Last Updated: 08/30/2021
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE "SITE") OR OUR SERVICES,
YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF
YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT
EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Cagenix, Inc.
(hereinafter "Cagenix"), a company duly organized and validly existing, located at 1680 Century Center Pkwy, Building D, Suite 14,
Memphis, Tennessee 38134. This Agreement annuls and voids all previous agreements.
The Site (www.cagenix.com) is operated by Cagenix. Throughout the Site, the terms "we", "us" and "our" refer to Cagenix.
Cagenix offers this Site, including all information, tools and services available from this Site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and
conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms
apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors
of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the
provisions of the additional terms or policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound
by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these
Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current
version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting
updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or
access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you
are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents
to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate
any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason
without giving you any prior notice:
1. Restrict, suspend or terminate your access to all or any part of our Site;
2. Change, suspend or discontinue all or any part of our products or Site;
3. Refuse, move, or remove any content that is available on all or any part of our Site;
4. Deactivate or delete your accounts;
5. Establish general practices and limits concerning use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from
us. Please note that you cannot opt out of receiving these notices.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or
any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way
exploit any of the content, in whole or in part, found on the Site. Cagenix content is not for resale. Use of the Site does not
entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary
rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use
of the content without the express written permission of Cagenix and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of
Cagenix or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT
Once you create an account with us, you are registered on the Cagenix Site. The terms "member," "membership," and "account" all refer
to this registration as a member on Cagenix's Site. If you are merely surfing or browsing through the Site and have not yet created an
account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.
When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities
that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure.
You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Cagenix is not responsible
for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you
believe that someone has used your username, email, or password without your authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Cagenix, Inc. will have sufficient
grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all
current or future use of Cagenix, Inc. Services, or any portion thereof.
SECTION 3 - CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs,
music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all
content posted, uploaded, emailed, transmitted or otherwise made available by way of the Cagenix Services, and as such, we do not
guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed
to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise made available by Cagenix.
Furthermore, you herein agree not to make use of Cagenix, Inc.'s Services for the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful,
and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any Cagenix officials, forum leaders, guides or hosts or
falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor
having any contractual or fiduciary relationship with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright,
trademark, or any other proprietary or intellectual rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer
pursuant to any law or in accordance with any contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers,
"junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer
code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability
to participate in any real time interactions;
j) interfering with or disrupting any Cagenix, Inc. Services, servers and/or networks that may be connected or related to our website,
including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to,
rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or
other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the
NASDAQ, and any regulations having the force of law;
l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization
delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration
m) "stalking" or with the intent to otherwise harass another individual; and/or
n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned paragraphs.
Cagenix, Inc. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services.
In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be
considered offensive to other visitors, users and/or members.
Cagenix, Inc. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is
requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the Terms;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Cagenix, Inc., its visitors, users and members, including the general
Cagenix, Inc. herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established
by Cagenix, Inc. or any other content providers supplying content services to Cagenix, Inc. You are hereby prohibited from making any
attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to
online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and
other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not
limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an
export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that
would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of
the U.S. or other applicable export and/or import laws.
SECTION 5 - SUBMITTED CONTENT
Cagenix, Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby grant and allow for Cagenix, Inc. the below listed worldwide,
royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of Cagenix, Inc.'s Sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network
Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available
for viewing. This license shall be available so long as you are a member of Cagenix, Inc.'s sites, and shall terminate at such time
when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Cagenix, Inc.'s
sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said
Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed
and/or made available for viewing. This license shall be available so long as you are a member of Cagenix, Inc.'s sites and shall
terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible areas of Cagenix, Inc.'s sites, the
continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of
any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Cagenix, Inc.'s Sites are those such areas of our network properties
which are meant to be available to the general public, and which would include message boards and groups that are openly available
to both users and members. However, those areas which are not open to the public, and thus available to members only, would include
our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Cagenix, Inc. may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Cagenix shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any
c) Cagenix shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Cagenix; and
e) Cagenix is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All users and/or members agree to insure and hold Cagenix, Inc., our subsidiaries, affiliates, agents, employees, officers, partners
and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise
make available through our Services, the use of Cagenix Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.
SECTION 7 - COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part,
use of, or access to Cagenix's sites.
SECTION 8 - MODIFICATIONS
Cagenix, Inc. reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently,
our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party
for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As a member of www.cagenix.com, you may cancel or terminate your account, associated email address and/or access to our Services by
submitting a cancellation or termination request to firstname.lastname@example.org.
As a member, you agree that Cagenix, Inc. may, without any prior written notice, immediately suspend, terminate,
discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your www.cagenix.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause
shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination
of your account, associated email address and/or access to any of our Services.
The termination of your account with www.cagenix.com shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within www.cagenix.com;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 10 - LINKS
Either Cagenix, Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we
are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible
or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources.
Furthermore, you acknowledge and agree that Cagenix, Inc. shall not be responsible or liable, directly or indirectly, for any such
damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any
such content, goods or Services made available on or through any such site or resource.
SECTION 11 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Cagenix, Inc.'s Services and any essential software that may be used in connection with our
Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights
and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or
information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary
rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Cagenix, Inc. or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or
created any plagiaristic works which are based on Cagenix, Inc. Services (e.g. Content or Software), in whole or part.
Cagenix, Inc. hereby grants you a personal, non- transferable and non -exclusive right and/or license to make use of the object code or
our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell,
assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do
herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of
the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also
agree not to access or attempt to access our Services through any means other than through the interface which is provided by Cagenix,
Inc. for use in accessing our Services.
SECTION 12 - WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF CAGENIX, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
"AS IS" AND/OR "AS AVAILABLE" BASIS. CAGENIX, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) CAGENIX, INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) CAGENIX,
INC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) CAGENIX, INC. SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE CAGENIX, INC. SERVICES OR SOFTWARE WILL BE ACCURATE
OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF CAGENIX, INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES
OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA
THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM CAGENIX, INC. OR BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT CAGENIX, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In the event you have a dispute, you agree to release Cagenix, Inc. (and its officers, directors, employees, agents, parent
subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or
in any way connected to such dispute.
SECTION 15 - NOTICE
Cagenix, Inc. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to
email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our
Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received
any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Cagenix, Inc. trademarks, copyright, trade name, service marks, and other
Cagenix, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the
property of Cagenix, Inc. You herein agree not to display and/or use in any manner the Cagenix, Inc. logo or marks without obtaining
Cagenix, Inc.'s prior written consent.
Cagenix, Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to
appropriate circumstances and at its sole discretion, Cagenix, Inc. may disable and/or terminate the accounts of any user who violates
our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute
copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us
the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other
intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its
agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and
accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright
or intellectual property owner's behalf.
The Cagenix, Inc. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Attn: Copyright Agent
1680 Century Center Pkwy
Building D, Suite 14
Memphis, Tennessee 38134
SECTION 17 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and Cagenix, Inc. and shall govern the use of our Services, superseding
any prior version of this Agreement between you and us with respect to Cagenix, Inc. Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other Cagenix, Inc. Services, affiliate Services, third-party
content or third-party software.
SECTION 18 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Cagenix, Inc. with regard to the Agreement that the relationship between the
parties shall be governed by the laws of the state of Tennessee without regard to its conflict of law provisions and that any
and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you
and Cagenix, Inc., shall be filed within the courts having jurisdiction within the County of Shelby, Tennessee or the U.S. District
Court located in said state. You and Cagenix, Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMS
At any time, should Cagenix, Inc. fail to exercise or enforce any right or provision of the Agreement, such failure shall not
constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected
in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your
account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
SECTION 21 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or
related to the use of our Services or the Agreement must be filed within 3 year(s) after said claim or cause of action arose or
shall be forever barred.
SECTION 22 - VIOLATIONS
Please report any and all violations of this Agreement to Cagenix, Inc. as follows:
1680 Century Center Pkwy
Building D, Suite 14
Memphis, Tennessee 38134
SECTION 23 - GOVERNMENT REQUESTS
In order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure the integrity and
operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including and
without limitation, your information, IP address, and usage history. Our right to disclose any such information is governed by the
SECTION 24 - FOREIGN ACCESS OF SITE
The Site is controlled, operated and administered by Cagenixfrom our offices within the USA. If you access the Site from a location
outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Cagenix's content accessed
through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SECTION 25 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or
on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation,
pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should
be taken to indicate that all information on the Site or on any related Site has been modified or updated.
Every member's registration data and various other personal information are strictly protected by the Cagenix, Inc. Online Privacy
of the information provided, including the transfer of information within the United States and/or other countries for storage,
processing or use by Cagenix, Inc. and/or our subsidiaries and affiliates.