you have specifically and knowingly provided to the site.
7. Usage Rules. As a condition of your use of this Service, you warrant to us that you will not use this Service for any purpose that is unlawful or prohibited by this Agreement. We reserve the right to deny you access to any part of this Service at our sole discretion. You are responsible for material that you send to any "discussion" group available through the Service. The chat and newsgroup discussions on this Service are not guaranteed to be monitored for unacceptable use, nor will any statements made therein be authenticated or endorsed by us. In order to maintain an informative and valuable service for you, but one which seeks to avoid the harm that can result from disseminating statements that are false, malicious, violative of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse.
You may not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Service using your account for any purpose.
You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
You may not interfere with other user's use of the Service, including, without limitation, disrupting the normal flow of dialogue in a chat room.
You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features.
You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the Service's intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as it deems appropriate in cases where the Service is used to disseminate statements which are deeply and widely offensive and/or harmful.
You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
8. Review of Postings & Uploads. CYBERNASTICS®Inc.,does not and cannot review all communications and materials posted or uploaded to CYBERNASTICS®Inc.,and is not responsible for the content of these communications and materials. However, CYBERNASTICS®Inc.,reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be (a) abusive, libelous, defamatory or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright or trademark, other intellectual property right of another, or (d) offensive or otherwise unacceptable to CYBERNASTICS.com. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
9. Links. CYBERNASTICS®Inc.,may contains links to web sites operated by other parties. The links are provided for your convenience only. Neither we nor our suppliers control such web sites and we are not responsible for the content and performance of these sites or for your transactions with them. Our inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators. CYBERNASTICS®Inc.,does not in any way operate, control or endorse any information, products or services provided by third parties through the Internet.
10. Warranty Disclaimer. The information provided through this Service is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. THIS SERVICE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SERVICE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. ADVICE RECEIVED VIA THIS SERVICE SHOULD NOT BE RELIED UPON FOR MEDICAL OR HEALTH DECISIONS AND YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. We and our suppliers assume no responsibility for how you use the information provided through this Service. You should always seek the advice of your physician or other qualified health provider prior to starting any new treatment or with any questions you may have regarding a medical condition.
WE AND OUR SUPPLIERS MAKE NO REPRESENTATIONS OR ENDORSEMENT ABOUT THE SUITABILITY OF PRODUCTS AND SERVICES OR THE TIMELINESS OR ACCURACY OF THE INFORMATION AVAILABLE THROUGH THIS SERVICE FOR ANY PURPOSE. WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE PRODUCTS, SERVICES AND INFORMATION CONTAINED ON OR MADE AVAILABLE THROUGH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS SERVICE, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE SERVICE. ALTHOUGH OUR SUPPLIERS OR WE MAY UPDATE THE CONTENT ON THIS SERVICE FROM TIME TO TIME, PLEASE NOTE THAT MEDICAL INFORMATION CHANGES RAPIDLY. THEREFORE, SOME OF THE INFORMATION MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS
11. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CYBERNASTICS®Inc.,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES, RESULTING FROM ANY VIOLATION OF THIS AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES' WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING CYBERNASTICS®Inc.,USING YOUR SERVICE ACCOUNT.
12. Waiver, Release and Limitation of Liability. YOU AGREE THAT NEITHER CYBERNASTICS®Inc.,NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF CYBERNASTICS®Inc. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST CYBERNASTICS®Inc.,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF CYBERNASTICS®Inc., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF CYBERNASTICS®Inc.
NOTWITHSTANDING THE FOREGOING PARAGRAPH, THE TOTAL LIABILITY OF CYBERNASTICS®Inc.,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE FEES PAID BY THE USER FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED. IN NO EVENT SHALL CYBERNASTICS®Inc.,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT REFERRED TO ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER PARTS OF CYBERNASTICS®Inc.,ARE HEREBY EXCLUDED EVEN IF CYBERNASTICS®Inc.,ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Third Party Rights. The provisions of paragraphs 11 (Indemnification) and 12 (Waiver, Release and Limitation of Liability) are for the benefit CYBERNASTICS®Inc.,and its officers, directors, employees, agents, licensors, suppliers, and Information Providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
14. User Representations You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use CYBERNASTICS®Inc.,in accordance with this Agreement. You agree to be financially responsible for your use of CYBERNASTICS®Inc.,(as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
15. Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. You agree that any legal action or proceeding between CYBERNASTICS®Inc.,and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Brevard County, Florida, United States of America. Any cause of action or claim you may have with respect to CYBERNASTICS®Inc.,must be commenced within one (1) year after the claim or cause of action arises. CYBERNASTICS®Inc.,failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CYBERNASTICS®Inc.,may assign its rights and duties under this Agreement to any party at any time without notice to you.
16. Notice. CYBERNASTICS®Inc.,may deliver notice to you under this Agreement by means of electronic mail, a general notice on CYBERNASTICS®Inc.,or by written communication delivered by first class U. S. mail to your address on record in CYBERNASTICS®Inc.,account information. You may give notice to CYBERNASTICS®Inc.,at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:
CYBERNASTICS®Inc.,17. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions.
18. The information provided by CYBERNASTICS®Inc.,is for educational and entertainment purposes only and should not be interpreted as a recommendation for a specific treatment plan, product, or course of action. CYBERNASTICS®Inc.,does not provide specific medical advice, and is not engaged in providing medical or professional services. Use of CYBERNASTICS®Inc.,does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of yourself or a loved one. In addition, while CYBERNASTICS.com frequently updates its contents, medical information changes rapidly and therefore, some information may be out of date. Please check with a physician or health professional if you suspect you are ill. Your use of this Web site indicates your agreement to be bound by the above Terms and Conditions Agreement.
Copyright (c) 1999 CYBERNASTICS®Inc. All rights reserved.
Users of this site agree to be bound by the terms of the Cybernastics Web Site Rules and Regulations.
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