January 2004
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USER AGREEMENT
N-Cycles, Inc. (the "Company") offers this web site as a service to customers and potential customers. The terms and conditions contained in this User Agreement govern your use of this web site. As your use of this site indicates that you agree and consent set forth below, please review them carefully before you use the site. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE COMPANY'S WEB SITE. All Rights Reserved. Except as expressly provided in this User Agreement, the Company does not grant any express or implied rights to you under any patent, copyright, trademark or trade secret laws. Copyright Ownership. All of the materials on the Company's web site are copyrighted and protected under domestic and worldwide copyright laws, including treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without prior written permission of the Company. Hypertext Link: You may provide a hypertext link to this web site on another web site, provided the following conditions are met: (a) the link points to the URL http://www.ncycles.com and not to the pages within the site; (b) the appearance, position or other aspects of the link do not create a false impression that the Company is associated with, or endorses, another web site, company or product; (c) the link does not dilute or damage the Company's trademarks, service marks or goodwill; (d) the link does not display the Company's web site with frames. The Company may revoke its consent to the link at any time in its sole discretion. Disclaimer of Warranties. THE MATERIALS ACCESSIBLE FROM OR ON THIS WEB SITE ARE PROVIDED "AS IS," AND THE COMPANY EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. Limitation of Liability. THE COMPANY SHALL NOT BE LIABLE, WHETHER BASED IN TORT OR CONTRACT ON ANY LEGAL THEORY, FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED ON THE WEB SITE. Privacy Statement. The Company will not maintain any records regarding who visits its web site. The Company does not employ cookies or other means to track your use of the web site. If you transmit personal information to the Company (e.g. request further information about the Company's products), it will protect your privacy by limiting employee access to such information and not allowing third parties to use the information. You agree not to send the Company any information that you consider being confidential or proprietary. Governing Law. The laws of Tennessee shall govern this User Agreement. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Shelby County, Tennessee, and further waive any right to a trial by jury for all claims arising out of or relating the use of the Company's web site.