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| Goals: |
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It is the goal of the Xybernaut Corporation to preserve the privacy and security of our customers and maximize the Internet as a sales and marketing tool.
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| Interpretation: |
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The provisions of this Policy are intended as a guideline and are not meant to be exhaustive as to matters that Xybernaut Corporation considers inappropriate or illegal use of its Web Site. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether expressly mentioned in this Policy, is prohibited. Xybernaut reserves the right at all times to prohibit activities that damage or are intended to damage its commercial or reputation and any of the associated goodwill.
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| Forgery of Identity: |
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Falsifying address information or otherwise concealing identity, for the purpose of circumventing this Policy is prohibited. This provision is not intended to disallow the use of aliases for any legitimate purpose or otherwise. Falsely representing an agent of the Xybernaut Corporation is unlawful whether in person, via phone, e-mail, postings to bulletin boards, or chat rooms.
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| Modification: |
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Xybernaut Corporation reserves the right to add, delete, or modify any term or provision of this Policy at any time with or without prior notice. Please send reports of any activity of which you have knowledge that you believe to be in violation of any part or provision of this Policy. Xybernaut Corporation reserves the right to pursue legal action against identified persons for their actions which violate this Policy and/or cause damage to Xybernaut.
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| Use of Xybernaut Materials: |
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Materials on this Web Site may be used, copied or distributed for personal, non-commercial informational purposes only. All copies made of the Material must include copyright, trademark, or other proprietary notice found on the Web Site where Material was found. Any other copies are strictly prohibited. Except for the limited rights expressly granted hereby, users are not being granted any license or any other rights nor shall they acquire any such license or right under any copyright, trademark, tradename, patent (including, without limitation, application for the foregoing), or any other intellectual property right, trade secret or other proprietary right in any of the Materials or the products, services, or technology described on this Web Site or in any way associated therewith. All such rights are retained by Xybernaut, its subsidiaries, or any third party owner of such rights.
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| Use of Marks: |
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Xybernaut's names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Xybernaut Corporation or its subsidiaries. You are not authorized to use any Xybernaut name or mark or slogan in any advertising, publicity, or in any other manner, commercial or otherwise, without prior written consent of Xybernaut. For further information, please contact Xybernaut Legal Department at 703-480-0480.
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| Use of Information Provided by Xybernaut: |
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Any comments, data suggestions, questions, or the like, which you send to Xybernaut will be treated as non-confidential and non-proprietary. Xybernaut assumes no obligation to protect this information from disclosure and may copy, distribute, or use such information without limitation or notification.
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| Disclaimer: |
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Material on the Xybernaut Web Site may include inaccuracies or typographical errors. Xybernaut reserves the right to make changes and updates to any information contained on the Web Site without prior notice.
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XYBERNAUT CORPORATION AND ITS SUBSIDIARIES DISCLAIM ALL ENDORSEMENTS, WARRANTIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS WEB SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. XYBERNAUT AND ITS SUBSIDIARIES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, PRODUCT OR SERVICE DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER.
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IN NO EVENT SHALL XYBERNAUT OR ITS SUBSIDIARIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR BUSINESS OPPORTUNITIES) OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, WHETHER IN AN ACTION, SUIT OR OTHER PROCEEDING IN THE NATURE OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS WEB SITE OR THE INTERNET GENERALLY. THE USER OF THIS WEB SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEB SITE AND THE INTERNET GENERALLY.
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