Terms and Conditions.
Last updated September 22, 2020
Agreement to Terms
Please review these Terms and Conditions carefully. These Terms and Conditions are a binding agreement between you and Synexis® LLC (together with its affiliates and subsidiaries, “Synexis”, “we”, “us”, or “our”) and govern your use of our website located at synexis.com, its subdomains, and any other websites containing a link to these Terms and Conditions, including any electronic commerce websites (the “Site”). By accessing, browsing, or using the Site, you acknowledge that you have read, understand, and agree to be bound by these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and must discontinue use immediately.
Synexis Systems are regulated by the US Environmental Protection Agency and state governments as antimicrobial devices. Accordingly, our Systems are produced in an EPA-registered facility and packaged and labeled in accordance with EPA regulations appearing at 40 CFR 152.500.
You agree that we may use any information we obtain about you in accordance with our Privacy Notice. These Terms and Conditions incorporate by reference the Privacy Notice.
Intellectual Property Rights
Unless otherwise indicated, the Site and all functionality, software, designs, logos, code, data, databases, audio, video, text, papers, product manuals, photographs, graphics, content, and other material on the Site (collectively, the “Content”) are owned by us. In addition, the Synexis name and logo, as well as other names, logos, and marks on the Site constitute registered and unregistered trademarks, tradenames, services marks, and other indicia of origin (collectively, the “Marks”) of us, our affiliates, content providers, or other entities. Ownership of the Marks and the goodwill associated with them remains with us or those other entities. The Marks and other Content are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Marks and other Content are provided on the Site “AS IS” for your information and for your personal, non-commercial use only. Except as expressly provided in these Terms and Condition, no part of the Site and no Marks or other Content may be used, copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any other purpose whatsoever, without our express prior written permission. You must abide by all rights notices, information, or other restrictions contained in or attached to any Content and must not remove any trademark, copyright, or other notice from any Content. We reserve all rights in the Site and the Content that is not expressly granted to you in these Terms and Conditions.
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; (5) you will not interfere with or disrupt the operation of the Site or servers providing the Site; and (6) your use of the Site will not violate any applicable law or regulation or any intellectual property rights of ours or any third party.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, notice, or liability, refuse, restrict access to, limit the availability of, modify, remove, discontinue or disable (to the extent technologically feasible) the Site, any functionality on the Site, any Content, or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Changes to Terms and Conditions and Supplemental Terms
We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will endeavor to provide notice of any material changes or modifications by posting on the “Terms and Conditions” page of the Site or emailing to you at the email address you provided to us. Your continued use of the Site following our posting or emailing of a notice of a change or modification constitutes your binding acceptance of such change or modification.
Some of the Site, or portions of the Site, may be subject to supplemental terms and conditions. Any such supplemental terms and conditions or documents will be posted on the Site from time to time, where applicable, and are hereby expressly incorporated herein by reference.
Linking to the Site
If you wish to link to any of the Site, you may only do so by including an active link on any website you control directing a browser to the applicable page of the Site, provided that you must remove the link at any time upon our request. You may not link to or otherwise provide access to the Site in any way that: (a) alters the look, feel, or functionality of any aspect of the Site or (b) in any way that disparages us, the Site, or any of our products or services or that could injure the reputation or goodwill of us or any of our products or services.
The Site may contain links to third-party websites or resources or may allow you to use third party products and services (collectively, “Third-Party Services”). We are not responsible to you for any Third-Party Services. Your use of Third-Party Services is subject to the terms and conditions, license agreements, privacy policies, and other policies and agreements applicable to such Third-Party Services. We do not approve or endorse any Third-Party Services, their content, or any views expressed on any Third-Party Service.
Disclaimer of Warranties and Limitation of Liability
The site, content, and third-party services are provided on an “as is” and “as available” basis, and your use of the site, content, and third-party services is entirely at your sole risk.
Synexis disclaims all representations and warranties of any kind, whether express, implied, or statutory, with respect to the site, any content, and any third-party services. Synexis does not represent or warrant that the content or any other information accessible on the site is accurate, complete, or current. Synexis does not represent or warrant that any part of the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components. Synexis does not represent or warrant that the use or the results of the use of site, content, or third-party services are of a certain quality, correctness, accuracy, reliability, or otherwise. Synexis disclaims all equitable indemnities.
In no event shall Synexis, our affiliates, or our or their directors, employees, or agents be liable for special, direct, indirect, exemplary, or consequential damages or any damages of any kind, including but not limited to loss of use, data, or profits. This limitation applies without regard to the form of any action, including but not limited to contract or in connection with the use, copying, or display of the contents of the site.
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 and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of liability of Synexis and its affiliates will be the minimum permitted under such applicable law.
These Terms and Conditions, and the relationship between us will be governed by the laws of the state of Kansas, without regard to its conflict of laws principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms and Conditions, the Site, any Content, or any other aspect of the Site will reside in the State Courts of Johnson County, Kansas and its corresponding Federal Courts.
We control and operate the Site from our offices within the United States, and the Site is intended for use from within the United States. The Site is not intended to subject us to the laws or jurisdictions of any state, country, or territory other than the United States. If you choose to access the Site from another location, you do so on your own initiative and are responsible for compliance with all applicable local laws.
Electronic Communications Notice
When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communication, you must have a printer or data storage device. If you wish to opt-out of receiving communications from us, please follow the procedures described in our Privacy Notice.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
These Terms and Conditions, together with the Privacy Notice, constitute the entire and exclusive agreement between us with respect to their subject matter, and govern your use of the Site, superseding any prior agreements or negotiations between us with respect to that subject matter. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found to be invalid, you nevertheless agree the court of applicable jurisdiction should endeavor to give effect to our intentions as reflected in the provision, and that the other provisions of these Terms and Conditions remain in full force and effect.