Terms and Conditions

If you visit our Website, you agree to accept these terms and conditions. We ask that you please read them carefully. If you do not accept these terms and conditions, please leave this site now.

From time to time we may modify these terms and conditions by posting modified terms and conditions. If you visit our site after such modified terms and conditions are posted, you agree to accept the modified terms and conditions. If you do not accept the modified terms and conditions, please leave this site now. All references to “we,” “us,” “our,” and “the company” in these terms and conditions refer to Cymbet Corporation.

Copyright

We or our content providers own all of the content on our Website, including, without limitation, all software, services, products, resources, information, data, photographs, graphics, video and audio clips, text, images, typefaces, content and other materials on this site (the “site content”). The site content is copyright © 2007, Cymbet Corporation. All Rights Reserved, unless otherwise marked.

When using this Website, you may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, copy, upload, distribute, or in any way exploit any of the site content, in whole or in part, except as expressly provided below. You are permitted to download one copy of the Website content for your personal, non-commercial use. You cannot copy or post the site content on any network computer or broadcast it in any media. You also must maintain any notices contained in the Website content, such as all copyright notices, trademark legends, or other proprietary rights notices.

All rights not expressly granted herein are reserved to our content providers and us.

Trademarks

Cymbet™ Corporation, EnerChip™, the Cymbet logo, as well as other such names, logos, phrases and designs (including, without limitation, all page headers, custom graphics, button icons and scripts) used on this Website are either our service marks, trademarks, registered trademark or trade dress. All other trademarks, product names, company names and logos appearing on this Website are the property of their respective owners. You may not copy, imitate or use, in whole or in part, any such service marks, trademarks, registered trademark, trade dress, product names, company names, names, logos, phrases or designs.

General Site Use

This site is provided to individuals for personal use only. Any commercial use of this site is expressly prohibited. You agree to abide by all laws relating to use of this site. You are prohibited from posting on or transmitting through this site any illegal, obscene, defamatory, abusive, hateful, sexually or racially or ethically discriminatory or otherwise objectionable or harmful material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national, or international law. Furthermore, we will not permit any conduct by you that we believe, in our sole discretion, restricts or inhibits any other user from using or enjoying this site. Information posted should not infringe the intellectual property rights of any third parties. You may not interfere with this site, including but not limited to, unauthorized access of data, attempting to breach the security of this site, interference with other users or this site, or sending unsolicited email through this site. You may not collect information about others without their consent.

No Warranty and Warranty Disclaimer

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY, SUITABILITY OR OTHERWISE. FURTHERMORE, THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OR EXPERIENCE OF THIS SITE.

THIS SITE IS PROVIDED “AS IS” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THOSE CONCERNING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT.

YOU EXPRESSLY AGREE THAT RELIANCE ON ANY INFORMATION PROVIDED ON THIS SITE, WHATEVER ITS SOURCE, AND ALL USE OF (OR INABILITY TO USE) THIS SITE IS SOLELY AT YOUR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER TYPE OF DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THIS SITE (OR INABILITY TO DO SO) IN ANY MANNER. YOU AGREE THAT OUR TOTAL LIABILITY FROM OR RELATED TO YOUR USE OF AND ACCESS TO THIS SITE, WHETHER THE FORM OF ACTION OR CLAIM IS IN CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE PURCHASE PRICE OF ANY PRODUCTS AND SERVICES YOU PURCHASED FROM US IN THE APPLICABLE TRANSACTION.

Exclusions and Limitations

Because some jurisdictions do not allow the exclusion of certain warranties or exclusions or limitations of liability for consequential or incidental damages, some of the above exclusions or limitations may not apply to you.

Indemnification

You agree to indemnify and hold us, our officers, directors, employees, subsidiaries, affiliates and related companies harmless from and against any claim or demand, liabilities and settlements, including reasonable attorney’s fees, made by any third party due to or arising out of the unsolicited submissions, content you submit, post to or transmit through this site, your use of this site, your connection to this site, your violation of these terms and conditions or your violation of any rights of another in connection with your use of this site.

Links

This site may contain links to other web sites. We provide the links to you only as a convenience. You acknowledge that we do not endorse and are not responsible for the content of such other sites. You further acknowledge that we are not liable for any loss or damage in connection with such other sites.

Access and Termination

You agree that we may, in our sole discretion, terminate your access to this Website , and remove and discard any site content, for any reason. We may also discontinue providing this site, or any part of it, with or without notice. You agree that any termination of your access to this Website may be effected without prior notice. Further, you agree that we shall not be liable to you or any third party for any termination of your access to this site. Notwithstanding termination of your access to this Website , you will still be liable for the payment of any amounts due or other obligations incurred before termination, whether your use of this Website is terminated by you or us. Termination of your access to this Website does not terminate the applicability of these terms and conditions, the appropriate provisions of which shall survive in perpetuity (as modified).

Use Outside the United States

We are based in Elk River, Minnesota, in the United States of America. We make no claim that the Website content is appropriate, or may be downloaded, outside of the United States, and this site is not intended for use by persons outside the United States. Access to the site content may not be legal by certain persons in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Jurisdiction And Governing Law

These terms and conditions are governed by and shall be interpreted under the laws of the State of Minnesota, U.S.A., notwithstanding its conflicts of law principles. All disputes or claims arising out of use of this site will be resolved in any United States District Court or state district court in Hennepin County, Minnesota.

Miscellaneous

If any provision of these terms and conditions is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. Waiver by us of any breach under these terms and conditions shall not affect or impair our rights with respect to any subsequent breach of the same, similar, or of a different nature. Our failure to exercise or enforce any right or provisions of these terms and conditions shall not constitute a waiver of such right or provisions. 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 this Website, the Website content, or the terms and conditions must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in these terms and conditions of use are for convenience only and have no legal or contractual effect. The provisions of the terms and conditions of use shall be binding on and inure to the benefit of both your successors and assignees and our successors and assignees.