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1. You may freely browse and download material from the Site.
Downloaded materials, whether partial or complete, may be used by you for
personal, non-commercial use. You may not, however, distribute, modify,
transmit, reuse, repost or use any of such materials for public or commercial
purposes, without the express written permission of Incendia Health Studios
(“Incendia”). All copyright and other proprietary notices contained in
downloaded materials from the Site must be retained.
2. You should assume that all contents of the Site are copyrighted unless
otherwise noted and may not be used except as provided herein and without the
express written permission of Incendia. Except as expressly provided above,
nothing contained herein shall be construed as conferring any license or right
under any Incendia copyright, trademark or other proprietary right.
3. All brand or product names, logos and trademarks displayed on the Site that
are identified by ® or ™ or appearing in type form different from
that of the surrounding text (collectively, the "Trademarks") are
registered or unregistered trademarks owned by or licensed to Incendia, unless
otherwise identified as being owned by another entity. Nothing contained herein
shall be construed as conferring by implication, estoppel or otherwise any
license or right, either express or implied, under any patent or Trademark of
Incendia or any third party. No use of any Trademark may be made without the
prior written authorization of Incendia, except to identify the product or
services of the company.
4. Images of people or places displayed on the Site are either the property of,
or used with permission by, Incendia. The use of these images by you is
prohibited unless specifically permitted by these Terms of Use or by specific
permission provided elsewhere on the Site. Unauthorized use of the images may
violate copyright, trademark, privacy and/or publicity laws as well as
communications regulations and statutes.
5. Each person assumes full responsibility and all risks arising from use of
the Site. IN NO EVENT SHALL ANY OF INCENDIA, OUR AFFILIATES, LICENSORS OR JOINT
VENTURERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS
AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT
LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL
(INCLUDING LOSS OF PROFIT), PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN
CONNECTION WITH THE EXISTENCE OR USE OF THE SITE, REGARDLESS OF WHETHER
INCENDIA OR ANY OF THE OTHER ENTITIES OR PERSONS LISTED ABOVE HAS BEEN ADVISED
AS TO THE POSSIBILITY OF SUCH DAMAGES. This includes damages to, or for viruses
that may infect, your computer equipment. Without limiting the foregoing,
everything on the Site is provided to you "AS IS" AND INCENDIA MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE
SITE. INCENDIA HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESSED OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT. INCENDIA MAKES NO REPRESENTATION OR
WARRANTY THAT ACCESS TO THE SITE WILL BE AVAILABLE ON A TIMELY BASIS, WILL BE
UNINTERRUPTED, OR THAT THE INFORMATION CONTAINED ON THE SITE WILL BE TIMELY OR
ERROR-FREE. Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations regarding the exclusion of
implied warranties.
6. Any communication or material that you transmit to, or post on the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions or the like, is, and will be treated as, non-confidential and
non-proprietary information, and Incendia shall have no obligation of any kind
with respect to such information. Incendia and any of our affiliates may use
such information for any purpose whatsoever, including, but not limited to,
reproduction, disclosure, transmission, publication, broadcast and further
posting. Further, Incendia and any of our affiliates shall be free to use such
information, including, but not limited to, any ideas, concepts, know-how or
techniques contained therein, for any purpose whatsoever, including, but not
limited to, researching, developing, manufacturing and marketing products
incorporating such information.
7. This Site may provide content from other sites or entities and may link you
to other sites on the Internet. We believe that the content and our links from
the Site meet quality guidelines and linked sites are checked periodically for
appropriate content. However, Incendia has not reviewed all of the sites that
may be linked to the Site and we are not responsible for the content of any
content or off-Site pages or any other sites linked to the Site. Your linking
to any other off-Site pages or other sites is at your own risk. Please remember
that such sites are not Incendia Sites and the content on such sites could
change without our knowledge. The opinions, claims, comments, or software
contained in hyperlinked sites are those of the companies responsible for such
sites and should not be attributed to Incendia in any manner. Incendia has not
attempted to verify the truth or accuracy of any such opinion, claim or
comment, nor do we endorse or support them. Incendia does not warrant, nor are
we in any way responsible for, software on hyperlinked sites that are outside
of our control.
8. You are prohibited from posting or transmitting to the Site any unlawful,
threatening, libelous, defamatory, obscene, inflammatory, pornographic or
profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability or
would otherwise violate the law. Incendia will fully cooperate with any law
enforcement authorities or court order requesting or directing Incendia to
disclose the identity of anyone posting any such information or materials.
Incendia assumes no responsibility nor liability arising from the content of
the Site nor for any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy contained in any
information within the Site.
9. Incendia reserves the right to make additions, deletions, or modifications
to the information or materials on the Site at any time without any prior
notification or consent.
10. Incendia may, at any time, revise these Terms of Use by updating this
posting. You are bound by any such revisions and should, therefore,
periodically visit this page to review current Terms of Use.
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