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Terms of Service:

Please check the GuiXT account information you've entered above (feel free to change anything you like), and review the Terms of Service below.

 

 

 

 

Your access and use of the Site and Synactive / GuiXT’s Examination ("site") are subject to the following terms and conditions of use and all applicable laws. Accessing and browsing in the site signifies your acceptance, without limitation or qualification, of the Terms and Conditions of Use. We may revise these Terms and Conditions by updating this posting at any time, for any reason, without notice. You are bound by any such revisions and should periodically visit this page to review the then current Terms and Conditions of Use to which you are bound. Your use of the site after any revised posting to these terms and conditions of service constitutes YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE AND USE as modified. If you do not accept the terms and conditions of service and use, you may not use the site. 1. Your Agreement. You represent you have read and agree to be bound by the terms and conditions of service and use for the site. 2. Intellectual Property. Assume everything you see or read on the Site is protected by U.S. copyrights, international treaties, and/or other proprietary rights and laws of the U.S. and other countries unless otherwise noted and may not be used without our prior written permission. You agree to abide by all copyright notices or restrictions contained herein. The trademarks, logos, and service marks used in the site are trademarks of their respective owners. Nothing contained on the site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark displayed on the site without our express written permission or such third party that may own the trademark. We neither warrant nor represent your use of materials displayed on the Site will not infringe on the rights of third parties not owned by or affiliated with us. You are advised that we will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, seeking criminal prosecution. 3. Restrictions on Use. You may not use the site for any illegal purpose or in any manner inconsistent with the TERMS. You agree to use the site solely for your own personal, noncommercial use. You agree not to use, duplicate, transfer, sell, distribute, or dispose of any information contained in the site in any manner. You acknowledge the site has been developed, compiled, prepared, revised, selected and arranged through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets. You agree to protect the proprietary rights during and after the term of this agreement and to comply with all reasonable written requests made or its suppliers of content, equipment or otherwise to protect their contractual, statutory and common law rights. You agree to notify us in writing promptly upon becoming aware of any unauthorized access or use of the site by any party or of any claim that the site infringes upon any copyright or other contractual, statutory or common law rights. 4. Further Restrictions on Use. You may not modify, copy, reproduce, recompile, decompile, license, disassemble, reverse engineer, reverse compile, translate, distribute, publish, republish, display, perform, upload to, create derivative works from, transmit, re-post, transfer, sell, or in any way exploit any part of the site, except you may download material from the site and/or make one print copy for your own personal, noncommercial use, provided you retain all copyright and other proprietary notices. The analysis and presentation included in the site may not be recirculated, redistributed or published by you without our prior written consent. Modification of the site's content would be a violation of our copyright and other proprietary rights. Additionally, you may not offer any part of the site for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, computer network, or hyperlink framing on the internet without our prior written consent. The site may not be used to construct a database of any kind. Nor may the site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the site. You may not use the site in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of our copyright in any manner which creates the impression such information belong to or are associated with you or are used with our consent and you acknowledge you have no ownership rights in and to any of the information. You are not permitted to copy, broadcast, store, download, show to any other person, distribute, transmit, modify, reuse, use, change or adapt in any way the content of these web pages for commercial or any other public purpose whatsoever without express prior written permission. Any reproduction, redistribution or copying of the information not in accordance with the TERMS of use is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 5. License. You acquire absolutely no rights or licenses in or to the site and materials contained therein other than the limited right to utilize the site in accordance with the TERMS. Such download is licensed to you ONLY for your own personal, noncommercial use in accordance with the TERMS. 6. Permission to use the Synactive / GuiXT Examination. Permission to use the Synactive / GuiXT Examination is granted only if you use an authorized (paying for or where we provide you a copy) copy. You must agree to (1)retain the copyright notice on your copy, (2)not make more than one copy for your own information and personal, non-commercial use, (3)you will not show the information to any other person, and (4) no modification of any Synactive / GuiXT Examination is made. Use for any other purpose is expressly prohibited by law. You will be deemed to have purchased only a non-exclusive license to use the Content solely for your own benefit. You will have the right to make one copy of the ebook solely for the purpose of use by you for archival purposes, but you may not make any further copies of the Content or disseminate the Content to any third parties. You may not allow, authorize, or permit the Content (or any copy thereof) to be transferred in any form (whether through the Internet, on a disk, or on a hard copy and whether by a loan, lease, license, or sale) to any third party. In addition, you must comply with any terms and conditions posted on the site as a condition precedent to reading an Synactive / GuiXT Examination. All intellectual property rights in the Content, including, without limitation, all copyright, trademark, and patent rights therein, will remain owned at all times. Any breach of this paragraph by any Buyer will automatically terminate that Buyer's rights as a User and that Buyer's right to use the Content. 7. Rights to User's Material. 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 nonconfidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. We are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products based on such information without any compensation to you. However, you agree and understand we are not obligated to use any such ideas or materials and you have no rights to compel such use. You are prohibited from engaging in any interstate communications in violation of 18 USC Section 875. You are also prohibited from sending us emails containing your advertising services. Such emails will not be read and are contrary to these terms of use. 8. Additional Legal Disclaimers. The content and site could include inaccuracies, errors, omissions or typographical errors. We may make improvements or changes in the information at any time. No abbreviation or acronym contained in the Information holds itself out to be the sole or correct interpretation of the law. The site is not considered legal advice. The site only provides educational information. In view of the possibility of error by the creators and producers of the site, neither we nor any other party involved in the preparation of material represents or warrants the information is in every respect accurate or complete, and they are not responsible for any errors or omissions or for the results obtained from the use of such material. Readers are encouraged to confirm the information contained herein with other sources. The information is not intended to replace legal advice offered by attorneys. We make no representations or warranties with respect to any application of law by any person following the information offered or provided within or through the site. 9. Your Purchase Information. You warrant you will represent your true identity to us and agree to provide us with complete and accurate purchase and email information. We retain the right of claims for compensation in respect of damages which occur pursuant to this paragraph. You agree that this claim will also extend to all costs which we incur in prosecuting or defending itself, including attorney's fees and expenses. 10. Viewing Synactive / GuiXT Examinations. By downloading or obtaining a Synactive / GuiXT Examination, you agree you have reviewed this Agreement, understand its contents, and agree to be bound by the terms and conditions of the Agreement. 11. Fees. You pay no fees to use, view and/or download the Synactive / GuiXT Examination. 12. Rights Reserved. All present and future rights in and to trade secrets, copyrights, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the site shall, at all times be and remain our sole and exclusive property. All present and future rights in and title to the site are reserved to us for its exclusive use. Except as specifically permitted by the TERMS, you may not copy or make any use of the site or any portion thereof. Except as specifically permitted herein, you shall not use the trade dress, logos or titles of the site, or contributor to, the site, or any variations or derivatives thereof, for any purpose, without our prior written approval. 13. Disclaimers of Warranties and Liabilities. You agree your use of the site is at your sole risk and acknowledge the site and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and we make no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. You agree we shall have no responsibility or liability for (i) any injury or damages, whether caused by our negligence, our agents, suppliers or otherwise arising in connection with the site and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against us by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the site caused by your computer equipment. Any link (including hyperlinks, buttons or referral devices of any kind) used on this Site is provided for the use and convenience of the visitor. The appearance of a link on this Site does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion the site linked has any relationship with us. We do not (a) make any warranty, express or implied, with respect to the use of the links provided on the site, (b) make any endorsement, express or implied, of any other sites, goods or services that may be linked to the site. You understand third-party contributors to the site may choose at any time to inhibit or prohibit their content from being accessed under the TERMS. 14. Further Disclaimer and Limitation of Liability. You acknowledge (i) the site is provided for education and informational purposes only and is not intended for any other purpose, (ii) We make no warranties or representations as to the accuracy, reliability, completeness or timeliness of the site or results to be obtained from accessing and using our information, and (iii) the provision of certain parts of the site is subject to the terms and conditions of other agreements to which we are a party. While we use reasonable efforts to include accurate and up-to-date information in the Site, we shall not be liable to any user or other person for any inaccuracy, error or omission, regardless of cause, in the site or from any delays, errors or interruptions in transmission or delivery of the site, or from the user's printer errors, or any loss or damage arising therefrom. 15. Limitation of Liability. YOUR USE OF AND BROWSING THE SITE OR ANY HYPERLINKED SITE ARE AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, TO NEGLIGENCE, SHALL THE SITE AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR PROGRAMS OR BUSINESS INTERRUPTION ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, OR ANY HYPERLINKED SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SITE OR ANY PROVISION OF THE TERMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MATERIAL ON THE SITE IS PROVIDED TO YOU "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 OF THIRD PARTY RIGHTS. Note some jurisdictions may not allow the exclusion of implied warranties; so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding exclusion of implied warranties. THE SITE ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES, WORMS, TROJAN HORSES OR OTHER ITEMS OF A DESTRUCTIVE OR INTRUSIVE NATURE THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT OR IMAGES FROM THE SITE. In no event shall our total liability to you for all damages, losses, and causes and action (whether in contract or tort, including but not limited to negligence) exceed the amount paid by you, if any, for accessing this site. 16. Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless our site, and its representatives, Suppliers, and agents, against any claim, suit, action, or other proceeding brought against them by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with you and the site, including without limitation (i) your use or someone using your computer' containing our materials; (ii) a violation of the TERMS by you or anyone using your computer containing our materials; (iii) a claim that any use of the site by you or someone using your computer containing our materials infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions, or alterations to, or any unauthorized use of, our materials by you or someone using your computer containing our materials; (v) any misrepresentation or breach of representation or warranty made by you regarding our materials; or (vi) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim. You will cooperate as fully as reasonably required in our defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our written consent. 17. Termination. Either of us may terminate the TERMS with or without cause at any time and effective immediately subject to the conditions contained in this paragraph. These TERMS will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of these TERMS. Upon termination by you or upon notice of termination, you must discontinue use of our materials and promptly destroy all our materials and any copies thereof. Sections two through eighteen (2-18) and twenty (20) shall survive any termination of the TERMS. 18. Governing Law. The Terms and Conditions of Use are to be governed by and construed under the laws of the State of Minnesota, U.S., Hennepin County, without regard to conflicts of laws provisions, and you agree that any disputes in connection with this agreement or its enforcement shall be resolved in a federal or state court located in Hennepin County, Minnesota. 19. Access Outside the United States. If you choose to access the site from outside the U. S., you are responsible for compliance with foreign and local laws. Synactive / GuiXT Examinations from the Site are further subject to United States export controls and may not be downloaded, exported, or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, or Syria, Sudan, or any other country to which the U.S. has embargoed goods or (ii) to anyone on the U.S. Treasury Department's Table of Deny Orders. By using the site, you represent and warrant that you are not located in, controlled by, or a national or resident of any such country or on any such list. 20. Headings. The section titles in the TERMS are used solely for the convenience of you and us and have no legal or contractual significance. 21. Severability. If any provision of the TERMS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force. 22. Contact Information. The designated agent to receive notification of any claims of copyright infringement under Title II of the Digital Millennium Copyright Act is Lori J. Sklar at E-mail: lsklar@lorisklar.com. 23. Not Legal Advice. The information contained on this web site and any other web site has been prepared as a service to its readers and the Internet community and is not intended to constitute legal advice. We used reasonable efforts in collecting, preparing and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained in or linked to our web sites. Users of information from our web sites or links do so at their own risk.