This website (this "Website") is provided by CyBerJaz Corp. ("CyBerJaz"). Your access to, and use of, this Website confirms your understanding and agreement with the terms and conditions contained in this document. These terms and conditions are not permitted to be modified by any CyBerJaz representatives except in writing signed by both parties. The term "you" (including, but not limited to, formatives thereof, such as "your", and "yours") means you, the person accessing this document, as well as any persons accessing or using this Website under your control, supervision, equipment, connection and/or authority. The term "Website" includes, but is not limited to, all functionality arising from or related to this Website, such as electronic mail.
Use. You represent and warrant that: (i) you guarantee the usage arising from, related to or through this Website; (ii) you shall indemnify and hold CyBerJaz harmless in the event that this Website is used in any unauthorized manner; (iii) you shall not bypass or otherwise attempt to bypass any restrictions or passwords associated with this Website or content accessed or used by or through this Website; (iv) this Website shall be used only for lawful purposes and not as a means to commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract or other unlawful activity; (v) you are at least eighteen (18) years of age; (vi) you are solely responsible for all hardware and software necessary for your accessing this Website; (vii) this Website shall not be used, directly or indirectly, in a manner which, in CyBerJaz' sole discretion, is abusive, offensive, and inappropriate; (viii) you are solely responsible for full compliance with all applicable statutes, regulations, ordinances and other laws that govern the direct, indirect or downstream use or intended use of this Website. Without limiting the generality of the foregoing, in connection with your use of this Website, you agree you will not:
(a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity; (b) Post or transmit any Material that contains a virus, harmful or corrupted data; (c) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature; (d) Violate any applicable local, state, national or international law; (e) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (f) Delete or revise any Material posted by any other person or entity.
Access by CyBerJaz. You agree that CyBerJaz has the right to monitor your use of this Website electronically and to disclose any information as necessary to satisfy any law, regulation or other governmental request (including, but not limited to, whether informal requests of authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to operate the system properly, to protect itself or its subscribers, or otherwise. You shall indemnify and hold CyBerJaz harmless from such monitoring and disclosure. CyBerJaz reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are believed to be in violation hereof. Except for certain products and services for which CyBerJaz is expressly and specifically identified by CyBerJaz as being itself the author, manufacturer, or authorized representative, all merchandise, content, information and services offered or made available or accessible on the Internet or use of this Website are so offered or made available or accessible by third parties who are not affiliated with CyBerJaz or its affiliates ("Third-Party Materials"). Accordingly, CyBerJaz makes no endorsements, representations and/or warranties regarding Third-Party Materials.
No Warranties. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE. THIS WEBSITE AND ANY INFORMATION AND/OR MERCHANDISE OBTAINED THEREBY (INCLUDING, BUT NOT LIMITED TO, "THIRD-PARTY MATERIALS"), ARE RECEIVED BY YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, YEAR-2000 COMPLIANCE, NON INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Notwithstanding anything herein to the contrary: (i) CyBerJaz does not represent or warrant the successful delivery of any electronic mail, or that such electronic mail will remain private or in its original form or format; (ii) CyBerJaz reserves the right, and CyBerJaz is hereby specifically and expressly authorized by you, to delete, to archive or to otherwise remove information and/or data of any nature from access and/or use from anyone, including, but not limited to, you, if any claim is made that there is a direct or indirect improper use of the Website, and CyBerJaz shall have no duty to investigate the merits of any such claim prior to taking such action.
Neither CyBerJaz nor its employees, agents, representatives or affiliates make any express or implied warranties, representations or endorsements whatsoever arising from, related to or in connection with this Website. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and the quality and merchantability of all merchandise, provided through the Website or otherwise on the Internet. Neither CyBerJaz nor its employees, agents, representatives or affiliates warrant that: a) the Website access or use will be uninterrupted or error free; b) that a connection can or will be established; c) that information or data of any nature will remain private; or d) that any information, software or other material accessible by or through the Website is free of viruses, worms, trojan horses or other harmful components. CyBerJaz necessarily uses the services of third-party vendors, including, but not limited to, telecommunication companies. The terms hereof are necessarily subject to and limited to the terms and conditions of CyBerJaz agreements with such third-party vendors. You assume the risk that your use of the Website may be terminated or otherwise adjusted, without notice, in the event that such use is unacceptable at any time by such third-party vendors.
UNDER NO CIRCUMSTANCES SHALL CYBERJAZ OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY INCLUDING, BUT NOT LIMITED TO, FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. YOU HEREBY INDEMNIFY CYBERJAZ, ITS EMPLOYEES, AGENTS, REPRESENTATIVES AND AFFILIATES FROM AND AGAINST ALL ACTIONS, CLAIMS, SUITS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ACCESS TO THE INTERNET.
Do Not Rely on Articles for Advice; Services/Prices Subject to Change. Any articles explaining technical issues, legal issues or other subject matter are introductions only and not intended to contain advice upon which you may or should rely. Such materials are not intended to replace the advice of a qualified professional who has examined your particular circumstances. Although CyBerJaz stands strongly behind the advice it renders to its engaged clientele (who engage CyBerJaz in writing), CyBerJaz makes no representation that articles provided by or through this Website remain accurate, up-to-date, or are appropriate for your situation. Any services and prices identified on or through this Website are subject to change without notice; some products and services are not available in all areas. CyBerJaz does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed by use of by or through this Website.
Trademarks; Service Marks; Copyright. "CyBerJaz" is or is intended to be a federally registered service mark. All other references are marks of their respective owners and bear no relationship to CyBerJaz. There is no association or relationship between CyBerJaz and any business or website accessed via this Website, through the frames or otherwise. This Website is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this Website without the prior written permission of CyBerJaz. Any comments, data, information or materials sent to CyBerJaz arising from your use of this Website may be used without liability and for any purpose without compensation or attribution to you or the sender. CyBerJaz may reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation; this includes, but is not limited to, any information (including, without limitation, ideas contained therein for new or improved products and services) you submit to or through the Website (including, but not limited to, bulletin boards, forums and newsgroups) or by e-mail by all means and in any media now known or hereafter developed. You also grant to CyBerJaz the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse for any alleged or actual infringement or misappropriation of any proprietary right in your communications to this Website. Domestic and International copyright and trademark laws protect the entire contents of the Website. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of this Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
No Endorsement; No Opinion of Quality. Reference herein to any client, specific or general commercial products, process whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or preference by CyBerJaz. Any views, statements and opinions expressed herein, by CyBerJaz or users of this Website, do not necessarily state or reflect those of CyBerJaz, and shall not be used for advertising or product endorsement purposes. You consent to monitoring of this use by system or security personnel. No representation or warranty is made that message intended to be delivered by or through this system will be private or delivered to the proper party.
Miscellaneous. This document shall all be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania applicable to agreements made and to be performed in Pennsylvania. You agree that any legal action or proceeding between CyBerJaz and/or you for any purpose concerning this document or your use of, or access to, this Website, or the rights/obligations hereunder, shall be brought exclusively in the county of Allegheny, Pennsylvania.
Any cause of action or claim you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred. CyBerJaz' failure to insist upon or enforce strict performance of any provision of this document shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision hereof. CyBerJaz may assign its rights and duties hereunder to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
Any and all disputes arising from, related to or in connection with this document with an averred claim amount exceeding ten thousand dollars ($10,000): i) shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof; ii) if the averred claim is less than twenty thousand dollars ($20,000) there shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators; iii) the arbitrator(s) shall be appointed in accordance with the AAA Commercial Rules from an AAA panel of arbitrators knowledgeable in business information and data processing systems; and iv) the Arbitrator(s) shall have no authority to award punitive or exemplary damages, but may award temporary or permanent equitable relief. All disputes required to be resolved by binding arbitration shall be considered private and confidential and neither party shall issue press releases or otherwise disclose information regarding the same; provided, that a party may publicly respond to any prior disclosure made by the other party in breach of this provision.