THE EUPHOTIC FOUNDATION: WARNINGS/DISCLAIMERS


WARNING/DISCLAIMER: UNLESS OTHERWISE SPECIFICALLY STATED, THE INFORMATION CONTAINED HEREIN AND ON THIS WEBSITE IS MADE AVAILABLE TO THE PUBLIC FOR INFORMATION ONLY. THE EUPHOTIC FOUNDATION OR ANY ENTITIES THEREOF DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED, NOR DOES IT ASSERT THAT THE USE OF ANY INFORMATION FOUND ON THE EUPHOTIC FOUNDATION SITE (S) WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS. REFERENCE HEREIN TO ANY SPECIFIC COMMERCIAL PRODUCT, PROCESS, SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVORING BY THE THE EUPHOTIC FOUNDATION OR ANY ENTITIES THEREOF. THE VIEWS AND OPINIONS OF THE ORIGINATORS EXPRESSED HEREIN DO NOT NECESSARILY STATE OR REFLECT THOSE OF THE EUPHOTIC FOUNDATION ANY AGENCY OR ENTITIES THEREOF.

A. General Disclaimers of Liability
THE SERVICE AND CONTENT FROM OR THROUGH THIS SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE OWNER OF THIS SITE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.

The User agrees to indemnify, defend and hold Owner and its affiliates, licensors, content and service providers, participating publishers, authors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees and expenses, related to a User's violation of this Agreement or use of the Web site.


The Euphotic Foundation makes every attempt to convey accurate and current information on this site, however there may be typographical or technical errors. You are advised to confirm the accuracy of any information presented on this site before relying on it in any way. Information and products are provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability. Products, product availability and/or services may be changed or updated without notice. Some products and services may only be available in the United States and its territories.


B. Hyperlink Disclaimer
The Euphotic Foundation sites may contain links to other sites. This site contains links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by The Euphotic Foundation. The Euphotic Foundation makes no representations about any other web site that you may access through this site. Unless expressly stated in writing, The Euphotic Foundation does not endorse the products or services offered by any company or person linked to this site nor is The Euphotic Foundation responsible for any of the content of any information published on the site of any other party. The Euphotic Foundation and any affiliates do not endorse the products or services of any other sites linked to this site. Unless specifically indicated, The Euphotic Foundation is not an agent of a third party and has not authorized a third party to act as its agent for any purpose. Affiliates and affiliated persons, other businesses, persons and other clergy and organizations are independent and act independently of The Euphotic Foundation.

C. No Liability.
In no event will the Euphotic Foundation be liable to any party for any direct, indirect, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of this web site, even if the Euphotic Foundation is expressly advised of the possibility of such damages.

D. Trademarks.
The Euphotic Foundation and other names, logos, icons and marks identifying the products and services referenced are trademarks. The name The Euphotic Foundation may not be used without prior written permission of The Euphotic Foundation. Certain service agreements may permit merchants and others to use certain of the trademarks The Euphotic Foundation for limited purposes. Merchants and affiliates using the trademarks must receive written permission in the form of a contract and must comply with that contract. Other product or company names referred to herein are trademarks of their respective owners.

E. Copyright Notice
This web site is subject to the protection of the copyright laws of the United States and other countries. You may not reproduce any part of this web site without the prior written permission of The Euphotic Foundation. This includes all writings, design elements, graphics, type designs and logos, icons, etc.

F. Comments, Letters & Personal Opinions
Any comments or materials sent to The Euphotic Foundation regarding this web site or personal opinions concerning this website, and the letters of people and organizations may be used by The Euphotic Foundation and printed on this website or in books, periodicals, newspapers, journals, for public consumption etc. without liability and for any purpose without compensation or attribution to the sender. The Euphotic Foundation may reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute such content or materials to others without limitation.

G. Use of Services and Products
Use of any of The Euphotic Foundation Services, Products and Software. The Euphotic Foundation downloads, writings, software, services may only be used for lawful purposes. If any the Euphotic Foundation downloads, writings, software, services are used in violation of any law or regulation or in a manner that may cause the Euphotic Foundation to be subject to investigation, prosecution or legal action, The Euphotic Foundation may exercise its rights under the appropriate service agreement and/or licenses to terminate service. Users of The Euphotic Foundation services and/or software accept the risk that their payment service may be terminated if legal challenges arise as to their use of the service. You should take precautions when downloading files from sites to protect your computer software and data from viruses and other destructive programs.

H. Refund and Return Policies
The use of this site, and the terms and conditions for the sale of any goods and services, is governed by the Terms of Service Agreement. By using this site you acknowledge that you have read the Terms of Service Agreement and the disclaimers and caveats contained in this site, and that you accept and will be bound by the terms thereof.


I. Information Disclaimers
This site may contain information and press releases. While this information was believed to be accurate as of the date prepared the The Euphotic Foundation declaims any duty or obligation to update such information. To the extent that any information is deemed to be a "forward looking statement" as defined in the rules and regulations of the Securities Act of 1933, as amended, such information is intended to fit within the "safe harbor" for forward looking information and is subject to material risk factors which may or may not be disclosed herein.


J. Jurisdiction Issues
This Web site (excluding linked sites) is controlled by The Euphotic Foundation from its offices in the State of California, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing this Web site both you and The Euphotic Foundation agree that the statutes and laws of the State of California, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Web site. You and The Euphotic Foundation also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters. The Euphotic Foundation makes no representation that materials on the Web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

See: Terms of Service
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Any Reproduction or Duplications in whole or in part is strictly prohibited.