AGREEMENT

By using this web site, you agree to be bound by these Terms of Use. These Terms of Use constitute a legally binding agreement between you and Synaptic Blue, LLC, the owner of, and the publisher of the contents on, this web site. If you do not agree to any of these Terms of Use, do not use this web site.  If you do not understand any of these Terms of Use, consult an attorney or other appropriate professional for advise before using this web site. We may modify our web site and these Terms of Use at any time. Your continued use of this web site means you agree to be bound by these Terms of Use as so modified. Please read these Terms of Use carefully each time before using our web site. The terms “We” and “Us” in these Terms of Use refer to Synaptic Blue, LLC. The term “you” refers to the user of our web site. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

INFORMATION ON THIS WEB SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY

Information on this web site is provided for informational purposes only and not as medical advice, or as a substitute for the advice provided by your physician or other healthcare professional, or for diagnosing or treating a health problem or disease. Information provided on this web site and the use of any products or services purchased from our web site by you does not create a doctor-patient relationship between you and any of the physicians affiliated with our web site.

COPYRIGHT, TRADEMARKS AND INTELLECTUAL PROPERTY

All rights are reserved in all materials on our site, including, but not limited to, all copyrights, trademarks, tradenames, service marks, logos, page headers, custom graphics and icons, content and organization of materials. You may not sell, or create derivative works from, or in any way exploit for commercial use any of the materials on our site, in whole or in part. You may not publish, transmit, or transfer any of the content published on our site, except to the extent express written permission is provided.

DISCLAIMERS

Your use of this web site and any site linked to our web site is expressly at your own risk. We expressly disclaim all representations and warranties, including, without limitation, all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement to the fullest extent permitted by law. No representations or warranties of any kind express or implied, are made with respect to our web site or its Content. This web site is provided for your use on an “as is,” “as available” basis.

LIMITATION OF LIABILITY

Neither we, nor our managers, officers, directors, employees, independent contractors, agents, affiliates, providers, merchants, sponsors, licensors, or affiliates shall be liable for any direct, indirect, incidental, special or consequential damages or loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this web site;  personal injury or death caused by your use or misuse of our web site;  the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our web site;  unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on our web site; or any other matter relating to our web site. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through our web site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify, defend, and hold harmless us, our managers, officers, directors, employees, independent contractors, agents, affiliates, providers, merchants, sponsors, licensors and affiliates from and against all claims, actions, demands, judgments, losses, and liabilities (including, without limitation, costs, expenses and attorneys’ fees) by you or any third-party resulting or arising, directly or indirectly, from your use of our web site, including its contents and your connection to our web site, your violation of these Terms of Use, or your violation of any rights of another person.

ENFORCEMENT OF THESE TERMS OF USE

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of these Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our web site or these Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred. Any claim relating to our web site, the services provided through our web site or the Content shall be governed by the internal laws of the state of Florida, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that (1) exclusive jurisdiction and venue reside in the state and federal courts located in Florida;  (2) our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from us through our web site;  and (3) if a claim is brought by or against us and we prevail, you will pay our attorney’s fees, court costs, and other fees and costs, in addition to any damages to which we are entitled.

These terms of service were last updated on June 4, 2006.

Posted: Monday, June 5th, 2006 at 12:21 pm
Categories: Smartkit All Posts.