Terms of Use

ynSyte Inc.

Terms of Use Agreement

By using the ynSyte WIQ Website (“Website”) owned and operated by ynSyte Inc.

(“ynSyte”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you login as a user of WIQ (“User”). If you wish to become a User of this Website, please read this Agreement in its entirety and consent to the terms below. If you do not agree with this Agreement or the ynSyte Privacy Policy, do not use the Website. This Agreement is subject to change by ynSyte at any time, effective upon posting on the Website, and your use of the Website after such posting will constitute acceptance by you of such changes.

For the purposes of this Terms of Use Agreement, WIQ refers to the WIQ TeamSourcing Technology Platform, which is the software engine that powers WIQQLE, WIQ and WIQQUEST, ynSyte’s three software products.

In this Agreement the following terms have the following meanings unless the context requires otherwise:

“Agreement” means the agreement between You and Us incorporating the terms and conditions of this Agreement and whose request to become a User is accepted by Us.

“You, Your” means members and the person who logs in as a User of the Website and accepts the terms and conditions of this Agreement.

“We, Us, Our” means ynSyte, its officers, directors, agents, employees, subsidiaries and affiliates.

Eligibility. You must be at least eighteen (18) years of age. By using this Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Term and Termination. This Agreement will remain in full force and effect while You are a User of the Website. You may terminate Your User status at any time by terminating Your membership with Us. We may terminate Your right to access the Website by blocking Your ability to login, at any time, for any reason, with or without explanation. We are not required to provide You notice prior to terminating Your User status. Even after Your User status is terminated, this Agreement will remain in effect.All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

Proprietary Rights. All intellectual property rights in and to the Website are and shall be owned by Us. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered), trade names, text, layout, graphic images, logos, and other similar proprietary rights, wherever existing in the world, together with the right to apply for protection of the same. Except for that information which is in the public domain or 1877624_2 for which You have been given written permission, You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You represent and warrant to Us that all information, opinions, and content posted, distributed, transmitted, communicated, and displayed by You is submitted at Your own risk, as other
Users may be exposed to such submissions on the Website. We do not support, sponsor, promote or endorse such information, opinions, and content submitted by Users.

Your Use of the Website. As a User, You agree that:
(1) Your use of the Website and the content You post, upload, communicate, distribute, display, or transmit to others on the Website must be in accordance with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other Users to buy or sell any products or services through the Website. You will not transmit any chain letters or junk email to other Users. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other Users.
(2) You are solely responsible for the content that You publish or display on the Website or transmit to other Users. You will not post on the Website or transmit to other Users or to Us, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
(3) You understand and agree that We may review and delete any content, messages, double-blind emails, photos or profiles, in each case in whole or in part, that in the sole judgment of Us violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
(4) By becoming a User, You agree to accept and consent to receiving email communications initiated from Us or through Us. You may opt out of receiving email communications sent from Us or through Us.

Online Content. We created this Website to be used by the general public. The Website
does not, and it is not intended to, provide any insurance, financial, legal, accounting, or tax advice, and must not be relied upon by You in that regard. The Website should not be used, or relied upon by You, as a substitute for Your independent research or consultation with Your own financial, legal or tax advisors. Opinions, advice, statements, offers, or other information or content made available through the Website, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (1) warrant and cannot guarantee the accuracy, completeness, authenticity or usefulness of any information on the Website or any information that is posted, distributed, communicated or transmitted in any WIQ sessions, (2) adopt, endorse or accept responsibility for the accuracy or
reliability of any opinion, advice, or statement made by any party that appears on the Website, or (3) take responsibility for use of information distributed, displayed, communicated, or transmitted to others. Under no circumstances will We or Our subsidiaries or affiliates be responsible for any loss or damage resulting from Your  reliance on information or other content posted on the Website or transmitted to or by any
Users.

Linked Web Sites. Links to other websites from this Website are included as a convenience for Our members and in no way are meant to imply that We endorse, sponsor, promote or are affiliated with the owners of or participants in those sites, or endorse any information contained on those sites, unless expressly stated. We do not guarantee the accuracy of any information on these other sites nor do We assume any liability for the content or presentation of linked sites.

Prohibited Activities. We reserve the right to investigate and take appropriate legal action in Our sole discretion against anyone who violates this Agreement, including without limitation, removing any offending content or communication from the Website and terminating the right to access the Website by such violators. The following is a partial, but not exhaustive list of the types of actions that are illegal or prohibited under this Agreement: You will not harass or impersonate any person or entity. You will not use any manual or automatic device or process to retrieve, index, data mine, or, in any way reproduce or circumvent the navigational structure or presentation of the Website. You will not express or imply that any of Your statements are endorsed by Us, without Our specific prior written consent. You will not interfere with or disrupt any Website, servers or network connected to any Website. You will not post, distribute, reproduce, in any way, any copyrighted material, trademarks, or other proprietary information or remove any copyright, trademark or proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. You will not use any meta tags or code or other devices containing any reference to Us or the Website in order to direct any person to any other website for any purpose. You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or any software or cause or enable others to do so. You will not post, email or otherwise transmit any material that contains any software viruses or any other computer code, files or programs designed to interrupt, harm or limit the functionality of any computer software or hardware.

Indemnity by You. You agree to indemnify, defend and hold Us and Our Users, employees, and agents harmless from any loss, liability, claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of Your use of the Website, in violation of this Agreement; any breach of this Agreement; any breach of Your representations and warranties set forth herein; any allegation that any content or materials that You submit to Us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or Your activities in connection with the Website.

Disclaimer. THE USE OF THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. WE PROVIDE THE WEBSITE ON AN “AS IS” BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE WEBSITE. WE SPECIFICALLY DISCLAIM ANY 1877624_2 IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT WARRANT THAT YOUR USE
OF THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE WEBSITE WILL BE CORRECTED. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY. WE ARE NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE CAUSED BY USERS OF THE WEBSITE. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE OR OTHERWISE.

Limitation of Liability. To the fullest extent permitted by applicable laws, in no event will We be liable to You or to any other person for any incidental, consequential, exemplary, special, punitive, direct, or indirect damages (including, but not limited to,
damages for loss of use, loss of data, loss of programs, or loss of profits) arising out of the use of or inability to use the Website, even if We have been advised of the possibility of such damages. We will not be responsible for any detrimental reliance that You may place upon the Website or its contents.

Jurisdiction and Choice of Law. This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the Commonwealth of Virginia with regard to any and all claims by You arising out of or related to the Website.

Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. In such case, the other
provisions of this Agreement shall remain in full force and effect.

No Third Party Beneficiaries. There shall be no third party beneficiaries to this Agreement.

Privacy. Use of the Website is also governed by Our Privacy Policy.

Entire Agreement. This Agreement contains the entire agreement between You and Us regarding the use of the Website.

YOU CERTIFY THAT YOU HAVE READ AND YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY.