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This site is owned and operated by Holofiber, Inc.
(“Holofiber”). By registering for access to any portion
of this site or by using any portion of this site you and your company
or other business organization (hereinafter “you” or “your”
will be deemed to mean both you and your company or business organization)
agree to be bound by these terms and conditions. If you do not agree
to be bound by these terms and conditions, do not proceed any further
and do not use this site.
We recommend printing a copy of this page for your reference. We also
recommend referring back to this document regularly, as we may make
changes and post them to this site. Access to or use of the site after
the posting of such changes will be deemed consent to such changes.
Terms and Conditions of Use
Holofiber has the right at any time to change or discontinue any aspect
or feature of the site, including, without limitation, the content,
hours of availability, and equipment needed for access or use of the
site. Use of this site is solely at Holofiber’s discretion,
and Holofiber reserves the right to prohibit anyone from accessing,
browsing, supplying information to, downloading information from,
or conducting business on this site.
The site contains copyrighted material, trademarks and other proprietary
information, including, without limitation, text, software, photos,
video, graphics, music and sound, and the contents of the site are
copyrighted under the United States copyright laws and international
treaties (“Information”). You are not granted any rights
in or to this site or any Information, other than the limited right
described in these terms and according to the policies and procedures
that Holofiber may adopt and make available on this site from time
to time, including the Privacy Policy below.
The Information may be supplied by Holofiber or third parties and
users of the site. Any opinions, advice, statements, or other information
or content expressed or made available by third parties are those
of the respective author(s) or distributor(s) and not of Holofiber.
In many instances, the content available through the site represents
the opinions and judgments of the respective information provider
or user. Holofiber neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on the site
by anyone other than authorized Holofiber spokespersons acting in
their official capacities.
The content of this site is general and is provided for informational
purposes only; Holofiber products are not intended nor recommended
as a substitute for professional medical advice or treatment. Always
seek the advice of your physician or other qualified health provider
regarding any medical condition or treatment, and do not disregard
medical advice or delay seeking it because of anything you read on
this site. Holofiber has never applied for, and therefore has not
received any approval from, or had its products determined to be safe
by any regulatory agency.
You agree (i) to comply with all applicable laws and regulations regarding
your use of this site and the Information, (ii) not to retransmit,
publicly display, sell or use the Information provided other than
solely for your internal business purposes, (iii) not to alter or
remove any of the Information or any consent or other proprietary
notice or legend on any of the Information, (iv) not to post or transmit
through the site any material that violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that
would constitute a criminal offense, gives rise to civil liability
or otherwise violates any law, (v) not to post or transmit through
the site any material which contains advertising or any solicitation
with respect to products or services without Holofiber’s express
prior approval, and (vi) not to use the site to advertise or perform
any commercial solicitation. Any conduct by you that in Holofiber’s
discretion restricts or inhibits any other user from using or enjoying
the site will not be permitted.
Business associates or customers providing or using Information that
is made available on this site are solely responsible for the accuracy
and content of the Information supplied or used and agree not to supply
any Information that infringes the intellectual property rights of
any other party or that is misleading, fraudulent, defamatory, libelous,
threatening, harassing, injurious to minors, pornographic, obscene
or illegal.
By providing Information to Holofiber for posting on the site or transmitting
any Information to the site, you grant to Holofiber and its successors
and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable
license to (i) use, reproduce, distribute, create derivative works
of, display, and broadcast that Information; (ii) authorize specified
third parties to use, reproduce, distribute, download, create derivative
works of and print such Information for their own internal business
purposes; and (iii) otherwise use such Information in any manner consistent
with Holofiber’s Privacy Policy.
While it may monitor, remove or delete transmissions to this site,
Holofiber is under no obligation to monitor, remove or delete any
transmissions. Holofiber exercises no editorial review and assumes
no responsibility for misleading, fraudulent, defamatory, libelous,
threatening, harassing, pornographic, obscene or illegal Information
supplied to this site; provided, however, that Holofiber may take
any action with respect to any Information that Holofiber deems in
its sole discretion is necessary or appropriate, including the deletion
of any such Information. You agree to promptly report any suspicious
or unauthorized use of this site to Holofiber. Holofiber reserves
the right to monitor any and all activity on this site and Holofiber
may notify the proper law enforcement officials if any suspicious
activity is detected.
This site may provide links to other Internet sites. Such links are
provided as a service to users and are not sponsored by, endorsed
or otherwise affiliated with this site or with the products and services
of Holofiber. Holofiber is not responsible for the availability of
such other sites and is not responsible or liable for any content,
products or other materials available on such other sites. Further,
Holofiber reserves the right to terminate any link at any time. Holofiber
does not author, edit, or monitor these unofficial pages or links.
You acknowledge and agree that Holofiber shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance
on any information, goods or services available on or through any
such site. If you decide to access any of the third party sites linked
to this site, you do this entirely at your own risk.
If you believe that your copyright in any material has been infringed
by Holofiber, please provide our Agent for Notice, on file with and
obtainable from the U.S. Copyright Office, with all of the following
information (i) a description of the copyrighted work you claim has
been infringed, (ii) a description of the material that you claim
is infringing, identified with sufficient detail for Holofiber to
locate it on the site, (iii) your address, telephone number and e-mail
address, (iv) a statement by you that you have a good faith belief
that the disputed use is not authorized, (v) a statement by you declaring
under penalty of perjury that the above information is true and that
you are the owner of the copyrighted interest or authorized to act
on the copyright owner’s behalf and (vi) a physical or electronic
signature of the person authorized to act on behalf of the copyright
owner’s interest.
YOUR USE OF THIS SITE, ANY OF THE SERVICES OR ANY OF THE INFORMATION
IS AT YOUR OWN RISK. THIS SITE, THE SERVICES AND THE INFORMATION ARE
PROVIDED “AS-IS” AND “AS-AVAILABLE.” HOLOFIBER
HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND
THE INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR
PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS,
UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT MAY VARY BY JURISDICTION.
YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY,
RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES
MADE AVAILABLE ON THIS SITE. HOLOFIBER MAKES NO REPRESENTATIONS OR
WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE
AVAILABLE BY ITS BUSINESS ASSOCIATES OR ITS CUSTOMERS. LINKING TO
OTHER WEB SITES FROM THIS SITE IS AT YOUR OWN RISK.
YOU HEREBY IRREVOCABLY RELEASE HOLOFIBER FROM ANY AND ALL LIABILITY
FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR
INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS SITE OR THE
INFORMATION. UNDER NO CIRCUMSTANCES WILL HOLOFIBER BE LIABLE FOR ANY
DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE
OR UNFORESEEABLE, BASED ON YOUR CLAIMS OR THE CLAIMS OF YOUR CUSTOMERS
(INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL,
PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE
SITE, THE SERVICES OR THE INFORMATION, STOPPAGE OF OTHER WORK OR IMPLEMENTATION
OF OTHER ASSETS), ARISING OUT OF YOUR USE OF THE SITE, ANY SERVICE
OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY,
BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY
IN TORT OR OTHERWISE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND
TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE
THE FOREGOING DISCLAIMER AND LIMITATION.
You agree to defend, indemnify and hold Holofiber harmless from and
against any damage, loss, liability or expense (including reasonable
attorney’s fee) that Holofiber may suffer or incur as a result
of any claim attributable to or based upon your use of this site or
any of the Information. If for any reason you are not satisfied with
this site or the Information, your sole remedy is to cease using this
site or the Information.
Nothing in these terms and conditions will be construed to make Holofiber
or its business associates, customers or you an agent, employee, joint
venturer, partner, franchisee-franchisor or legal representative of
any of the others. None of us will either have, or represent itself
to have, any authority to bind another to any obligation.
If any provision of these terms and conditions is held to be unenforceable,
this holding will not affect the validity of the other provisions.
Holofiber controls and operates this site from our offices in Charlotte,
North Carolina. These terms and conditions, and your use of the site,
will be governed by and interpreted in accordance with the laws of
the State of North Carolina, U.S.A., excluding its conflicts-of-law
rules. Any controversy or dispute will be submitted to the state or
federal courts in and for Charlotte, North Carolina. You hereby consent
to the personal jurisdiction of the State of North Carolina, acknowledge
that venue is proper in any state or Federal court in the State of
North Carolina, and waive any objection that may exist, now or in
the future, with respect to any of the foregoing. These terms and
conditions constitute the complete and exclusive statement of the
terms, conditions and representations of the agreement between us
with respect to this site and the Information and supersedes all other
agreements with respect to the subject matter hereof.
Holofiber may change these terms and conditions from time to time
and at any time, without actual notice to you. In the event of a change,
Holofiber will post the revised version to our web site. Any access
to or use of the site after such an update, will be deemed consent
to such update. You are therefore encouraged to refer back to this
page regularly.
The foregoing provisions are for the benefit of Holofiber, its subsidiaries,
affiliates and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions directly
or on its own behalf.
Legal Notices
Copyright © 2003 Holofiber, Inc. All rights reserved. Holofiber®
is a registered trademark of Holofiber, Inc. All other brands and
product names are trademarks or registered trademarks of their respective
owners.
Privacy Policy
This Privacy Policy has been adopted by Holofiber, Inc., its subsidiaries,
affiliates, joint venture partners, and other entities which directly
or indirectly are controlled by Holofiber, Inc. (each, an Affiliate,
with Holofiber, Inc. and its Affiliates being collectively referred
to as Holofiber, we or us).
What information do we ask you to submit?
In order to accommodate your information request, we ask you to submit
your name, title, company affiliation (if any), mailing address, telephone
number and e-mail address. At your option, you may also provide us
with the best time at which to contact you and other relevant comments
[if a comment field exists for the information you have requested].
In addition, Holofiber may, from time to time, share your information
with marketing consultants, in which case, the consultants shall be
prohibited from using your information except with respect to assisting
Holofiber in the sale of its services and products, and the consultants
shall also be required to comply with the terms of this policy.
Unless you provide it to us voluntarily or the information
is collected via cookies in the manner described in this policy, Holofiber
does not collect personally identifiable information about you (including,
but not limited to, your name, address, telephone number, and email
address) in connection with your use of this site.
How will we use your information?
We will use the information you submit (a) to answer your specific
inquiry; (b) at your option, to send you additional materials relating
to Holofiber and products and services that may be of interest to
you; (c) in the administration of the site; (d) to personalize the
web site for users; (e) to analyze demographic and other kinds of
trends; and (d) as otherwise described in this policy. We reserve
the right to aggregate the information you provide to us and share
it with third parties, including our business associates, customers
and advertisers.
Do we use cookies and other tracking mechanisms?
In general, we collect the information that you provide to us when
you register to use this site, when you provide us with information
and comments through the site and when you send us email. In addition,
when you visit this site, we may passively collect other kinds of
information through this web site, including the location from which
you visit us, the kind of browser you use, the date and time you visit
the web site, and the amount of time you spent viewing the site. Generally,
we gather this information for the purpose of analyzing aggregated
trends and statistics, but we also gather it for the reasons described
below. To gather such information, our web server may automatically
use technologies such as the following:
Cookies. A cookie is a piece of information
stored on your hard drive that tells our server that you have returned
to this web site. Cookies do not gather information—instead,
they may store information you provide. For instance, if you visit
our web site and provide us with your name and email address, a cookie
is used to retain this information. If you return to this web site,
this cookie allows us to personalize your visit by remembering your
name and email address. We may also use cookies to track usage of
this web site in order to better understand what areas of our web
site interest our users. Although these cookies remain on your hard
drive indefinitely, you may choose to delete or disable them by changing
your internet browser preferences. You can also set your internet
browser to notify you when you receive a cookie, and you can decide
whether to accept or reject the cookie.
Log Files. Internet protocol (“IP”)
addresses are used to analyze trends, administer the web site, track
users’ movements, and gather broad demographic information for
aggregate use. IP addresses are not linked to personally identifiable
information.
To whom do we disclose your information?
Subject to applicable law, we and our service providers (as defined
below) disclose and share your personal information:
- Among Holofiber, its Affiliates, business associates
and advertisers;
- To unaffiliated third parties that are under contract to perform
services for or on behalf of Holofiber (Service Providers), and
are required to uphold and maintain policies with respect to privacy
and the treatment of your personally identifiable information
(e.g., vendors hosting this Web site);
- To a third party in connection with a proposed or actual sale,
merger, or transfer of all or a portion of a business or division;
and
- To other persons as permitted or required by applicable law
or regulation.
Any access to such information will be limited to the purpose for
which such information was provided to us or our Service Providers.
How may you opt out or request changes?
You are entitled to request that Holofiber:
- provide you with a copy of your personal information that
it holds;
- cease processing your personal information for the purposes
of direct marketing;
- correct any errors in that information; and
- update that information as required.
If you would like to receive a copy of the personal information we
have about you as submitted to us via this Web site, or if you wish
to opt out of receiving marketing related communications from us,
please send a request to at info@holofiber.com or write to us at Holofiber,
Inc., c/o Hologenix LLC, P.O. Box 30005, Charlotte, North Carolina
28230. If this information is incorrect or incomplete, please let
us know, and we will make every reasonable effort to correct or update
it promptly (unless we require further information from you in order
to fulfill your request). You may also ask us to remove your name
and other personal information from our databases. In each of the
foregoing cases, we will make all reasonable efforts to honor your
request promptly, subject to legal and other permissible considerations.
How do we protect your information and where
is it stored?
We have taken reasonable steps to protect the information you submit
on this web site from loss, misuse, and unauthorized access and disclosure.
Although we have taken reasonable security precautions, we cannot
guarantee the security of this web site. Therefore, before you transmit
information through this web site, please remember that no computer
system or electronic data transmission is completely secure. If you
have any questions about the security of this web site, you can send
an email at info@Holofiber.com or write to us at Holofiber, Inc.,
c/o Hologenix LLC, P.O. Box 30005, Charlotte, North Carolina 28230.
How will we notify you if this policy changes?
If we decide to change this Privacy Policy, we will post the revised
version on our web site. Any access to or use of the web site following
such update shall be deemed consent to such update. YOU ARE THEREFORE
ENCOURAGED TO REFER BACK TO THIS PAGE REGULARLY. This policy may not
be otherwise amended without the written consent of Holofiber. This
Policy was last updated January 31, 2004.
Children
Holofiber does not want to collect personal information from minors
(children under 13 years of age, or any other age defined under applicable
law). If we become aware that a minor is attempting to or has submitted
personal information via this site, we will notify the user that we
may not accept his or her personal information. We will then expunge
any such personal information from our records.
Questions regarding this policy
We will use reasonable efforts to comply with this Privacy Policy
and will take reasonable action to correct any failures to comply
with this Privacy Policy. If you have any questions or concerns regarding
this Privacy Policy or our use of personally identifiable information,
please feel free to contact us at info@Holofiber.com or write to us
at Holofiber, Inc., c/o Hologenix LLC, P.O. Box 30005, Charlotte,
North Carolina 28230.
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