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- The Enbreve.com website (hereafter referred to as
Enbreve.com) is owned and operated by Perii Systems, Inc.
(referred to as "Perii Systems" or "PERII"). Enbreve.com or PERII
have the right at any time to change or discontinue any aspect or feature
of the site, including, without limitation, the content, hours of
availability, and equipment needed for access or use of the site.
- Acknowledgements.
- You acknowledge you shall be responsible for
obtaining and maintaining all telephone, computer hardware and other
equipment needed for access to and use of the site and all charges
related thereto.
- The website may contain links to other sites
operated by third parties ("Linked Sites"). You acknowledge
Enbreve.com, PERII and their sponsors neither endorse nor are
affiliated with the Linked Sites. You also acknowledge the respective
owners of the Linked Sites neither endorse nor are affiliated with
Enbreve.com, PERII or their sponsors.
- Restrictions on Use.
- You shall use the site for lawful purposes only. You
shall not post or transmit through the site any material that violates
or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable, which
encourages conduct that would constitute a criminal offense, gives rise
to civil liability or otherwise violate any law. Without
Enbreve.com's or PERII's express prior approval, you shall not post or
transmit through the site any material that contains advertising or any
solicitation with respect to products or services. You shall not use the
site to advertise or perform any commercial solicitation, including,
without limitation, the solicitation of users to become subscribers of
other online information services competitive with the site. Any conduct
by you that in Enbreve.com's or PERII's discretion restricts or
inhibits any other user from using or enjoying the site will not be
permitted.
- The site contains copyrighted material, trademarks
and other proprietary information, including, without limitation, text,
software, photos, video, graphics, music and sound, and the contents of
the site are copyrighted under United States copyright laws. You may not
modify, publish, transmit, display, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the content, in
whole or in part. You may download one copy of any copyrighted material
for your personal, noncommercial home use only. Except as otherwise
expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded
material will be permitted without the express written permission of
Enbreve.com or PERII and the copyright owner. In the event of any
permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. You acknowledge you do not
acquire any ownership rights by downloading copyrighted material.
- You shall not upload, post or otherwise make
available on the site any material protected by copyright, trademark or
other proprietary right without the express permission of the owner of
the copyright, trademark or other proprietary right and the burden of
determining that any material is not protected by copyright rests with
you. You shall be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission. By submitting material to any public
area of the site, you automatically grant, or warrant that the owner of
such material expressly has granted Enbreve.com or PERII the
royalty-free, worldwide, perpetual, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, display, translate
and distribute such material (in whole or in part) and/or to incorporate
it in other works in any form, media or technology now known or
hereafter developed. You also permit any other user of the site to
access, view, store or reproduce the material for that user's personal
use. You grant Enbreve.com or PERII the right to edit, copy, display,
publish and distribute any material made available on the site by you.
- The foregoing provisions of Section 3 are for the
benefit of Enbreve.com or PERII, its subsidiaries, affiliates and its
third-party content providers and licensors and each shall have the
right to assert and enforce such provisions directly or on its own
behalf.
- Disclaimer of Warranty; Limitation of Liability.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR
SOLE RISK. NEITHER Enbreve.com, PERII, THEIR AFFILIATES NOR ANY OF
THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR
LICENSORS WARRANT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE
OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION,
SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
- THE SITE IS PROVIDED ON AN "AS-IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES THAT
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION
UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE
RESULTS OBTAINED FROM THE USE OF THE SITE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR
DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS
SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING
STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU
SPECIFICALLY ACKNOWLEDGE PERII IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE
OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL Enbreve.com, PERII, OR ANY PERSON
OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR
THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING
FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING
STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR
SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR
REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Enbreve.com'S OR
PERII'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER
ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT
PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
- Enbreve.com or PERII shall have the right, but not
the obligation, to monitor the content of the site (including chat rooms
and forums), to determine compliance with these conditions of use and any
operating rules established by Enbreve.com or PERII and to satisfy any
law, regulation or authorized government request. Enbreve.com or PERII
shall have the right in its sole discretion to edit, refuse to post or
remove any material submitted to or posted on the site. Without limiting
the foregoing, Enbreve.com or PERII shall have the right to remove any
material that Enbreve.com or PERII, in its sole discretion, finds to be
in violation of the provisions hereof or otherwise objectionable.
- You agree to defend, indemnify and hold harmless
Enbreve.com or PERII and its affiliates and their respective directors,
officers, employees and agents from and against any and all claims,
actions, demands, damages, costs, liabilities, losses and expenses
(including reasonable attorneys' fees) arising out of your use of the
site.
- Trademarks: Enbreve.com, PERII and Perii Systems, Inc.
and each of their logos are trademarks of Perii Systems, Inc. All rights
reserved. All other trademarks appearing on
the site are the property of their respective owners.
- Third-Party Content: Enbreve.com distributes its
own content and/or that which is supplied by PERII or its affiliates, as
well as content supplied by third parties and users of the site.
Enbreve.com and/or PERII have no more editorial control over content
supplied by third parties or users than a public library, bookstore, or
newsstand. Any opinions, advice, statements, services, offers, or other
information or content expressed or made available by third parties,
including information providers and users, are those of the respective
author(s) or distributor(s) and not of Enbreve.com or PERII. In many
instances, the content available through the site represents the opinions
and judgments of the respective information provider or user.
Enbreve.com and PERII neither endorse nor are responsible for the
accuracy or reliability of any opinion, advice or statement made on the
site by anyone other than authorized Enbreve.com or PERII employee
spokespersons while acting in their official capacities.
- Conduct: While using the website, you agree not
to:
- Restrict or inhibit any other member from using and
enjoying the site;
- Post or transmit any unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable or harmful information of any kind;
- Without Enbreve.com's or PERII's prior written
approval, post or transmit any advertising, promotion or solicitation of
goods or services for commercial purposes;
- Post or transmit any information or software that
contains a virus, worm, time bomb, Trojan horse, or other harmful or
disruptive component;
- Post or transmit materials in violation of another
party's copyright or intellectual property rights;
- Use the site for any commercial or unlawful
purposes;
- Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile or disassemble any portion of the site;
- Transmit chain letters, junk or bulk email or spam
(commercial or otherwise); or
- Harvest or collect information about other site
members without their consent.
- Viruses: Enbreve.com and PERII also assume 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 the website or your downloading of
any materials, data, text, images, video, or audio from the site.
- Software and other materials from this website also
may be subject to United States Export Control. U.S. export control laws
prohibit the export of certain technical data and software to certain
territories. No software from this website may be downloaded or exported
(1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other country to which the United States has embargoed
goods; or (2) anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. Enbreve.com and/or PERII do not authorize the downloading or
exportation of any software or technical data from this site to any
jurisdiction prohibited by U.S. export laws.
- Business Associates: The business associates of PERII
identified on this website are independent contractors of Enbreve.com
and/or PERII. The business associates are not joint ventures or partners of
Enbreve.com or PERII. No employee or representative of the business
associates is under control of Enbreve.com or PERII.
- Changed Conditions: Enbreve.com and PERII have the
right at any time to change or modify the terms and conditions applicable
to use of the site, or any part thereof, or to impose new conditions,
including, without limitation, adding fees and charges for use. Such
changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by any means
including, without limitation, posting on the site, or by electronic or
conventional mail, or by any other means. Any use of the site by you after
such notice shall be deemed to constitute acceptance of such changes,
modifications, additions or deletions.
- Other: These terms of use constitute the entire
agreement of the parties with respect to the subject matter hereof and
supersede all previous written or oral agreements between the parties with
respect to such subject matter. These terms of use shall be construed in
accordance with the laws of the State of New Jersey, without
regard to its conflict of laws rules. You hereby consent to the personal
jurisdiction of the State of New Jersey, acknowledge that venue is
proper in any U.S. state or federal court in the State of New Jersey,
agree any action related to these terms of use must be brought in a
U.S. state or federal court in the State of New Jersey, and waive
any objection that may exist, now or in the future, with respect to any of
the foregoing. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience
only and shall not be given any legal import.
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