Website User Agreement
IN THE EVENT YOU DO NOT AGREE TO ANY CHANGES OR MODIFICATIONS THAT ARE MADE BY CURVES YOU SHOULD IMMEDIATELY CEASE USE OF CURVES COMPLETE AND NOTIFY CURVES IMMEDIATELY AT firstname.lastname@example.org.
This World Wide Web site with its home page in the domain "CurvesComplete.com" (the "Website") is a complimentary information and interactive community service offered by the Curves International, Inc. (hereinafter referred to as "CURVES") at no charge to users of the World Wide Web, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. CURVES reserves the right to change these terms and conditions at any time, without notice to you, and you must consult the most recent version of this User Agreement (not an older cached version) each time you view the Website. Use of this Website constitutes your acceptance of all of the following terms and conditions, in their current form or as modified.
CURVES engages in the promotion of good citizenship and safety within the Internet community. Should CURVES become aware of any inappropriate use of CURVES COMPLETE or any of its Services, in its sole discretion CURVES will respond in any way that it deems appropriate and warranted under the circumstances. You acknowledge that CURVES has the right to report to the appropriate law enforcement authorities and/or any other appropriate governmental agencies any actions or conduct that may be considered illegal, as well as any reports it receives of such actions or conduct. When requested, CURVES will cooperate fully with all law enforcement and governmental agencies in any investigation of alleged illegal activity on the Internet. CURVES COMPLETE is owned and operated by Curves International, Inc., the largest fitness franchise in the world, with offices at 100 Ritchie Road, Woodway, Texas 76712.
Description of Service
CURVES currently provides users access to an extensive amount of resources, including, but not limited to, public forums, health and medical content, online tools, calendaring, email, to-do lists, bookmarks, other personalization features, book/publication offerings, and various communication tools (the “Service”). CURVES assumes no responsibility or liability for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization data or settings. All such risks shall be borne by you.
Registered User Account, Password, and Usage
As an option, users may register and create a personal account profile to provide more personalized information. Users are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under their account. CURVES does not retain liability or responsibility for such use.
Users acknowledge that CURVES may establish general practices and limits concerning use of the CURVES web site, including without limitation the maximum number of days that email messages, message board postings or other uploaded content is retained by the web site. The maximum number of emails that can be sent or received by an account, the maximum disk space allotted on servers for an account, and the maximum duration for which an account can be accessed in a given period of time. You acknowledge that CURVES has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the CURVES web site servers. You acknowledge CURVES has the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CURVES reserves the right to change these general practices at any time with or without notice.
Web Site Security, Use and Storage
You are prohibited from violating or attempting to violate the security of CURVES COMPLETE, including, without limitation, (a) engaging in any illegal conduct or violate any applicable local, state, national or international law; (b) deleting or revising, or attempting to delete or revise any information entered by any person other than yourself without their specific written authorization; (c) accessing or attempting to access data not intended for you or logging into a server or account which you are not authorized to access; (d) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (e) using or attempting to use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein; (f) interfering or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting or attempting to submit a virus to CURVES COMPLETE, overloading, "flooding", "mailbombing" or "crashing"; (g) registering, subscribing or unsubscribing, or attempting to register, subscribe or unsubscribe any party for any CURVES product or service if you are not expressly authorized by such party to do so; and/or (h) sending unsolicited e-mail, including promotions and/or advertising of products or services.
Violations of our policies or the system or network security will result in immediate suspension and may result in civil or criminal liability and CURVES will take any and all steps to protect and preserve CURVES COMPLETE. CURVES will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
CURVES requests that its users like you work together to keep CURVES COMPLETE and the services thereon working properly and safely. Please report problems, offensive content, and policy violations to email@example.com.
Without limiting other remedies, CURVES may limit, suspend, or terminate our service and user accounts, prohibit access to our sites and their content, services, and tools and take technical and legal steps to keep users off the sites if we think or believe, that they are creating problems; they are engaging in illegal activities; creating possible legal liabilities; infringing the intellectual property rights of third parties; and/or, acting inconsistently with the terms, obligations, covenants and conditions, Website and Operating User Agreement, Privacy Statement and/or other policies or the spirit of our policies. CURVES also reserves the sole and unilateral right to cancel any account.
Protection of Data
We use commercially reasonable methods consistent with industry practice to prevent unauthorized access or disclosure, to maintain data accuracy and to ensure appropriate use of your personal information. We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on CURVES COMPLETE. We will protect your information consistent with reasonable commercial principles.
You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party and that you will remove the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, or that is otherwise inappropriate. You will indemnify Curves International, Inc., its employees, agents, and affiliates from any and all claims and/or damages (including but not limited to reasonable attorneys' fees) resulting from any claim brought by any third party relating to content you have posted.
You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk. Curves International, inc. and CURVES COMPLETE is not in any manner endorsing the content of the discussion groups and cannot and will not vouch for its reliability.
You understand and agree that Curves International, inc. and CURVES COMPLETE is not responsible for any content posted by third parties. We respect the need for Curves members to have an open forum to discuss goals, frustrations, and success. Nevertheless, Curves International, Inc. and CURVES COMPLETE may monitor any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site.
For any content that you post, you hereby grant to Curves International, Inc. the royalty-free, irrevocable, perpetual, exclusive and fully sub licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.
You understand that all information, data, text, photographs, graphics, messages, or other materials ("Content") publicly posted is the sole responsibility of the person from which such content originated. This means that you, and not CURVES, bear all risks and liabilities for all Content that you upload, post, email, transmit or otherwise make available via the service. You agree to not use the service to: a) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; b) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. (Posting the same note more than once can be considered "spam" or "spamming"); c) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; d) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; e) impersonate any person or entity, including, but not limited to, an CURVES official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; g) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; h) intentionally or unintentionally violate any applicable local, state, national or international law; i) "stalk" or otherwise harass another; or j) harvest or otherwise collect or store personal data about other users.
You acknowledge that CURVES and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content that is available via the Service. CURVES and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that CURVES may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of CURVES, its users and the public.
By submitting communications or content to any part of this Site where such content would be viewable by the public (e.g. posting on a public forum/bulletin board or public chat or other public communication), you agree that such submission is non-confidential for all purposes. Any submission to this Web site will be deemed and remain the property of CURVES. You grant--or warrant that the owner of such content has expressly granted CURVES a royalty-free, perpetual, irrevocable, world-wide non exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed.
Usage of Content
Unless otherwise indicated, all information contained on this web site, such as text, graphics, logos, button icons, images, audio clips is copyrighted by and proprietary to Curves International, Inc., and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without CURVES' prior written consent, except that the user may make such temporary copies in a single computer's ram and hard drive cache as are necessary to browse the website. The user may also make a single copy of the Content displayed on any page of the website to be used by the user for personal and noncommercial uses which do not harm the reputation of the CURVES, provided that the user does not remove any trademarks, copyright and any other notice contained in such content.
Trademarks, Copyrights and Licenses
Curves; Curves For Women; Complete Curves; The Power To Amaze Yourself; CurvesSmart; Curvaceous; FitCurves; 30 Minute fitness & Weight Loss Center; Baby Curves; Strengthening Women; DIANE; and, other marks, are registered service marks of the Curves International, Inc. CURVES has filed domestic and international copyrights and trademarks under the appropriate laws of each jurisdiction necessary to protect the entire contents of CURVESCOMPLETE.COM, CURVES COMPLETE, CURVES and MYCURVES. CURVES, its affiliates and subsidiaries and/or other third party licensors, are the owners of all intellectual property, copyrights and trademarks. Any other product names, marks, symbols, trade names, company names and/or logos which appear within CURVES COMPLETE are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to CURVES trademarks, are protected by United States law, including without limitation the Lanham Act and other laws on trademarks and unfair competition, and may also be protected by the laws in foreign countries. This also includes graphics, logos, seminars, conferences, conventions, regionals, events, trade shows, publications, products, content or services that CURVES sponsors or participates in or that are referenced herein or on CURVES COMPLETE including the "look", "feel" and “goodwill” of CURVES COMPLETE to include any and all color combinations, images, layout, and all other graphical elements. Any use of CURVES' intellectual property, trade dress, trademarks and/or service marks is strictly prohibited without the express written permission of CURVES. You further acknowledge and agree that CURVES COMPLETE and the content contains proprietary and confidential information which is protected by applicable intellectual property and other laws; and, that the content is protected by copyright, database rights, trademarks, service marks, patents or other proprietary rights and laws.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON CURVES COMPLETE, INCLUDING BUT NOT LIMITED TO ANY TRADEMARKS, TEXT, PICTURES, PROGRAMS, GRAPHICS AND/OR CODE.
As allowed by CURVES, Curves franchise owners may print portions of material from certain areas of CURVES COMPLETE solely for your own commercial use in the operation of your franchise provided that you agree not to change or delete any copyright or proprietary notices from the materials and agree to all of the terms, obligations, covenants and conditions of CURVES COMPLETE. Any material printed or downloaded by you from CURVES COMPLETE, including, without limitation, any text, files, operating systems, images, and data accompanying the foregoing is the property of CURVES and is licensed to you by CURVES. Printing or downloading the material does not transfer to you any right, title or interest therein or thereto or to any intellectual property rights. You may not and specifically agree that you will not, copy, redistribute or sell any material from CURVES COMPLETE as all material on CURVES COMPLETE is protected by trademarks, copyrights and/or patents and is intended for use and review only by authorized users.
Aside from those trademarks and intellectual property of CURVES that may appear on CURVES COMPLETE, other product names, marks, symbols, trade names, company names and/or logos which appear within CURVES COMPLETE are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such other marks, in addition to the CURVES trademarks, are protected by United States law, including without limitation the Lanham Act and other laws on trademarks, domain names and unfair competition, including being protected by the laws in other countries.
If you believe that content appearing on CURVES COMPLETE constitutes copyright infringement of another party's rights, please contact firstname.lastname@example.org and CURVES will investigate.
This Website (excluding linked sites) is controlled by CURVES which is headquartered in the State of Texas, 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 Texas, by accessing this Website both you and CURVES agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website. You and CURVES also acknowledge and agree that this Agreement shall be deemed made and entered into in the State of Texas and all mediations, arbitrations, lawsuits and other dispute resolutions shall be governed and construed under and in accordance with the laws of the State of Texas. You and CURVES also agree and that the U.S. District Court for the Western District of Texas or the judicial district courts (or successor) in and for McLennan County, Texas, shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising either, directly or indirectly, under or in connection with this Agreement or CURVES COMPLETE except to the extent otherwise provided in this Agreement and the parties further agree that, in the event of litigation arising out of or in connection with this Agreement or the relationship between Curves and you in these courts, they will not contest or challenge the jurisdiction or venue of these courts. CURVES makes no representation that materials on the Website 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 Website from other locations do so on their own initiative and are responsible for compliance with local laws.
CURVES COMPLETE may provide, or third parties may provide, links to non-MYCURVES, CURVES COMPLETE or CURVES internet web sites or resources as a convenience to you ("Third-Party Sites"). Because CURVES has no control over such sites and resources, you acknowledge and agree that CURVES is not responsible for the availability of such Third-Party Sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Links to Third-Party Sites are not endorsements by CURVES of such Third-Party Sites. You further acknowledge and agree that CURVES shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource. When you link to a site you are solely responsible for obeying the terms and conditions of that third party site. CURVES is not responsible for the information or materials contained on the host website. Links to third party Websites are provided for convenience of reference only and are not intended as an endorsement by CURVES of the organization or individual operating the host website or a warranty of any type regarding the host website or the information on the host website.
Modifications to the Service
CURVES reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CURVES shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
You acknowledge that the information on the Website is provided "as is" for general information only. It is not intended as medical advice, and should not be relied upon as a substitute for consultations with qualified health professionals who are familiar with your individual medical needs. Postings offering medical advice should be discussed with your licensed physician before relying or using the same.
Disclaimer of Warranty
CURVES makes no warranties of any kind regarding this Website, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, or any postings, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements, and such warranties are expressly disclaimed.
Limitation of Liability
You agree that you will hold harmless CURVES and its officers, directors, employees, and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will CURVES or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages.
IN NO EVENT WILL CURVES BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, CURVES COMPLETE OR ANYTHING DOWNLOADED FROM CURVES COMPLETE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE, EVEN IF CURVES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN CURVES COMPLETE, INFORMATION, SERVICE AND/OR MATERIALS PROVIDED OR DOWNLOADED THROUGH CURVES COMPLETE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, CURVES' LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. ADDITIONALLY CURVES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF CURVES COMPLETE OR ANY INFORMATION THEREON OR SERVICE OR TRANSACTION.
FURTHER, WE CANNOT GUARANTEE CONTINUOUS OR SECURE USE OF OR ACCESS TO OUR SITE, SERVICES OR TOOLS; OR, OPERATION OF OUR SITE, SERVICES OR TOOLS AS THEY MAY BE INTERFERRED WITH BY FORCES AND FACTORS BEYOND OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE EXCLUDE ANY AND ALL IMPLIED WARRANTIES, TERMS, COVENANTS AND CONDITIONS RELATING TO OR ARISING FROM OUR SITE, SERVICES AND/OR TOOLS. EXCEPT AS SPECIFICALLY STATED HEREIN, WE ARE NOT LIABLE FOR ANY LOSS OF BUSINESS, MONEY, GOODWILL, REPUTATION OR ANY OTHER DAMAGES OF ANY KIND OR ANY TYPE, WHETHER SPECIAL, DIRECT OR CONSEQUENTIAL, DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE, OUR SITE, SERVICES AND/OR TOOLS.
REGARDLESS OF THE PREVIOUS PARAGRAPHS, IF CURVES IS FOUND LIABLE, YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL CURVES, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS, BE LIABLE FOR ANY LOSS, COST, EXPENSE, LIABILITY OR DAMAGE TO YOU IN AN AMOUNT THAT IN THE AGGREGATE EXCEEDS $100. IN NO EVENT THALL CURVES BE LIABLE TO ANYONE FOR ATTORNEY FEES OR COSTS UNDER ANY CIRCUMSTANCE.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of the CURVES or endorsed by CURVES. CURVES may provide links on the Website to other websites which are not under the control of CURVES. In general, any website which has an address (or URL) which does not contain "cancer.org" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by CURVES of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Indemnification and Reservation of Rights
You alone are responsible for your actions or the actions of any person using your user name and/or password; and, any person you have allowed to access CURVES COMPLETE through your user rights. As such, you agree to indemnify, defend and hold harmless CURVES and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of CURVES COMPLETE or the use of CURVES COMPLETE by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party in including any postings, defamation, negligent or wrongful conduct by you or by any person using your user name and/or password.
CURVES reserves the right to release current or past member’s, or web site user’s information, if CURVES believes that your account or a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if CURVES deems it necessary and/or appropriate to release without a subpoena.
Local Laws and International Use
CURVES controls and operates CURVES COMPLETE from its headquarters in the United States of America and makes no representation that the services, information, materials or uses are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all services, products, materials or uses on CURVES COMPLETE are solely directed to individuals, companies or other entities located in the United States. If you use CURVES COMPLETE from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to privacy laws and regulations.
Acknowledging that CURVES franchises are located in over 70 countries and recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Operating systems, software or other goods from CURVES COMPLETE is subject to United States export controls. No software or information from CURVES COMPLETE may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software or other goods from CURVES COMPLETE, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Nothing in this Agreement shall be construed as creating or evidencing a partnership, joint venture, employee-employer or an agency or any employment relationship between the parties. You acknowledge and agree that you are in all respects an independent party.
You agree that CURVES, in its sole discretion, may terminate your password, account (or any part thereof) or use of this Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if CURVES believes that you have violated or acted inconsistently with the letter or spirit of this user agreement. You agree that any termination of your access may be effected without prior notice, and acknowledge and agree that CURVES may immediately deactivate or delete your account and all related information and files in your account and/or bar further access to such files or the service. Further, you agree that CURVES shall not be liable to you or any third-party for any termination of your access to the Service.
Any cause of action or claim you may have with respect to CURVES COMPLETE or Curves International, Inc. must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CURVES' failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CURVES may assign its rights and duties under this Agreement to any party at any time without notice to you.
You agree to, at all times that you are a registered user of CURVES COMPLETE, maintain and furnish to CURVES a valid email address, street address and telephone number.
Other than the websites in its ownership, CURVES does not operate, control or endorse any information, products or services on the Internet in any way. You understand and agree that CURVES cannot and does not guarantee or warrant that files available for downloading through the internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Any rights not expressly granted herein are reserved.