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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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TERMS & CONDITIONS

© 2003 Main Brain Interactive LLC. All rights reserved.