TERMS AND CONDITIONS
The following terms and conditions ("Terms and Conditions")
govern your use of this Web site, and by accessing, viewing, or using
the material on the Web site, you indicate that you understand and intend
these Terms and Conditions to be the legal equivalent of a signed, written
contract, and equally binding, and that you accept such Terms and Conditions
and agree to be legally bound by them. If you do not agree with the
Terms and Conditions, you are not granted permission to use the Web
site and should exit immediately.
1. Proprietary Rights.
All material contained in this Web site is protected by law, including
but not limited to, United States copyright law. Except as indicated,
Cundy, Inc. ("Cundy") is the owner of the copyright in the
entire content (including images, text and look and feel attributes)
of www.cundy.com and reserves all rights in that regard. Removing or
altering the copyright notice on any material on the Web site is prohibited.
Cundy also owns a copyright in this Web site as a collective work and/or
compilation, and in the selection, coordination, arrangement, organization
and enhancement of Web site content. Any commercial use of the Web site
content is prohibited without the prior written consent of Cundy. Except
as indicated, Cundy owns all trademarks, service marks or other logos
featured on the Web site. Use or misuse of these trademarks, service
mark or logos is expressly prohibited and may violate federal and state
law. Please be advised that Cundy actively and aggressively enforces
its intellectual property rights to the fullest extent of the law.
2. No Medical Services or Advice
The information contained in this Web site is general in nature and
is not a substitute for professional health care. If you have specific
health care needs, you should consult an appropriate health care professional.
3. Content and Links to Other
Web Sites
Any information available through this Web site, but not identified
as being prepared by Cundy, (including information accessed through
a Web site referenced or linked from this Web site), is provided for
your information and convenience only. Cundy has not evaluated and does
not guarantee the accuracy or completeness of any such information,
and such information is not endorsed by Cundy.
4. Privacy Statement
Cundy strives to protect control of this Web site, within the constraints
of current Internet technology. You must be aware, however, that it
is possible that third parties may obtain unauthorized access to this
Web site. You agree to use this Web site and submit information at your
own risk. You agree that Cundy has no liability with respect to any
unauthorized access by third parties.
5. Disclaimer of Warranty and
Liability.
USE OF THIS WEB SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER CUNDY NOR
ITS AFFILIATES ARE RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY
INFORMATION CONTAINED IN OR SUBMITTED TO THE WEB SITE, AND THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THESE MATERIALS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
CUNDY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST
REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO,
OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE
TOTAL LIABILITY OF CUNDY TO YOU EXCEED THE PRICE PAID FOR USE OF THE
WEB SITE.
6. Indemnification.
You agree to defend, indemnify, and hold harmless Cundy, its affiliates
and subsidiaries, and all of their respective directors, officers, employees,
representatives, proprietors, partners, shareholders, servants, principals,
agents, predecessors, successors, assigns, and attorneys from and against
any and all claims, proceedings, damages, injuries, liabilities, losses,
costs, and expenses (including attorney's fees and litigation expenses)
relating to or arising from your use of the Site and any breach by you
of these Terms and Conditions.
7. Governing Law and Jurisdiction.
These Terms and Conditions will be governed by and construed in accordance
with the laws of the State of Florida, without reference to its choice
of law rules. By accessing, viewing, or using the material on the Web
site, you consent to the jurisdiction of the federal and state courts
presiding in Miami, Florida, and agree to accept service of process
by mail and hereby waive any and all jurisdictional and venue defenses
otherwise available. This Web site is controlled and operated by Cundy
from its offices within the United States. Cundy makes no representation
that materials in the Web site are appropriate or available for use
in other locations, and access to them from territories where their
contents are illegal is prohibited. Those who choose to access this
Web site from other locations do so on their own volition and are responsible
for compliance with applicable local laws.
8. Integration and Severability.
These Terms and Conditions constitute the entire agreement between you
and Cundy with respect to your use of the Web site. If any part of these
Terms and Conditions is held to be invalid or unenforceable for any
reason, the remaining parts will remain in full force and effect. You
acknowledge that, in providing you access to and use of the Site, Cundy
has relied on your agreement to be legally bound by these Terms and
Conditions.