User Agreement
and Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THIS WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS ("TERMS OF USE" OR "TERMS"), WHICH MAY BE REVISED FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER ("YOU") AND CyberGen, INC. AND/OR ITS AFFILIATES ("CyberGen"). IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.

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.

Throughout the Site, the terms "we", "us" and "our" refer to CyberGen. When the term "you", "user" or "your" is used below, we refer to "you" as an individual, and you along with your end-users if you are a business entity.

COOKIES

We use cookies to enhance site navigation, analyze site usage, and assist in our marketing efforts. A cookie is a text file sent by a web server and placed on your computer by your web browser to enhance your Site visit. A "cookie" is information either temporarily or permanently stored in a file on your computer. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. By accessing this Site, you agree to use cookies in agreement with these Terms and "CyberGen's" Privacy Policy.

We may also receive information about you from various social media platforms in which you engage. The information we may receive is governed by the privacy settings, policies, and/or procedures of the applicable social media platform and not by these Terms.

Our Site may contain links to other sites whose practices may be different than ours. You should consult the other sites' privacy policies, as we do not control the information submitted to, or collected by, these third parties. We therefore have no responsibility or liability for the content and activities of these linked sites.

LICENSE

Unless otherwise indicated, this Site and all its content and materials therein, including without limitation, "CyberGen's" logo, graphics, text, data, and arrangement thereof (collectively "Materials") are the property of CyberGen or its licensors. All intellectual property rights herein are reserved.

Subject to these Terms, you must not (a) republish material from this Site; (b) sell, rent or sub-license Materials from this Site; (c) reproduce, duplicate or copy material from this Site; or (d) redistribute content from this Site.

HYPERLINKS

This Site may contain hyperlinks to the web pages of third parties. CyberGen shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as CyberGen does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.

CyberGen 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.

LIMITATION OF LIABILITY

WE LIMIT OUR LIABILITY TO YOU AND, AS PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OR INABILITY TO USE THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF ANY FORM OF ACTION INCLUDING BREACH OF THIS AGREEMENT.

CyberGen shall not be held responsible for any content that appears on this Site. You agree to protect and defend CyberGen 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.

DISCLAIMER

CyberGen 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, CyberGen 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.

YOU ARE AWARE OF THE POTENTIAL FOR HARM AND ASSUME RISK, DAMAGE, HARM OR LOSS, WHETHER PERSONAL, EMOTIONAL, FINANCIAL, OR OTHERWISE, DIRECT OR INDIRECT, FROM USE OR INABILITY TO USE THIS SITE. THE CONTENT ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING OTHER SOURCES. YOU ACKNOWLEDGE AND AGREE THAT RELIANCE ON THE INFORMATION PROVIDED BY THIS SITE IS AT YOUR OWN RISK.

WE RESERVE THE RIGHT TO MAKE ANY CORRECTIONS AT ANY TIME WITHOUT NOTICE.

ARBITRATION

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 CyberGen. Any dispute or claim arising out of or relating to these Terms or use of this Site and your relationship with CyberGen 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless CyberGen and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, arising out of or related to your use of this Site and violation of these Terms and the documents or policies they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These Terms are governed by the laws of the State of Florida, United States of America, without regard to Florida's conflict of laws.

CONTACT

We reserve the right to revise these Terms to comply with applicable laws. If you have any questions about these Terms or the practices of this Site, or if you would like to provide comments, please contact us.

Nadia S. Akaweih, Esq.

[email protected]

Updated May 4, 2023