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Terms of Service.
- Proper Use. You agree that you will use Cybernetic Live in compliance
with all applicable local, state, national, and international laws,
rules and regulations. Furthermore, you agree that you will not ask
questions that are unlawful, defamatory, harassing, abusive, fraudulent,
and obscene, intended to advertise or sell goods or services, or are
otherwise objectionable. You further agree not to ask questions designed
to elicit responses that relate to illegal activity or that infringe
upon another party's intellectual property rights. You may not sell,
use, reproduce, modify, edit, translate, publish, perform, display,
post, transmit and distribute questions, comments or answers for any
public or commercial purpose without the written permission of Cybernetic
Live. Cybernetic Live does not necessarily edit, screen, filter, modify,
or otherwise monitor the content of questions or comments in advance
of responses. Cybernetic Live takes no responsibility for third party
content, nor does Cybernetic Live have any obligation to monitor such
third party content. Cybernetic Live reserves the right to refuse service
to anyone at any time without notice for any reason. Cybernetic Live
will not be responsible or liable for the exercise or non-exercise of
its rights under this Agreement.
- Refund Policy. You may request a refund for any Consulting fee by
submitting your request to the support technician within fifteen (15)
minutes from the start of the call. All reasonable refund requests will
be honored.
- Warranty. The information provided by Cybernetic Live pursuant to
this Service is derived from private and public reference sources as
well as personal knowledge and is provided by Cybernetic Live or independent
contractors ("Consultant") to assist you. The Information
has not been verified, however, and neither Cybernetic Live nor Consultant
represent that it is accurate, correct, complete, reliable, or otherwise
valid. Cybernetic Live does not endorse or recommend, and expressly
disclaims liability for any product, manufacturer, distributor, service
or service provider mentioned in any question, comment or answer. Further
Cybernetic Live does not endorse or support any opinion expressed in
a question, comment, or answer. THE INFORMATION AND SERVICE IS PROVIDED
"AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE
AT YOUR OWN RISK. THE CONTENT OF THE QUESTIONS, ANSWERS, AND COMMENTS
IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON CLAIMING SUCH
ITEMS. CYBERNETIC LIVE AND CONSULTANTS EXPRESSLY DISCLAIM ANY WARRANTY,
EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Some states do not allow the exclusion of warranty, so the above exclusions
may not apply to you.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL CYBERNETIC LIVE
OR CONSULTANTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE
OF THE SERVICE WHETHER OR NOT Cybernetic Live OR CONSULTANT HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL
Cybernetic Live OR CONSULTANT BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES
RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER
YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY
PAID BY YOU TO Cybernetic Live FOR ANY INSTANCE OF USE OF THE SERVICES
THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY QUESTION, COMMENT,
OR ANSWER REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY,
SERVICE OR SERVICE PROVIDER, Cybernetic Live EXPRESSLY DISCLAIMS ANY
ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT,
MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some
states do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation and exclusions may not apply to you.
- Hold Harmless and Indemnity. You agree to hold harmless and indemnify
Cybernetic Live, and its Consultants, employees, agents and representatives,
from and against any third party claim arising from or in any way related
to your use of the Service, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and nature.
In such a case, Cybernetic Live or the affected Consultant(s) will provide
you with written notice of such claim, suit or action.
- Release and Waiver. To the maximum extent permitted by applicable
law, you hereby release, and waive all claims against Cybernetic Live
and its employees and agents from any and all liability for claims,
damages (actual and consequential), costs and expenses (including litigation
costs and attorneys' fees) of every kind and nature, arising out of
or in any way connected with use of the Service. If you are a California
resident, you waive your rights, whether known or unknown, under California
Civil Code 1542, which states, "A general release does not extend
to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must
have materially affected his settlement with the debtor." Residents
of other states and nations similarly waive their rights under applicable
and/or analogous laws, statutes, or regulations.
- No Assignment. You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole or in part, whether
voluntarily or by operation of law, without Cybernetic Live's prior
written consent. Any such purported assignment or delegation by you
without Cybernetic Live's prior written consent will be null and void
and of no force or effect, unless otherwise expressly consented to by
Cybernetic Live at its sole and absolute discretion.
- Relationship of the Parties. Notwithstanding any provision hereof,
for all purposes of this Agreement each party shall be and act as an
independent contractor and not as partner, joint venture, agent, employee
or employer of the other and shall not bind nor attempt to bind the
other to any contract.
- Arbitration. Any controversy or claim arising out of or relating
to this Agreement shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or controversy
of any other party. The decision of the arbitrator shall be final and
unappeasable. The arbitration shall be conducted in San Francisco County,
California and judgment on the arbitration award may be entered into
any court having jurisdiction thereof. Notwithstanding anything to the
contrary, Cybernetic Live may at any time seek injunctions or other
forms of equitable relief from any court of competent jurisdiction.
- Miscellaneous. If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be deemed superseded by a valid
enforceable provision that most closely matches the intent of the original
provision and the remaining provisions shall be enforced. Cybernetic
Live’s failure to act with respect to a breach by you or others
does not waive Cybernetic Live has right to act with respect to subsequent
or similar breaches. The failure of Cybernetic Live to exercise or enforce
any right or provision of these terms and conditions shall not constitute
a waiver of such right or provision. The section headings and subheadings
contained in this Agreement are included for convenience only, and shall
not limit or otherwise affect the terms of this Agreement. This Agreement
shall be interpreted in accordance with the laws of the State of California
as if made in California by two residents of that state. This Agreement
constitutes the entire agreement between Cybernetic Live and you with
respect to the subject matter hereof
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