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USER AGREEMENT
Effective: August 5, 2002
Last Updated: June 20, 2006
PLEASE READ THIS USER AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions. By using this site, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this site.
- OWNERSHIP - This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of Cyberinformatix and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered under common law Trademarks of Cyberinformatix. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Cyberinformatix.
- USE OF THIS SITE - Cyberinformatix grants you a limited, non-transferable license to use this site in accordance with the terms and conditions of this User Agreement. Apart from any use permitted by the Copyright Act, Cyberinformatix grants visitors to the site a licence to download, display, print and reproduce this material for private use or use within your organisation, for non-commercial purposes only. You may not use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of Cyberinformatix. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on the infrastructure that Cyberinformatix deems in its sole discretion to be unreasonable or disproportionate to the benefits Cyberinformatix obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site.
- AGE AND RESPONSIBILITY - If you use this site, You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site.
- PRIVACY - You have read the Cyberinformatix Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of your personal information by Cyberinformatix and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the Cyberinformatix Privacy Policy.
- EXCLUSION OF WARRANTY - CYBERINFORMATIX AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, IN ACCORDANCE WITH THE TERMS AND FOR THE PURPOSE SET FORTH IN THE CYBERINFORMATIX DISCLAIMER AGREEMENT.
- LIMITATION OF LIABILITY - CYBERINFORMATIX ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL CYBERINFORMATIX ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY CYBERINFORMATIX ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
- INDEMNIFICATION - You shall defend and indemnify Cyberinformatix and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
- CLAIMS OF COPYRIGHT INFRINGEMENT - The Copyright Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the copyright law. If you believe in good faith that materials hosted by Cyberinformatix infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that Cyberinformatix have wrongly filed a notice of copyright infringement against you, the Act permits you to send us a counter-notice. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the Act.
- LINKS - This site contains links to other Websites which are provided solely as a convenience to you and not as an endorsement by Cyberinformatix its third party providers or distributors of the contents of such other Websites. None of Cyberinformatix or any third party provider or distributor shall be responsible for the content of any other Websites and make no representation or warranty regarding any other Websites or the contents or materials on such Websites. If you decide to access other Websites, you do so at your own risk.
- GOVERNING LAW - This Agreement and its performance shall be governed by the laws of the state of Florida U.S.A where the Corporate Body Administrative Offices of Cyberinformatix(abbreviated to CBAOC for convenience in this document) is located. You consent and submit to the exclusive jurisdiction of the state Florida in all questions and controversies arising out of your use of this site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this site must be brought within two (2) years from the date on which such claim or action arose or accrued.
- ATTORNEY'S FEES - If Cyberinformatix or its affiliates take any action to enforce this User Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
- INJUNCTIVE RELIEF - You acknowledge that a violation or attempted violation of any of this User Agreement and these terms and conditions will cause such damage to Cyberinformatix as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Cyberinformatix shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by Cyberinformatix in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
- TERMINATION - Cyberinformatix may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not effect any right to relief to which Cyberinformatix and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Cyberinformatix and its third party providers or distributors, as applicable.
- ASSIGNMENT - You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- MODIFICATION - Cyberinformatix may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
- ADDITIONAL TERMS - Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
- SEVERABILITY - These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- HEADINGS - The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
- ENTIRE AGREEMENT - This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between Cyberinformatix relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
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