MYOLYN Terms of Use

TERMS OF USE

The website myolyn.com is owned and operated by Myolyn, Inc. (“Myolyn” or “we,” “our” or “us”). These “Terms of Use” govern your use of any online service location (e.g., website or mobile app) that posts a link to these Terms of Use (each a “Site”) (including, without limitation, both mobile and online versions), and also applies to your use of interactive features, widgets, plug-ins, content, downloads and/or other services that we own and control and make available through a Site and/or that posts a link to these Terms of Use (collectively, the “Service”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. In order to access certain features of the Service, you will need to create and log in using a username and password and you must further read these Terms of Use and indicate your acceptance of them during the log-in process.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

In addition, please review the Service’s Privacy Policy, which governs our collection and use of your information. By using our Service, you consent to our Privacy Policy, Terms of Use and all Additional Terms.

What is the Scope of These Terms of Use?
(a) Applicability of Terms of Use
These Terms of Use apply to all users of our Service, including all aspects of and pages within
myolyn.com. The Site Content (defined below) is provided as a courtesy to our users and is intended for general, informational and educational purposes only. All information from our Service is subject to change without notice. We permit you to access and use this Service for personal, non-commercial, and educational purposes only, and hereby give you permission to download and print Site Content for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial and educational use. Any other copying, distribution, retransmission, or modification of Site Content, whether in electronic or other forms, without our express prior written permission is strictly prohibited. [If you wish to become a registered user of the Service, you must read the Terms of Use and Privacy Policy and indicate your acceptance of them.

(b) Third-Party Websites
Our Service may contain links to third-party websites that are not owned or controlled by Myolyn. Myolyn has no control over and assumes no responsibility for, the content, privacy policies or practices of any third-party websites. In addition, Myolyn is unable and unwilling to censor or edit the content of any third-party website. Accordingly, we encourage you to be aware when you leave our Service and to read the terms and conditions and privacy policy of each website that you visit. If you decide to access any other websites linked to our Site, you do so entirely at your own risk.

Who Owns the Content of the Service?
(a) Site Content
The content on the Service, including without limitation, any material descriptions, FAQs, newsletters, blogs, bulletins, literature, software, scripts, graphics, photos, interactive features, products, services and the like (“Site Content”) and the trademarks, service marks and logos contained therein (“Marks”), are all owned by or licensed to Myolyn, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Your use of the Service in no way grants you any ownership interest or rights in the Site Content or Marks contained on the Service. Site Content is provided to you “AS IS” for your informational, personal, non-commercial or educational use only and may not be reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Myolyn. Myolyn reserves all rights not expressly granted in and to the Service and the Site Content. If you download or print a copy of the Site Content for personal, non-commercial or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Service or the Site Content.

(b) Assignment
These Terms of Use, and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Myolyn without restriction.

Who is Liable for My Use of the Service?
(a) Warranty Disclaimer
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Myolyn, its officers, directors, employees, affiliates, and agents disclaim all warranties, express or implied, in connection with the Service and your use thereof.

Myolyn makes no warranties or representations about the accuracy or completeness of the Site Content or the content of any websites linked to the Service and assumes no liability or responsibility for any (i) errors, mistakes, omissions or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal, technical, or other information stored therein, (iv) any interruption or cessation of transmission to or from our Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our Service by any third party, and/or (vi) any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Service. Myolyn does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by any third party through the Service or any hyperlinked website. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.

(b) Limitation of Liability
In no event shall Myolyn, its officers, directors, employees, affiliates or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of the Site Content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Service or Site Content, (iii) any unauthorized access to or use of our
secure servers and/or any and all personal, technical or other information stored therein, (iv) any interruption or cessation of transmission to or from our Service, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our Service by any third party, or (vi) any loss or damage of any kind incurred as a result of your use of any Site Content posted, e-mailed, transmitted, or otherwise made available via the Service,
whether based on warranty, contract, tort, or any other legal theory (including negligence), and whether or not Myolyn is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Certain states limit the scope of disclaimers. Accordingly, these limitations may not apply to you.

(c) Indemnity
You agree to defend, indemnify and hold harmless Myolyn, its affiliates, and their respective officers, directors, managers, employees, and agents (“Myolyn Indemnitees”) from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not
limited to attorney’s and costs) arising from (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use or the documents or policies referenced herein; (iii) your violation of any third-party right, including without limitation any copyright, property, publicity or privacy right; or (iv) your violation of any law. This defense and indemnification obligation will survive these Terms of Use and your use of the Service. You hereby agree to waive the application of any law that may limit the efficacy of the foregoing agreement to defend and indemnify Myolyn Indemnitees.

What Law Applies to These Terms of Use?
(a) Governing Law
These Terms of Use shall be governed by the laws of the State of Florida and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Service, shall be litigated exclusively in the state and federal courts residing in the State of Florida and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Florida and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Service. These Terms of Use, together with the Privacy Policy, and any other documents or policies referenced herein constitute the entire agreement between you and Myolyn regarding the use of the Service and the Site Content, superseding any prior agreements between you and Myolyn relating to the subject matter hereof.

(b) Invalidity; Waiver
If any provision of these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and failure of Myolyn to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Termination/Exclusion: We reserve the right, in our sole discretion, to revoke, terminate or suspend any and all privileges associated with accessing our Service for any reason or for no reason whatsoever including improper use of this Service or failure to comply with these Terms of Use, and to take any other action we deem appropriate.

What About Changes to the Terms of Use?
We may add to, update, delete from or modify the Service at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason and in our sole discretion, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Service or may notify you of such changes. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Service. Any use by you of the Service after any changes to our Terms of Use become effective will signify your agreement to be bound by those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations that apply to your agreement with us. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to you.

How do I contact Myolyn about the Service?
If you have any questions or comments on the Service or become aware of misuse of the Service by any person, please contact us by Postal Mail at 6931 NW 22 nd St. Suite A, Gainesville, FL 32653, or by e-mail at MYOLYN@myolyn.com