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Terms And Conditions Of Use

TERMS AND CONDITIONS OF USE.

This internet web site (the "Site") and related features and services (the "Service") is owned and operated by WYME, Inc. ("WYME"). These Terms and Conditions of Use ("Terms and Conditions") govern use of the Site and are a binding contract between WYME and you, the user. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

COPYRIGHT AND TRADEMARK.

All content included on the Site, including content within the Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of WYME or others, and is protected by U.S. and international copyright laws. The Material on the Site may not be reproduced or copied in any manner without the express written permission of WYME.

The trademarks, Site marks and logos ("Trademarks") used and displayed on the Site, including content within the Site, are registered and unregistered Trademarks of WYME and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.

LINKS AND LINKING.

Links are provided in the Site that allow other sites to be accessed. These linked sites are not under the control of WYME, and WYME is not responsible for the contents of any linked site and does not make any representations regarding the content or accuracy of information on such third-party sites. WYME provides links only as a convenience, and such inclusion of any link does not imply endorsement by WYME of the linked site. If you access any of the third-party sites linked to by this Site, you do so entirely at your own risk.

Anyone linking to WYME's Site must comply with all applicable laws. A site that links to WYME's Site:

  1. may link to, but not replicate, content on this Site;
  2. may not create a browser or border environment around content on this Site;
  3. may not imply that WYME is endorsing it or its products;
  4. may not misrepresent its relationship with WYME;
  5. may not present false information about WYME, its services, or its Sites;
  6. may not use WYME's trademarks without permission; and
  7. may not contain content that could be construed as distasteful, offensive or controversial, and may contain only content that is appropriate for viewing by all age groups.

CONTENT.

This Site contains articles on many topics; however no warranty whatsoever is made that any of the articles and other material contained on the Site ("Content") are accurate. There is absolutely no assurance that any statement contained in the Content is true, correct or precise.

WYME, the individual contributors, system operators, developers, sponsors nor anyone else connected to WYME can take any responsibility for the results or consequences of any attempt to use or adopt any of the information or disinformation presented on this web site.

Nothing on this Site should be construed as an attempt to offer or render a professional opinion or otherwise engage in the practice of any profession.

JURISDICTION.

Any claim relating to, and use of, the Site or the Site and the materials contained on the Site are governed by and construed in accordance with the laws of the state of Florida (regardless of the laws that might be applicable under principles of conflicts of law). You irrevocably consent to the exclusive jurisdiction and venue of Brevard County, Florida, U.S.A., in all disputes arising out of or relating to these Terms and Conditions or use of the Site.

The Site is controlled and operated by WYME from its offices within the United States. WYME makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States. Access to the Site is prohibited in territories where the contents of the Site are illegal.

USER CONDUCT.

You agree not to take any action that interferes with the proper working of the Site; imposes an unreasonable or disproportionately large load on the Site's infrastructure; might compromise the security of the Site; render the Site inaccessible to others; or otherwise cause damage to the Site or any Content contained on the Site. You agree not to add to, subtract from, or otherwise modify the Content on the Site except as expressly authorized by WYME in these Terms and Conditions or by a written agreement between you and WYME.

On some parts of the Site, you can post messages or express your comments on a given topic, or start a new topic to which others can respond. You agree not to upload, distribute, post or otherwise publish through the Site or the Service:

  1. any information, data, text, software, photographs, graphics, messages, or other material ("Material") that infringes any patent, trademark, trade secret, copyright or other proprietary rights or rights of privacy or publicity of any party;
  2. any libelous, defamatory, obscene, threatening, advertising, pornographic, abusive, or otherwise illegal Material;
  3. any Material that you do not have the right to transmit under law or under contractual or fiduciary relationships;
  4. any Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  5. any Material that harms minors in any way.

If you post anything on the Site, you guarantee to us that you have the legal right to post your Material and that it will not violate any law or the rights of any person or entity. By posting Material on the Site, you give WYME the royalty-free, irrevocable, perpetual, worldwide right to use, assign, sublicense, distribute, display and create derivative works from this Material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. You also acknowledge and agree that you are solely responsible for the content of any of your messages. Nevertheless, we reserve the right to delete, move, or edit messages in our sole discretion. You agree that any Material that you submit to the Service or the Site may be edited, removed, modified, published, transmitted, and/or displayed by WYME, and you waive any and all rights you may have with respect to the alteration, modification, or removal of your Material.

By using the Site, you understand and agree that WYME is not responsible for the truth, completeness, objectivity or usefulness of any third-party posting, nor does WYME endorse any posting. By viewing third-party postings, you assume the risk of believing or disbelieving any content contained therein. Although WYME has the right to do so, WYME generally does not, and assumes no obligation or duty to, screen, monitor, edit or review any third-party postings. WYME generally has the right to monitor or remove any third-party postings at any time and without notice pursuant to these Terms and Conditions, our Privacy Statement or our agreements with third parties. From time to time, we receive requests to disclose the identities of users who post messages to the Site. If WYME discloses the identity of a user pursuant to the Terms and Conditions or our Privacy Statement, you understand and agree that we may do so.

You also acknowledge that portions of the Site contain unedited materials, some of which may be sexually explicit or offensive to you. Your access such materials at your own risk. WYME has no control over and accepts no responsibility whatsoever for such materials.

DISCLAIMER.

THE SITE IS PROVIDED ON AN"AS IS" BASIS, WITH ALL FAULTS. WYME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SITE OR THE NATURE OR ACCURACY OF THE INFORMATION INCLUDED IN THE SITE OR AS TO ANY OTHER MATTER. WYME AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ARISING FROM THE ALLEGED NEGLIGENCE OF WYME, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF YOU RESIDE OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SITES THAT ARE NOT AVAILABLE IN YOUR COUNTRY.

RELEASE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE WYME AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY YOU, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF WYME, IN OPERATING THE SITE OR OTHERWISE.

INDEMNIFICATION.

You agree to defend, indemnify and hold harmless WYME, and its officers, directors, agents, employees, subsidiaries and affiliates, and their respective successors and assigns, from and against any and all losses, costs, liabilities, obligations, damages, deficiencies, expenses, actions, suits, proceedings, demands, assessments and/or judgments, including reasonable attorneys' fees, that are caused by, or result or arise from, any breach of these Terms and Conditions by you, or the use of the Site by you.

ENFORCEMENT.

WYME will investigate and take appropriate legal action against anyone who violates any of the provisions of this agreement, including without limitation, barring violators from use of the Site and pursuing civil, criminal and/or injunctive redress. You agree that in a civil action, WYME may obtain full recovery of all damages it suffers and may also obtain punitive and consequential damages. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of the courts in Brevard County, Florida, U.S.A., regarding any and all disputes relating to these Terms and Conditions, WYMEs' Privacy Statement, your use of the Site, any other WYME web site, or Content or Material contained therein.

GENERAL PROVISIONS.

If any provision of these Terms and Conditions shall be declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from these Terms and Conditions and the other provisions shall remain in full force and effect. The failure of WYME to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No party shall assign these Terms and Conditions, or any of its rights or obligations hereunder, without the prior written consent of the other parties. These Terms and Conditions shall be binding upon and inure to the benefit of the respective heirs, representatives, successors and permitted assigns of the parties. WYME reserves the right to disclose any information, including personally identifiable information, in order to comply with any applicable laws and/or requests under legal process. The provisions of our Privacy Statement are incorporated herein by reference. WYME may, in its sole discretion, change, add or remove any portion of this Agreement, at any time, by posting a new Agreement to the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms and Conditions as modified. For this reason, we encourage you to review these Terms and Conditions whenever you use this Site. The last date these Terms and Conditions were revised is set forth above.



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