Terms and Conditions

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Website Terms of Use

Last updated: February 28, 2017

Acceptance of the Terms and Conditions

This Terms of Use Agreement, along with all other agreements, disclaimers and disclosures displayed on Site (collectively, the “Agreement”) states the terms and conditions under which you may use the website located at www.cyphyworks.com, all CyPhy Works operated microsites accessible therein, and all Content available therein (the “Site”). Please read this Agreement carefully. This Site is provided by CyPhy Works, Inc. and contains various information in the form of data, text, reports, templates, agreements and other materials relating to and/or provided by CyPhy Works, Inc. and its affiliated entities (“CyPhy Works” or “we”) and its third party content providers, (collectively, the “Content”).

By accessing, browsing and/or using this Site and its Content, you acknowledge that you have read, understood and agree to be legally bound by this Agreement. We reserve the right to amend this Agreement at any time and from time to time. You should check this Agreement, available through a link on all of the Site’s pages, each time you use the Site to determine if any changes have been made. If you use the Site after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.

Content

All Content is for informational purposes only and may not reflect the most current legal developments. Any opinions expressed through the Content of this Site are the opinions of the particular author and may not reflect the opinions of CyPhy Works or any individual employee.

Use of Cookies

This website uses cookies. A cookie is a text file which is stored on your computer or other device when you visit this Site. This allows us to distinguish you from other users of this Site, and helps us to provide you with a good experience when you browse the Site and to improve the Site and services. No cookie on this Site collects personal information. This Site uses two types of cookies: persistent and session-based. Persistent cookies remain on your computer or other device after you have finished browsing the Site so that we can remember your preferences when you visit the Site in future. Session cookies are stored temporarily on your computer or other device while you browse this Site and are deleted from your computer or other device when you finish browsing. In addition to using cookies to remember your preferences, we use cookies to compile anonymous, aggregated statistics that allow us to understand how you and other users use this Site, and to improve the functionality and performance of the Site. Some cookies are set by us (first party cookies); some cookies are set by another party’s website (third party cookies). However, we do not allow the third party to use the cookies for any purpose other than those listed above. The cookies on this Site are enabled by default. If you wish to restrict, block or delete cookies which are set by this Site, you can do this by modifying your browser settings. If you set your browser preferences to block all cookies, you may not be able to access all or parts of the Site. If you delete cookies relating to this Site, including your cookie preferences, you will be treated as a first-time visitor the next time you visit the Site.

For more information about cookies including how to set your internet browser to restrict, block or delete cookies please go to www.whatarecookies.com.

 

Intellectual Property Rights

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content is and shall remain the property of CyPhy or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. However, you may print a reasonable number of copies of the Content for your personal use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices.

Trademarks

 

are trademarks and service marks of CyPhy Works, Inc. (collectively the “CyPhy Trademarks”). Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CyPhy. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CyPhy Trademarks displayed on this Site, without our prior written permission in each instance. All goodwill generated from the use of CyPhy Trademarks will inure to the benefit of CyPhy Works, Inc.

 

Communications with CyPhy

Please be advised that we cannot guarantee the confidentiality of any communication or material transmitted to us via the Site or via electronic mail. Accordingly, we suggest that you use caution when transmitting any information to us via the Internet. CyPhy expressly disclaims any liability for damages resulting from third party interception of your communications with us via the Internet. If you choose to send us any information via the Site or via e-mail, you do so solely at your own risk.

Copyright Complaints

If you believe this Site contains Content that infringes your copyright, please provide the information listed below to our designated agent for claims of copyright infringement:

Our designated agent may be contacted as follows:

David Loh

16C Electronics Avenue

Danvers, MA 01923
Phone +1 617 818 8543

E-mail david.loh@cyphyworks.com

 

Links to Other Websites

This Site may periodically provide links to third-party websites (“Third-Party Sites”). This Agreement governs only this Site and not any Third-Party Sites. Our decision to link to a Third-Party Site is not an endorsement of the content or services in that linked Third-Party Site. CyPhy Works does not control these Third-Party Sites and expressly disclaims any responsibility for the content, the accuracy of the information and any products or services available on the Third-Party Sites. If you decide to access linked Third-Party Sites, you do so at your own risk. You should direct any concerns regarding any Third-Party Sites to the administrator of the applicable Third-Party Site. You should also refer to the separate terms of use, privacy policies and other rules posted on Third-Party Sites before you use them.

Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NONE OF CYPHY WORKS, INC., ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CYPHY WORKS PARTIES”) GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITE. NONE OF THE CYPHY WORKS PARTIES WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY SPECIFIC INFORMATION THAT IS REQUESTED WILL BE PROVIDED OR THAT THIS SITE OR ITS SERVER ARE OR WILL BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS SITE AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE CYPHY WORKS PARTIES MAKES ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS SITE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL ANY OF THE CYPHY WORKS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS SITE. IN NO EVENT SHALL ANY OF THE CYPHY WORKS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE CYPHY WORKS PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THIS SITE.

Indemnification

You agree to make CyPhy Works, Inc., its affiliates and its or their shareholders, partners, members, directors, officers, co-branders, subsidiaries, parents, employees and agents, whole for any and all claims, losses, liabilities, and expenses (including lawyers’ fees) arising from your use of the Site or any violation of this Agreement.

Dispute Resolution

If any dispute arises out of or in connection with this Agreement or your use of any Content or this Site or your access to or links to this Site, you and CyPhy Works will attempt to resolve that dispute confidentially, initially through Alternative Dispute Resolution (“ADR”).

Should we be unable to agree on a mutually acceptable use of ADR, all parties hereby agree that all such disputes will be subject to mandatory binding arbitration under the American Arbitration Association Rules by one AAA arbitrator selected in accordance with AAA selection procedures. Any such arbitration shall be held in Boston, Massachusetts. All parties hereby agree to waive rights to a trial by a jury or a judge. Judgment on the award of the arbitrator may be entered in any court.

Some jurisdictions may provide additional rights to consumers.

Miscellaneous

In the event that any portion of this Agreement is held to be invalid or unenforceable, the such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. The sections of this Agreement entitled Intellectual Property Rights, Disclaimer, Limitation of Liability, Indemnification, Miscellaneous shall survive the termination of this Agreement. CyPhy Works reserves the right to change, suspend, or discontinue all or any part of this Site or the Content at any time without prior notice or liability. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of this Agreement. You expressly absolve and release the CyPhy Works Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, except with regard to its conflicts or choice of law rules. You shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the United States. You are prohibited from any use of the Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. All rights not expressly granted herein are reserved by CyPhy Works. This Agreement contains the entire agreement of the parties concerning your use of this Site and supersedes all existing agreements and all other oral, written or other communication between the parties concerning its subject matter.