Welcome to Synthesis Foundations by Synthesis, Inc. The following terms constitute an agreement between you and Synthesis, Inc. ("we or us"). This agreement ("Terms of Service") governs your use of the Synthesis Foundations website.

BY REGISTERING A SCREEN NAME WITH AND USING THE SYNTHESIS FOUNDATIONS WEBSITE, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE.

Please review these terms carefully. You agree to transact with us electronically, you consent to the information practices disclosed in the Synthesis, Inc. Privacy Policy, you consent to resolve in the State of Kansas any dispute that you may have with Synthesis, Inc. or Synthesis Foundations. Please note that we offer the Synthesis Foundations website without warranties.

Change to these Terms of Service

These Terms of Service govern your relationship with us. We may change these Terms of Service at any time. We will provide at least thirty (30) days notice before any material changes take effect. If you disagree with the changes to these Terms of Service, simply discontinue your use of the applicable services on the Synthesis Foundations website before the modifications take effect. Your ongoing use of any service on the Synthesis Foundations website after the changes take effect signifies your agreement to the new terms.

Registration

We will open a registered user account for you when you complete your registration. You will select (or we may assign to you) a Screen Name that will be identified with your account. You will also be able to select a password to access your Screen Name. Your Screen Name and password are your credentials to give you access to the Services on the Synthesis Foundations website. You must provide complete and accurate information about yourself. You must be legally competent to enter into contracts. You agree to keep this information up to date. You may not have a Screen Name that is vulgar, attempts to impersonate another person or violates the rights of others. We also may reject any Screen Name that we determine in our discretion is unacceptable for use on the Synthesis Foundations website.

Synthesis, Inc. and Synthesis Foundations Information

The Synthesis, Inc. Privacy Policy explains the information practices that apply to your Synthesis Foundations information, as well as the choices you can make about the ways this information is used by Synthesis, Inc. You consent to the transfer of this information to and within the United States or other countries for processing and storage by us.

Inactive Status

In addition to the termination rights that we have under these Terms of Service, we also reserve the right to deactivate your Screen Name if your Screen Name account has been inactive for more than 180 days. The only exception to this rule is if your Screen Name is assigned to a fee-based service for which you are a subscriber in good standing. This means you must use your account regularly by logging into the Synthesis Foundations website with your Screen Name in order to keep your registration active. If we deactivate a Screen Name, we have the right to reassign that Screen Name to another user.

Your Responsibilities

You are responsible for all activities under your account, including the use of your account and Screen Name by others. You are responsible for keeping your password confidential. You may use the Synthesis Foundations website for lawful purposes only. You may not submit or transmit through the Synthesis Foundations website any material, or otherwise engage in any conduct that:

1. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
2. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of, sexual acts;
3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonates any person, business or entity, including Synthesis, Inc. and its employees and agents;
5. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
6. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
7. violates these Terms of Service, guidelines or any policy posted on the Synthesis, Inc. websites, or
8. interferes with the use of the Synthesis Foundations website by others.

You may not use the Synthesis Foundations website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of the Synthesis Foundations website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Service.

The Services

We may change or discontinue any Service or feature on the Synthesis Foundations website at any time and without notice. We may impose general operating rules for the Synthesis Foundations website. For example, we may establish limits on storing, uploading or downloading any data or impose time outs if you are idle on a particular Service.

Email and Messaging Services

The following terms apply to any free email or messaging services offered by us. You are solely responsible for backing up and archiving any important messages.

No Spam

You may not use any of our services or communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not allow others to use your account to violate the terms of this section. We may terminate your account immediately and take other legal action if you or anyone using your account violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.

Access Costs

You must provide at your own expense the equipment and Internet connections that you will need to access the Synthesis, Inc. websites. Those costs are in addition to any fees you pay if you elect to subscribe to any fee-based service on the Synthesis Foundations website.

Fees and Payment

We may offer premium services and content through the Synthesis Foundations website for a fee. Payment and other applicable terms will be disclosed to you at the time you sign up for any fee-based service and you will be subject to those additional terms.

Paid Services

Some Synthesis Foundations services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Synthesis, Inc. reserves the right to change our fees or billing methods at any time.  If you pay a periodic (e.g. monthly) subscription for a Synthesis Foundations services, we will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting a notice on the Synthesis Foundations website and/or sending an email to you.  Your continued use of the Synthesis Foundations website thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Synthesis, Inc. will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription.

Content You Post to Public Areas

Certain areas of the Synthesis Foundations website will allow you to post text, messages, information, and images that can be accessed and viewed by others, including the public in general. You may only post Content to public areas on the services that you created or that you have permission to post. You may not post Content that violates these Terms of Service. We do not claim ownership of any Content that you may post. However, by submitting Content to public areas of the Synthesis Foundations website, you grant us, the right to use, copy, display, perform, distribute, adapt and promote this Content in any medium.

We are not liable for Content that is provided by others. We have no duty to pre-screen Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material. We are not responsible for content made available on the Internet. Any dealings that you have with advertisers found on the Synthesis Foundations website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Content You May Use

We, our suppliers, and our other users who lawfully post Content on the Services own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.

We Make No Warranties

We provide the Synthesis Foundations website as is, with all faults and as available. We and our suppliers make no express warranties or guarantees about the services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.  You may have additional consumer rights under your local laws that this contract cannot change. You use the Synthesis Foundations website at your own risk.

Limitation of Liability

IN NO EVENT SHALL OUR LIABILILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SYNTHESIS FOUNDATIONS WEBSITE EXCEED THE TOTAL AMOUNT OF SERVICE FEES THAT YOU PAID DURING A THREE MONTH PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SYNTHESI FOUNDATIONS WEBSITE OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Termination

We may cancel or suspend your registered user account or Screen Name at any time, without cause and/or without notice. We may terminate and/or suspend your account or Screen Name immediately, without notice, if there has been a violation of these Terms of Service and such other policies and terms posted on the Synthesis websites, if your account has been deactivated for inactivity (see the Inactive Status section above), or if you have failed to pay your subscription fees if you have subscribed for a particular fee-based service. Your right to use the Synthesis Foundations website will end once your services are cancelled or terminated, and any data you have stored on such a service may be unavailable later. If you have subscribed to any fee-based service, you remain responsible for paying any amounts owed on your account at the time your fee-based service and/or account is terminated or cancelled. If you are participating in any free promotional offer for accessing a fee-based service, you must cancel such service before the end of the free trial period to avoid incurring charges.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold harmless us and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Synthesis Foundations website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Electronic Contracting and Notices

Your affirmative act of registering for a Screen Name constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the services (collectively, Notices). We can send you electronic Notices (1) to the e-mail address that you provided to us during registration, (2) to any e-mail account you open with a service, or (3) by posting the Notice on the Synthesis Foundations website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Synthesis Foundations website.

Entire Agreement

This contract and any supplemental terms, policies, rules and guidelines posted on the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Location for Resolving Disputes

You agree that the law of the State of Kansas governs this contract and any claim or dispute that you may have against us.  You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Kansas.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF KANSAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF KANSAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

Assignment

We may assign this contract at any time without notice to you. You may not assign this contract to any one else.

Procedures for Making Claims of Copyright Infringement

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Synthesis Foundations website in a way that constitutes copyright infringement, please contact us.