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SyMplify Technologies
© 2007    |   Usage Agreement

Terms of Use
Welcome to www.symplifytech.com (the "Site"). By using the Web pages hosted by Sy.Med Development, Inc., you agree to the following terms and conditions.

Service
Sy.Med Development, Inc. reserves the right to modify or discontinue, all or any part of this Site with or without notice, and to establish general guidelines and limitations on their use. You may obtain access to other sites on the Internet through these pages. By providing this service, Sy.Med Development, Inc. does not take any responsibility or liability for information or publications of third parties on the Internet, even if you access them through these pages.

Trademarks and Copyrights
This Site and all materials incorporated by Sy.Med Development, Inc. on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos or other images incorporated by Sy.Med Development, Inc. on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Sy.Med Development, Inc. or others ("Trademarks"). Sy.Med Development, Inc. respects the intellectual property rights of others and asks users of this Site to do the same.

Your Use of Content
Your right to use this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a prohibited violation of the Copyrights or Trademarks.

You may access and display Material and content displayed on this Site for non-commercial, personal, entertainment on a single computer only. The Material and all other content on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Sy.Med Development, Inc. Networks. Any authorization to copy Material granted by Sy.Med Development, Inc. in any part of this Site is restricted to making a single copy for non-commercial, personal, entertainment on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices.

Using any Material on any other Web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software, is prohibited.

Our Use of Content
Sy.Med Development, Inc. will consider anything you provide to Sy.Med Development, Inc. and/or contribute to this Site as available for our use free of any obligations to you, except where we have expressly solicited Invited Submissions and those submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see "Submissions, Postings and E-mails" above), in which event those Additional Terms will determine how we will treat your Invited Submissions.

Subject to the provisions of any Additional Terms, by posting or uploading any content to this Site and/or providing any communication or material to Sy.Med Development, Inc. ("User Content"), you automatically and irrevocably:
(a) grant and assign to Sy.Med Development, Inc. any and all rights in the User Content throughout the world including without limitation all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing and/or other exploitation by Sy.Med Development, Inc. and/or by any person authorized by Sy.Med Development, Inc., by any means and in all media now known or hereafter devised without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
(b) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
(c) appoint Sy.Med Development, Inc. as your agent with full power to enter into any document and/or do any act Sy.Med Development, Inc. may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
(d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use;
(e) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that Sy.Med Development, Inc. shall not be liable for any use or disclosure of such User Content.

Submissions, Postings and E-mails
Portions of these pages provide users an opportunity to contribute ideas and information. Ideas and information submitted do not necessarily reflect the views of Sy.Med Development, Inc.. While using these pages, you may not post, transmit or otherwise distribute any material that may be unlawful, obscene, defamatory, threatening, infringing on any copyright or other rights of others, or damaging to software or hardware. You may not advertise or solicit on these pages without Sy.Med Development, Inc.'s express permission.

Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users.

You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Site is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by Sy.Med Development, Inc.) or privately transmitted on or through this Site are the sole responsibility of the sender, not Sy.Med Development, Inc., and that you are responsible for all material you upload, post or otherwise transmit to or through this Site.

In addition, you are prohibited from removing any sponsorship banners or other material inserted by Sy.Med Development, Inc. anywhere on this Site (e.g., on any Web space made available for your use).

Sy.Med Development, Inc. reserves the right, which it may or may not exercise, to review, edit or delete any material that it deems to be inappropriate or in violation of these Terms and Conditions of Use and to deny access to anyone who violates these Terms and Conditions of Use. NOTWITHSTANDING THE ABOVE, Sy.Med Development, Inc. EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THESE PAGES OR FOR ANY CLAIMS, DAMAGES OR LOSSES RESULTING FROM THE USE THEREOF.

Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. Sy.Med Development, Inc. AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN SyMed.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Sy.Med Development, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Sy.Med Development, Inc. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Sy.Med Development, Inc.'S WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Sy.Med Development, Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN Sy.Med.COM OR ANY SITES LINKED TO Sy.Med.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Sy.Med Development, Inc. MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN Sy.Med.COM WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Sy.Med Development, Inc. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Sy.Med.COM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability
Sy.Med Development, Inc. DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNATIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, Sy.Med.COM OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON Sy.Med.COM, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF Sy.Med Development, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

YOU (AND NOT Sy.Med Development, Inc.) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Jurisdiction
These pages are controlled and operated by Sy.Med Development, Inc. in the United States and are intended for use within the United States. Sy.Med Development, Inc. makes no representation that materials on these pages are appropriate or available for use in other locations. Those who choose to access these pages from other locations do so on their own initiative and are responsible for compliance with local laws. These Terms and Conditions of Use shall be construed and enforced in accordance with the laws of the State of Tennessee. Any action to enforce these Terms and Conditions of Use shall be brought in the federal or state courts located in the State of Tennessee.

System Abuse
Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely effect the operation or enjoyment of this Site by any other person. You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

Investigations
Sy.Med Development, Inc. reserves the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any submission, posting or e-mails you make or send to any Forum. Sy.Med Development, Inc. may seek to gather information from the user who is suspected of violating these Terms of Use, and from any other user. Sy.Med Development, Inc. may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Sy.Med Development, Inc. Networks believes, in its sole discretion, that a violation of these Terms of Use has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate.

Sy.Med Development, Inc. will cooperate with any law enforcement authorities or court order requesting or directing Sy.Med Development, Inc. to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS Sy.Med Development, Inc. FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Sy.Med Development, Inc. DURING OR AS A RESULT OF ITS INVESTIGATIONS OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER Sy.Med Development, Inc. OR LAW ENFORCEMENT AUTHORITIES.

Indemnity
You agree to indemnify and hold harmless Sy.Med Development, Inc. and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, or from your placement or transmission of any content onto Sy.Med Development, Inc.'s servers, or from any and all use of your account.

Please note that these Terms of Use may be revised and reissued without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use, since your continued use of the Site will be deemed as irrevocable acceptance of any revisions. These Terms of Use were last updated on July 1, 2000.

Privacy Information
Sy.Med Development, Inc. recognizes the importance of protecting the information that we collect from customers during the process of registering for a service, product, newsletter, or membership area of the Site. It is our policy to use the information we acquire through the registration process or through user postings at our sites for internal business uses only, and we maintain appropriate security measures to keep this information private. Gathering this information helps us develop Web sites and products to match your interests.

Collected Information
We require customers who register to use the services ("Services") offered on our Site to give us contact information, such as their name, company name, address, phone number, and e-mail address, and financial qualification and billing information, such as billing name and address, credit card number, and the number of users within the organization that will be using the Services. At the time you express interest in attaining additional information, or when you register for the service, we may also ask for additional personal information, such as title, department name, fax number, or additional company information, such as annual revenues, number of employees, or industry. Customers can opt out of providing this additional information by not entering it when asked.

Sy.Med Development, Inc. uses the information that we collect to set up Services for individuals and their organizations. We may also use the information to contact customers to further discuss customer interest in our company, the Services that we provide, and to send information regarding our company or partners, such as promotions and events. Customers are invited to receive an email newsletter by providing an email address. Customer email addresses and any personal customer information will not be distributed or shared with any third parties. Customers can opt out of being contacted by us, or receiving such information from us, at any time by sending an email to info@symed.com. Separately, customers are also asked to provide an email address when registering for the Service, in order to receive a username and password. We may also email information regarding updates to the Service or company, and will send a Customer Newsletter. Again, email will not be distributed or shared and customers can opt out of receiving any communication by emailing info@symed.com at the time it is distributed, or at the time any customer registers for the Service.

Except as we explicitly state at the time we request information, or as provided for in the Sy.Med Development, Inc. Terms of Use, we do not disclose to any third-party the information provided. All financial and billing information that we collect through the Site is used solely to check the qualifications of prospective customers and to bill for Services. This billing information is not used by Sy.Med Development, Inc. for marketing or promotional purposes. Sy.Med Development, Inc. uses a third-party intermediary to manage the credit card processing. This intermediary is solely a link in the distribution chain, and is not permitted to store, retain, or use the information provided, except for the sole purpose of credit card processing. Other third parties, such as content providers, may provide content on the web Site but they are not permitted to collect any information nor does Sy.Med Development, Inc. share any user information with these parties.

Customers of the Service will be using the Site to host data and information ("Data"). Sy.Med Development, Inc. will not review, share, distribute, print, or reference any such Data except as provided in the Sy.Med Development, Inc. Terms of Use, or as may be required by law. Individual records may at times be viewed or accessed only for the purpose of resolving a problem, support issue, or suspected violation of the Terms of Use, or as may be required by law. Of course, customers are responsible for maintaining the confidentiality and security of their user registration and password.

Sy.Med Development, Inc. may also collect certain information from visitors to and customers of the Site, such as Internet addresses. This information is logged to help diagnose technical problems, and to administer our Site in order to constantly improve the quality of the Service. We may also track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.

Cookies
When you interact with the Sy.Med Development, Inc. Website we strive to make that experience easy and meaningful. When you come to our Web site, our Web server may send a cookie to your computer. Cookies are files that Web browsers place on a computer's hard drive and are used to tell us whether customers and visitors have visited the Site previously.

Standing alone, cookies do not identify you personally. They merely recognize your browser. Unless you choose to identify yourself to Sy.Med Development, Inc., you remain anonymous to Sy.Med Development, Inc.. Cookies come in two flavors: session and persistent-based. Session cookies exist only during an online session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you've closed your browser or turned off your computer. They include such information as a unique identifier for your browser.

Third-Party Sites
The Site contains links to other web sites. Sy.Med Development, Inc. is not responsible for the privacy practices or the content of these other web sites. Customers and visitors will need to check the policy statement of these others web sites to understand their policies. Customers and visitors who access a linked site may be disclosing their private information. It is the responsibility of the user to keep such information private and confidential.

Opt-Out Policy
Sy.Med Development, Inc. offers its visitors and customers a means to choose how we may use information provided. If, at any time after registering for information or ordering Services, you change your mind about receiving information from us or about sharing your information with third parties, send us a request specifying your new choice. Simply send your request to info@symed.com.

Additional Information
Questions regarding this Statement or the practices of this Site should be directed to Sy.Med Development, Inc. by e-mailing such questions to info@symed.com.