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May 2008

Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. YOUR ACCESS AND USE OF THIS SITE INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. PLEASE EXIT IMMEDIATELY.

AlphaNet, Inc. (“AlphaNet”) may revise and update these Terms and Conditions at any time. Your continued usage of the AlphaNet, Inc. website (“AlphaNet Site,” or the “Site,”) will mean you accept those changes. The current version of the Terms of Use will normally be available for your reference from a link at the bottom of the home page of this Site.

THE SITE DOES NOT PROVIDE MEDICAL ADVICE

The content of the AlphaNet Site, including all text, graphics, images, and other material contained on the AlphaNet Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the AlphaNet Site. If you think you may have a medical emergency, call your doctor or 911 immediately. AlphaNet does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by AlphaNet, AlphaNet employees, others appearing on the Site at the invitation of AlphaNet, or other visitors to the Site is solely at your own risk. The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

CONTENT

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with AlphaNet. AlphaNet authorizes you to view the material on the Site solely for your personal, non-commercial use. All computer systems, procedures, and databases created, operated, maintained or accessed by AlphaNet in connection with the Site, contain proprietary and confidential information of substantial economic value to AlphaNet. This information includes operations, systems, products, business relationships, marketing approaches, software, hardware, codes, trade secrets, information technology, information systems, plans and projections, as well as concepts and ideas. Any unauthorized use, misuse, or disclosure of such information is strictly prohibited and may result in civil liabilities and criminal penalties under applicable law. Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of AlphaNet. All rights not expressly granted herein are reserved to AlphaNet. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF ALPHANET

The use of the AlphaNet Site and the Content is at your own risk. When using the AlphaNet Site, information will be transmitted over a medium that may be beyond the control of AlphaNet. Accordingly, AlphaNet assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the AlphaNet Site. The AlphaNet Site and the content are provided on an “as is” basis.

PASSWORDS

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your AlphaNet passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your AlphaNet account and password; (3) promptly inform AlphaNet of any need to deactivate a password. You grant AlphaNet and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. AlphaNet cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the AlphaNet Site.

JURISDICTION

You expressly agree that exclusive jurisdiction for any dispute with AlphaNet, or in any way relating to your use of the AlphaNet Site, resides in the courts of the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Florida in connection with any such dispute including any claim involving AlphaNet employees, contractors, officers, directors, telecommunication providers, and content providers. AlphaNet is based in Miami, Florida in the United States of America. AlphaNet makes no claim that the content is appropriate or may be downloaded outside of the United States of America. Access to the Content may not be legal by certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

LIMITATIONS ON USE

Unless You have obtained Our prior written permission, You may not do any of the following or permit any other person under Your authority or control do so:

• Copy, reproduce, republish, upload, post, transmit, or distribute in any way material from this Site in any manner inconsistent with the purposes for which it is offered by us.
• Use or encourage the use of this Site or any Content for any unlawful or unauthorized purpose.
• Violate or infringe the rights of third parties, including copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right.
• Upload, post, e-mail or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
• Copy, modify, or display AlphaNet’s name, trademarks, or logo or any text, graphic images, or other Content from this Site.
• Redeliver any of the pages, text, images, or other content of this Site using “framing” technology.
• Use devices (including software) that are designed to provide repeated automated access to this Site other than those made generally available by us or probe, scan, or test the vulnerability of any system or network related in any way to this Site.
• With the exception of web browser software, or other applications approved by AlphaNet, use any software, program, application or any other device to access or log on to the Site, or to automate the process of obtaining, downloading, transferring or transmitting any Content from the Site.
• Include any AlphaNet Mark, the name of any of AlphaNet personnel, or any variation of any of the foregoing, as a metatag, hidden textual element, or any other indicator that may create a false or misleading impression of affiliation, sponsorship, or endorsement between any user and/or website and us.
• Collect or store personal data about other users of this Site.
• Upload, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software or hardware, or telecommunications equipment.
• Use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, hateful, offensive, or sexually explicit.
• Create a link from a web site to any page of this Site unless the user or the operator of the other web site has executed AlphaNet’s then standard agreement for the granting of permission to establish such a link.
• Intercept or expropriate any system data.
• Constitute or contain false or misleading indications of origin or statements of fact.

MONITORING OF SITE

We reserve the right to monitor any and all use of this Site. We are under no obligation to do so and assume no responsibility or liability arising from our doing so or omission to do so. We may monitor Your use of this Site to evaluate the quality of service You receive, Your compliance with these Terms, the security of this Site, or for other lawful reasons. You agree that You will not be entitled to any cause of action or other right with respect to AlphaNet concerning such monitoring activities.

DISCLAIMERS

THE MATERIALS ON THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE ARE SUBJECT TO APPLICABLE STATUTES AND REGULATIONS, AND ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALPHANET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ALPHANET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. ALPHANET UNDERTAKES NO OBLIGATION TO MAINTAIN THE CURRENCY OF SUCH INFORMATION.

CERTAIN LINKS IN THE WEB SITE MAY LINK THE USER TO OTHER SITES ON THE WORLD WIDE WEB. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ALPHANET AND ALPHANET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ALPHANET IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ALPHANET IS PROVIDING THESE LINKS TO THE USER ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY ALPHANET TO, AN ENDORSEMENT OR SPONSORSHIP BY ALPHANET OF, OR AFFILIATION BY ALPHANET WITH, THE LINKED SITE, ITS SERVICES, ITS OWNER, OPERATOR, SPONSORING ORGANIZATION OR INTERNET PROVIDER.

THIS SITE CONTAINS ADVERTISEMENTS BY THIRD PARTIES. THE SITE MAY RECEIVE ROYALTIES FROM SUCH ADVERTISERS. HOWEVER, THE SITE DOES NOT ENDORSE, GUARANTEE, WARRANT OR RECOMMEND ANY PRODUCTS OR SERVICES CONTAINED IN ADVERTISEMENTS.

AS TO THE OPERATION OF THE SITE, ALPHANET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALPHANET MAKES NO WARRANTY THAT (i) THE OPERATION OF THIS SITE WILL MEET THE USER’S REQUIREMENTS OR EXPECTATIONS; (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR FREE OF ERROR OR MALFUNCTION; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ERRORS OR DEFECTS WILL BE CORRECTED. THE USER (AND NOT ALPHANET) ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR THE USER’S COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY UNAUTHORIZED CODE, ERRORS OR OTHER PROBLEMS THE USER MAY HAVE AS A RESULT OF ACCESSING THE SITE.

LIMITATION OF LIABILITY

UNLESS DUE TO WILLFUL TORTIOUS MISCONDUCT OR GROSS NEGLIGENCE, ALPHANET SHALL NOT HAVE ANY LIABILITY IN TORT, CONTRACT OR OTHERWISE (AND AS PERMITTED BY LAW, PRODUCT LIABILITY) TO USERS OR ANY THIRD PARTY.

UNDER NO CIRCUMSTANCES SHALL ALPHANET BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, INCOME, GOODWILL, USE, DATA, TIME OR OTHER INTANGIBLE LOSSES) THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF, OR THE INFORMATION AVAILABLE ON, THE SITE.

ALPHANET SHALL NOT BE LIABLE TO A USER OR THIRD PARTY EVEN IF ANY OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENT.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL TOTAL LIABILITY TO YOU BY ALPHANET FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO ALPHANET DURING THE THREE-MONTH PERIOD PRIOR TO THE MONTH IN WHICH THE EVENT OCCURRED THAT IS ALLEGED TO HAVE GIVEN RISE TO THE DAMAGE, LOSS, OR CAUSE OF ACTION.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless AlphaNet from any claim, demand, loss, costs or expense, including attorneys’ fees and costs, made by any person arising out of Your violation of these Terms or any other person’s rights hereunder, including violation of any intellectual property or privacy right. AlphaNet may, at its own expense, participate in any matter subject to indemnification by User, and User shall not settle any such matter in a manner prejudicial to the rights of AlphaNet without the written consent of AlphaNet, which shall not be unreasonably withheld.

PRIVACY AND SECURITY

For information on how We use and protect the personal information of certain Users that may be transmitted to this Site, please click on the link to AlphaNet’s Privacy Policy.

COMPLETE AGREEMENT

These Terms of Use and the AlphaNet Privacy Policy constitute the entire agreement between you and AlphaNet with respect to the use of the AlphaNet Site.

Thank you for your cooperation. We hope you find the AlphaNet Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to webmaster[at]alphanet.org.