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Terms
of Use
Welcome to the Athyron
Web site (the "Site"). By using the Site, you agree to
follow and be bound by the following terms and conditions
concerning your use of the Site ("Terms of Use"). We
may revise the Terms of Use at any time without notice to you.
Areas of the Site may
have different terms of use posted. If there is a conflict
between the Terms of Use and terms of use posted for a specific
area of the Site, the latter shall have precedence with respect
to your use of that area of the Site.
1.
Use of Web Site Information
You may download, view, copy and print documents and graphics
incorporated in these documents (the "Documents") from
the Site subject to the following: (a) the Documents may be used
solely for personal, informational, non-commercial purposes; and
(b) the Documents may not be modified or altered in any way.
Except where your use constitutes "fair use" under
copyright law, you may not otherwise use, download, upload,
copy, print, display, perform, reproduce, publish, license,
post, transmit or distribute any information from this Web site
in whole or in part without the express written authorization of
Athyron.
2.
Use of Software
Any use of software and accompanying documentation you download
from the Site is subject to the terms of a software license
agreement between you and Athyron. You must read the license
agreement and indicate your agreement to its terms prior to
installing or using the software. All rights, title and interest
not expressly granted are reserved. All responsibilities of
Athyron are limited to and bound to the terms of the software
licensing agreement specifically between the parties thereto
excluding any third parties, for any reason, including tort
and/or fraud.
3.
Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin
board, news group, letter to Athyron, its webmaster or
employees, or e-mail function offered as part of the Site. You
agree not to upload, email, post, publish or otherwise transmit
through a Forum any content that: (a) is false or misleading;
(b) is defamatory; (c) is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or harm against any
group or individual; (d) is obscene; (e) infringes another's
rights, including but not limited to intellectual property
rights; (f) constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or (g) violates
any applicable laws or regulations.
Forums shall be used in
a noncommercial manner only. You shall not distribute or
otherwise publish any content containing a solicitation of
funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit
other users of the Site to use or join or become members of any
commercial online or offline service or other organization.
Except where expressly authorized by Athyron, you agree not to
collect or store personal data about other users.
By uploading, emailing,
posting, publishing or otherwise transmitting content to any
Forum or submitting any content to Athyron, you automatically
grant (or warrant that the owner of such rights has expressly
granted) Athyron a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content on in any form,
medium, or technology now known or later developed. In addition,
you warrant that all so-called moral rights in the content have
been waived.
4.
Passwords and Security
You are responsible for maintaining the confidentiality of any
password(s) you are given to access the Site, and are fully
responsible for all activities that occur under your password(s).
You agree to notify Athyron immediately of any unauthorized use
of your password(s).
Athyron is concerned
about the security of personal information we have collected
from you and has taken reasonable steps to prevent unauthorized
access to that information.
5.
Termination of Use
You agree that Athyron may, in its sole discretion, at any time
terminate your access to the Site and any account(s) you may
have in connection with the Site. Access to the Site may be
monitored by Athyron.
6.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content,
products and services from third parties, including users,
advertisers, affiliates and sponsors of the Site. You agree that
Athyron is not responsible for the availability of, and content
provided on, third party Web sites. You should refer to the
policies posted by other Web sites regarding privacy and other
topics before you use them. You agree that Athyron is not
responsible for third party content accessible through the Site,
including opinions, advice, statements and advertisements, and
understand that you bear all risks associated with the use of
such content. If you choose to purchase any products or services
from a third party, your relationship is directly with the third
party. You agree that Athyron is not responsible for: (a) the
quality of third party products or services; and (b) fulfilling
any of the terms of your agreement with the seller, including
delivery of products or services and warranty obligations
related to purchased products or services. You agree that
Athyron is not responsible for any loss or damage of any sort
you may incur from dealing with any third party.
7.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL
CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS.
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ATHYRON 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. ATHYRON MAKES NO WARRANTY THAT: (A) THE
SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE
ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY
SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE
WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK.
ATHYRON SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
ATHYRON RESERVES THE
RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT
NOTICE.
8.
Limitation of Liability
IN NO EVENT SHALL ATHYRON BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR
LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY
THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING
FROM YOUR ACCESS TO, OR USE OF, THE SITE.
SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9.
Indemnity
You agree to defend, indemnify and hold harmless Athyron, its
officers, directors, employees and agents from and against any
and all claims, liabilities, damages, losses or expenses,
including reasonable attorneys' fees and costs, arising out of
or in any way connected with your access to or use of the Site.
10.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the
content, software, products or services provided on the Site in
violation of U.S. export laws or regulations, or in violation of
any other applicable laws or regulations. You agree to comply
with all export laws and restrictions and regulations of any
United States or foreign agency or authority, and not to
directly or indirectly provide or otherwise make available the
services and products of Athyron in violation of any such
restrictions, laws or regulations, or without all necessary
approvals, including, without limitation, for the development,
design, manufacture or production of nuclear, chemical or
biological weapons of mass destruction. As applicable, you shall
obtain and bear all expenses relating to any necessary licenses
and/or exemptions with respect to your own use of the services
of Athyron outside the U.S. Neither the services of Athyron nor
the underlying information or technology may be downloaded or
otherwise provided or made available, either directly or
indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria or any other country subject to U.S. trade
sanctions, to individuals or entities controlled by such
countries, or to nationals or residents of such countries other
than nationals who are lawfully admitted permanent residents of
countries not subject to such sanctions; or (ii) to anyone on
the U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department's
Table of Denial Orders. By agreeing to these Terms and
Conditions of Use, you agree to the foregoing and represents and
warrants that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
11.
Applicable Laws
All matters relating to your access to, and use of, the Site
shall be governed by U.S. federal law or the laws of the State
of Florida. Any legal action or proceeding relating to your
access to, or use of, the Site shall be instituted in a state or
federal court in Miami or Dade County, Florida. You and Athyron
agree to submit to the jurisdiction of, and agree that venue is
proper in, these courts in any such legal action or proceeding.
12.
Copyright/Trademark Information
Copyright © 2002, Athyron Corporation. All rights reserved.
Athyron, Aprego,
Adventa, Adventae are registered trademarks of Athyron
Corporation. Other names appearing on the Site may be trademarks
of their respective owners.
If you have any
questions regarding these Terms of Use, please contact Athyron
at webmaster@athyron.com.
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