These terms and conditions contain a binding Arbitration clause, disclaimers and other provisions for the use of this website, cybergen.com (“Site”). In the event You navigate away from this Site to a third-party site, You will be bound by alternative terms and conditions specified on said site.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
The following terminology applies to these Terms:
User (referred to as “You” or “Your”) means the individual accessing or using this Site.
Company (referred to as either “CyberGen”, “the Company”, “We”, “Our” or “Us”) refers to CyberGen.
“Parties” or “Us” refers to both You and the Company.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Unless otherwise indicated, this Site and all its content and materials therein, including without limitation, the Company logo, graphics, text, data, and arrangement thereof (collectively “Materials”) are the property of the Company or its licensors. All intellectual property rights herein are reserved.
Subject to these Terms, You must not:
- Republish material from this Site;
- Sell, rent or sub-license Material from this Site;
- Reproduce, duplicate or copy material from this Site; or
- Redistribute content from this Site.
Company does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by You or any third party.
You hereby grant Company a non-exclusive license to use, reproduce, or alter the User Content provided to Us in any and all forms, formats or media.
Hyperlinking to the Site
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, so long as the link: (a) is not in any way deceptive; (b) does not portray Company in a misleading, defamatory manner; (c) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (d) fits within the context of the linking party's site.
No use of Company intellectual property will be allowed for linking absent a licensing agreement.
You may not use, frame or utilize framing techniques to enclose any Company trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page on the Site without the Company express written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of the Company or any third party.
We shall not be held responsible for any content that appears on this Site. You agree to protect and defend us against all claims that arise out of Your use of this Site. No link(s) should appear on any Site that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
If any link on this Site is offensive for any reason, please contact us immediately.
Company does not endorse or adopt, nor make any representations or warranties whatsoever regarding the accuracy or completeness, of the linked websites or any information contained therein. Users visit third-party websites and access information therein at their own risk.
Reservation of Rights
We reserve the right to request that You remove all links or any particular link to this Site. You must immediately remove all links to this Site upon request, within 24 hours. We also reserve the right to amend these Terms at any time. By continuously linking to this Site, You agree to be bound to these Terms.
COMPANY IS PROVIDING THE SITE TO THE USER “AS IS” AND THE USER IS USING THE SITE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED.
This provision is intended to be binding and encompasses all disputes or claims arising out of or relating to these Terms, Your use of this Site, and/or Your relationship with Us. Any dispute or claim arising out of or relating to these Terms or use of this Site and Your relationship with Us or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either Party may take claims to small claims court if they qualify for hearing by such a court.
Governing Law and Jurisdiction
These Terms are governed by the laws of the state of Florida, United States of America, without regard to Florida’s conflict of laws.
Any questions, complaints, or claims regarding this Site should be directed to: