Terms Of Use

Using this website means that you accept these terms-by visiting this website you agree to be bound by the terms and conditions of this Agreement. If you do not agree please do not use or access our site.

This Terms of Use Agreement applies to our services available under the domain and subdomains of tynax.com (the "Exchange"). For simplicity, we refer to Tynax Inc. as 'Tynax', 'us', or 'we'. Similarly, this Agreement may refer to you as 'you', 'member', 'user', or 'viewer'.

You must read, agree with and accept all of the terms and conditions contained in this Terms of Use Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member or access the Exchange.

Click here for details of our Privacy Policy.

1-Over 18 Years of Age

The Exchange provides a public forum for members to exchange ideas and information. As such, children, or minors, using the Exchange can communicate with strangers, and may be exposed to inappropriate content. We therefore, restrict access to the Exchange to adults. Please do not use this website, or send any personal information to us, if you are under 18 years of age.

2-Privacy

Registration Data and certain other information about you is subject to our Privacy Policy.

3-Description of Service

The Exchange provides a venue to market patents and technology assets and find technologies to license or acquire.

The Exchange provides you with access to a rich collection of resources, including, various communications tools, forums, personalized content and branded programming (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for us to provide the Service. You also understand and agree that the service may include certain communications from us, such as service announcements, administrative messages and newsletters, and that these communications are considered part of our membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to this Terms of Use Agreement.

You understand and agree that the Service is provided "AS-IS" and that Tynax Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Tynax is not always involved in the actual transaction between buyers and sellers. As a result, Tynax has little or no control over the quality, safety or legality of the items advertised, the truth or accuracy of the Listings, the ability of sellers to sell items or the ability of buyers to pay for items. We cannot ensure that a buyer or seller will actually complete a transaction. Consequently, we do not transfer legal ownership of items or technology assets from the seller to the buyer, and nothing in this Agreement shall modify the governing provisions of Ca. Com. Code § 2401(2) and Uniform Com. Code § 2-401(2), under which legal ownership of an item is transferred upon delivery of the item to the buyer by the seller.

4-No Agency

Tynax Inc. is not an auctioneer and does not act as your agent, partner or joint venturer. In some cases, you may simply use the Exchange to simply gather information. In other cases, your involvement may become more significant-you may become a broker (Listing technologies on the Exchange for your own clients) , a message board moderator, a professional service provider (Listing your services offerings on the Exchange) and/or you may enter into collaborative sales and marketing promotions with Tynax. Unless otherwise expressly agreed in writing, and duly authorized by officers of Tynax Inc., you understand that no agency relationship exists between us. You are not allowed to represent us or make commitments on our behalf.

Although we offer services that may assist your company to raise funds and find appropriate M&A transactions, Tynax is not a securities broker and you agree to waive any rights that Tynax is licensed or registered in that regard.

5-Membership Eligibility

Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended members. If you do not qualify, please do not use our Exchange. Further, your Tynax account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.

6-Your Registration Obligations

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

7-Member Account, Password & Security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

In order to help some users to collaborate with team members and clients in the creation of Listings, we provide a feature that allows Listing owners to appoint editors and give them the ability to amend Listings. You understand that if you appoint an editor, then that individual, or another individual with that username and password will be able to modify, and even delete, your Listings. We urge caution in the appointment of editors.

8-Member Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Tynax, are responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Tynax does not entirely control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Tynax be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Tynax official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
n. promote or sell technologies that violate any import/export regulations.
o. sell or promote unregistered shares or any form of securities in violation of the Securities Act of 1933, the Securities Exchange Act of 1934 and any other rules related to securities transactions regulated by organizations and agencies such as the Security Exchange Commission (the "SEC") and the National Association of Securities Dealers (the "NASD").

You acknowledge that Tynax may not pre-screen Content, but that Tynax and its designees shall have the right (but not the obligation) in their sole discretion to remove any Content that is available via the Service. Without limiting the foregoing, Tynax and its designees shall have the right to remove any Content that violates this Terms of Use Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Tynax or submitted to us, including, without limitation, information in Tynax Message Boards, and in all other parts of the Service.

You acknowledge, consent and agree that Tynax may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Use Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Tynax, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Tynax and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

9-Content Submitted or Otherwise Made Available for Inclusion on the Service

You are solely responsible for the content of your information, and Tynax acts merely as a conduit for its distribution and publication. You agree to remove out-of-date and inaccurate Listings and content you have submitted to the Exchange.

We have the right, in our sole discretion, to accept or reject any technology Listing or posting at any time.

Tynax does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Tynax the following world-wide, royalty free and non-exclusive license(s), as applicable:

a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Tynax Message Boards, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific Tynax Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Tynax removes such Content from the Service.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or we remove such Content from the Service.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Tynax Message Boards, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Service are those areas of Tynax network of properties that are intended by Tynax to be available to the general public. By way of example, publicly accessible areas of the Service would include Message Boards.

10-Term of Listings

Your Listing will continue indefinitely, however the status will be modified to indicate whether the Listing is available, under offer, sold, temporary or permanently unavailable.

11-Identity Verification

We use techniques to verify the accuracy of the information our users provide us when they register on the Exchange. However, because user verification on the Internet is difficult, Tynax cannot and does not confirm each user's purported identity. You may also wish to consider using a third party escrow service or services that provide additional user verification.

12-Release

Because we are a venue, in the event that you have a dispute with one or more users, you release Tynax (and our officers, directors, agents, subsidiaries, joint venturers, shareholders, owners and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, or the business entity you represent is subject to California law, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

13-Acceptance of Risk

We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Exchange. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using the Exchange, you agree to accept such risks and Tynax is not responsible for the acts or omissions of users on the Exchange.

14-Listings

A Listing ("Listing") refers to any form of online advertisement posted on the Exchange. This includes postings of Technology For Sale and Technology Wanted advertisements.

Listings that you post on the Exchange must be anonymous. Tynax has the right to remove any patent numbers, email addresses, website addresses, telephone numbers, company names, individual names, or product names from your Listings and to edit such Listings in any way Tynax deems appropriate to remove any content that allows a viewer to make contact with you or the owner of the Listing directly.

You must be legally able to sell or license the Listings that you post on the Exchange. Your Listing must describe your technology and all terms relevant to the sale or licensing thereof.

Your Listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category.

15-Requests for Information & Tynax Sales Leads

Visitors on the Exchange viewing your Listings may submit a "Tell Me More" form requesting further information. A Tynax Sales Lead ("Tynax Sales Lead") is the email address or contact information of a party that has expressed an interest in your Listing through a "Tell Me More" request or another channel.  Tynax will forward Tynax Sales Leads to you using the email address you submitted when you registered with Tynax.   

16-Transaction Commissions & Payments

You agree to pay Tynax a twenty five percent transaction commission ("Commission") on the Total Transaction Value of any and all Transactions resulting from any and all Tynax Sales Leads.

Transaction ("Transaction") is defined as an arrangement involving any form of technology transfers, development projects or licensing agreements. Transactions include patent sales, technology licensing agreements, technology acquisitions, asset sales, research and development projects and company merger and acquisition agreements.

Total Transaction Value ("Total Transaction Value") is defined as the sum of all financial benefits you generate from Transactions including, but not limited to cash, shares or equity in one or more of the buyer or licensees company's, sale of one or more of your assets, debt assumption, debt forgiveness, OEM agreements, distribution agreements, technology licenses and royalties. Transactions are sometimes channeled through employment agreements-unusual agreements that involve the employee receiving compensation above and beyond the prevailing market rate. In this case, the difference between the compensation agreed in the employment and the prevailing market rate will contribute to the Total Transaction Value.

The Commission is payable when you receive the funds comprising the Total Transaction Value--if this consists of several partial payments, then pro-rata partial payments will be payable to Tynax. All payments to you in relation to all Transactions resulting from Tynax Sales Leads shall be made to the Client Trust Account of the law firm Greenberg Traurig, LLP ("Law Firm Trust Account") with the instructions that the funds will be immediately transferred to accounts nominated by you and Tynax. Hence, you and Tynax shall receive payment simultaneously. Tynax agrees to pay the costs of such Law Firm Trust Account. Alternatively, upon mutual agreement between yourself and Tynax, payment  shall be made via a reputable escrow service ("Escrow Account") with you and Tynax receiving payment simultaneously directly from such escrow account.  You agree to pay all costs associated with such Escrow Account.

The Total Transaction Value may be in the form of cash or other currencies such as stock, stock options and warrants. You agree to pay Tynax the Commission in cash. A current cash market value will be placed on any non-cash component of the Total Transaction Value.

Tynax reserves the right to change the above commission schedule at any time. All future Listings you create will be covered by the commission schedule in effect at the time of posting on the Exchange; however, the commission schedule applicable to a specific Listing will not be changed after the date of such Listing without your consent.

17-Transaction Status

At our request, you agree to provide us with names of any parties contacting you regarding technologies listed or technology needs posted with Tynax, other than parties contacted by you directly as a result of your own marketing efforts. Solely for the purposes of verifying the commissions due, you agree to notify Tynax periodically of the status of your technologies listed, technology needs or responses to others technology needs posted with Tynax including the status of any negotiations or transfers of your technologies or technologies responsive to your needs, the financial terms thereof and any value that has been received or to be paid by you. To confirm such data, Tynax may have your relevant books and records examined by an independent public accounting firm selected by Tynax from time to time (but not more than once with regard to any calendar year). If any such examination reveals that the payments due Tynax for any calendar year were more than 110% of the payments actually made for such year, you agree to pay for the reasonable cost of such examination.

18-Search Agents and Customized Information Services

We offer premium and customized search agents and information services. If you purchase such a service, you agree that you will not republish this information, or otherwise make it available, in whole or in part, to other individuals outside your organization. If this information service is provided under a separate agreement, please refer to that agreement for the binding terms and conditions of sale.

19-Termination

You agree that Tynax may, under certain circumstances and without prior notice, immediately terminate your account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Terms of Use Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Tynax account includes (a) removal of access to all offerings within the Service, including but not limited to Message Boards and Alerts, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Tynax's sole discretion and that Tynax shall not be liable to you or any third-party for any termination of your account or access to the Service.

Without limiting any other remedies, Tynax may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Exchange.

You agree that we may remove the content you have posted, submitted or otherwise made available for inclusion on the Service if we decide it is harmful, misleading or otherwise inappropriate for our viewers.

20-Access and Service Interference

You agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your information) from the Exchange without the prior written permission of Tynax and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Exchange or any activities conducted on the Exchange; or (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Exchange.

21-Public Information

You understand that Listings and other information posted on the Exchange will be made publicly available and syndicated extensively online through RSS feeds and various information channels.  You are accordingly advised not to disclose confidential or sensitive information on the Exchange.

22-We do Not Guarantee Accuracy

Tynax is not responsible for the accuracy of Listing descriptions and other information you may find on the Exchange.

23-We do Not Guarantee Uninterrupted Service

We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Exchange may be interfered with by numerous factors outside of our control.

24-International Users

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

25-Proprietary Rights & Copyright

All rights in and to the Exchange, Tynax database (the "Database"), the written components thereof and the services available on the Exchange and materials provided in connection therewith are proprietary to Tynax. The Exchange, its content and the materials utilized by Tynax in rendering the Service are protected by copyright, both with respect to individual content and as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, create derivative works from, distribute or otherwise exploit any of the content or software comprising the Exchange, or other Tynax materials without our prior written consent. You may, however, print portions of the Exchange's content for individual use, provided that you maintain all copyright and other notices contained in such content.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized in writing by Tynax or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Tynax grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Tynax for use in accessing the Service.

26-Links

The Service may provide, or third parties may provide, links to other World Wide Web websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that Tynax is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Tynax shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website or resource.

27-Service Interference

You agree not to use any device, software or routine to interfere with the proper working of the Exchange or which is intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information. You agree not to take any action that imposes an unreasonable load on our infrastructure. You agree not to take any actions that may undermine the integrity of any feedback system, such as: leaving feedback for yourself; leaving feedback for other users using secondary accounts or third parties; or leaving feedback intended to influence action that is outside the scope of the Exchange. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Services and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and Tynax will have no responsibility with respect thereto.

28-No Resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Tynax I.D.), use of the Service, or access to the Service.

29-Force Majeure

Tynax will not be liable for delays, errors or omissions in performance due to your failure to provide required resources, access to personnel, information or facilities or to causes beyond its reasonable control, and will be entitled to a reasonable extension of time to remedy any such delay or failure to perform.

30-NO WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TYNAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. TYNAX MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TYNAX OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN this Terms of Use Agreement.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

31-LIMIT TO LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TYNAX SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TYNAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

32-EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 30 AND 31 MAY NOT APPLY TO YOU.

33-Indemnity

You agree to indemnify and hold Tynax, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Terms of Use Agreement, or your violation of any rights of another.

34-Legal Compliance

You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Service and transfers of technologies in which you are involved, including without limitation all applicable import/export requirements, and Tynax will have no responsibility with respect thereto.

35-Notice

We may update this Terms of Use Agreement. We will notify you by sending a notice to the primary email address specified in your account or by placing a notice on our Exchange.

Any notices permitted or required under this Assignment shall be deemed given upon the date of personal delivery or forty-eight (48) hours after deposit in the United States mail, postage fully prepaid, return receipt requested, addressed to Tynax Inc. at the addresses set forth below:

Tynax Inc.
5610 Scotts Valley Drive, Ste B122
Scotts Valley, CA. 95066

36-Modifications to Service

Tynax reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tynax shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

37-Dealings with Advertisers, Intermediaries and Others you Meet on the Exchange

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tynax shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

38-Investment Issues

If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 30, 31 and 32 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Tynax and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

39-No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use Agreement, there shall be no third party beneficiaries to this Agreement.

40-Trademarks

Tynax is a trademark of Tynax Inc. Without our prior permission, you agree not to display or use in any manner, this or any other marks belonging to us. All other trademarks belong to their respective owners.

41-Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the State of California, without reference to conflicts of law principles. You agree to consent to submit to the jurisdiction of the Superior Court of the County of Santa Clara, California and waive the right to object to venue being set in Santa Clara, California.

42-Waiver and Severability of Terms

The failure of Tynax to exercise or enforce any right or provision of this Terms of Use Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Use 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 this Terms of Use Agreement remain in full force and effect.

43-Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Terms of Use Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

44-Titles

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

46-Entire Agreement

Unless you have a fully executed written agreement with Tynax that explicitly displaces one or more terms of this Agreement, then this Terms of Use Agreement constitutes the entire agreement between you and Tynax and governs your use of the Service.

47-RSS Feeds

Tynax aggregates technology news from third party websites all over the world. Copyright to the articles belongs to the owners of such articles.  Copyright to the RSS feed rests with Tynax. Tynax offers RSS as a free service according to these Terms of Use. Free  access to our RSS feeds is for non-commercial purposes only and on condition that none of the links or content embedded in the feeds are removed or that the RSS feed is altered in any way to misrepresent the source or ownership of the news stories, RSS feed and other content delivered.

Questions

If you have any questions on this Terms of Use Agreement, please email us at the following address: TermsOfUseQuestions@tynax.com.

Revision: Aug-18-2009