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TERMS OF USE

AGREEMENT BETWEEN USER AND CY3Rn UNI

The CY-BOFFIN Website is comprised of various Web pages operated by CY-BOFFIN.

The CY-BOFFIN Website is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein. Your use of the CY-
BOFFIN Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

CY-BOFFIN   reserves the right to change the terms, conditions, and notices under which the
CY-BOFFIN Website is offered, including but not limited to the charges associated with the
use of the CY-BOFFIN Website.

LINKS TO THIRD PARTY SITES

The CY-BOFFIN Website may contain links to other Websites (“Linked Sites”). The Linked
Sites are not under the control of CY-BOFFIN and CY-BOFFIN is not responsible for the
contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. CY-BOFFIN is not responsible for webcasting or
any other form of transmission received from any Linked Site. CY-BOFFIN is providing these
links to you only as a convenience, and the inclusion of any link does not imply endorsement
by CY-BOFFIN of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CY-BOFFIN   Website, you warrant to CY-BOFFIN that you will
not use the CY-BOFFIN Website for any purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use the CY-BOFFIN Website in any manner
which could damage, disable, overburden, or impair the CY-BOFFIN Website or interfere
with any other party’s use and enjoyment of the CY-BOFFIN Website. You may not obtain or
attempt to obtain any materials or information through any means not intentionally made
available or provided for through the CY-BOFFIN Websites.

USE OF COMMUNICATION SERVICES

The CY-BOFFIN Website may contain bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, and/or other message or
communication facilities designed to enable you to communicate with the public at large or
with a group (collectively, “Communication Services”), you agree to use the Communication
Services only to post, send and receive messages and material that are proper and related
to the particular Communication Service. By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
    rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane,
    defamatory, infringing, obscene, indecent or unlawful topic, name, material or
    information.
  • Upload files that contain software or other material protected by intellectual
    property laws (or by rights of privacy of publicity) unless you own or control the
    rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or
    programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose,
    unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you
    know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary
    designations or labels of the origin or source of software or other material contained
    in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication
    Services.
  • Violate any code of conduct or other guidelines which may be applicable for any
    particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses,
    without their consent.
  • Violate any applicable laws or regulations.

 

CY-BOFFIN has no obligation to monitor the Communication Services. However, CY-
BOFFIN reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. CY-BOFFIN reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
whatsoever.

CY-BOFFIN reserves the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit, refuse to
post or to remove any information or materials, in whole or in part, in CY-BOFFIN‘s sole
discretion.

Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. CY-BOFFIN does not control or endorse the
content, messages or information found in any Communication Service and, therefore, CY-
BOFFIN specifically disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Service. Managers and
hosts are not authorized CY-BOFFIN spokespersons, and their views do not necessarily
reflect those of CY-BOFFIN.

Materials uploaded to a Communication Service may be subject to posted limitations on
usage, reproduction and/or dissemination. You are responsible for adhering to such
limitations if you download the materials.

MATERIALS PROVIDED TO CY-BOFFIN OR POSTED AT ANY CY-BOFFIN WEBSITE

CY-BOFFIN does not claim ownership of the materials you provide to CY-BOFFIN (including
feedback and suggestions) or post, upload, input or submit to any CY-BOFFIN Website or its
associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting CY-BOFFIN, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the rights to:
copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided
herein. CY-BOFFIN is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in CY-BOFFIN‘s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE CY-BOFFIN WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CY-
BOFFIN AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CY-
BOFFIN WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE CY-BOFFIN WEBSITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.

CY-BOFFIN AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE CY-BOFFIN WEBSITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
“AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. CY-BOFFIN AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CY-
BOFFIN AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CY-
BOFFIN WEBSITE, WITH THE DELAY OR INABILITY TO USE THE CY-BOFFIN WEBSITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THE CY-BOFFIN WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CY-
BOFFIN WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF CY-BOFFIN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE CY-BOFFIN WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CY-BOFFIN WEBSITE.

SERVICE CONTACT :

info@cyboffin.com

TERMINATION/ACCESS RESTRICTION

CY-BOFFIN reserves the right, in its sole discretion, to terminate your access to the CY-
BOFFIN Website and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws
of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or
relating to the use of the CY-BOFFIN Website. Use of the CY-BOFFIN Website is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and CY-BOFFIN as a result of this
agreement or use of the CY-BOFFIN Website. CY-BOFFIN‘s performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in
derogation of CY-BOFFIN‘s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the CY-BOFFIN Website or information
provided to or gathered by CY-BOFFIN with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law
including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and CY-BOFFIN with respect
to the CY-BOFFIN Website and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and CY-BOFFIN with
respect to the CY-BOFFIN Website. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based
upon or relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed form.

It is the express wish to the parties that this agreement and all related documents be
drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the CY-BOFFIN Website are: Copyright 2023 by CY-BOFFIN and/or its
suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of
their respective owners.

The example companies, organizations, products, people and events depicted herein are
fictitious. No association with any real company, organization, product, person, or event is
intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider’s Designated Agent.

ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

See Notice and Procedure for Making Claims of Copyright Infringement.

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