1. Acceptance of Terms
The following are terms of a legal agreement between Cypher Logic Inc and you (the Terms) regarding the use of Cypher Logic Inc's web site (the Site). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, do not use this Web site.
This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. Cypher Logic Inc may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
Cypher Logic Inc may update these Terms from time to time. Each time you use the Web site you will be operating under the Terms as they exist as of the time of use. Please check these terms prior to each use of our Web site .
The Terms are entered into by and between Cypher Logic Inc and you. If you currently have in effect a separate written purchase or license agreement with Cypher Logic Inc for a service, that agreement shall govern the use of that service to the extent in conflicts with these Terms.
2. Disclaimer Although Cypher Logic Inc has attempted to provide accurate information on the Web Site, Cypher Logic Inc assumes no responsibility for the accuracy of the information. Cypher Logic Inc may change the programs or products mentioned at any time without notice. Mention of non- Cypher Logic Inc products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT AN EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL Cypher Logic Inc OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF Cypher Logic Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE WEBSITE.
Company will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company's equipment, transmitted over networks accessed by the Site, or otherwise connected with Subscriber's use of the Services.
3. Intellectual Property Rights All content, including text, data, sound recordings, sound, photographs, graphics, video, or other materials ("Material") provided on this Web site is provided by or to Cypher Logic Inc by its respective manufacturers, authors, developers and vendors (the "Third Party Providers") and is the copyrighted work of Cypher Logic Inc and/or the Third Party Providers.
Except as expressly authorized by Cypher Logic Inc or the Third Party Provider, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise. No part of the Web site, including logos, graphics, sounds or images, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Cypher Logic Inc. You also may not, without Cypher Logic Inc's prior express written permission, copy any Materials contained on this Web site on any other server, or use any Cypher Logic Inc Marks for any purpose.
"Cypher Logic Inc Marks" refers to any names, marks, brands, logos, designs, slogans, trademarks, services marks and other designations Cypher Logic Inc uses in connection with its products or services. Individuals who believe that their intellectual property rights have been infringed on the Web site, may contact Cypher Logic Inc and request that the infringing material be removed or access to it blocked. Cypher Logic Inc will investigate those complaints. Where Cypher Logic Inc is satisfied that the infringement is taking place, it will take appropriate action. If you believe your intellectual property rights are being infringed, please direct your claims to: Cypher Logic Inc, Attn: Managing Director, PO Box 21, South Holland, IL 60473.
4. Trademarks The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of Cypher Logic Inc or other third parties. Users are not permitted to use these Marks without the prior written consent of Cypher Logic Inc or such third party that may own the Mark.
Cypher Logic is a registered service mark of Cypher Logic, Inc.
Cypher Logic LLC is a registered service mark of Cypher Logic, Inc.
5. Links to Third Party Sites This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and Cypher Logic Inc is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Cypher Logic Inc provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.
Use of the Web site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or "spam" on the Site, or any processes that run or are activated while the Subscriber is not logged in.
Warranty Disclaimer YOU AGREE THAT YOUR USE OF THE Cypher Logic Inc WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Cypher Logic Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. Cypher Logic Inc MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Cypher Logic Inc WEBSITE. Cypher Logic Inc DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Cypher Logic Inc WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND Cypher Logic Inc WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability IN NO EVENT SHALL Cypher Logic Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Cypher Logic Inc WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Cypher Logic Inc SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Cypher Logic Inc'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Cypher Logic Inc FOR PARTICIPATION IN THE WEB SITE, BUT IN NO CASE WILL Cypher Logic Inc'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO Cypher Logic Inc FOR PARTICIPATION IN THE WEB SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM Cypher Logic Inc, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. The Website is controlled and offered by Cypher Logic Inc from its facilities in the United States of America. Cypher Logic Inc makes no representations that the Cypher Logic Inc Website is appropriate or available for use in other locations. Those who access or use the Cypher Logic Inc Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Ability to Accept Terms of Service You affirm that you have full power and authority to enter into and perform this Agreement, and that you have been properly authorized and empowered to enter into this Agreement on behalf of the entity on whose behalf you are working and any of its Affiliates.