Visitor
Agreement and General Terms of Use
This site is owned and managed by Cyberworks, Inc. (“Cyberworks”)
Cyberworks provides this Website and related services for your personal
non-commercial use only and subject to your compliance with this
Terms of Use Agreement (the “Agreement”). Please read
this Agreement carefully before using this Cyberworks Website. Your
use of this Cyberworks Website constitutes your acceptance to be
bound by this Agreement without limitation, qualification or change.
If at any time you do not accept all the terms and conditions of
this Agreement, you must immediately discontinue use of this Cyberworks
Website. This Agreement sets forth Cyberworks’s policies with
respect to its operation of the Cyberworks Website. Other policies
govern Cyberworks’ non-Internet operations.
YOU MAY NOT USE ANY CYBERWORKS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL
OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL
TERMS. YOUR ACCESS TO THE CYBERWORKS WEBSITE MAY BE TERMINATED IMMEDIATELY
IN CYBERWORKS' SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL
TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL
TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement
Cyberworks reserves the right, in its sole discretion, to modify, alter, or
otherwise change this Agreement and/or the Additional Terms at any time.
Cyberworks will provide notice of such change on this Cyberworks Website.
Please review this Agreement and/or Additional Terms periodically for changes.
Your continued use of the Cyberworks Website constitutes your acceptance
and agreement to be bound by these changes without limitation, qualification
or change. If at any time you do not accept these changes, you must immediately
discontinue use of this Cyberworks Website.
Privacy and Protection of Personal Information
Cyberworks has developed a Privacy Policy/Statement in
order to inform you of its practices with respect to the collection, use, and
disclosure of personal information. You can find this Statment by clicking
the link above.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH
THIS CYBERWORKS WEBSITE IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING PRODUCTS,
SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE
THROUGH THIS CYBERWORKS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS
AVAILABLE” BASIS. CYBERWORKS MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE
OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CYBERWORKS DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD
PARTIES. CYBERWORKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS
CYBERWORKS WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF
VIRUSES AND/OR OTHER HARMFUL COMPONENTS. CYBERWORKS DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN
THIS CYBERWORKS WEBSITE FOR ANY PURPOSE, INCLUDING PRODUCTS, SERVICES, INFORMATION,
TEXT AND RELATED GRAPHICS CONTENT.
CYBERWORKS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED
OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, OR ANY COMPUTER
VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
Links
This Cyberworks Website may contain links to websites operated by third parties.
Cyberworks does not monitor or control the linked sites and makes no representations
regarding, and is not liable or responsible for the accuracy, completeness,
timeliness, reliability or availability of, any of the content uploaded, displayed,
or distributed, or products, or services available at these sites. If you choose
to access any third party site, you do so at your own risk. The presence of
a link to a third-party site does not constitute or imply Cyberworks’s
endorsement, sponsorship, or recommendation of the third party or of the content,
products, or services contained on, or available through, the site.
Third-Party Merchants
This Cyberworks Website may enable you to order and receive products, information
and services from businesses that are not owned or operated by Cyberworks.
The purchase, payment, warranty, guarantee, delivery, maintenance, and all
other matters concerning the merchandise, services or information, opinion
or advice ordered or received from such businesses are solely between you and
such businesses. Cyberworks does not endorse, warrant, or guarantee such products,
information, or services, and is not liable for the accuracy, completeness,
or usefulness of such information or the quality of availability of such products
or services. Cyberworks will not be a party to or in any way responsible for
monitoring any transaction between you and third-party providers of such products,
services, or information, or for ensuring the confidentiality of your credit
card information. Any separate charges or obligations you incur in your dealings
with these third parties are your responsibility.
Limitations on Liability
In no event shall Cyberworks, its subsidiaries, affiliates, distributors, suppliers,
licensors, agents or others involved in creating, sponsoring, promoting, or
otherwise making available the Cyberworks Website and its contents, be liable
to any person or entity whatsoever for any direct, indirect, incidental, special,
compensatory, consequential, or punitive damages or any damages whatsoever,
including but not limited to: (i) loss of goodwill, profits, business interruption,
data or other intangible losses; (ii) your inability to use, unauthorized use
of, performance or non-performance of the Cyberworks Website; (iii) unauthorized
access to or tampering with your personal information or transmissions; (iv)
the provision or failure to provide any service; (v) errors or inaccuracies
contained on the Cyberworks Website or any information, products, services,
and related graphics obtained through the Cyberworks Website; (vi) any transactions
entered into through this Cyberworks Website; (vii) any property damage including
damage to your computer or computer system caused by viruses or other harmful
components, during or on account of access to or use of this Cyberworks Website
or any site to which it provides hyperlinks; or (viii) damages otherwise arising
out of the use of the Cyberworks Website and Cyberworks Internet Services.
The limitations of liability shall apply regardless of the form of action,
whether based on contract, tort, negligence, strict liability or otherwise,
even if Cyberworks has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Cyberworks, its subsidiaries,
agents, distributors and affiliates, and their officers, directors and employees
from and against any and all claims, actions, demands, liabilities, costs and
expenses, including, without limitation, reasonable attorneys’ fees,
resulting from your breach of any provision of this Agreement, the Additional
Terms, or any warranty you provide herein, or otherwise arising in any way
out of your use of this Cyberworks Website. Cyberworks reserves the right to
take exclusive control and defense of any such claim otherwise subject to indemnification
by you, in which event you will cooperate fully with Cyberworks in asserting
any available defenses.
