Terms & Conditions
© Copyright 2023 Cybalt. All rights reserved.
1. Acceptance of Terms of Use
This website (this "Site") has been developed by Cybalt. By accessing and using this Site, you agree to abide by these terms and conditions of use ("Terms of Use"). If you do not agree to abide by these Terms of Use, do not use this Site. Cybalt reserves the right to modify these Terms of Use from time to time in its sole discretion by updating this page. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use. In case of any violation of these Terms of Use, Cybalt reserves the right to seek all remedies available at law and in equity for such violations.
2. Restrictions on Use of Content
All contents of this Site are protected by applicable law, including, without limitation, United States copyright law and international treaties. Except as otherwise expressly permitted herein, no portion of the materials on this Site may be reproduced in any form or manner without the prior written permission of Cybalt. You are not permitted to modify, distribute, publish, transmit or create derivative works of any materials found on this Site for any public or commercial purposes. No rights or license of any kind of Cybalt's intellectual property are transferred to, granted to, provided to or received by you because of your use of this Site. Cybalt may change, delete or add to the contents of this Site in Cybalt's sole discretion.
3. Government Restricted Rights
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials on this Site by the United States Government constitutes acknowledgement of Cybalt's proprietary rights therein.
4. Compliance With Applicable Laws
Your access to and use of this Site is governed by all applicable federal, state, local and international laws. All information available on this Site is subject to United States export control laws and may also be subject to the export/import or other applicable laws of the country where you reside. This Site is operated and controlled by Cybalt from its offices within the United States. Cybalt makes no representations that the contents of this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. If you access this Site from locations outside of the United States, you do so at your own initiative and are responsible for compliance with all applicable local laws.
5. Transmissions
Any data, materials or information that you transmit to or post on this Site may be used by Cybalt for any purpose whatsoever and shall not be treated as confidential or proprietary. Notwithstanding the foregoing, all personal data transmitted to Cybalt will be handled in accordance with Cybalt's then-current Privacy Policy. You agree not to submit to Cybalt (whether via this Site or by any other means) any data, materials or information which (i) libel, defame, invade privacy, or are obscene, pornographic or harassing, (ii) infringe any intellectual property rights, including, without limitation, copyrights, trademarks, trade secrets, patents or other intellectual property rights of any third party, (iii) violate any laws or regulations, (iv) advocate illegal activity or (v) advertise or otherwise solicit funds or are a solicitation for goods or services.
6. Disclaimers
This Site may contain inaccuracies and typographical errors. Cybalt does not warrant the accuracy, adequacy, completeness, legality, reliability or usefulness of any materials, statements, opinions, advice or other information on this Site. Any reliance on such information shall be at your own risk. Any reference on this Site to any specific third party or third party commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by Cybalt. Links from this Site to other third party websites do not constitute an endorsement from Cybalt and are provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of any materials or information obtained from this and other websites. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CYBALT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Please note that some jurisdictions do not allow the exclusions of implied warranties so some or all of the above exclusions may not apply to you. CYBALT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE, EVEN IF CYBALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY, INCLUDING, WITHOUT LIMITATION, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
7. Choice of Law and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Texas, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts situate in Dallas, Texas. If any provision of these Terms of Use is declared unlawful, void or, for any reason, unenforceable, then that provision shall be deemed severable from the other terms and shall not affect the validity and enforceability of the remaining provisions. In the event of any conflict between these Terms of Use and any term or statement elsewhere on this Site, these Terms of Use shall control and prevail.
8. Questions or Concerns
If you have questions or concerns about the proper use of this Site, please contact us.