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DisclaimerWelcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term "Biomag" or "us" or "we" or "our" refers to Biomagnetics Diagnostics Corporation, the owner of the Web site. The term "you" refers to the user or viewer of our Web Site.
- Securities Laws/Forward Looking Statements.
The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends," "will" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Information and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
- Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright.
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, trademarks and
other proprietary (including but not limited to intellectual property)
rights. The copying, redistribution, use or publication by you of any
such matters or any part of the Site, except as allowed by Section 4
below, is strictly prohibited. You do not acquire ownership rights to
any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the site is the copyrighted work of third parties.
- Service Marks.
"biomagneticsbmgp.com" and others are our service marks or
registered service marks or trademarks.Other product and company names
mentioned on the Site may be trademarks of their respective owners.
- Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information from
the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the Site or
its contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
- Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as "Content
and Materials") therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise
make available in any form or by any means all or any portion of the
Site or any Content and Materials retrieved therefrom; (b) use the Site
or any materials obtained from the Site to develop, of as a component
of, any information, storage and retrieval system, database,
information base, or similar resource (in any media now existing or
hereafter developed), that is offered for commercial distribution of
any kind, including through sale, license, lease, rental, subscription,
or any other commercial distribution mechanism; (c) create compilations
or derivative works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that may infringe
any copyright, intellectual property right, proprietary right, or
property right of us or any third parties; (e) remove, change or
obscure any copyright notice or other proprietary notice or terms of
use contained in the Site; (f) make any portion of the Site available
through any timesharing system, service bureau, the Internet or any
other technology now existing or developed in the future; (g) remove,
decompile, disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose of
gathering information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and (3)
unsolicited telephone calls or facsimile transmissions; (j) use the
Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the United States.
- Forms, Agreements & Documents
We may make available through the Site or through other Web
sites sample and actual forms, checklists, business documents and legal
documents (collectively, "Documents"). All Documents are provided on a
non-exclusive license basis only for your personal one-time use for
non-commercial purposes, without any right to re-license, sublicense,
distribute, assign or transfer such license. Documents are provided for
a charge and without any representations or warranties, express or
implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE
PROVIDED "AS IS", "AS AVAILABLE", AND WITH "ALL FAULTS", AND WE AND ANY
PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. The Documents may be inappropriate for your
particular circumstances. Furthermore, state laws may require different
or additional provisions to ensure the desired result. You should
consult with legal counsel to determine the appropriate legal or
business documents necessary for your particular transactions, as the
Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from
public records.
- No Warranty of Linked Information.
We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information linked to the
Site. Your use of information of materials linked to the Site is
entirely at your own risk.
- Linking to the Site.
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not
engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
- Advertisers.
The Site may contain advertising and sponsorships.
Advertisers and sponsors are responsible for ensuring that material
submitted for inclusion on the Site is accurate and complies with
applicable laws. We are not responsible for the illegality or any
error, inaccuracy or problem in the advertiser's or sponsor's
materials.
- Registration.
Certain sections of, or offerings from, the Site may
require you to register. If registration is requested, you agree to
provide us with accurate, complete registration information. Your
registration must be done using your real name and accurate
information. Each registration is for your personal use only and not on
behalf of any other person or entity. We do not permit (a) any other
person using the registered sections under your name; or (b) access
through a single name being made available to multiple users on a
network. You are responsible for preventing such unauthorized use.
- Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or that
defects will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve the right
in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
- Third Party Content.
Third party content may appear on the Site or may be
accessible via links from the Site. We are not responsible for and
assume no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in the
statements, opinions, representations or any other form of content on
the Site. You understand that the information and opinions in the third
party content represent solely the thoughts of the author and is
neither endorsed by nor does it necessarily reflect our belief.
- Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
- Indemnification.
You agree to indemnify, defend and hold us and our agents,
officers, directors, employees, subcontractors, successors, assigns,
third party suppliers of information and documents, attorneys,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
- Nontransferable.
Your right to use the Site is not transferable or
assignable. Any password or right given to you to obtain information or
documents is not transferable or assignable.
- Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY
CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED
PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT
BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE
SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY
STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
- Limitation of Liability
We and any Affiliated Party shall not be
liable for any loss, injury, claim, liability, or damage of any kind
resulting in any way from (a) any errors in or omissions from the Site
or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
THE
AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT
EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
- Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy. All
remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as
confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights to
the Submission of every kind and nature everywhere. We will be entitled
to use the Submission for any commercial or other purpose whatsoever,
without compensation to you or any other person sending the Submission.
You acknowledge that you are responsible for whatever material you
submit, and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality, and
copyright.
- Third-Party Services.
We may allow access to or advertise certain third-party
product or service providers ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY
KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. |
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