User Agreement

 

THE FOLLOWING USER AGREEMENT ("AGREEMENT") SETS FORTH THE TERMS ON WHICH USERS OF CYTAK, INC. CAN ACCESS OUR SERVICES AND THE CYTAK.NET WEB SITES. PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. BY ACCESSING CYTAK.NET, AND/OR THE CYTAK WEB SITE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS AGREEMENT AND AGREEING TO BECOME BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT ACCESS CYTAK.NET, SOFTDEVICES OR ANY OF ITS PAGES. IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS AND CONDITIONS, PLEASE SEND AN E- MAIL TO SUPPORT@CYTAK.NET
Cytak, Inc. (Cytak®) offers its users information about process and activity management services, product and technology information and the cytak.net-service (collectively, the "Services").

The Services are provided to you under the terms and conditions contained herein and in any operating rules or policies published from time to time by Cytak. This Agreement contains the entire agreement between yourself and Cytak and supersedes all prior agreements between the parties regarding the subject matter hereof. Please report any violations of this Agreement to support@CYTAK.net

Each user acknowledges and agrees that he or she must: (a) provide all equipment necessary to establish a connection to the World Wide Web; and (b) pay any service fees associated with such access. Each user understands that Cytak provides no assistance, including any technical or customer support, to the users, and that your use of any of the Services is at your own risk.

Our Services are available only to individuals who have the capacity to form legally binding contracts under applicable law. Without limiting the generality of the foregoing, you are not eligible to use the Services. IF YOU ARE UNDER 18, YOU CAN USE THIS SERVICE ONLY IN CONJUNCTION WITH YOUR PARENTS OR LEGAL GUARDIAN.

Modifications to Services

Cytak reserves the right to modify or discontinue, permanently or temporarily, any aspect of the Services for any reason, at its sole discretion, with or without notice to you. Cytak shall not be liable to you or any third party should Cytak exercise its right to modify or discontinue any or all aspects of the Services.


Modifications to the Agreement

Cytak may from time to time change the terms of this Agreement with or without notice to you. Any amendment shall be effective immediately when posted to this area of the site without notice. Your continued use of the Services following the posting of any such modification constitutes an affirmative: (a) acknowledgment by you of the Agreement as amended; and (b) agreement by you to abide and be bound by the Agreement as modified.


Information Provided

In consideration for your access to the Service, you agree to provide complete and accurate information when creating your account (the "User Information"). Without limiting the generality of the foregoing, you agree to: (a) provide current, complete, and accurate information when prompted to do so; and (b) maintain and update this information as required to keep it current, complete and accurate.

The User Information that you provide: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any copyright, patent, trademark, or other proprietary rights or rights of another company or individual; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be defamatory, trade libelous, unlawfully threatening or harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors, must be posted only in the appropriate section and shall be distributed only to people legally permitted to receive such content; (f) shall not contain any viruses, Trojan horses, worms, time bombs, or other computer programs that are intended to damage, interfere with, intercept or expropriate any system, data or personal information.

If any User Information that you provide is untrue, inaccurate, not current or incomplete, Cytak has the right to issue a warning, temporarily suspend, or terminate your membership and to refuse any and all current or future use of the Services.


Use of User Information

Cytak considers the User Information that its users include on the Service to be the private correspondence of its users, and Cytak holds the privacy and security of our site visitors and members alike in the highest regard. To this end, Cytak maintains a strict Privacy Policy concerning the personal data that you provide to us, which Privacy Policy is hereby incorporated by reference.

Generally, Cytak will not monitor or disclose User Information about a user or a user's private content, except to the extent that Cytak may do so in the good faith belief that such action is reasonably necessary: (a) to comply with law or court order; (b) as requested by other government or law enforcement authority; (c) to comply with legal process; (d) to enforce the terms of this Agreement; (e) to respond to claims that such contents violate the rights of third parties; and (f) to protect the interests of Cytak or others.

You hereby acknowledge and agree that Cytak does not endorse any of the content that is created or transmitted via the Services and that Cytak is not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.


Account, Password and Security

After you have become a member of the Services, you will be prompted to select a user ID and a personalized password. You are entirely responsible for your failure to maintain the confidentiality of your user ID and password and for any and all activities which occur under your user ID and password. You hereby agree immediately to notify Cytak of any unauthorized use of your user ID or any other breach of security known to you. In addition, your right to use the Services is personal to you. You agree not to resell or make any commercial use of the Services, without the express written consent of Cytak.


Use of Software and Service

If you use software from Cytak.net ("Software"), use of the Software is subject to the terms in the Service Agreement that you must acknowledge before purchasing any service plan.


Links To Other Web Sites

Links to third party Web sites on Cytak.net are provided solely as a convenience to you. If you use these links, you will leave Cytak.net. Cytak has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, Cytak does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites, you do this entirely at your own risk.


Indemnification

Each user hereby agrees to indemnify and hold harmless Cytak its parent, subsidiaries, affiliates, directors, officers, employees and agents from and against any and all losses, liabilities, claims, suits, proceedings, demands, judgments, damages, expenses, costs (including without limitation reasonable attorneys' fees), fines, penalties, response costs and costs of remediation incurred arising out of or in connection with your use of the Services, your violation of the terms of this Agreement, or the infringement by you or by any user of CYTAK.net using your computer of any intellectual property or other right of any person or entity.

Since Cytak is not involved with transactions between its users, in the event that you have a dispute with another user, you hereby release Cytak, its officers, directors, agents and employees from any and all claims, demands, and damages (actual and consequential) arising out of or in any way connected with such disputes. If you are subject to the laws of the State of California, you represent that you understand, comprehend and appreciate the meaning and significance of Section 1542 of the California Civil Code of the State of California and, having such understanding, comprehension and appreciation, hereby waive any and all rights you may have under said Section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor."


No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CYTAK MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, NOR DOES CYTAK MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.


Limitation on Liability

CYTAK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE SERVICE, (B) ANY MESSAGES RECEIVED, (C) TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, OR (D) UNAUTHORIZED ACCESS TO, OR ALTERATION OF THE USER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.


Termination

CYTAK MAY, AT ITS SOLE DISCRETION, IMMEDIATELY TERMINATE YOUR ACCOUNT SHOULD YOUR CONDUCT FAIL TO CONFORM WITH THIS AGREEMENT.


Miscellaneous Provisions

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. This Agreement shall be governed by and construed in accordance with the laws of the state of California, U.S.A., without regard to its conflicts of laws provision. Each user submits to jurisdiction in California. If one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. The failure by Cytak to enforce any of the provisions of this Agreement or its rights with respect thereto, shall in no way be considered to be a waiver of such provision or rights or in any way effect the validity of this Agreement.

Parental control protections, including as computer hardware, software, or filtering are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.worldvillage.com/wv/school/html/control.htm or other similar sites.