Office: 813.600.5530 • Fax: 813.600.3235 • info@syndaver.com • 8506 Benjamin Road, Tampa FL 33634

Terms of Use

Welcome

Welcome to www.syndaver.com, the international web site (Site) for SynDaver™ Labs (the Company). Please review these Terms of Use (Terms). Your use of this Site constitutes your acceptance of these Terms, and if you do not agree to abide by all provisions contained herein you must not use the Site. The Company also may make changes to these Terms, which will be posted to this Site and become effective immediately upon posting. For this reason, we urge you to read these Terms in their entirety. These Terms were last updated on February 15, 2009.

Scope

We control and operate this Site from the United States of America. This Site is intended for use by United States residents only and contains information regarding the Company’s products and services available for sale or distribution within the United States. If you are not a U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable. Any references to products or services on the Site do not imply that the Company intends to announce or offer these products or services in your country.

Registered Users

Visitors to the Site may use the public areas of the Site for informational purposes and are subject to these Terms. In addition, certain areas of this Site contain information intended only for medical industry professionals. Accordingly, the Company reserves the right to limit access to certain areas of the Site to individuals who register and meet the qualifications imposed by us. The resources provided in the password-protected areas of this Site are specific to and intended for medical industry professionals who specialize in the medical specialties that we serve. To register, an individual must provide us with certain personal information, including his or her name, profession, email address, postal address, title and industry affiliation. If you do not qualify, please do not attempt to register with us. Upon our review and acceptance of your registration information, the Company will provide you with a User ID and password. The information you provide must be accurate and complete, and it is your responsibility to inform us of any changes to that information by emailing us using the “Contact Us” link at the top of each page. We reserve the right to discontinue access to any portion of the Site at any time, without notice and for any reason. If you become a registered user, you are responsible for maintaining confidentiality of your User ID and password. If you become aware of unauthorized use of your User ID and password, you agree to immediately notify the Company. Information provided by you is subject to our Privacy Policy.

Modifications to Site

The Company reserves the right to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site. The Company shall not be liable to you or any third party in the event that the Company exercises its right to modify or discontinue any portion of the Site. Unless explicitly stated otherwise, any new features that augment or enhance the Site shall be subject to these Terms.

Copyright Notice

All of the trademarks, service marks and logos displayed on this Site are registered and unregistered trademarks of the Company, its affiliates or subsidiaries, or third parties who have licensed their trademarks to the Company or one of its affiliates or subsidiaries. In addition, all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained on this Site or in commercially produced information presented to you through the Site by the Company, its affiliates or the Company’s third party licensors (Content) is protected by copyright, patents or other proprietary agreements and laws and you are only permitted to use content as expressly authorized by the Company, its affiliates or its licensors. Nothing contained herein transfers any right, title, or interest in the Site or the Content to you.

You may download, view, copy and print our Content, subject to the following:

(a) the Content may be used solely for personal, informational, or internal business purposes;
(b) any and all copyright, trademark and other proprietary rights notices must appear on all copies;
(c) the Content may not be modified or altered in any way; and
(d) no graphics may be used separate from accompanying text.

Except as provided above, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, frame, mirror on another Web service, use any meta tags, inline any graphics or distribute any Content or information from the Site in whole or in part without the express permission of the Company. Requests for such permission should be made using the “Contact Us” link that resides at the top of each page. Any rights not expressly granted herein are reserved. Please be advised that the Company enforces its intellectual property rights to the fullest extent of the law.

Certain product, service, or company designations for companies other than the Company may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In instances where the Company is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for information regarding such designations and their registration status.

No Medical Advice

The information on this Site is provided for informational purposes only and is not intended or recommended as a substitute for professional medical advice. Always seek the advice of your physician or other qualified health care provider regarding any medical condition or treatment.

We may also include certain information, reference guides and databases intended for use by medical professionals. These tools are not intended to give medical advice. Physicians and other health care providers should exercise their own clinical judgment for any situation.

User Feedback

The Company is pleased to hear from visitors and welcomes your comments regarding the Site. Please be advised, however, that the Company and its employees do not accept or consider unsolicited ideas, including ideas for new products or technologies, processes, materials, marketing plans, or new product names. Please do not send your unsolicited ideas or any original materials to the Company or anyone at the Company. If, despite this request, you still send the Company your ideas and materials, please understand that by submitting the information through this Site, you assign the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. We will be entitled to use any information and materials you submit through this Site for any purpose whatsoever without restriction and without compensating you in any way, and by submitting any such information and materials, you represent to the Company that you have the right to do so. If you feel you have intellectual property that would be interested in please contact us directly prior to disclosure so we may execute a bilateral secrecy agreement.

Resume Submission

The Company may allow online submission of resumes in response to job postings on the Site. Your personal information is subject to our Privacy Policy. You agree not to post any false or inaccurate biographical information. Recruiters representing candidates may not send resumes in response to job postings on the Site. There is a risk that your resume may be lost or intercepted by a third party if you submit it to the Company through the Site. The Company cannot be held responsible for any loss arising from the transmission or use of resumes obtained through the Site. In addition, the Company may contract with a third party service provider to host the resume submission page.

Links

The Site may provide links to web sites operated by the Company outside of the U.S. as well as web sites operated by third parties. Please refer to the separate terms of use, privacy policies, and other rules posted on these linked sites before you use them. Third party links are provided merely as a convenience to you, and the inclusion of any link does not imply affiliation or endorsement by the Company. The Company does not review, monitor or check the accuracy of content published on third party sites, and is not responsible for content provided on third party sites.

In general, in the absence of any other agreement with the Company, you may link or hyper-link to the home page of the Site from your web site, subject to the following:

(a) you notify us by email using the “Contact Us” link that resides at the top of each page;
(b) you do not frame the Site or any portion of the Site;
(c) you do not link into any page other than the home page;
(d) the link is not used in a way that suggests that the Company endorses your site;
(e) the link is identified using plain text of the the Company’s name and not any trademark or logo;
(f) the link is not used in a way that dilutes the quality of the Company’s trademarks or goodwill;
(g) you agree that we may terminate your right to link to the Site at any time for any reason.

Securities Laws

This Site may include forward looking statements that involve risks and uncertainties concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are beyond our control. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities filings or documents. We wish to caution the reader that actual results may differ from those discussed in the forward-looking statements and may be adversely affected by, among other things, risks associated with other factors described in the our filings with the Securities and Exchange Commission.

No Resale

Your right to use the Site is personal to you. You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of the Company. We will pursue violators to the fullest extent of the law.

Indemnity

You agree to indemnify, defend and hold the Company, its parents, subsidiaries, affiliates, shareholders, directors, officers, employees and agents, harmless from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of, or in any way connected with your use of the Site or your violation of these Terms.

Acknowledgment

By accessing this Site or registering with the Company, you agree to all the terms and conditions of these Terms. You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement. In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, the determination shall affect only the portion of the provision determined to be invalid, unenforceable, or void, and shall not affect the remainder of that provision in any way. You agree to allow a court or arbitrator to replace such an invalid, unenforceable, or void provision with a valid provision which is as similar as possible in substance to the invalid, unenforceable, or void provision. The Company’s failure to act with respect to any breach by you does not constitute a waiver of our right to act with respect to similar breaches.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. You hereby consent to personal jurisdiction by the state and federal courts located in Hillsborough County, Florida.

The Company may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of the Company.

These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by the Company on the Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.