THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE OF THIS WEBSITE AND OUR SERVICES. BY ACCESSING, USING OR SIGNING UP FOR THIS WEBSITE, OUR NEWSLETTERS OR ANY OTHER SERVICES, YOU ARE ENTERING A LEGALLY BINDING AGREEMENT BASED ON THESE TERMS WITH BRIO BIRTH.
INTRODUCTION
Welcome to the www.BrioBirth.com web site. This web site, and the information, content, products and services it makes available (which, collectively are referred to as the "Web Site"), is provided to you by Embrion Group Inc, a Nevada Corporation, with its principal offices located in Castle Rock, Colorado with a registered DBA in the state of Colorado as Brio Birth ("Embrion Group", "Brio Birth" or "We"). You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms & Conditions or in the text on the Site without the express written permission of Brio Birth. This page (together with the documents referred to on it) sets out the Terms & Conditions for use of this web site. These Terms of Use (this "Agreement") set forth the terms and conditions governing your use of this Web Site and are effective as of January 1st, 2011.
MODIFICATION TO THIS AGREEMENT
Brio Birth may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.
CONTACT INFORMATION
If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Brio Birth by e-mail at info@briobirth.com or mail at Customer Service, Brio Birth, 200 S. Wilcox St. Suite 204, Castle Rock CO, 80104 USA.
WEB SITE INTENDED AUDIENCE
This Web Site is operated by Brio Birth from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.
PRIVACY
We describe our current practices related to personally identifiable information collected through the Site in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.
YOUR USE OF CONTENT AND INFORMATION -- DISCLAIMER WITH RESPECT TO CONTENT
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials ("Content") is available on the Web Site. Some of the Content is provided by Brio Birth or its suppliers, and other Content is provided by persons who use the Web Site ("Users"), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums. While Brio Birth strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, Brio Birth cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Brio Birth or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Brio Birth. Brio Birth does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site. Brio Birth does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Web Site. Notwithstanding the foregoing, Brio Birth will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.
THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER BRIO BIRTH NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.
USER-SUBMITTED CONTENT
Representations Made and Rights Granted
You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site. By doing so, you represent and warrant to Brio Birth that such content is not confidential and that you have all necessary permission to submit, post and otherwise make available such Content. Brio Birth makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site and you continue to retain all ownership rights in such Content and the right to use your Content as you determine. However, you do grant to Brio Birth and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:
a. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (e.g. not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute , publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
b. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.
Do(s) and Don't(s) for Users
You agree that you will comply with applicable laws, this Agreement, and DO(s) and DON'T(s).
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Ownership
This Web Site is owned by Brio Birth. All right to, title to, and interest in the Content available via the Web Site, the Web Site's look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of Brio Birth or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.
License to Use Content
Brio Birth grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content. You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of Brio Birth. All rights not expressly granted in this Agreement are expressly reserved to Brio Birth.
Trademark Notices
All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by Brio Birth or other third parties. You may not use or display any trademarks, service marks, logos or designs owned by Brio Birth or its affiliates without our prior written consent.
YOUR CONTACT WITH ADVERTISERS, OTHER THIRD PARTIES AND/OR OTHER WEBSITES
Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. These links are provided solely as a convenience to Users and should not be construed as an endorsement by Brio Birth of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Brio Birth does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Brio Birth will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
DISCLAIMER OF WARRANTIES WITH RESPECT TO WEB SITE
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRIO BIRTH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. BRIO BIRTH DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BRIO BIRTH MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
LIMITATIONS OF LIABILITY
BRIO BIRTH AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. 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 SPECIFICALLY ACKNOWLEDGE THAT BRIO BIRTH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL BRIO BIRTH OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT BRIO BIRTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
INDEMNIFICATION
Your use of and browsing in the Site are entirely at your risk. You irrevocably indemnify Brio Birth any of its affiliates, agencies, or any other party involved in creating, producing, or delivering the Site from and against any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site, provision or distribution of information or any part or the Site or any part or otherwise howsoever arising in relation to any breach of these terms and conditions by you. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITIED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Brio Birth also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. In addition, you expressly acknowledge and agree that Brio Birth is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. The statements in this website that are not historical statements are “forward-looking statements” within the meaning of the Private Securities Litigation Reform Act of 1995. In addition, we have made in the past and may make in the future other written or oral forward-looking statements, including statements regarding future operating performance, short- and long-term revenue and earnings performance, the timing of the financial impact of new contracts, backlog, the value of new contract signings, business pipeline and industry growth rates and our performance relative thereto. Any forward-looking statement may rely on a number of assumptions concerning future events and be subject to a number of uncertainties and other factors, many of which are outside our control that could cause actual results to differ materially from such statements. Although Brio Birth may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Brio Birth is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Brio Birth will fully cooperate with any law enforcement authorities or court order requesting or directing Brio Birth to disclose the identity of anyone posting any such information or materials.
HYPERTEXT LINKS
Brio Birth provides hypertext links to sites on the Internet which are operated by other people and or entities. Using an external hypertext link means that you are leaving the Site and Brio Birth is therefore not responsible for and gives no warranties, guarantees or representations in respect to the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of Brio Birth.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of any passwords associated with your Brio Birth account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).
MODIFICATION OR SUSPENSION OF THE WEB SITE
Brio Birth may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.
TERMINATION
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. After termination, you shall no longer access the Web Site. The provisions of this Agreement which by their intent or meaning intended to survive such termination shall continue to apply indefinitely.
SEVERABILITY OF AGREEMENT
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
APPLICATION LAW
The software and technical data on this web site is subject to the laws, regulations, orders or other restrictions regarding import to, and export and re-export from, various countries, including export and re-export restrictions that may be imposed by applicable laws of the United States. This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of Colorado without giving effect to any principles of conflicts of law. Any legal action or proceeding between Brio Birth and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Denver, Colorado, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
By downloading or accessing software or technical data, you are agreeing not to import, export or re-export, either directly or indirectly (including transmission and shipment) except in accordance with all applicable laws, and you are accepting responsibility to determine what is necessary to assure such compliance. In particular, but without limitation, you agree not to export, re-export or provide the software or technical data:
You are also agreeing not to download, transfer, export or re-export Brio Birth products, technology or software to your customers or any intermediate entity in the chain of supply if our products will be used in the design, development, production, stockpiling or use of missiles, chemical or biological weapons or for nuclear end uses, without obtaining prior authorization from the U.S. Government.