|
|
CYBERLAB LLC Terms and Conditions
of Use
|
PLEASE READ THIS SALE
AGREEMENT ("TERMS AND CONDITIONS OF USE") VERY CAREFULLY.
This Agreement
Customers should check this User
Agreement frequently. By visiting, browsing, shopping, accessing
or otherwise using the Site, you agree to this User Agreement
and all of its terms and conditions. These terms and conditions
are subject to change without prior notice at any time, at
CYBERLAB ONLINE's sole discretion. By visiting,
browsing, shopping, accessing or otherwise using the Site
after a change has been posted to the Site, the Customer accepts
that change.
The Contract Terms
This User Agreement, and all of its
terms and conditions, constitute a legal contract between
you and CYBERLAB LLC. ("CYBERLABONLINE").
(References to "you", "your" or other
party that visits, browses, shops, accesses or otherwise uses
the Site shall relate to a customer of CYBERLAB
LLC (the "Customer"); references to "CYBERLABONLINE"
shall relate to CYBERLAB LLC Inc. and its affiliates.)
By visiting, browsing, shopping, accessing or otherwise using
this site ("Site"), you acknowledge that you have
read, understood, and agree to be bound by this User Agreement
and comply with all applicable laws and regulations, including
U.S. export and re-export control laws and regulations. If
you do not agree to this User Agreement, as it may be changed
by CYBERLAB LLC from time to time, do not use
this Site. The material provided on this Site is protected
by law, including, but not limited to, United States copyright
law and international treaties. This Site is controlled and
operated by CYBERLAB LLC from its offices within
the United States. CYBERLAB LLC makes no representation
that materials in the Site are appropriate or available for
use in other locations, and access to them from territories
where their contents are illegal is not authorized. Those
who choose to access this Site from other locations do so
on their own initiative and are responsible for compliance
with applicable local laws. Any claim relating to, and the
use of, this Site and the materials contained herein is governed
by the laws of the state of Michigan without regard to conflict
of law rules. You consent to jurisdiction of the federal and
state courts located in Cook County, Michigan to hear any
such claims.
Copyrights
All trademarks and registered trademarks
are the sole property of their respective owners and the copyright
in all material provided on this Site is held by the original
creator of the material. Except as stated herein, none of
the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or
by any means, including, but not limited to, electronic, mechanical,
photocopying, recording, or otherwise, without the prior written
permission of the copyright owner.
Access
CYBERLAB LLC grants you
limited access for personal use of the Site and restricts
downloads (other than page caching) or modification of it,
or any portion of it, except as provided under "Restrictions
of Use," or with express written consent of CYBERLAB
LLC.
Restrictions of Use
The following activity on the Site
is expressly prohibited: Any non-personal or commercial use
of any robot, spider, other automatic device, or manual process
to monitor or copy portions of the Site or the content contained
herein without prior written permission by CYBERLAB
LLC; collection or use of any product listings, descriptions,
or prices, from the Site for the benefit of another merchant
that supplies products competitive with or comparable to those
offered on the Site; and, Any use of, visits to, or other
action that imposes an unreasonable or disproportionately
large load on the Site, or otherwise interferes with its proper
and timely functioning. You are allowed to display, copy,
distribute and download the materials on this Site for personal,
noncommercial use only, provided you do not modify the materials
and that you retain all copyright and other proprietary notices
contained in the materials. This permission terminates automatically
if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials.
You also may not, without CYBERLAB LLC's prior
written permission, "mirror" any material contained
on this Site. Any unauthorized use of any material contained
on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity, and communications regulations
and statutes.
Linking
You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page
of the Site so long as the link does not portray CYBERLAB
LLC, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You
may not use CYBERLAB LLC logo or other proprietary
graphic or trademark as part of the link without express written
permission. CYBERLAB LLC does not review or control
third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked
to or from the Site.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL CYBERLAB LLC BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT
NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE
USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE,
EVEN IF CYBERLAB LLC OR A CYBERLAB
LLC AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Arbitration
By accessing the Site and using the
information therein available and/or by purchasing any products
or services made available through this Site, you agree with
CYBERLAB LLC, its service providers, agents, employees,
successors, assigns, affiliates, parents, subsidiaries and
any content provider or offeror of goods or services on this
Site or through any other associated activity, that ANY CLAIM
OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE
THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES,
WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE,
INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT,
WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
under the Code of Procedure of ARBITRATION-FORUM.COM (the
"Code") in effect at the time the claim is filed.
The Code is available at http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding
any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration
Act (9 U.S.C. §§ 1-16) and the New York Convention
on the Enforcement of Arbitration Awards (9 U.S.C. §§
201-208 or as codified in the jurisdiction where enforcement
of the award is sought). Hearings shall be held as provided
by the Code and if any In-person Hearing is required, it shall
be held in Chicago, Michigan. Each party shall bear its own
cost of any legal representation, discovery, or research required
to complete arbitration.
Privacy
Please review our Privacy
Policy, which also governs your visit to this Site.
Account and Password
You are responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
If you are under 18, you may use the Site only with a parent
or guardian. CYBERLAB LLC reserves the right to
refuse service, terminate accounts, remove or edit content,
or cancel orders in its sole discretion.
Communications to CYBERLAB
LLC
Any communication or material you transmit
to 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 nonproprietary. Anything
you transmit or post may be used by CYBERLAB LLC
for any purpose, including but not limited to reproduction,
disclosure, transmission, publication, broadcast, and posting.
Furthermore, CYBERLAB LLC is free to use any ideas,
concepts, know-how, or techniques contained in any communication
you send to CYBERLAB LLC or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing
and marketing products using such information.
|
|