Phyre Technologies, Inc
Terms of use
Phone:     1-619-448-0904
Fax:         1-619-448-0903
Address:  1950 Cordell Court Suite 104
                 El Cajon, CA 92020
E -mail:     info-gobiggs@phyre.net

TERMS OF USE
Phyre Technologies, Inc. ("PHYRE TECHNOLOGIES") MAKES INFORMATION AVAILABLE ON THIS WEB SITE (THE "SITE"), SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING AND USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.  PHYRE TECHNOLOGIES RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS, AND THE PRODUCTS, SERVICES, AND OTHER INFORMATION MENTIONED ON THE SITE AT ANY TIME, AT ITS SOLE DISCRETION, WITHOUT NOTICE AND YOUR CONTINUED USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS AND CONDITIONS. PHYRE TECHNOLOGIES RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY FOR ANY VIOLATION OF THESE TERMS AND CONDITIONS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS BELOW, YOU SHOULD NOT USE THIS SITE.


Use of Site Materials
All documents and other information provided on this Site, including trademarks, logos, graphics and images (the "Materials") are provided to you by Phyre Technologies and are protected by copyright, trade dress, and other laws.

Phyre Technologies grants you the limited right to display the Materials only on your personal computer, and to copy and download the Materials on this Site, provided that: (1) the Phyre Technologies copyright notice (set forth below) appears in the Materials so displayed, copied or downloaded; (2) such display, copy or download is solely for your personal or internal informational non-commercial use (that is, not distributed or otherwise transmitted outside of your home or company, or otherwise broadcast in any media). You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination of this limited license, you agree to immediately destroy any downloaded and/or printed Materials. You agree not to “frame” or “mirror” any Materials contained on or accessible from this Site on any other server or Internet-based device without the advance written authorization of Phyre Technologies .

You acknowledge that, except as expressly stated herein, you have no right, title or interest in or to the Materials.


Copyright Notice:
© 2006 Phyre Technologies, Inc.. All rights reserved.
Copyrights and Copyright Agents.
Phyre Technologies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at info@phyre.net and provide Phyre Technologies’ copyright agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Phyre Technologies’ agent for notice of claims of copyright infringement on this Site can also be reached as follows:
By mail:
Fabian & Clendenin, A Professional Corporation
Attn: Jay Bell
215 South State Street, 12th Floor
Salt Lake City, UT 84111


Warranties and Disclaimers; Liability Limitations

DISCLAIMER OF WARRANTY:
THE SITE AND MATERIALS ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. PHYRE TECHNOLOGIES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES, ORAL OR WRITTEN RELATING TO THE SITE OR MATERIALS. PHYRE TECHNOLOGIES DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SITE AND MATERIALS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

DISCLAIMER REGARDING FORWARD-LOOKING STATEMENTS:
IN ADDITION TO HISTORICAL INFORMATION CONTAINED HEREIN, THE SITE CONTAINS PREDICTIONS AND OTHER FORWARD-LOOKING STATEMENTS THAT INVOLVE RISKS AND UNCERTAINTIES, INCLUDING (A) STATEMENTS CONCERNING PHYRE TECHNOLOGIES’ EXPECTED FINANCIAL CONDITION, RESULTS OF OPERATIONS AND CAPITAL REQUIREMENTS, (B) THE IMPACT OF COMPETITION AND TECHNOLOGICAL CHANGES, (C) WHETHER POTENTIAL NEW PRODUCTS WILL BE SUCCESSFULLY DEVELOPED OR GAIN MARKET ACCEPTANCE, (D) THE DOMESTIC AND INTERNATIONAL REGULATORY ENVIRONMENT AND THE POTENTIAL IMPACT OF REGULATORY CHANGES, UNCERTAINTIES OR DELAYS, (E) POTENTIAL CONTRACT DISPUTES OR CONFLICTS REGARDING INTELLECTUAL PROPERTY RIGHTS, (F) THE OUTCOME OF ANY LITIGATION IN WHICH Phyre Technologies  IS INVOLVED AND THE POTENTIAL IMPACT OF LITIGATION ON FALLBROOK'S BUSINESS, AND (G) OTHER RISKS. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM THOSE PROJECTED. PHYRE TECHNOLOGIES HEREBY DISCLAIMS ANY INTENT OR OBLIGATION TO UPDATE THESE FORWARD-LOOKING STATEMENTS.

GENERAL DISCLAIMER:
PHYRE TECHNOLOGIES ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS WHICH ARE INCLUDED WITHIN, REFERENCED BY, OR LINKED TO OR BY THE SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, PHYRE TECHNOLOGIES MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT THE PHYRE TECHNOLOGIES BUSINESS CONTACT FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES THAT MAY BE AVAILABLE TO YOU.

LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYRE TECHNOLOGIES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES IN CONNECTION WITH THE SITE OR ANY MATERIALS. IN NO EVENT SHALL PHYRE TECHNOLOGIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF PHYRE TECHNOLOGIES HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Third-Party Products and Services

The Site may contain mention of third-party products and services for informational purposes. Phyre Technologies makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by Phyre Technologies  "AS IS," without warranty of any kind, either express or implied, or statutory, including, but without limitation, the implied warranties of noninfringement of third party rights, merchantability, and fitness for a particular purpose.

Export Control Laws

Phyre Technologies controls and operates this Site from its headquarters in the State of California, United States of America, and makes no representation that the Materials are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. §§ 736, 738, 744, 746, or the United States Commerce Department, Bureau of Export Administration at www.bxa.doc.gov.

General
Any action related to these Terms of Use will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in San Diego County, in the State of California, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the Site.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Phyre Technologies  to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Phyre Technologies  in writing. The Terms comprise the entire agreement between you and Phyre Technologies  and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

 

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