Terms and Conditions ("Terms")
Last updated: July 24, 2017
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the http://www.cymbala.com website (the "Website", or "Service") operated by Greg Cymbala ("I", "me", "us", "we", "our", or "mine").
Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Website.
By accessing or using the Website you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Website.
We grant you a non-exclusive, non-transferable, revocable license to access and use our Website in order for you to view and read the content on our Website, strictly in accordance with our Legal Terms.
Copyrights and Trademarks
Unless otherwise noted, all materials including without limitation, logos, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property, whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Greg Cymbala. Our Website, as a whole, is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. Fair use of Greg Cymbala’s Intellectual Property requires proper acknowledgment.
Other images, product and company names mentioned in our Website may be the Intellectual Property of their respective owners. All company names, trademarks, registered trademarks, service marks, trade names, trade dress, product names and logos appearing on the site are the property of their respective owners.
Links To Other Web Sites
Our Website may contain links to third-party web sites or services that are not owned or controlled by Greg Cymbala.
We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Content on our Website are made and posted at such times as we determine in our discretion. You should not assume that the information contained on our Website has been updated or otherwise contains current information. Greg Cymbala does not review past postings to determine whether they remain accurate and information contained in such postings may have been superseded. THE INFORMATION AND MATERIALS IN OUR WEBSITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP TO DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
No Warranties; Exclusion of Liability; Indemnification
OUR WEBSITE IS OPERATED BY Greg Cymbala ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Greg Cymbala SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT FOR OUR WEBSITE AND ANY CONTRACTS AND SERVICES YOU PURCHASE THROUGH IT. Greg Cymbala SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTENT ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER Greg Cymbala OR MY AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL Greg Cymbala's LIABILITY FOR ANY DAMAGE CLAIM EXCEED THE AMOUNT PAID BY YOU TO Greg Cymbala FOR THE TRANSACTION GIVING RISE TO SUCH DAMAGE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Greg Cymbala DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT OUR WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
Greg Cymbala MAKES NO REPRESENTATION OR GUARANTEES ABOUT ANY CONTENT OR SERVICES OFFERED THROUGH OUR WEBSITE.
No part of this web page or this web site is intended to, or shall be interpreted in any manner, personally, professionally, or legally, to bring discredit or reproach upon, dishonor, slander, to lower in credit or esteem, disparage, defame, bring into contempt or disrepute, or otherwise derogate any individuals or companies mentioned or referenced herein, their Officers, Executive Committee Members, employees or agents. There statements made on this Website are made without malice aforethought.
Greg Cymbala makes no representation of warranty, express or implied, and does not assume any legal liability or responsibility for the accuracy, truthfulness, completeness, usefulness, reliability, or timeliness of any documents or information contained on this website, or for the suitability, functionality, or operation of this website.
Greg Cymbala shall not be held liable to anyone or any entity for any decision made or not made, or action taken, or not taken, in reliance on the information found on this website. Users are advised to do their own independent investigation before relying on or taking/not taking any action based on information found on this website. All information on this web site is subject to change without notice. All information on this website is provided for entertainment and informational purposes only and shall not be relied upon or used to inform any decision to take or not take any action.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold Greg Cymbala harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website.
These Terms shall be governed and construed in accordance with the laws of Colorado, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website.
If you have any questions about these Terms, please contact us.
Terms and Conditions of http://www.cymbala.com