Terms of UseTERMS OF USE DISCLAIMER NOTICE PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW OR ELSEWHERE ON THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF. ANY USE BY YOU OF THE PHRENICEA WEB SITE CONSTITUTES ACCEPTANCE OF ALL SUCH NOTICES, TERMS, AND CONDITIONS. USE OF WEB SITE THE INFORMATION AND MATERIALS CONTAINED IN THESE PAGES AND THE TERMS, CONDITIONS, AND DESCRIPTIONS THAT APPEAR ARE SUBJECT TO CHANGE. THIS WEB SITE OR ANY PORTION OF THIS WEB SITE MAY NOT BE REPRODUCED, TRANSMITTED, DISPLAYED, PERFORMED, DISTRIBUTED, LICENSED, ALTERED, FRAMED, STORED, DUPLICATED, COPIED, SOLD, RESOLD IN WHOLE OR IN PART IN ANY MANNER OR OTHERWISE EXPLOITED FOR ANY COMMERCIAL OR OTHER PURPOSE WITHOUT JOHN HERMAN'S PRIOR WRITTEN CONSENT, EXCEPT TO THE CONSENT PERMITTED BY THE COPYRIGHT ACT OF 1976 (17 U.S.C. § 107) AS AMENDED, AND THEN, ONLY WITH NOTICES OF JOHN HERMAN'S PROPRIETARY RIGHTS. ALL PHRENICEA WEB SITE DESIGN, PAGES AND SCREENS DISPLAYING THE PAGES, SCREENS, TEXT, GRAPHICS (INCLUDING BUTTON ICONS AND IMAGES, BUT EXCLUDING THOSE GRAPHICS TO WHICH LINKED TO THIRD PARTIES RETAIN COPYRIGHT OWNERSHIP), THE SELECTION AND ARRANGEMENTS THEREOF ARE COPYRIGHT © 2000 JOHN HERMAN ALL RIGHTS RESERVED. SERVICEMARKS OWNED BY JOHN HERMAN: PHRENICEA, THE PHRENICEA LOGO, AND ALL OTHER TRADEMARKS, SERVICEMARKS, AND TRADE NAMES OF PHRENICEA APPEARING ON THIS WEB SITE ARE OWNED BY PHRENICEA.COM. PHRENICEA'S TRADEMARKS, SERVICEMARKS, LOGOS AND TRADE NAMES MAY NOT BE USED IN CONNECTION WITH ANY PRODUCT OR SERVICE THAT IS NOT PHRENICEA'S, IN ANY MANNER THAT IS LIKELY TO CAUSE CONFUSION, OR IN ANY MANNER THAT DISPARAGES OR DISCREDITS THE PHRENICEA NAME, WEB SITE, OR JOHN HERMAN. ALL OTHER FEATURED WORDS OR SYMBOLS, TRADEMARKS, SERVICEMARKS, PRODUCT OR SERVICE NAMES, BRAND NAMES, COMPANY NAMES AND/OR LOGOS APPEARING ON THIS WEB SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. SET FORTH BELOW IS A CURRENT LISTING OF SOME UNITED STATES SERVICEMARKS OWNED BY JOHN HERMAN. THIS LIST IS NOT A COMPREHENSIVE LIST OF ALL PHRENICEA SERVICEMARKS. (UPDATED: SEPTEMBER 21, 2000.)
PHRENICEA, VISIT YOUR FUTURE, BOTHER TO PONDER, CHRONICLING THE EVENTS TO BE,
BRAINERAMA, POLYNUTRIMENT, DiNA, ASS-ETS, SOMA-CASH, TISSUE-ISSUE, SOMNAM
U(niversity), SLEEP AND STUDY, COMM, MATTIE.
SUBMISSIONS TO PHRENICEA.COM AND/OR JOHN HERMAN ALL INFORMATION SUBMITTED TO PHRENICEA.COM AND/OR JOHN HERMAN VIA THIS SITE SHALL BE DEEMED AND REMAIN THE PROPERTY OF PHRENICEA.COM. PHRENICEA.COM AND/OR JOHN HERMAN DOES NOT WANT TO RECEIVE CONFIDENTIAL OR PROPRIETARY INFORMATION FROM YOU THROUGH THIS WEB SITE OR OTHERWISE. PLEASE NOTE THAT ANY INFORMATION OR MATERIAL SENT TO PHRENICEA.COM AND/OR JOHN HERMAN OVER THIS WEB SITE OR OTHERWISE WILL NOT BE DEEMED TO BE CONFIDENTIAL. BY SENDING PHRENICEA.COM AND/OR JOHN HERMAN ANY INFORMATION OR MATERIAL, YOU GRANT PHRENICEA.COM AND/OR JOHN HERMAN AN UNRESTRICTED, IRREVOCABLE LICENSE TO USE, REPRODUCE, DISPLAY, PERFORM, MODIFY, TRANSMIT AND DISTRIBUTE SUCH MATERIAL OR INFORMATION AND YOU ALSO AGREE THAT PHRENICEA.COM AND/OR JOHN HERMAN SHALL FOR ANY PURPOSE BE FREE TO USE ANY CONCEPTS, IDEAS, KNOW-HOW, OR TECHNIQUES THAT YOU SENT TO US. PHRENICEA.COM AND/OR JOHN HERMAN SHALL NOT BE SUBJECT TO ANY OBLIGATIONS OF CONFIDENTIALITY REGARDING SUBMITTED INFORMATION. NO WARRANTY THE INFORMATION AND MATERIALS INCLUDED, CONTAINED OR REFERENCED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER CONTENT, MATERIALS, PRODUCTS, SERVICES, ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". PHRENICEA.COM AND/OR JOHN HERMAN DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS. LIMITATION OF LIABILITY BECAUSE OF THE POSSIBILITY OF HUMAN OR MECHANICAL ERROR AS WELL AS OTHER FACTORS, IN NO EVENT WILL PHRENICEA.COM AND/OR JOHN HERMAN BE LIABLE TO ANY PARTY FOR ANY DAMAGES - EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, LOST OPPORTUNITY, BUSINESS INTERRUPTION, PSYCHOLOGICAL IMPACT INCLUDING BUT NOT LIMITED TO MENTAL DEPRESSION OR OTHER PHYSICAL/MEDICAL CONDITIONS ARISING IN CONNECTION WITH THIS SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF PHRENICEA.COM AND/OR JOHN HERMAN, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY PHRENICEA.COM. AND/OR JOHN HERMAN APPLICABLE LAWS THIS SITE IS CREATED AND CONTROLLED BY PHRENICEA.COM AND/OR JOHN HERMAN FROM ITS OFFICES WITHIN THE STATE OF NEW YORK OF THE UNITED STATES OF AMERICA. AS SUCH, THE LAWS OF THE STATE OF NEW YORK WILL GOVERN THESE DISCLAIMERS, TERMS, AND CONDITIONS, WITHOUT REGARD TO OR APPLICATION OF CHOICE OF LAW RULES OR PRINCIPLES. PHRENICEA.COM AND/OR JOHN HERMAN MAKES NO REPRESENTATION THAT MATERIALS IN THE WEB SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT OR USE IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS WEB SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. PHRENICEA.COM AND/OR JOHN HERMAN MAY AMEND THESE TERMS OF USE OR ANY OTHER NOTICES, TERMS AND CONDITIONS ON THIS WEB SITE AT ANY TIME BY UPDATING THIS POSTING. ACCORDINGLY, YOU SHOULD VISIT THIS WEB SITE FROM TIME TO TIME TO REVIEW THE THEN-CURRENT AND EFFECTIVE TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS SUCH THESE TERMS AND CONDITIONS MAY BE SUPERSEDED BY EXPRESSLY DESIGNATED LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES AT THIS WEB SITE. NO DELAY OR FAILURE TO TAKE ACTION UNDER SUCH TERMS AND CONDITIONS WILL CONSTITUTE A WAIVER BY PHRENICEA.COM AND/OR JOHN HERMAN UNLESS EXPRESSLY WAIVED IN WRITING BY A DULY AUTHORIZED OFFICER OF PHRENICEA.COM AND/OR JOHN HERMAN. COPYRIGHT 2000 JOHN HERMAN. ALL RIGHTS RESERVED. USED BY PERMISSION ONLY. Use of this website constitutes acceptance of the Phrenicea Terms and Conditions. |