Welcome to the Cyberun website on the World Wide Web. Please review the
Cyberun website Terms of Use, which govern your use of our website. By
accessing, browsing, or using this website, you acknowledge that you have
read, understand these Terms of Use and Privacy Statement and you agree
to be unconditionally bound by these Terms of Use. If you do not agree
to these Terms of Use, then you may not use the website.
Cyberun controls and operates this website from its offices within Canada.
Claims relating to, including the use of, this website and the materials
contained herein are governed by the laws of Ontario and Canada. If you
choose to access this website from another location, you do so on your
own initiative and are responsible for compliance with applicable local
laws.
This website is offered to you conditional upon your acceptance of the
terms and conditions set out below, as well as any amendments or additional
terms, policies or procedures published on this website from time to time
by Cyberun Corp. ("Cyberun"). You should check these terms and
conditions from time to time to keep informed of any such amendments or
additions.
By accessing and using this website, you are deemed to have agreed to
these terms and conditions. Cyberun shall have the right at any time to
change or discontinue any aspect or feature of this website, including,
but not limited to, content, hours of availability, and equipment needed
for access or use.
Your use of this website and any content you choose to download is at
your own risk. If your use of this website or the materials therein results
in any loss or damage to data or in the need for servicing or replacing
property, material or equipment, or any other damage whatsoever, Cyberun
is not responsible for those costs.
Some of the information on this website may contain projections or other
forward- looking statements regarding future events or the future financial
performance of Cyberun. We wish to caution you that these statements are
only predictions and that actual events or results may differ materially.
Documents may contain and identify important factors that could cause
the actual results to differ materially from those contained in our projections
or forward-looking statements.
1 . Website Contents, Ownership and Use Restrictions:
Copyright © 1999-2002 Cyberun Corp.. All rights Reserved.
Unless otherwise indicated, Cyberun Corp. ("Cyberun') either owns
the intellectual property rights in the underlying HTML, illustrations,
images, designs, icons, text audio clips, presentations, flash demonostrations,
video clips and other content on our website (including the organization
and layout of this site), or has obtained the permission of the owner
of the intellectual property in such content to use the content on our
website. No reproduction, distribution, or transmission of the copyrighted
materials at this site is permitted without the prior written permission
of Cyberun.
All contents are protected by Canadian, U.S. and international copyright
laws and conventions. The name Cyberun and VirtualSAFE and
the Cyberun and VirtualSAFE logos are registered marks of
Cyberun. The collection and compilation of the contents of the website
are separately protected and copyrighted works that are owned exclusively
by Cyberun. No trademark or service mark license is granted in connection
with any of the Contents on the website.
2. Limited License
Cyberun grants to you a strictly limited license to display on your
computer, print, download and use a single copy of the underlying HTML,
text, audio clips, video clips and other content on our website for
noncommercial (personal or educational) purposes only, provided that:
- you do not modify any such content; and
- you include with and display on each copy of such content the associated
copyright notice and this limited license.
No other use is permitted. Without limiting the generality of the foregoing,
you may not:
- make any commercial use of such content;
- include such content in or with any product that you create or distribute;
- copy such content onto your or any other person's web site; or
- distribute it to anyone whatsoever.
Notwithstanding the above, nothing contained in this license shall
be construed as conferring, any right under any copyright of Cyberun
or any other person who owns the copyright in content provided on our
website.
3. Site Security
Users of the Cyberun website are strictly prohibited from violating or
trying to violate the security features of the website, such as by (1)
accessing data not intended for that user or logging onto a server or
an account which the user is not authorized to access; (2) attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures unless we expressly authorize
that user to do so in writing; (3) attempting to interfere with service
to any user, host or network, such as by means of submitting a virus to
the website, overloading, "flooding," "spamming,"
"mail bombing" or "crashing;" (4) sending unsolicited
email, including promotions and/or advertising of products or services;
or (5) forging any TCP/IP packet header or any part of the header information
in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. Any occurrences will be investigated that may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations. By using the
Cyberun website, you hereby agree not to use any device, software or routine
to interfere or try to interfere with the proper working of this website
or any activity being conducted. You further agree not to use or try to
use any engine, software, tool, agent or other device or mechanism (including
browsers, spiders, robots, avatars or intelligent agents) to navigate
or search the website other than the search engine and search agents which
we make available on this website and other than generally available third
party web browsers like Netscape Navigator or Microsoft IE.
4. Liability Disclaimer
CYBERUN IS PROVIDING THIS WEBSITE AND ITS CONTENT ON AN "AS IS"
BASIS AND MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
CYBERUN DOES NOT WARRANT THE QUALITY, ACCURACY OR COMPLETENESS OF ANY
CLAIMS, STATEMENTS OR INFORMATION ON OUR WEBSITE. FURTHER, CYBERUN MAKES
NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION OR
PRODUCT CONTAINED OR OFFERED ON THIS WEBSITE FOR ANY PURPOSE. ALL INFORMATION
IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
THIS WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. IN NO EVENT
SHALL CYBERUN BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT OR,
INDIRECT DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS
WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY
INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR
OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT,
TORT, (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF THERE IS A FUNDAMENTAL
BREACH OR IF CYBERUN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
5. Limitation of Liability
IN NO EVENT SHALL CYBERUN OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, SUPPLIERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR
ANY OTHER PERSON FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE,
DATA, PROFITS OR GOODWILL, BUSINESS INTERRUPTION, OR COMPUTER FAILURE
OR MALFUNCTION, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT
NOT LIMITED TO CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORTUOUS
ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO
USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE.
Liability is limited on statements regarding future events, products
or the future financial performance of the Company. We wish to caution
you that these statements are only predictions and that actual events
or results may differ materially. We refer you to the documents the Company
files from time to time. These documents contain and identify important
factors that could cause the actual results to differ materially from
those contained in our projections or forward-looking statements and product
directions.
6 . Links to Third Party Sites
This website contains hyperlinks to websites operated by parties other
than Cyberun. Such hyperlinks are provided for your reference only. Cyberun
does not control other third party websites and is not responsible for
their content. No endorsement of any third-party products or services
is expressed or implied by any information, material or content referred
to or included on, or linked from or to this website. Cyberun performs
no independent investigations and/or verification of information provided
by other third parties linked to this site and assumes no responsibility
for the accuracy of any information provided by the linked sites. Cyberun
is not responsible for the privacy policies of these organizations. We
encourage you to review their respective privacy statements as they may
be different from ours.
Cyberun does not warrant the condition of merchandise advertised, the
character of the third parties, the advertised rates, or any claims made
by the third parties about the locations, configurations and suitability
of merchandise advertised. Your access and use of such other sites, including
information, material, products and services herein, are solely at your
own risk. Furthermore, our privacy policy statement is applicable only
when you are on our website. Once linked to another website, you should
read that site's privacy policy before disclosing any personal information.
7. Submissions
Cyberun welcomes your comments regarding this website. Unfortunately,
Cyberun will not accept or consider creative ideas, suggestions or materials
other than those it has specifically requested. Accordingly, we ask that
you do not send us any such materials. If, despite this request, you do
send us creative materials or other information, you agree not to assert
any ownership right or legal right to or control over your submission
(including, but not limited to, copyright, trade mark, moral rights, or
implied contract) and you waive the right to receive any financial or
other consideration in connection with such unsolicited submission including,
but not limited to, an acknowledgment or credit.
You agree that upon posting material on the Cyberun website, you grant
Cyberun and its successors and assigns a non-exclusive, worldwide, royalty-;free,
perpetual right and license under your copyright to use, adapt, publish,
distribute, translate, reproduce and create works derived from or based
upon such material in any and all media, without any duty to account to
you. In addition, you irrevocably waive all of your moral rights as author
in respect of such information, however arising.
You shall use this website for lawful purposes only. You shall not use
this website to do any of the following:
- post, store, transmit, download or distribute any threatening, abusive,
libelous, defamatory, obscene, or legally objectionable materials of
any kind, including anything constituting or encouraging a criminal
offense, giving rise to civil liability, or otherwise violating any
laws;
- post any nonpublic information about companies without the proper
authorization to do so;
- provide false information on your registration, or impersonate someone
else;
- post, transmit or otherwise distribute any materials that contain
a virus, Trojan horse, worm, or other harmful or disruptive component;
or
- upload, post, transmit or otherwise distribute or reproduce any information,
software or other material protected by copyright, or other intellectual
property without the permission of the copyright owner or the holder
of the right.
Cyberun reserves the right for any reason to remove without notice any
content of this website received from you, including without limitation
bulletin board postings. Cyberun reserves the right to deny, in its sole
discretion, any person access to this website or any portion thereof without
notice, Cyberun reserves the right to edit any notices of postings for
clarity and length.
8. Indemnification
You agree to defend, indemnify and hold harmless Cyberun, its affiliates
and their respective directors, officers, employees and agents from and
against all claims and expenses, including lawyers' fees, arising out
of your use of this website.
9. Monitoring
Cyberun shall have the right, but not the obligation, to monitor the
content of this website, including chat rooms and forums, to determine
compliance with these TERMS OF USE and any operating rules established
by Cyberun and to satisfy any law, regulation or authorized government
request. Cyberun shall have the right, in its sole discretion, to edit,
refuse to post or remove any material submitted to or posted on this website.
Without limiting the foregoing, Cyberun shall have the right to remove
any material that it, in its sole discretion, finds to be in violation
of the provisions hereof or otherwise objectionable.
10. Termination
Without limiting the foregoing, Cyberun shall have the right to immediately
terminate your access to this website in the event of any conduct by you
which Cyberun, in its sole discretion, considers to be unacceptable, or
in the event of any breach by you of these Terms of Use.
11. Governing Law
This site is created and controlled by Cyberun in the Province of Ontario,
Canada, As such, the laws of the Province of Ontario, and the federal
laws of Canada applicable therein, shall govern these disclaimers, terms
and conditions, without giving effect to any principles of conflicts of
law. Cyberun reserves the right to make changes to its site and these
disclaimers, terms and conditions at any time.