The Service is available only to individuals who are at least 13 years. If you do not so qualify, do not attempt to use the Service. Cyfe may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
Cyfe reserves the right, at its sole discretion, to modify or terminate the Service or to modify this Agreement, at any time and without prior notice. If we modify the Service or this Agreement, we will post the modification on the Cyfe website (the “Site”) or provide you with notice of the modification. By continuing to access or use the Service after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to use the modified Service and/or to be bound by the modified Agreement. If the modified Service or Agreement is not acceptable to you, your only recourse is to cease using the Service. This Agreement was last revised December 20, 2011.
By using the Site and the Service, you consent to receiving electronic communications from Cyfe. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Site and Service. These electronic communications are part of your relationship with Cyfe and you receive them as part of your subscription to the Site and/or Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
In order to use the Service you must register to create an account (“Account”). During the registration process, you will be required to provide certain information to us and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Cyfe reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Cyfe of any unauthorized use of your Account. By signing up for Cyfe you agree that Cyfe may send you occasional emails relevant to your use of the Cyfe service.
The Cyfe Application and the Service are protected by copyright, trademark, and other laws of the United States and foreign countries. Cyfe and its licensors exclusively own all right, title and interest in and to the Cyfe Application and the Service, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Cyfe Application or the Service.
Termination and Account Cancellation
If you breach any of this Agreement, Cyfe will have the right to suspend or disable your Account or terminate this Agreement, at its sole discretion and without prior notice to you. Cyfe reserves the right to revoke your access to and use of the Service at any time, with or without cause. You may cancel your Account at any time by logging into the Cyfe Application. Upon any termination of this Agreement or cancellation of your Account, you must promptly destroy all originals and copies of the Cyfe Application in your possession or control and so certify in writing to Cyfe and cease any further use of the Cyfe Application and the Service.
Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under Cyfe’s control, and you acknowledge that Cyfe is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Cyfe or any association with its operators. You further acknowledge and agree that Cyfe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
THE CYFE APPLICATION AND THE SERVICE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CYFE DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CYFE MAKES NO WARRANTY THAT THE CYFE APPLICATION OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CYFE OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Cyfe, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or relating to: (i) your use of or access to the Cyfe Application or the Service: (ii) your breach of this Agreement; or (iii) your violation of applicable laws, rules or regulations in connection with your use of the Service.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE CYFE APPLICATION AND THE SERVICE REMAINS WITH YOU. NEITHER CYFE NOR ANY OTHER PARTY WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL), OR FOR THE COST OF PROCURING SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE CYFE APPLICATION OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CYFE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL CYFE’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE CYFE APPLICATION OR THE SERVICE EXCEED FIVE HUNDRED U.S. DOLLARS ($500). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CYFE AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Cyfe used herein are trademarks or registered trademarks of Cyfe. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Any action related to this Agreement will be governed by the State of Massachusetts law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Boston, Massachusetts, for the resolution of all disputes arising from or related to this Agreement and/or your use of the Cyfe Site, Application, or Service.
This Agreement constitutes the entire and exclusive understanding and agreement between Cyfe and you regarding the Cyfe Application and the Service, and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between Cyfe and you regarding the Service.
You may not assign or transfer this Agreement, by operation of law or otherwise, without Cyfe’s prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Cyfe may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to this Agreement, will be in writing and given: (i) by Cyfe via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Cyfe to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cyfe. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. If for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in full force and effect.
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