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SyberWorks Terms and Conditions

The following Terms and Conditions apply to the SyberWorks web site (the “Web Site”) and to the software, services, products, resources, information, content, materials, and results or output derived from such services or products on the Web Site (“Site content”). By using the Web Site or Site contents, you accept and agree to comply with the following Terms and Conditions. Your use of certain resources made available on the Web Site or the conduct of certain transactions may be SUBJECT to certain additional terms and conditions, which will be made available to you prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove portions of these Terms and Conditions at any time, so please check these Terms and Conditions (and our Privacy Policy) from time to time. Your continued use of the Web Site signifies your acceptance of any changed items. If you do not agree with our Terms and Conditions, your sole remedy is to discontinue your use of the Web Site. The failure of SyberWorks, Inc. to enforce these Terms and Conditions, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

SyberWorks's Terms and Conditions

Community Conduct

While using the Web Site or Site contents, you are a part of the SyberWorks community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the Web Site or Site content or from purchasing any products or services sold by SyberWorks; (2) take any action intended to threaten, intimidate, or harass any other user of the Web Site, or which is abusive, illegal, hateful, or sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the Web Site or its e-mail links materials that do not meet the requirements of these Terms and Conditions; or (5) impersonate any person or entity or forge anyone else's digital or manual signature or attempt to gain unauthorized access to SyberWorks' or any other person's computers, software, or data.

We reserve the right to prohibit use of the Web Site or the purchase of products and services from SyberWorks by any user who, in our sole discretion, violates these Terms and Conditions. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify SyberWorks, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the Web Site or Site content and are not responsible for the accuracy or reliability of any Site content or opinion, advice, or statement made on the Web Site, or for any defamatory, offensive, or illegal conduct by any user of the Web Site.

SyberWorks reserves the right to investigate suspected violations of these Terms and Conditions, including the gathering of information from the user or users involved and the complaining party, if any, and examination of material on SyberWorks's servers and network. You hereby authorize SyberWorks and its distribution affiliates to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and (ii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms and Conditions. Such cooperation may include SyberWorks providing the username, IP address, or other identifying information.

Submissions to SyberWorks

While participating in the SyberWorks community, you may submit to SyberWorks resources, links, applets, information, content, software code, graphics, artwork, templates, or other materials (“Submissions”) in accordance with the guidelines set forth at the areas of the Web Site where Submissions are accepted. You hereby grant to SyberWorks a non-exclusive, perpetual, worldwide, royalty-free license to link to, reproduce, distribute, adapt, perform, display, and create derivative works from your Submissions, and to sublicense any of the foregoing rights. If your Submissions include software source code, the foregoing license includes the right to analyze, report on, summarize, and display the source code. SyberWorks reserves the right at any time and without notice to refuse to post or to remove any Submission (in its sole discretion.)

You agree that your Submissions will meet all of the following requirements for appropriate content, and make the following representations and warranties to SyberWorks:

Applications

All applications, software, and transmissions available for registration or download from the Web Site are the copyrighted work of SyberWorks or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software SUBJECT to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other Site content downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk, and that you will be solely responsible for any damage to your network or computer system, or loss of data that results from the download of software or other Site content.

Disclaimers and Warranties

The Web Site and Site content are provided on an “as is” and “as available” basis. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SYBERWORKS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. SyberWorks does not make any representations or warranties that: (1) the Web Site or Site content or any products or services purchased from SyberWorks will meet your requirements or expectations; (2) the operation of the Web Site or the Site content will be uninterrupted, timely, secure, or error-free, or that any errors will be corrected; (3) any particular results will be obtained from the use of the Web Site or from any products or services purchased from SyberWorks; (4) the Site content is accurate, correct, or timely; (5) the Site content is updated or otherwise contains current information; or (6) the Site content has expired or has been removed from the Web Site.

Limitation of Liability

YOU AGREE THAT NEITHER SYBERWORKS NOR ITS SUPPLIERS SHALL BE LIABLE UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (1) THE USE OF OR THE INABILITY TO USE THE WEB SITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH SYBERWORKS; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) RELIANCE ON THE WEB SITE, SITE CONTENT, OR ANY PRODUCTS OR SERVICES ON THE WEB SITE.

Some jurisdictions do not allow the disclaimer of certain implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so some of the above disclaimers, limitations, and exclusions may not apply to you.

Links to Third Party Web Sites

The Web Site may include links to various third party web sites. SyberWorks is providing these links solely as a convenience. Such linked third party sites are not under the control of SyberWorks. We have not reviewed all of the sites linked from the Web Site and are not responsible or liable for the contents available at any such linked site. The appearance of a third party link on this site does not imply SyberWorks's endorsement of the linked site, its sponsor, or any products or services offered on the linked site. Use of any linked site is at your own risk.

Indemnity

You agree to indemnify, defend, and hold harmless SyberWorks and its officers, employees, directors, agents, suppliers, and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys fees) that arise directly or indirectly out of or from: (1) any breach of these Terms and Conditions or of any representation or warranty made by you in these Terms and Conditions; (2) your Submissions; and/or (3) your activities in connection with the Web Site or Site contents.

Applicable Laws and Jurisdictions

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the SyberWorks site and your purchase of the products and services on the site. The Site content and/or products and services available through the Web Site are SUBJECT to United States export controls and may not be accessed or used by: (1) a national or resident of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. You hereby agree to the foregoing, and represent and warrant that you are not a national, a resident, or under the control of any such country or on any such list.

SyberWorks controls the Web Site (excluding third party linked sites) from its corporate offices within the state of Massachusetts, United States of America. SyberWorks makes no representation that Site content is appropriate or available for use in other locations, and accessing the Web Site or Site contents from jurisdictions where their contents are illegal is prohibited. If you choose to access this site from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction. The law of the state of Massachusetts, specifically excluding choice of law principles, will apply to all issues and matters relating to or arising from your use of this Web site. You also submit to the exclusive personal jurisdiction and venue of the Superior Court located in Suffolk County, Massachusetts, United States of America or of any federal court located in such state.

Copyrights and Trademarks

The Web Site and Site content is the property of SyberWorks, Inc. and its licensors, and is protected by United States and international copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by SyberWorks at the Web Site are reserved to SyberWorks and its licensors. Copyright © 2001-2009 SyberWorks, Inc. and its licensors. All rights reserved.

The following are SyberWorks trademarks: SYBERWORKS, SYBERWORKS TRAINING CENTER, SYBERWORKS STC, SYBERWORKS.COM, SYBERWORKS WEB AUTHOR, SYBERWORKS ONLINE SURVEY TOOL MODULE, SYBERWORKS WEB DEMONSTATOR, SYBERWORKS IMAGE MAPPER, SYBERWORKS SCHEDULE SIMULATOR MODULE, SYBERWORKS PROFESSIONAL AUTOMATION SOFTWARE MODULE, SYBERWORKS INTEGRATED WEB CONFERENCING, SYBERWORKS CLASS LOGISTICS MODULE, SYBERWORKS MOBILE LEARNING MODULE, SYBERWORKS COMPETENCY MANAGEMENT MODULE, SYBERWORKS E-COMMERCE/REGISTRATION MODULE and the SyberWorks logo. In addition, the Web Site may contain trademarks, logos, and links to the web sites of third parties. Any domain names, URLs, trademarks, or logos appearing on the Web Site or in any Site content are the sole property of their respective owners.

Copyright Complaints

SyberWorks and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at info@syberworks.com and SyberWorks will investigate, in appropriate circumstances, notices of copyright infringement, and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2). © 2001-2009 SyberWorks, Inc. All rights reserved. Terms and Conditions last updated February 4, 2009.

SyberWorks, Inc.
781-891-1999
info@syberworks.com

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