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AGREEMENT BETWEEN USER AND HYBO


Last Updated Sep 8, 2006

PLEASE READ THESE TERMS OF USE AND LEGAL NOTICE BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THEM, DO NOT USE THIS SITE. HYBO, Inc. and/or its affiliates (collectively, "HYBO") operate various Internet and Extranet sites (collectively "HYBO Sites"). HYBO Sites are offered to you, as user, conditioned on your acceptance, without modification, of the terms and conditions contained herein. Use of any HYBO Site signifies your agreement to these terms of use. A particular site may contain additional terms, however, if any terms conflict, the terms of this Agreement shall control. HYBO reserves the right to change these terms and conditions and the content of HYBO Sites and terminate your access to HYBO Sites at any time without notice. You warrant, as a condition of use, that you will not use any HYBO Site for any purpose that is unlawful or prohibited by these Terms of Use.

Disclaimer
EVERYTHING IN HYBO SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, "MATERIALS"), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON HYBO SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HYBO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HYBO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT HYBO SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HYBO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN HYBO SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT HYBO) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON HYBO SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall HYBO be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in HYBO Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if HYBO or a HYBO authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall HYBO's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing any HYBO Site.

Restrictions on Use
Materials in HYBO Sites, including but not limited to text and graphics, are the property of HYBO. Users may read Materials in HYBO Sites; however, users may not otherwise use Materials (including but not limited to HYBO's names, logos, and trademarks) in any other way without the prior written consent of HYBO. Receipt, directly from HYBO, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use HYBO's names, logos, trademarks or other intellectual property. Unless otherwise specified, Materials in HYBO Sites are presented solely for the purpose of promoting programs, products and services of HYBO available in the United States and such other countries where permitted by U.S. and local law. HYBO Sites are controlled and operated by HYBO from its offices in the State of California, United States of America. HYBO makes no representation that Materials in HYBO Sites are appropriate or available for use in other locations. Those who choose to access HYBO Sites 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. Applications and programs from HYBO Sites are further subject to United States export controls. No applications or programs from HYBO Sites may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed or sanctioned 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 using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list. Links to other Sites and References to Services Organizations References on HYBO Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply HYBO's endorsement, sponsorship or recommendation. Such references are for informational purposes only. HYBO is not responsible for the availability, content or any use of such referenced sites and/or organizations.

Confidential Information

HYBO will endeavor to keep in a secure manner information that you submit to HYBO or you choose to save and/or store on or via HYBO Sites (Please also see HYBO's Privacy Statement ). Unless the exchange of confidential information is covered by a separate written secrecy agreement and marked "Confidential" ("Confidential Information"), HYBO does not want to receive confidential or proprietary information from users through HYBO Sites. Please note that any information other than Confidential Information sent to HYBO or saved and/or stored on or via HYBO Sites will be deemed NOT to be confidential, and that users grant HYBO an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user's risk. In addition to the disclaimer paragraph above, please note that HYBO is not responsible for misappropriation, loss or corruption of any such information by any means.

Other

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA, without giving effect to any principles of conflicts of law. All disputes arising out of this agreement that cannot be resolved by discussions shall be submitted to the courts of California unless otherwise agreed by the parties. 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.

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