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TERMS AND CONDITIONS
Please read these
terms of use carefully before using the Main Brain Interactive (MBI)
site. By using this site, you consent to the following terms of use:
RESTRICTIONS ON
USE OF MATERIALS This site is owned and operated
by Main Brain Interactive LLC unless otherwise indicated the contents
of MbiHealth.com are the property of Main Brain Interactive LLC ("MBI")
and are protected, without limitation, pursuant to U.S. and foreign
copyright and trademark laws. Absolutely no material from mbiHealth.com
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials on any single computer for your personal non-commercial
use only, provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for any
other purpose is a violation of MBI's copyright, trademark, and trade
secret rights and others' proprietary rights. For purposes of this Agreement,
the use of any such material on any other website or networked computer
environment is prohibited. In the event you download software from the
site, the software including any files, images incorporated in or generated
by the software and data accompanying the Software (together, the "Software")
are licensed to you by MBI. MBI does not transfer title to the Software
to you. As between you and MBI, MBI retains full and complete right,
title, and interest in and to the Software and all intellectual property
rights therein. You may not redistribute, sell, reverse-engineer or
disassemble the Software.
USER CONDUCT
Harmful, derogatory, or unlawful conduct is not permitted
on mbiHealth.com. Users are not permitted to upload to, distribute through,
or otherwise publish through mbiHealth.com any content which is libelous,
defamatory, obscene, pornographic, threatening, invasive of privacy
or publicity rights, abusive, illegal or otherwise objectionable that
would constitute or encourage a criminal offense, violate the rights
of any party, or that would otherwise give rise to liability or violate
any law. Users are solely responsible for the content of their messages.
MBI is not responsible the content or accuracy of any information posted
or transmitted by users of mbiHealth.com.
TERMINATION
Until terminated by either party, this agreement will
be effective.You the user may terminate this Agreement at any time by
destroying all materials obtained from mbiHealth.com and all related
documentation and all copies and installments thereof whether made under
the terms of this Agreement or otherwise. This Agreement will terminate
immediately without notice from MBI, if in MBI's sole discretion you
fail to comply with any term or provision of this Agreement, if you
are a repeat infringer of any third party's rights, or if you engage
in conduct that is illegal, tortious or that interferes with the technological
operation of this site. Upon termination, you must destroy all materials
obtained from mbiHealth.com and all copies thereof, whether made under
the terms of this Agreement or otherwise.
DISCLAIMER
The company (MBI) makes no warranties
or representations with respect to mbiHealth.com
or its content, which are provided for use "as is" and "as
available." MBI disclaims all warranties, implied or expressed,
including without limitation the implied warranties of MBI merchantability
and fitness for a particular purpose, with respect to mbiHealth.com
and any website with which it is linked. MBI does not warrent the functions,
links or information contained on mbiHealth.com or that it's contents
will meet your requirements, that mbiHealth.com or it's contents, are
fit for any particular purpose or that the operation of mbiHealth.com
or it's contents, will be uninterrupted or error-free, that defects
will be corrected, or that this site or the server that makes it function
are free of worms, trojan horses, viruses, cancelbots and other harmful
components. MBI does not warrent or make any representations regarding
the use or the results of the use of the materials on mbiHealth.com
in terms of their correctness, reliability, accuracy or otherwise. You
and not (the comapany MBI) assume the total cost of necessary servicing,
correction, and repair.
LIMITATION OF
LIABILITY Under no circumstances, including
(but not limited to) negligence, shall MBI be liable for any special,
consequential, or incidental damages resulting from teh use of , or
the inability to use mbiHealth.com materials, even if MBI or a MBI authorized
representative has been advised of the possiblility of such damages.
Applicable law will not allow the exclusion or limitation or incidental
or consequential damages, so the above limitation or exclusion may not
apply to you the user.In no event will MBI's total liablity to you for
all damages, losses and causes of action (in contract or not, but not
limited to negligence or otherwise) exceed the amount paid by you, if
any, for accessing mbiHealth.com.
JURISDICTIONAL
ISSUES MbiHealth.com is controlled and operated
by MBI from its offices in Maine, United States of America. MBI makes
no representation that materials on mbiHealth.com are appropriate or
available for use in other locations. Those who choose to access MbiHealth.com
from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United States
export controls. No software from mbiHealth.com may be downloaded or
otherwise exported or re-exported (i) into any country to which the
United States has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading or using the Software,
you represent and warrant that you are not located in, under the control
of, or a national or resident of any such country or on any such list.
OTHER
This Agreement shall be governed by and construed in
accordance with the laws of the state of Maine, without giving effect
to any principles of conflicts of law. You and MBI each agree to submit
to the exclusive jurisdiction of the courts of the state of Maine. If
any provision of this Agreement shall be unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the parties
relating to the subject matter herein and shall not be modified except
by writing, signed by both parties.
PERMISSION FOR
REPRINTS All material on MbiHealth.com without
limitation, is protected by U.S. and foreign copyright and trademark
laws. In order to receive permission to reprint any material on MbiHealth.com
(outside of personal, non-commercial use), please write to:
Main Brain Interactive LLC
P.O. BOX 8007
Portland, ME 04104
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