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AGREEMENT TO USE BEYOND IMAGING & GRAPHICS WEBSITES

PLEASE READ THESE TERMS OF AGREEMENT [AND PRIVACY STATEMENT] CAREFULLY BEFORE USING THESE SITES. By using these Sites (as hereinafter defined), you signify your assent to these terms. If you do not agree to these terms, please do not use the Sites.

RESTRICTIONS ON USE OF MATERIALS.
These Sites are owned and operated by BEYOND IMAGING & GRAPHICS and/or its subsidiaries (referred to as "BEYOND IMAGING & GRAPHICS," "we," "us," or "our" herein). No material from Beyondimaging.com or any other Web site owned, operated, licensed or controlled by BEYOND IMAGING & GRAPHICS ("Sites") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of BEYOND IMAGING & GRAPHICS´s copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other Web site or networked computer environment is prohibited.

In the event you download software from these Sites, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by BEYOND IMAGING & GRAPHICS. BEYOND IMAGING & GRAPHICS does not transfer title to the Software to you. You own the medium on which the Software is recorded, but BEYOND IMAGING & GRAPHICS retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS.
BEYOND IMAGING & GRAPHICS appreciates hearing from its customers and welcomes your comments regarding BEYOND IMAGING & GRAPHICS products, including BEYOND IMAGING & GRAPHICS´s on-line services. However, BEYOND IMAGING & GRAPHICS´s company policy does not allow it to accept or consider creative ideas, suggestions, inventions or materials other than those it has specifically requested. Accordingly, we must insist that you do not send us any such original creative materials. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, inventions, suggestions or materials.

If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of BEYOND IMAGING & GRAPHICS. None of the Information shall be subject to any obligation of confidence on the part of BEYOND IMAGING & GRAPHICS and BEYOND IMAGING & GRAPHICS shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, BEYOND IMAGING & GRAPHICS shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information. In addition, even if Information is provided at the request of BEYOND IMAGING & GRAPHICS, unless expressly stated otherwise in such request for Information from BEYOND IMAGING & GRAPHICS, all such information shall be subject to the ownership and other provisions set forth above.

CONTESTS.
All participants in any games, quizzes, contests or other such activities contained on any BEYOND IMAGING & GRAPHICS Sites must be eighteen (18) years of age or older to enter.

JURISDICTIONAL ISSUES.
These Sites are controlled and operated by BEYOND IMAGING & GRAPHICS from its offices within the State of New Jersey, United States of America. BEYOND IMAGING & GRAPHICS makes no representation that materials in the Sites are appropriate or available for use in other locations. Those who choose to access these Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software and technical data from these Sites are further subject to United States export controls. No software or technical data from these Sites may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, The Federal Republic of Yugoslavia )Serbia and Montenegro) or any other country subject to United States economic sanctions; or (ii) to anyone on the U.S. Treasury Department´s list of Specially Designated Nationals and Blocked Persons, or the U.S. Commerce Department´s Denied Persons Lists, or the U.S. Commerce Departmentís Entity List. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

In addition, please note that the Sites are intended for use only by U.S. residents. BEYOND IMAGING & GRAPHICS acknowledges the global reach of the World Wide Web, however, countries outside the United States may have other legal or regulatory requirements which require reference to different or additional information. Therefore, the Sites may not be appropriate for use outside the United States or by anyone other than an U.S. resident.

TERMINATION.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all BEYOND IMAGING & GRAPHICS Site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from BEYOND IMAGING & GRAPHICS if in BEYOND IMAGING & GRAPHICS´s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this Site and any and all other BEYOND IMAGING & GRAPHICS Site(s) and all copies thereof, whether made under the terms of this Agreement or otherwise. BEYOND IMAGING & GRAPHICS reserves the right to alter or delete material from these Sites at any time and may, at any time, revise the terms of this Agreement by updating this posting. You are bound by any such revision and should therefore periodically visit this page to review the then current terms of this Agreement.

DISCLAIMER.
These Sites may from time to time contain information relating to various medical, health and fitness conditions and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own physician or other medical professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult your own physician and medical advisors.

BEYOND IMAGING & GRAPHICS uses reasonable efforts to include accurate and up to date information in its Sites, BEYOND IMAGING & GRAPHICS makes no warranties or representations as to its accuracy. BEYOND IMAGING & GRAPHICS assumes no liability or responsibility for any errors or omissions in the content of Sites. BEYOND IMAGING & GRAPHICS has not reviewed all of the sites that may be linked to its Sites, and is not responsible for the content of any off-Site pages or any other sites linked to these Sites. Your linking to any off-Site pages is at your own risk.

Although BEYOND IMAGING & GRAPHICS may from time to time, monitor or review the discussions, chats, postings, transmissions, bulletin boards and other dialogue ("Dialogue") on its Sites, BEYOND IMAGING & GRAPHICS is under no obligation to do so and assumes no responsibility or liability arising from the Dialogue contained in its Sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within its Sites. BEYOND IMAGING & GRAPHICS does not monitor or review the content of any off-Site pages or any other sites linked to its Sites and assumes no responsibility or liability arising from the contents of such off-Site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information contained therein.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate the law.

THE MATERIALS IN THIS SITE AND ALL OTHER SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BEYOND IMAGING & GRAPHICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BEYOND IMAGING & GRAPHICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BEYOND IMAGING & GRAPHICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BEYOND IMAGING & GRAPHICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.
BEYOND IMAGING & GRAPHICS provides the contents of its Sites for informational purposes and for your general interest and entertainment only. By using the Sites you hereby agree not to rely on any of the information contained herein. Under no circumstances, including, but not limited to, negligence, shall BEYOND IMAGING & GRAPHICS be liable for your reliance on any such information nor shall BEYOND IMAGING & GRAPHICS be liable for any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or the inability to use, the materials in these Sites or the materials in any sites linked to these Sites, even if BEYOND IMAGING & GRAPHICS or a BEYOND IMAGING & GRAPHICS authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BEYOND IMAGING & GRAPHICS´s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing these Sites.

Other
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein.


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This site last updated July 9, 2003