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MYRIAD SYSTEMS, INC. TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY. BY USING THE MYRIAD SYSTEMS, INC. WEB SITE (THIS
"SITE"), YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE
TERMS, YOU MAY NOT USE THIS SITE.
As used in these Terms, "we," "our," "us" and "MYRIAD"
refer to Myriad Systems, Inc.
Changes to these Terms. WE MAY AMEND THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE
BY POSTING THE AMENDED TERMS ON THIS SITE. USE OF THIS SITE FOLLOWING ANY SUCH CHANGE
CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AS CHANGED. For this
reason, you should review these Terms whenever you use this Site. These Terms were
last revised on February 6, 2007.
Ownership and Use. Materials contained on or obtained through this Site, including,
but not limited to, text, graphics, images, data, audio and video (collectively,
the "Materials"), are owned or licensed by MYRIAD. MYRIAD and its third-party
licensors retain all proprietary rights in and to the Materials, including all intellectual
property rights associated therewith (e.g., copyrights, patents, trademarks, trade
secrets and know-how) and all broadcasting rights or other distribution rights associated
therewith. In addition, the entire content of this Site is copyrighted as a collective
work by MYRIAD. Unless otherwise expressly indicated on this Site, except for downloading,
storing, viewing and printing limited portions of the Materials for your own personal,
noncommercial use, you may not download, store, print, modify, copy, reproduce,
translate, perform, display, publish, create derivative works of, distribute or
otherwise use the Materials in any way, without the prior written permission of
MYRIAD.
You must retain all copyright, trademark and other proprietary notices contained
in the original Materials on any copy you make of the Materials. You may not frame
or utilize framing techniques to enclose all or any portion of this Site. You may
not use any metatags or any other similar hidden text utilizing MYRIAD's name or
trademarks.
We may, in our sole discretion, modify, add or discontinue any aspect, content or
feature of this Site.
Use Policies. You may not do any of the following while using this Site:
- interfere with or disrupt networks connected to this Site or violate the regulations,
policies or procedures of such networks;
- attempt to gain unauthorized access to this Site, computer systems or networks
connected to this Site, through password mining or any other means;
- interfere with another user's use and enjoyment of this Site;
- intentionally or unintentionally violate or encourage or assist another to violate
any law or regulation in connection with your use or another's use of this Site.
Submissions. We welcome comments regarding our service. However, any comments, feedback,
notes, messages, ideas, suggestions or other communications (collectively, "Comments")
submitted to us will be our exclusive property. Submission of any such Comments
constitutes an assignment to MYRIAD of all worldwide right, title and interest in
and to all copyrights and other intellectual property rights in and to the Comments,
and you represent and warrant that you have the right to make such an assignment
and that such Comments do not violate or infringe any rights of anyone. MYRIAD will
be entitled to use, reproduce, disclose, publish and distribute any Comments for
any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it
in other work in any form, media or technology now known or later developed, without
restriction and without compensating you in any way. For this reason, we ask that
you do not send us any Comments that you do not desire to assign to MYRIAD, including,
but not limited to, any confidential information or any original creative materials
such as stories, product ideas, computer code or original artwork.
DISCLAIMER OF WARRANTIES. THIS SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS,
AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY LAW, MYRIAD, ITS AFFILIATES AND ITS THIRD PARTY
LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN STATES DO NOT ALLOW DISCLAIMERS
OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE
OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You understand and expressly agree that use of this Site and the Materials is at
your sole risk and that this Site and the Materials may not be current, complete,
uninterrupted, accurate or error-free. We make no representation or warranty regarding
the use, validity, security, accuracy, currency, completeness, reliability or the
results from the use of this Site or the Materials and do not assume any liability
or responsibility for any errors or omissions in the Materials or any actions taken
or not taken in reliance upon the Materials. The Materials may contain typographical
errors or inaccuracies and may not be complete or current and, therefore, we reserve
the right to correct any errors, inaccuracies or omissions and to change or update
information at any time without prior notice.
LIMITATION OF LIABILITY. IN NO EVENT SHALL MYRIAD, ITS AFFILIATES OR ITS THIRD PARTY
LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO,
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,
OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, BUSINESS INTERRUPTION, LOSS
OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY
RELATING TO THESE TERMS, THIS SITE, THE MATERIALS (INCLUDING, BUT NOT LIMITED TO,
THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS), OR ANY INFORMATION, GOODS
OR SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE, EVEN IF MYRIAD HAS BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION
(INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN
STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION
OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification. You agree to defend, indemnify and hold harmless MYRIAD and its
affiliates and their officers, directors, employees and agents, from and against
any and all third-party claims, liability, actions, demands, costs or expenses (including,
but not limited to, attorneys' fees) arising from or relating to your use of this
Site or the Materials, material that you provide to MYRIAD, or your breach or violation
of these Terms. MYRIAD reserves the right to defend any such claim, and you agree
to provide MYRIAD with such reasonable cooperation as it may request.
Privacy Statement. Be sure to check our Privacy Statement to understand our practices.
The Privacy Statement is subject to these Terms and is incorporated by reference
herein.
Notice and Procedure for Claims of Copyright Infringement. We may, at our discretion
and in appropriate circumstances, terminate the accounts of users who infringe the
rights of copyright holders. If you believe that your work has been copied in a
way that constitutes copyright infringement, please provide our Designated Agent
the notice and information required by the Digital Millennium Copyright Act, including,
but not limited to, 17 U.S.C. § 512. Notification of claims of copyright infringement
relating to material on this web site should be sent to the following Designated
Agent:
Service Provider: Myriad Systems, Inc.
Address: 2627 East I-44 Service Road
Oklahoma City, OK 73111
Designated Agent: Shaun Riney, President
Address of Agent: 2627 East I-44 Service Road
Oklahoma City, OKO 73111
Telephone No.: 405-478-9000
Facsimile No.: 405-478-8315
Toll Free No.: 1-800-478-9000
Telephone No.: 405-478-9000
From or relating to this Site or these Terms may be brought only in a court of competent
jurisdiction in Oklahoma City, Oklahoma, and you hereby consent to the jurisdiction,
venue and convenience of such courts. Any and all disputes, claims and causes of
action arising out of or relating to this Site or these Terms shall be resolved
individually, without resort to any form of class action.
Miscellaneous. This Site is based in the United States. Access to the Materials
may not be legal by certain persons or in certain countries. If you access this
Site from outside the United States, you do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. Headings in these Terms are for
convenience only and shall not be used to interpret or construe its provisions.
If any term or provision of these Terms is found to be invalid, void or unenforceable
by any court having competent jurisdiction, the remainder of these Terms shall remain
in full force and effect. Any waiver of any term or provision of these Terms will
be effective only if it is in writing and signed by MYRIAD. No waiver of any term
or provision of these Terms shall be deemed a further or continuing waiver of such
term or provision or any other term or provision. These Terms constitute the entire
agreement between the parties pertaining to the subject matter hereof, and cancels
and supersedes all prior oral and written negotiations, agreements or understandings
between the parties with respect to the subject matter hereof. Except as provided
above in the Section labeled "Changes to these Terms," no modification
of any provision of these Terms shall be valid or binding unless made in writing
and signed by an authorized representative of MYRIAD.
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