Effective on: August 14, 2013 (last updated, August 14, 2013).

Cynvenio Biosystems, Inc. Terms of Use

Welcome to the Cynvenio Biosystems, Inc. ("Cynvenio Biosystems") website (the "Site"). These Terms of Use govern your use of the Site and its contents. The terms “Cynvenio Biosystems,” "we," "us" and "our" refer to Cynvenio Biosystems.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND OUR PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

Use of the Site

Cynvenio Biosystems authorizes you to view and download the materials at the Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

Registration

We may require you to register on the Site in order to use certain functions of the Site. If you just want to browse the Site, registration is optional.

For certain of our functions, such as the purchasing of products and services, you will be required to provide your name, address and billing and credit card information. You are required to provide accurate and complete information.

Age of Users

Children under 13 years of age may not use this Service, and parents or legal guardians may not agree to these Terms of Use on their behalf. If we become aware that a child under 13 years of age has provided or attempted to provide us with personal information, we will use our best efforts to remove the information permanently from our files.

If you are under the age of 18 but at least 13 years of age, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur.

Cynvenio Biosystems Privacy Statement

Your use of the Site signifies your continuing consent to our Privacy Statement, which you can examine any time by clicking on the "Privacy" link on the Site.

Any personal information that you supply to Cynvenio Biosystems, and any information about your use of Cynvenio Biosystems that we obtain, will be subject to our Privacy Statement.

Changes to the Site

We may improve, discontinue, or otherwise change any content, service, function or feature of the Site at any time with or without notice. Although we attempt to update information on the Site periodically, the information, materials and services provided on or through the Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information in the Site, we undertake no obligation to update or revise the information contained on the Site, whether as a result of new information, future events or circumstances or otherwise, and we will not be liable for any failure to update such information. It is your responsibility to verify any information contained in the Site before relying upon it.

Proper Use of The Site

You may use the Site for lawful purposes only and may use the Site only in ways consistent with the law. Any person is hereby authorized to view the information available in the Site for informational purposes only. Any product, process or technology described in the Site may be subject to intellectual property rights, which rights are reserved by Cynvenio Biosystems, its affiliates, related companies, or its licensors or joint venture partners, as applicable, and are not licensed or otherwise transferred hereunder.

You may not use any program, spider or "bot" to gather or "harvest" information from the Site.

Proprietary Rights

Cynvenio Biosystems reserves all rights under intellectual property law in the Site and in any content that is on the Site. Unless otherwise indicated, all trademarks found in the Site are trademarks of Cynvenio Biosystems, its affiliates, related companies, or its licensors or joint venture partners unless otherwise noted. The entire content of the Site, including any images or text, is copyrighted and may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, reposted, reprinted, or otherwise used except as provided herein without the express prior written permission of Cynvenio Biosystems. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.

Changes to the Terms of Use

We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site's "Terms of Use" link. If you continue to use the Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.

Electronic Delivery Statement and Your Consent

You agree that we may, subject to the terms of the Privacy Policy, provide to you notices and other information concerning Cynvenio Biosystems or the Site electronically, including notice to any email address that you may provide.

No Duty to Monitor

You agree that we are not liable for content that is provided by others. We reserve the right to remove any content for any reason at any time.

No Medical or Professional Services' Advice

The content on the Site is intended to be general information in regard to the subject matter of the content. Cynvenio Biosystems does not directly or indirectly practice medicine, render medical advice, or dispense medical services via the Site, and nothing contained in the Site is intended to be instruction for medical diagnosis or treatment. Any information provided should not be considered complete, nor should it be relied on to suggest a course of action for any particular individual or entity. Information received on the Site should not be relied on for personal or medical decisions. It should not be used in place of a visit, call, consultation, or advice of a physician. Cynvenio Biosystems shall not be held responsible for any action taken that is based on the information presented on the Site, and you agree that all access and use of the Site, and any and all content presented on the Site or linked from the Site is at your own risk.

Third Party Sites [and Advertisers]

Cynvenio Biosystems may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. We are also not responsible for any transactions or dealings between you and any third party. You agree that Cynvenio Biosystems is not responsible for any claim or loss due to a third party site.

Descriptions of, or references to, third-party products, services or publications within the Site do not imply our endorsement of such products, services or publications. Cynvenio Biosystems makes no express or implied representations or warranties whatsoever regarding any other web site (or content therein) that may be accessed through the Site. Any hypertext links from the Site to any other website do not represent our endorsement of such website, and Cynvenio Biosystems has no responsibility for the content of such other website.

Disclaimer of Warranties

We provide the Site and its contents "AS IS." We make no express warranties or guarantees about the Site. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING ANY WARRANTY THAT THE SITE IS OR WILL BE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, IS ERROR-FREE, RELIABLE, OR WILL OPERATE WITHOUT INTERRUPTION. Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.

Limitation of Liability

You may not assert claims for money damages arising from the Site or its contents. We shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew, or should have known, of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability, and the liability of our company and suppliers, shall be limited to the extent permitted by law.

Solicitation

Cynvenio Biosystems requests that no unsolicited confidential or proprietary information be sent to us. We will deem any information or material sent to us to be non-confidential, unless we otherwise agree in writing.

Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

International Use

We make no representation that the content on the Site is appropriate or available for use in locations outside the United States. If you choose to access the Site from a location outside the US, you do so on your own initiative and you are responsible for compliance with local laws.

Choice of Law and Location for Resolving Disputes; Time Limitations

You agree that the laws of the state of California, United States of America and U.S. federal law govern these terms of use, its subject matter, your use of the Site, and any claim or dispute that you may have against us, without regard to its conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You agree that any cause of action or claim that you may have relating to this Site must be made or instituted within one year of when the cause of action or claim accrued.

Binding Arbitration

Except for any claim seeking the exercise of the injunctive or other equitable powers of a court of competent jurisdiction, you agree that all disputes or controversies which arise under or in connection with these Terms of Use shall be submitted to and be determined and settled by arbitration in accordance with the provisions of the California Arbitration Act (Cal. Code. Civ. Proc. 1280, et seq.) or of any successor statute enacted in the State of California. Any arbitration proceeding pursuant to this Agreement shall be conducted by a single neutral arbitrator appointed in the manner specified by California Code of Civil Procedure Section 1281.6 and, unless otherwise mutually agreed by the parties to said proceeding, shall be held in the City of Santa Barbara, State of California. The arbitrator shall not have the power either to alter, amend, modify or change any of the terms of these Terms of Use, to grant any remedy which is either prohibited by the terms of this Agreement or not available in a court of law or equity, or to grant or award punitive or exemplary damages against any party. Any award rendered by such arbitrator shall be final, conclusive, and binding on each and all of the parties hereto and their respective heirs, personal representatives, successors and assigns, and judgment thereon shall be entered and subject to confirmation in any court having jurisdiction thereof in accordance with the applicable provisions of said California Arbitration Act. The expenses and fees of the arbitrator and the other expenses of the arbitration as defined in California Code of Civil Procedure Section 1284.2 shall be borne by the parties involved in pro rata shares unless the arbitrator deems such division of said expenses and fees to be inequitable, and in that event the arbitrator may allocate responsibility for payment of said expenses and fees among the parties involved as the arbitrator deems most just and equitable under the circumstances. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE THE RIGHT TO A JURY TRIAL.

Severability and Integration

These Terms of Use and any supplemental terms, policies, rules and guidelines posted on the Site constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

If you breach any of these Terms of Use, your authorization to use the Site automatically terminates, and you must immediately destroy any downloaded or printed materials. Cynvenio Biosystems also reserves the right to terminate your authorization to use any services at the Site immediately and at any time threaten to breach any of these Terms of Use, or if you breach, or threaten to breach, any rules or guidelines posted on the Site or for any other reason in our discretion.

Copyright © 2013 Cynvenio Biosystems, Inc. All Rights Reserved.