By using the Optivariate.com World Wide Web site, you agree to follow and be bound by these terms of use and agree to comply with all applicable laws and regulations. If you do not agree to these terms of use, please do not use this Site. We may revise these terms of use at any time without notice to you. If you have any questions about these terms of use, please contact us by E-MAIL.

Please also refer to the Optivariate.com Privacy Policy, which is incorporated by reference herein.

1. Ownership This Site (Optivariate.com) is owned and operated by Xenobe Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Xenobe Inc. or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by Xenobe Inc. none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of Optivariate’s intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by E-MAIL if you have any questions about obtaining such licenses. Optivariate.com does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Xenobe Inc. Any rights not expressly granted herein are reserved by Xenobe Inc.

2. Limited Permission to Use Materials Xenobe Inc.hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at paragraph 12 below and the trademark notice appearing at paragraph 13 below appears in the Materials, (ii) the Materials are not used on any other Web site or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
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3. Links to Third Party Sites This Site may contain links to Web sites controlled by parties other than Xenobe Inc. (the "Third Party Sites"). Optivariate is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any Web site accessed from a Third Party Site, or any changes or updates to such sites. Optivariate is not responsible for webcasting or any other form of transmission received from any Third Party Site. Optivariate is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Optivariate of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that Optivariate.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.

4. Use of the Optivariate Member Directory Users may not use the Optivariate Member Directory to mine email addresses for unsolicited commercial email ("spam"). Such activity includes, but is not limited to:

• Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law
• Gathering addresses for sending unsolicited emails to significant numbers of individuals and/or entities with whom you have no preexisting relationship
• Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
• Selling, exchanging or distributing to a third party the email addresses of any person without such person's knowing and continued consent to such disclosure
• Sending, uploading, distributing or disseminating any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
• Intentionally distributing viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
• Conducting or forwarding pyramid schemes and the like
• Illegally transmitting another's intellectual property or other proprietary information without such owner's or licensor's permission
• Promoting or encouraging illegal activity
• Interfering with other Optivariate users' enjoyment of the Service.

5. Use of the Optivariate.com “Forum” The Optivariate.com Forum (the “Forum”) is a collaborative community where experts answer your difficult marketing questions. Access to and use of the Forum is subject to this paragraph 4, in addition to the other terms and conditions listed.

Rights and Responsibilities of Optivariate.com

Optivariate is not the publisher or author of any works posted on the Forum. It is a passive service for storage and dissemination of the works that Optivariate.com members may choose to post and distribute via the Forum. Optivariate does not screen works before they are posted, and no prior approval is required for posting. Optivariate disclaims all copyright and ownership in such works and all responsibility for them.

Although it cannot make an absolute guarantee of system security, Optivariate takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.

If the Optivariate.com technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Optivariate reserves the right to delete those files or to stop those processes. If the Optivariate technical staff suspects an account is being used by someone who is not authorized by the account holder, Optivariate may temporarily disable that account in order to preserve system security. In all such cases, Optivariate will contact the member as soon as feasible.

Optivariate has the right, in its sole and absolute discretion, to (i) edit, redact, ot otherwise chance the content of any works posted on in the Forum, (ii) re-categorize any post to place it in a more appropriate category, or (iii) delete any post that is determined to be inappropriate, including but not limited to works that use offensive language and works that are advertisements.

Optivariate reserves the right to refuse service to anyone and to cancel an account at any time.

Rights and Responsibilities of Optivariate.com Members or Other Posters to the Forum

You are legally and ethically responsible for any works - writings, files, pictures, or any other work - that you post or transmit on the Forum (or any other Optivariate.com service that allows interaction or dissemination of information). In posting works on the Forum, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent, and trademark), the right to privacy, the right not to be libeled or slandered. For example, if you wish to post a copyrighted work on the Forum, you are responsible for obtaining the copyright holder's permission first.

Under United States Federal law, you retain copyright on all works you create and post to the Forum, unless you choose specifically to renounce it. In posting a work on the Forum, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You also give permission to Optivariate to copy your works as part of the normal backup process. You have the right to remove any of your works from the Forum at any time.

The use of your Optivariate membership or posting on the Forum for any illegal activity under the laws of California and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside Xenobe Inc.locality or your own residence. Optivariate.com is open to members worldwide (and works published on the World Wide Web, Usenet, or other such services are accessible to anyone on the Internet), and Optivariate cannot guarantee that you won't run into legal trouble from other jurisdictions over your works.

Your Rights and Responsibilities as a Optivariate.com Member and Reader of Postings on the Forum

You are not required to provide your real name when signing up as a member of Optivariate.com. Optivariate.com permits anonymous or pseudonymous accounts. Any member may request that such member’s e-mail address be hidden to provide for additional privacy.

If you have a complaint about the behavior or posts of another member, it is your responsibility to attempt to resolve the conflict, typically by contacting that person directly. Normally, Optivariate.com staff will not take a role in mediating conflicts between you and other members. Optivariate.com does not take responsibility for your behavior or that of other members. Notwithstanding the foregoing, should such a complaint or conflict arise, the member or members may request that Optivariate.com moderator intervene and attempt to resolve any dispute. Any such request is not a guarantee that a moderator will (i) intervene, (ii) intervene in a timely manner, (iii) resolve the dispute in favor of one party or the other, or (iv) successfully resolve the situation . The decision to intervene rests with Optivariate, in its sole and absolute discretion.

Your access to the works that members have posted on the Forum is for your personal use only. If you want to redistribute works you find on the Forum, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

You agree to help protect your account and the security of other members by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact Optivariate via E-MAIL as soon as possible.

6. NO WARRANTY THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPTIVARIATE. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

OPTIVARIATE MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. OPTIVARIATE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

8. LIMITATION OF LIABILITY IN NO EVENT SHALL OPTIVARIATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF OPTIVARIATE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. Indemnification You agree to defend, indemnify and hold harmless Optivariate, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.

10. Unsolicited Submissions Except as set forth in paragraph 4 above, Optivariate, does not want you to submit confidential or proprietary information to it through this Site, without first contacting Optivariate. All comments, feedback, information or material submitted to Optivariate through or in associate with this Site shall be considered non-confidential and Optivariate' property, unless otherwise set forth herein or agreed to by Optivariate in writing. By providing any unsolicited submissions to Optivariate you hereby assign to Optivariate, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Optivariate shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

11. Compliance with Laws You may not access, download, use or export the Site or Materials in violation of United States Federal or state laws or regulations, or in violation of any other applicable laws or regulations. Any such violation is expressly against these terms of use and you must cease from using this Site immediately.

12. Children Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.

13. Governing Law; Venue By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Colorado, excluding its choice of law rules. Any legal action or proceeding relating to your access to or sue of the Site or Materials shall be instituted in a state or federal court in California , and in the County of Los Angeles. You and Xenobe Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These terms of use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

14. Copyrights All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2007, Xenobe Inc. ALL RIGHTS RESERVED.

15. Trademarks Optivariate, Optivariate.com, all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of Xenobe Inc. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.