Terms of Service

In consideration of SYNTYCHE, Inc. ("Syntyche," "we," "us" or "our") providing you (which term, as used herein, includes you personally and, if you are using this website on behalf of the company or organization on whose behalf we grant you access) access to our Internet website, myreplunch.com (the "Website"), and the information, documents, reports, data, features, functionalities and software that may be offered to you through the Website and all other materials on the Website (collectively, the "Content"), as may be revised from time to time, you agree to the following Terms of Use:

GENERAL

The Website myreplunch.com is owned and operated by Syntyche, Inc., a Virginia corporation, and is intended to merely facilitate communications between you and those restaurants which have chosen to become registered members of myreplunch.com "Suppliers"). Neither Syntyche nor myreplunch.com are in any way responsible for the quality of goods or services offered by such Suppliers.

You are directed to review the Website's Customer Service section for detailed instructions and applicable rules regarding the cancellation of your orders placed via access to the Website, and for contact information relating to reporting incorrect orders and other customer service issues. All questions regarding products or restaurant services featured on the Website first should be directed to your myreplunch.com representative at the telephone number listed on the myreplunch.com contact page.

PROMOTIONS

Myreplunch.com reserves the right to, in its sole discretion, and without prior notice, announce incentives or promotional programs regarding the use of its services, shorten or extend the duration of any incentive or promotion program and/or modify or terminate any such incentive or promotion programs.

PRICES

The information regarding price, product specifications and availability contained on the Website has been provided to myreplunch.com by its member Suppliers. Myreplunch.com will make every effort to ensure that the menu prices listed on the Website generally correspond to those charged by the member Suppliers at the time any order entered on the Website is delivered, shipped or available for pickup by you or to your designee. Although myreplunch.com attempts to ensure that a Supplier's prices for every menu item listed on the Website are the same as those published in Supplier's restaurant on the date ordered by you, prices and product availability may change, between the date you placed the order and the date the order is either picked up or delivered. In addition, prices charged by Suppliers utilizing third party delivery services may, on occasion, be higher than those charged for the same menu items at the Supplier's restaurant. In any event where the checkout price and the price posted on the Website are different, however, the checkout price will prevail in every case. myRepLunch.com will, of course, make every effort to immediately correct any inaccurate information provided to it by its member Suppliers.

ALCOHOLIC BEVERAGES/TOBACCO PRODUCTS PROHIBITED

Access to myRepLunch.com may not be utilized to place orders for the delivery of alcoholic beverages and/or tobacco products from any member Supplier. By entering into these Terms of Service you acknowledge and agree:

  1. that any sale of alcohol beverages and/or tobacco products to you by member Supplier utilizing myreplunch.com is a material breach of these Terms of Use, and that any such sale is being made by the member Supplier directly to you without the knowledge, consent or involvement of Syntyche or myreplunch.com;
  2. that neither Syntyche, myRepLunch.com nor any of its affiliates, partners, officers, directors, employees, shareholders, agents, nor their heirs or assigns (collectively "Syntyche Parties") shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of any alcoholic beverages and/or tobacco products ordered or delivered in contravention of the provisions of these Term of Use, nor any consequence thereof; and
  3. that, without limiting anything set forth in these Terms of Use and in addition thereto, you shall indemnify and hold harmless the Syntyche Parties for, from and against any and all claims, demands, losses, costs and expenses (including the cost of any investigation and reasonable attorneys' fees), damages, obligations, deficiencies and liabilities, which arise, result from or are related to: (i) processing of order(s) for alcoholic beverage(s) and/or tobacco product(s); (ii) purchase of the alcoholic beverage(s) and/or tobacco product(s); (iii) delivery of the alcoholic beverage(s) and/or tobacco product(s); (iv) consumption of alcoholic beverage(s) and/or tobacco product(s), and/or (v) any and all consequences of any of the foregoing.

The Website and the Content are the property of Syntyche and are protected by applicable copyright, patent, trademark and other intellectual property laws. Except as expressly authorized herein, you may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the Website or the Content in any manner (including electronic, print or other media now known or hereafter developed) without the express written consent of Syntyche. Use of the Website or the Content in violation of these Terms of Use, or any applicable law, rule or regulation (whether of the United States or other countries), or the rights of any third party is prohibited. You agree not to use the Website or the Content for any unlawful purposes and comply with any and all requests from us to protect our respective rights in the Website and the Content. You may use the Website and the Content only for your personal use. You may download the Content to your computer and print out a hard copy for your

reference and internal use and display, but you will not remove any copyright or other notices contained in the Content. Syntyche expressly prohibits the use of devices (including software) designed to provide repeated automated access to the Website and the Content for any commercial purpose except for those expressly authorized by Syntyche. Syntyche reserves the right to take any and all measures necessary to prevent such access, including denial or termination of your access to the Website.

GENERAL DISCLAIMERS

Syntyche is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized myreplunch.com employee spokespersons while acting in their official capacities.

Syntyche does not review and assumes no responsibility for any content received from, or created by, any third parties. Furthermore, Syntyche does not review and assumes no responsibility for any products or services mentioned on the Website, whether provided by myreplunch.com, affiliated Suppliers or unaffiliated third parties. By entering into these Terms of Service you agree to make your own independent evaluation of the products and services mentioned on the Website, including their quality.

Syntyche is not responsible for any content or links found at any website, location or source, appearing at the Website other than those directing users to myreplunch.com Syntyche provides such links only as a convenience to you, and it has not tested any software or verified any content found at such sites, locations or sources. The fact that we have provided a link to any non-myreplunch.com website, location or source does not signify our endorsement of the website or its contents. There are inherent risks in the use of any software and/or content found on the Internet, and you acknowledge that you understand these risks.

Syntyche makes no representation or warranty that the restaurant descriptions, identification, contact information, menu listings, price information, availability, hours of operation, delivery options and terms, or any other information provided on the Website, regardless of its source, is accurate, complete, reliable, current or error-free. Website content is provided for personal information and research purposes only, and does not constitute an endorsement by Syntyche of the suitability of any restaurant, seller, service or product, whatever the respective source of information. Syntyche disclaims all liability for any inaccuracy, error or incompleteness in the Website content, whether arising from the original content or Syntyche incorporation of such data into the Website.

Syntyche and its affiliates may have relationships with some of the Suppliers or third parties which are part of the Website content. Syntyche reserves the right to determine placement of Website content and may provide preferential placement to Suppliers or third parties with which it has a business relationship. Syntyche may also receive transaction, promotional or other fees from Suppliers or third parties in connection with the activity conducted on the Website or relating to services provided by Syntyche or its affiliates.

Syntyche may provide links from the Website to services provided by Syntyche or its affiliates, or to third-party businesses. These links are provided as a convenience to you, and do not constitute an endorsement by Syntyche of the content of such third-party sites nor of the business practices of such third-party businesses. Syntyche does not examine or evaluate, or warrant or accept responsibility for, the products, services, offerings or business practices of any third party business. Syntyche has no control over the quality, safety or legality of any product or service sold by third parties identified on the Website.

Syntyche is not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, Syntyche may not update any Content including to take into account material changes or new information.

USER CODES

In connection with your use of or access to the Website, Syntyche may from time to time provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Website on behalf of any company or organization, any other employee in your company or organization, except as may be specifically described in the User Provisions. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. We reserve the right to revoke or modify the User Codes at any time without prior notice.

CONSENT TO RECORDING AND MONITORING

You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Website or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right to monitor any and all use of the Website.

USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES

You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Website, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.

In addition, Syntyche assumes no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. MYREPLUNCH.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES. AS TO THE OPERATION OF THE WEBSITE, SYNTYCHE AND MYREPLUNCH.COM MAKE NO WARRANTY THAT (i) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU (AND NOT SYNTYCHE OR MYREPLUNCH.COM) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE WEBSITE UNLESS THESE COSTS RESULT FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SYNTYCHE AND/OR MYREPLUNCH.COM. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH SYNTYCHE AND/OR MYREPLUNCH.COM LINK, AND ALL OPERATIONS ON THE WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. BY USING THE SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD MYREPLUNCH.COM OR ITS AFFILIATES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, INCLUDING THE ONES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF CONTENT AVAILABLE ON THE WEBSITE (OR ANY OTHER LINKED WEBSITE, LOCATION OR SOURCE). NEITHER SYNTYCHE, MYREPLUNCH.COM NOR ITS AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNLESS THESE COSTS RESULT FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SYNTYCHE AND/OR MYREPLUNCH.COM. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.

USER REPRESENTATIONS AND WARRANTIES

As the User of the myreplunch.com Website you hereby represent and warrant that:

  1. You have read, accepted, and agree to provide by all of the conditions of the Terms of Use Agreement ("Terms")herin;
  2. You are the person to whom the User Codes, as described in the Terms, that were issued by Syntyche and/or myreplunch.com and will be use or have been used to access the Website, and that the information you provided to Syntyche and/or myreplunch.com in connection with the issuance of such User Codes, if any, was and is accurate and complete, or (ii) you are accessing the Website as the authorized representative of the company or organization to whom the User Codes you used to access the Site were issued by Syntyche and/or myreplunch.com;
  3. If you are accessing the Website on behalf of the company or organization to whom the User Codes you used to access the Website were issued by Syntyche and/or myreplunch.com, you are duly authorized by all necessary action and have all consents, rights and authority to execute these Terms of Use on behalf of yourself and your principals and the company or organization on whose behalf we grant you access to the Site;
  4. You will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Website;
  5. If Syntyche and/or myreplunch.com grant you access to the Website in your individual capacity, you are of the age of majority; and
  6. You have all consents, rights and authority to provide any and all information transmitted by you to us using the Website, all such information is accurate and complete and Syntyche and/or myreplunch.com may rely on it.

LOCATION; GOVERNING LAW

The Website is published in the United States. You agree that any access to or use of the Website or the Content will be deemed to be entirely at our facility in Virginia, under and subject to applicable Virginia and United States Federal law, rules and regulations, to the same extent as if you were to physically come to our offices in Virginia and, without assistance or solicitation, copy material contained in our library. These Terms of Use and all the terms herein will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to principles of conflicts of law. Any such controversy will be submitted exclusively to Federal or state courts in the Commonwealth of Virginia. You consent to personal jurisdiction in any applicable court for purposes of any such litigation.

WAIVER OF JURY TRIAL

Any right to trial by jury with respect to any claim or action is hereby waived by all parties to these Terms of Use.

MODIFICATION; TERMINATION

Syntyche may at any time and for any reason (a) with or without prior notice to you, modify or discontinue, in whole or in part, any portion of the Website (including the Content or hours of availability) and/or your access to the Website, and (b) upon written notice or posting to the Website, modify these Terms of Use. These Terms of Use (as may be revised from time to time as described herein) are irrevocable and will survive the termination of your access to, and use of, the Website, and your relationship with Syntyche and/or myreplunch.com. You agree that if you use the Website and/or the Content after such notification of changes in the Terms of Use, you will be bound by all such changes.

FORCE MAJEURE

Neither Syntyche, myreplunch.com nor any of their affiliates are liable for losses caused directly or indirectly by any of our non-performance as a result of events beyond our control including natural disasters, acts of God, war, terrorism actions or decrees of governmental bodies, exchange or market rulings, failure of communication lines or utility systems, equipment and systems failures, unauthorized access, and theft (each, a "Force Majeure Event"). All of our obligations with respect to the effected elements under these Terms of Use will be suspended for the duration of such Force Majeure Event.

MISCELLANEOUS

These Terms of Use represents the complete and exclusive statement of the agreement and understanding between you and us regarding your rights to access the Website and to use the Content and, supersedes all agreements which you may sign with us, and all representations (whether written or oral), regarding such subject matter. Except as herein provided, no waiver, modification or amendment of any provision of these Terms of Use will be effective against us unless the same is in writing and signed by one of our executive officers. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Our failure to insist at any time upon strict compliance with any term of these Terms of Use, or any delay or failure on our part to exercise any power or right given to us in these Terms of Use, or a continued course of such conduct on our part will at no time operate as a waiver of such power or right, nor will any single or partial exercise preclude any other future exercise. All rights and remedies given to us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which we otherwise have at law or equity. These Terms of Use will be binding upon you and your executors, heirs, successors and assigns. Any and all headings in the text of these Terms of Use are solely for convenience or reference and do not constitute a part of these Terms of Use, nor do they affect the meaning, construction or effect of these Terms of Use. The terms "including" and "includes" as used in these Terms of Use are intended to identify some, but not all, examples relevant to the subject matter and, therefore, should be read as "including, but not limited to" or "includes, but not limited to." Neither you nor Syntyche may assign or delegate its rights, duties or obligations under these Terms of Use without the prior written consent of the other party. Syntyche may, however, assign these Terms of Use, or any rights or obligations hereunder, to an affiliate, subsidiary or any entity owned, controlled by or under common control with us, or pursuant to a merger, consolidation, change of control or corporate reorganization. These Terms of Use are in addition to, and do not nullify, any other agreement between you and Syntyche governing the conduct of your relationship with Syntyche or any other applicable terms and conditions found on the Website.

ELECTRONIC DOCUMENTS

Syntyche may, in our sole discretion, seek your consent to the terms and conditions of these Terms of Use and certain other agreements on the Website by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to these Terms of Use, affirmatively "click" on boxes containing the words "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to these Terms of Use or accessing the Website or using any of the Content after you have had an opportunity to review these Terms of Use, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Website intend to form a legally binding contract between you and Syntyche and myreplunch.com; (ii) that you have read and agree to the terms and conditions of these Terms of Use; (iii) that you agree and intend that these Terms of Use to be the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to these Terms of Use, you acknowledge that you have received a copy of these Terms of Use by your viewing a web page containing a hyperlink to the web page where these Terms of Use are displayed or otherwise; and (v) that if you are executing these Terms of Use on behalf of others, you hereby certify that you are an authorized representative, duly authorized, including where applicable, by all required corporate action to act on behalf of such others.

LEGAL NOTICES

By accessing and using the Website, you accept and agree to these terms and conditions. Syntyche reserves the right to modify or revise these Terms of Use or other applicable policies at any time in its sole discretion. Modifications to these Terms of Use and Operation shall become automatically effective upon posting to the Site. Continued use of the Website after posting of modifications shall constitute your acceptance of the modified Terms of Use. In the event that you do not agree to the Terms of Use at any time, you must immediately discontinue access and use of the myreplunch.com website.

Syntyche grants you a non-exclusive right and license to access and use the Website for the purpose of conducting research to identify potential restaurants of personal interest. This license

Does not permit you to collect or re-use or repurpose any menu listings or restaurant information, descriptions or prices other than are as expressly authorized herein; to make any derivative use of the Website or its contents; or to conduct any data mining activity, whether automatically with robots or spiders or manually using data gathering and extraction techniques. The Website or its contents, in whole or in part, may not be reproduced, duplicated, copied, sold, utilized or otherwise exploited for any unauthorized commercial purpose without the express written consent of Syntyche.

Unauthorized use under these Terms of Use shall cause the immediate and automatic termination of any license you may have previously had, and may subject you to civil and/or criminal prosecution. You may not use any Syntyche, myreplunch.com, subsidiary, affiliate, partner or other logo, graphic or trademark contained on the Website without the advance written consent of Syntyche or its lawful designate or assign.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES

THE SITE IS PROVIDED BY SYNTYCHE/MYREPLUNCH.COM ON AN "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SYNTYCHE/MYREPLUCH.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. IN ADDITION, THIRD PARTIES PROVIDE SOME OF THE MATERIAL ON THE SITE; TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SYNTYCHE/MYREPLUCH.COM SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK. SYNTYCHE/MYREPLUCH.COM DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SYNTYCHE/MYREPLUCH.COM 'S CONTROL.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNTYCHE/MYREPLUCH.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS REGARDING THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SYNTYCHE/MYREPLUCH.COM MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES REVIEWED ON THE WEBSITE OR BOUGHT AND/OR SOLD USING THE WEBSITE, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED BY THEM, OR THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM SYNTYCHE/MYREPLUCH.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYNTYCHE/MYREPLUCH.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE,

INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RELATED TO LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES UNLESS THESE COSTS RESULT FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SYNTYCHE AND/OR MYREPLUNCH.COM.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.

MERGER CLAUSE/ SEVERABILITY

If any provision of these Terms of Use is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable to the fullest extent of the law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of Synteche to act with respect to a breach by you or others does not waive Syntyche's right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by Syntyche, in its sole discretion, to a third party. You may not assign your obligations to any other entity.