SYMVIONICS, Inc. - Web Site Terms Of Use

SYMVIONICS WEB SITE TERMS OF USE

Our Corporate postal address is:
488 E. Santa Clara Street, Ste. 201
Arcadia, California, 91006

This web site is maintained at:
190 Sierra Court
Palmdale, California 93550

We can be reached via e-mail at webmaster@symvionics.com
or you can reach us by telephone at 661 273-7003

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THE SYMVIONICS WEB SITE. YOUR VIEWING OR USE OF THIS SITE WILL CONSTITUTE YOUR AGREEMENT, ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (HEREINAFTER COLLECTIVELY "YOU" OR "YOUR"), TO ALL OF THE TERMS AND CONDITIONS PROVIDED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY CEASE ALL ACTIONS PERTAINING TO THIS SITE. SYMVIONICS MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO SUCH TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE AND YOUR SUBSEQUENT VIEWING OR USE OF THE SYMVIONICS WEB SITE WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE SYMVIONICS WEB SITE GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE SYMVIONICS WEB SITE.

Section 1. Use.

The SYMVIONICS WEB SITE is provided solely for the purpose of displaying information about SYMVIONICS, products and services, and to provide a means of contact for consumers and may not used for any other purpose. The use of automated dial-in or inquiry devices to obtain information through SYMVIONICS WEB SITE is strictly prohibited. Every effort is made to ensure the quality, integrity, and utility of the information on this site while ensuring privacy and security. Only authorized personnel may alter Web pages. Unauthorized use of this system may result in criminal, civil, and/or administrative penalties.

SYMVIONICS images, graphics, pictures and logos contained anywhere on the site is consider company proprietary and may not be used without written permission to the above address, or via e-mail to the above e-mail address. Use for linking, advertising, business or personal communication is prohibited without written consent from SYMVIONICS, Inc. SYMVIONICS logos may not be altered in any manner. Product logos are registered trademarks of SYMVIONICS, Inc. and must appear with the appropriate register marks and may not be altered in any manner. Copying of images for further distribution or commercial use is prohibited without the express written consent of SYMVIONICS, Inc., which also reserves the right to withdraw permission to reproduce copyright material. SYMVIONICS logos including the "trapping" of this site in a "framed" web page hosted on a third parties web site, may not be used in any way that implies a relationship with, affiliation with, sponsorship of, or endorsement by SYMVIONICS, or that can be reasonably interpreted to suggest editorial content has been authored by or represents the views or opinions of SYMVIONICS, Inc. or to promote any commercial product or service, or in any other way that violates applicable law.

Section 2. SYMVIONICS WEB SITE Registration.

SYMVIONICS does not utilize registration processes to access and view public sections of the SYMVIONICS.COM web site. In the future, SYMVIONICS may add other features which may be accessed through the SYMVIONICS WEB SITE and may require registration.

Section 3. Changes to SYMVIONICS WEB SITE.

SYMVIONICS WEB SITE, SYMVIONICS.COM and its content, including without limitation the information, graphics, products, features, functionality, services, and links (collectively the "Content") may be changed, deleted or updated without notice.

Section 4. Term.

SYMVIONICS may discontinue, suspend or modify SYMVIONICS WEB SITE at any time without notice, and SYMVIONICS may block, terminate or suspend Your and any user's access to SYMVIONICS WEB SITE at any time for any reason in its sole discretion, even if access continues to be allowed to others.

Section 5. Ownership.

SYMVIONICS WEB SITE, SYMVIONICS.com and its Content are protected by United States and international copyright, trademark and other laws. © 2001-2003 SYMVIONICS. All rights reserved. Specifically, SYMVIONICS does not convey to anyone, through allowing access to SYMVIONICS WEB SITE or SYMVIONICS.com, any ownership rights in SYMVIONICS Inc. or in any Content appearing on or made available through the SYMVIONICS WEB SITE or SYMVIONICS.com.

Section 6. Disclaimer of Warranty.

SYMVIONICS WEB SITE, SYMVIONICS.COM AND ITS CONTENT ARE PROVIDED "AS IS". SYMVIONICS AND ITS LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, REGARDING ANY SUCH CONTENT AND YOUR ABILIITY OR INABILITY TO USE SYMVIONICS WEB SITE, SYMVIONICS.COM AND ITS CONTENT.

Accuracy, Completeness and Timeliness of Information on the Site:

SYMVIONICS is not responsible if information that we make available on this site is not accurate, complete or current. The materials on this site are provided for general information only, and any reliance upon the material found on this site will be at your own risk. We reserve the right to modify the contents of the site at any time, but we have no obligation to update any information on this site. You agree that it is your responsibility tot monitor changes to the site.

Section 7. Limitation of Liability.

USE OF SYMVIONICS WEB SITE AND SYMVIONICS.COM AND ITS CONTENT IS AT YOUR SOLE RISK. SYMVIONICS, INC. WILL IN NO EVENT BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE SYMVIONICS WEB SITE, SYMVIONICS.COM AND ITS CONTENT INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED SYMVIONICS OF THE POSSIBILITY OF SUCH DAMAGES.

Section 8. Indemnity.

You hereby release, and agree to indemnify and hold harmless SYMVIONICS Inc. and its subsidiary corporations and their respective officers, directors, employees and agents from any and all claims, demands, causes of actions, liabilities, damages, costs and expenses, including reasonable attorneys' fees, arising out of Your use or accessing, viewing and the using of SYMVIONICS WEB SITE, SYMVIONICS.COM and its Content.

Your Liability

If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all civil and or criminal penalties, including but not limited to attorneys fees, actual and consequential damages arising from the disruption of the sites, all efforts taken to correct and restore the site, and to defend the rights of SYMVIONICS, Inc.

Section 9. Links to other web sites.

This site may contain links to other sites, which are provided as a convenience to you and as an additional resource to the information contained therein. Neither these sites nor the companies to whom they belong are controlled by SYMVIONICS, Inc. SYMVIONICS, Inc. makes no representations concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites. SYMVIONICS has not tested and makes no representations regarding the correctness, performance or quality of any software found at any such sites. You should research and assess the risks which may be involved in accessing and using any software on the Internet before using it.

Section 10. Privacy Policy.

For site management, information may be collected for statistical purposes. Software programs may be used to create summary statistics, which are used for such purposes as assessing what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. Software may also be used to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage.

Access the SYMVIONICS Privacy Policy governing the use of information acquired from You through SYMVIONICS WEB SITE.

Section 11. Export.

You assume all responsibility for compliance with all laws and regulations of the United States and any other country from which You may access SYMVIONICS WEB SITE regarding access, use, export, re export and import of any Content appearing on or available through SYMVIONICS WEB SITE. You acknowledge and agree that you will not export or import any Content to any country to which export or import is restricted under United States law, that You are not a national of any such country, and that the Content will not be used in the design, development or production of nuclear, chemical or biological weapons.

Section 12. Controlling Law and Severability.

This Agreement and Your use of the SYMVIONICS WEB SITE AND SYMVIONICS.com is governed by and construed in accordance with the laws of the United States. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to SYMVIONICS WEB SITE OR SYMVIONICS.com or this Agreement must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Los Angeles County, California. This Agreement may not be changed or modified without the written consent of SYMVIONICS, Inc.