MYNE CHAMPIONS TERMS OF SERVICE
PLEASE REVIEW THESE MYNE CHAMPIONS TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE MYNE CHAMPIONS TERMS OF SERVICE BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND MYNE CHAMPIONS. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD NOT ACCEPT THIS AGREEMENT, CREATE AN ACCOUNT, OR USE THE SERVICES (AS DEFINED IN SECTION 1 (DEFINITIONS) BELOW).
These MYNE CHAMPIONS Terms of Service (“Agreement”) set forth the terms for your use of the Services and are effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). This Agreement is between MYNE Together Inc., a Texas corporation located at 1999 Bryan Street, Dallas, Texas 74201 (“MYNE”) and you or the organization on whose behalf you are accepting or otherwise agreeing to the terms of this Agreement (“you", "your", "yours", or "Customer”).
Definitions.
“Beta Offerings” means Services that are identified as alpha, beta, not generally available, limited release, developer preview, or any similar Services offered by MYNE.
“Customer Data” means data and other information made available by or for you, to MYNE, using the Services under this Agreement.
“Documentation” means MYNE’s documentation, including any usage guides and policies, for the Services, the current version of which is available at Myne | Myne Home (mynetogether.com).
“Malicious Code” means code, files, scripts, agents, or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses.
“MYNE Acceptable Use Policy” means certain terms relating to your use of the Services, the current version of which is available at Myne | Acceptable Use Policy (mynetogether.com).
“MYNE Data Protection Addendum” means the terms relating to the processing of personal data pursuant to this Agreement, the current version of which is available at Myne | Data Protection Addendum (mynetogether.com).
“MYNE Privacy Notice” means the privacy notice for the Services, the current version of which is available at Myne | Privacy Policy (mynetogether.com).
“MYNE SLA” means the service level agreement for the Services, the current version of which is available at Myne | Myne Champions Terms and Conditions (mynetogether.com).
“Services” means the products and services provided by MYNE, as applicable, that you use, including, without limitation, products and services that are on a trial basis or otherwise free of charge.
“Service Usage Data” means any data that is derived from the use of the Services that does not directly or indirectly identify you and includes (a) data such as volumes, frequencies, bounce rates, and Service performance data and (b) subject to any restrictions under applicable law or regulation, data that is anonymized, de-identified, and/or aggregated such that it could no longer directly or indirectly identify you.
“Support Terms” means the terms of support for the Services, the current version of which is available at Myne | Myne Contact (mynetogether.com).
Capitalized terms not defined in this Section 1 will have the meaning given to them in this Agreement.
Services.
Provision of the Services. MYNE will: (a) provide the Services to you pursuant to this Agreement and the applicable Documentation; (b) comply with the MYNE SLA; (c) provide the Services in accordance with laws applicable to MYNE’s provision of the Services to its customers generally (i.e., without regard for your particular use of the Services), subject to your use of the Services in accordance with this Agreement and the applicable Documentation; (e) make commercially reasonable efforts to use industry standard measures designed to scan, detect, and delete Malicious Code; (f) if applicable, use trained, qualified personnel to provide the Services; and (g) use commercially reasonable efforts to provide you with applicable support for the Services as described in the Support Terms.
Customer Responsibilities. You will: (a) be solely responsible for all use of the Services and Documentation under your account; (b) not transfer, resell, lease, license, or otherwise make available the Services to third parties or offer them on a standalone basis; (c) use the Services only in accordance with this Agreement, the MYNE Acceptable Use Policy, the applicable Documentation, and applicable law or regulation; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify MYNE promptly of any such unauthorized access or use; (f) provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunications providers; and (g) comply with your representations and warranties set forth in Section 5 (Representations, Warranties, and Disclaimer).
Suspension of Services. MYNE may suspend the Services immediately upon written notice to you for cause if MYNE, in good faith, determines: (a) that you materially breach (or MYNE, in good faith, believes that you have materially breached) any provision of this Agreement, including their obligations under the MYNE Acceptable Use Policy; (b) there is an unusual and material spike or increase in your use of the Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Services; (c) that its provision of the Services is prohibited by applicable law or regulation; (d) there is any use of the Services by you that threatens the security, integrity, or availability of the Services; or (e) that information in your account is untrue, inaccurate, or incomplete. You remain responsible for the Fees (as defined in Section 3.3 (Payment Terms)).
Changes to the Services. You acknowledge that the features and functions of the Services may change over time; provided, however, MYNE will not materially decrease the overall functionality of the Services.
Beta Offerings. From time to time, MYNE may make Beta Offerings available to you. You may, in your sole discretion, choose to use a Beta Offering. MYNE may discontinue a Beta Offering at any time, in its sole discretion, or decide not to make a Beta Offering generally available.
Fees And Payment Terms.
Fees. You agree to pay the Fees (as defined below) at the applicable rates available at Myne | Myne Champions Terms and Conditions (mynetogether.com).
Taxes and Communications Surcharges.
Taxes. All fees are exclusive of any applicable taxes, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any applicable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively, “Taxes”). You will pay all Taxes associated with this Agreement, excluding any taxes based on MYNE’ net income, property, or employees. If you are required by applicable law to withhold any Taxes from payments owed to MYNE, you will reduce or eliminate such withheld Taxes upon receipt of the appropriate tax certificate or document provided by MYNE. You will provide MYNE with proof of payment of any withheld Taxes to the appropriate authority. Taxes will be shown as a separate line item on an invoice.
Communications Charges. All fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”), you will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. You will pay all costs, fines, or penalties that are imposed on MYNE by a government or regulatory body or a telecommunications provider as a result of your or your End Users’ use of the Services.
Payment Terms. Except as otherwise expressly set forth herein, payment obligations are non-cancelable and fees, Taxes, and Communications Surcharges (collectively, “Fees”), once paid, are non-refundable. Subject to Section 3.3.4 (Payment Disputes), you will pay the Fees due hereunder in accordance with the following applicable payment method:
Credit Card. If you elect to pay by credit card to pay the Fees due, you are responsible for ensuring such funds cover the Fees due. If your credit card declines a charge for the Fees due, MYNE may suspend the provision of the Services to you until the Fees due are paid in full.
Payment Disputes. You will notify MYNE in writing within thirty (30) days of the date MYNE bills you for any Fees that you wish to dispute. Where you are disputing any Fees, you must act reasonably and in good faith and will cooperate diligently with MYNE to resolve the dispute. MYNE will not charge you a late fee or suspend the provision of the Services for unpaid Fees that are in dispute, unless you fail to cooperate diligently with MYNE or MYNE determines the dispute is not reasonable or brought in good faith by you.
Ownership, Customer Data, and Confidentiality.
Ownership Rights. As between the parties, MYNE exclusively owns and reserves all right, title, and interest in and to the Services, the Documentation, MYNE’s Confidential Information (as defined in Section 4.c.i (Definition)), Service Usage Data, and any feedback or suggestions you provide regarding the Services.
Customer Data. You grant MYNE the right to process Customer Data as necessary to provide the Services in a manner that is consistent with this Agreement, the MYNE Data Protection Addendum, and the MYNE Privacy Notice. You are responsible for the quality and integrity of Customer Data.
Confidentiality.
Definition. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding the disclosure, including, without limitation, this Agreement and Customer Data. Confidential Information does not include any information which: (a) is publicly available through no breach of this Agreement or fault of Receiving Party; (b) was properly known by Receiving Party, and to its knowledge, without any restriction, prior to disclosure by Disclosing Party; (c) was properly disclosed to Receiving Party, and to its knowledge, without any restriction, by another person without violation of Disclosing Party's rights; or (d) is independently developed by Receiving Party without use of or reference to the Confidential Information of Disclosing Party.
Use and Disclosure. Except as otherwise authorized by Disclosing Party in writing, Receiving Party will not (a) use any Confidential Information of Disclosing Party for any purpose outside of exercising Receiving Party’s rights or fulfilling its obligations under this Agreement and (b) disclose or make Confidential Information of Disclosing Party available to any party, and Receiving Party's respective employees, legal counsel, accountants, contractors, and in MYNE’ case, subcontractors (collectively, “Representatives”) who have a “need to know” as necessary for Receiving Party to exercise its rights or fulfill its obligations under this Agreement. Receiving Party will be responsible for its Representatives’ compliance with this Section 4.c. Representatives will be legally bound to protect Confidential Information of Disclosing Party under terms of confidentiality that are at least as protective as the terms of this Section 4.c. Receiving Party will protect the confidentiality of Confidential Information of Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information but in no event less than reasonable care.
Compelled Disclosure. Receiving Party may disclose Confidential Information of Disclosing Party if required pursuant to a regulation, law, subpoena, or court order (collectively, “Compelled Disclosures”), provided Receiving Party gives Disclosing Party written notice of a Compelled Disclosure (to the extent legally permitted). Receiving Party will provide reasonable cooperation to Disclosing Party in connection with a Compelled Disclosure at Disclosing Party’s sole expense.
Injunctive Relief. The parties expressly acknowledge and agree that no adequate remedy may exist at law for an actual or threatened breach of this Section 4.c. and that, in the event of an actual or threatened breach of the provisions of this Section 4.c., the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.
Representations, Warranties, and Disclaimer.
Power and Authority Representation. Each party represents and warrants that it has validly accepted or entered into this Agreement and has the legal power to do so.
Anti-Corruption and International Trade Laws. Each party (a) warrants that it will comply with all applicable anti-corruption, anti-money laundering, economic and trade sanctions, export controls, and other international trade laws, regulations, and governmental orders (collectively, “Anti-Corruption and Trade Laws”) in the jurisdictions that apply directly or indirectly to the Services, including, without limitation, the United States, and (b) represents that it has not made, offered, promised to make, or authorized any payment or anything of value in violation of Anti-Corruption and Trade Laws. You will promptly notify MYNE in writing of any actual or potential violation of Anti-Corruption and Trade Laws in connection with the use of the Services and take all appropriate steps to remedy or resolve such violations, including any steps requested by MYNE. You represent that you have obtained, and warrant that you will continue to obtain, all licenses or other authorizations required to export, re-export, or transfer the Services. Each party represents that it is not on any government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (collectively, “Sanctions Lists”). You will immediately discontinue your use of the Services if you become placed on any Sanctions List. You represent that you have not, and warrant that you will not, export, re-export, or transfer the Services to anyone on any Sanctions List without prior authorization from the applicable governmental authority. Notwithstanding anything to the contrary in this Agreement, either party may terminate this Agreement immediately upon written notice to the other party if the other party is in breach of its obligations in this Section 5.b. If your account is blocked because it is operating in a country or region prohibited under this Section 5.b, you will receive notice of your account being inoperable when you attempt to log into your account in such prohibited country or region.
Consents and Permissions. You represent and warrant that you have provided and will continue to provide adequate notices, and that you have obtained and will continue to obtain the necessary permissions and consents, to provide Customer Data to MYNE for processing pursuant to Section 4.b (Customer Data).
Services. MYNE represents and warrants that the Services perform materially in accordance with the applicable Documentation. Your exclusive remedy for a breach of this Section 5.d will be, at MYNE’ option, to (a) remediate any material non-conformity or (b) refund you the Fees paid for the time period during which the affected Services do not comply with this Section 5.d.
DISCLAIMER. WITHOUT LIMITING A PARTY’S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. MYNE ADDITIONALLY DISCLAIMS ALL WARRANTIES RELATED TO TELECOMMUNICATIONS PROVIDERS. YOU ACKNOWLEDGE THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE AND THAT MYNE WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. BETA OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES AND MYNE WILL HAVE NO LIABILITY AND NO OBLIGATION TO INDEMNIFY FOR ANY BETA OFFERING WHATSOEVER.
Mutual Indemnification.
Indemnification by MYNE.
Scope of Indemnification. MYNE will defend you ( “Customer Indemnified Party”) from and against any claim, demand, suit, or proceeding made or brought against a Customer Indemnified Party by a third party alleging that MYNE’s provision of the Services infringes or misappropriates such third party’s intellectual property rights (“MYNE Indemnifiable Claim”). MYNE will indemnify you from any fines, penalties, damages, attorneys’ fees, and costs awarded against a Customer Indemnified Party or for settlement amounts approved by MYNE for a MYNE Indemnifiable Claim.
Infringement Options. If MYNE’s provision of the Services has become, or in MYNE’s opinion is likely to become, the subject of any MYNE Indemnifiable Claim for third-party intellectual property rights infringement or misappropriation, MYNE may at its option and expense: (a) procure the right to continue to provide the Services as set forth herein; (b) modify the Services to make them non-infringing; or (c) if the foregoing options are not reasonably practicable, terminate this Agreement, or, if applicable, terminate the Services that are the subject of any MYNE Indemnifiable Claim for third-party intellectual property rights infringement or misappropriation, and refund you any unused pre-paid Fees.
Limitations. MYNE will have no liability or obligation under this Section 6.a. with respect to any MYNE Indemnifiable Claim arising out of (a) your use of the Services in breach of this Agreement; (b) the combination, operation, or use of the Services with other applications, portions of applications, products, or services where the Services would not by themselves be infringing; or (c) Services for which there is no charge.
Indemnification by Customer. You will defend MYNE and each of its directors, officers, and employees (collectively, “MYNE Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against a MYNE Indemnified Party by a third party alleging or arising out of your breach of Section 2.2 (Customer Responsibilities) ( “Customer Indemnifiable Claim”). You will indemnify MYNE from any fines, penalties, damages, attorneys’ fees, and costs awarded against a MYNE Indemnified Party or for settlement amounts that you approve for a Customer Indemnifiable Claim.
Conditions of Indemnification. As a condition of the foregoing indemnification obligations: (a) the indemnified party (“Indemnified Party”) will promptly notify the indemnifying party (“Indemnifying Party”) of any Customer Indemnifiable Claim or MYNE Indemnifiable Claim (individually or collectively referred to herein as a “Claim”) in writing; provided, however, that the failure to give prompt written notice will not relieve Indemnifying Party of its obligations hereunder, except to the extent that Indemnifying Party was actually and materially prejudiced by such failure; (b) Indemnifying Party will have the sole authority to defend or settle a Claim; and (c) Indemnified Party will reasonably cooperate with Indemnifying Party in connection with Indemnifying Party’s activities hereunder, at Indemnifying Party’s expense. Indemnified Party reserves the right, at its own expense, to participate in the defense of a Claim. Notwithstanding anything herein to the contrary, Indemnifying Party will not settle any Claim for which it has an obligation to indemnify under this Section 6 admitting liability or fault on behalf of Indemnified Party, nor create any obligation on behalf of Indemnified Party without Indemnified Party’s prior written consent, which will not be unreasonably withheld, conditioned, or delayed.
Exclusive Remedy. This Section 6 states Indemnifying Party’s sole liability to, and Indemnified Party’s exclusive remedy against, the other party for any third-party claims.
Limitation of Liability.
LIMITATION ON INDIRECT, CONSEQUENTIAL, AND RELATED DAMAGES. IN NO EVENT WILL EITHER PARTY HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, LOST DATA, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
LIMITATION OF LIABILITY. IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.
EXCEPTIONS TO THE LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 7.A (LIMITATION ON INDIRECT, CONSEQUENTIAL, AND RELATED DAMAGES) AND SECTION 7.B (LIMITATION OF LIABILITY), THE LIMITATIONS IN SECTION 7.A AND SECTION 7.B DO NOT APPLY TO (a) YOUR BREACH OF SECTION 2.2 (CUSTOMER RESPONSIBILITIES); (b) YOUR BREACH OF SECTION 3 (FEES AND PAYMENT TERMS); OR (c) AMOUNTS PAYABLE PURSUANT TO A PARTY’S INDEMNIFICATION OBLIGATIONS UNDER SECTION 6 (MUTUAL INDEMNIFICATION).
Term, Termination, and Survival.
Agreement Term. This Agreement will commence on the Effective Date and continue until terminated in accordance with Section 8.2 (Termination) (“Term”).
Termination.
For Convenience. Either party may terminate this Agreement for convenience by providing the other party with at least thirty (30) days prior written notice.
Material Breach. Either party may terminate this Agreement in the event the other party commits any material breach of this Agreement and fails to remedy such breach within fifteen (15) days of the date of written notice of such breach. For the avoidance of doubt, a breach of the MYNE Acceptable Use Policy will be considered a material breach of this Agreement. If MYNE terminates this Agreement because of your material breach, then MYNE will also close your accounts.
Insolvency. Subject to applicable law, either party may terminate this Agreement immediately by providing written notice in the event of the other party’s liquidation, commencement of dissolution proceedings, or any other proceeding relating to a receivership, failure to continue business, assignment for the benefit of creditors, or becoming the subject of bankruptcy.
Survival. Upon termination of this Agreement, the terms of this Section 8.3 and the terms of the following Sections will survive: Section 2.1(c) (regarding the MYNE Security Overview), Section 3 (Fees and Payment Terms), Section 4 (Ownership, Customer Data, and Confidentiality), Section 5.5 (Disclaimer), Section 6 (Mutual Indemnification), Section 7 (Limitation of Liability), Section 9 (General), and any applicable terms in Section 10 (Additional Terms).
General.
Assignment. Neither party hereto may assign or otherwise transfer this Agreement, in whole or in part, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld or delayed). Notwithstanding the foregoing, MYNE may assign this Agreement, in whole or in part, without consent to (a) a successor to all or substantially all of its assets or business or (b) an Affiliate. Any attempted assignment, delegation, or transfer by either party in violation hereof will be void. Subject to the foregoing, this Agreement will be binding on the parties and their respective successors and permitted assigns.
Relationship. Each party is an independent contractor in the performance of each part of this Agreement. Nothing in this Agreement is intended to create or will be construed as creating an employer-employee relationship or a partnership, agency, joint venture, or franchise. Neither party has the authority to commit the other party in any way and will not attempt to do so or imply that it has the right to do so.
No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.
Notices. Any notices to MYNE must be sent to MYNE’s corporate headquarters address available at Myne | Myne Contact (mynetogether.com) and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from MYNE. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Services. You agree that any notices, agreements, disclosures, or other communications that MYNE sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Governing Law and Attorneys’ Fees. This agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Texas. Except as otherwise set forth herein, any legal suit, action, or proceeding arising out of this Agreement or the rights granted hereunder will be exclusively instituted in the federal courts of the United States or the courts of the State of Texas in each case located in the city of Dallas and County of Dallas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
Force Majeure. No failure, delay, or default in performance of any obligation of a party will constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay, or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority, fire, strike, lockout, or other labor dispute, flood, terrorist act, war, riot, theft, earthquake, or other natural disaster (collectively, “Force Majeure Events”). The party affected by a Force Majeure Event will take all reasonable actions to minimize the consequences of any such event.
Waiver and Order of Precedence. No failure or delay by either party in exercising any right or enforcing any provision under this Agreement will constitute a waiver of that right or provision, or any other provision. Titles and headings of sections of this Agreement are for convenience only and will not affect the construction of any provision of this Agreement. In the event of any conflict or inconsistency among the following documents, the order of precedence will be: (1) the MYNE Data Protection Addendum, (2) the terms set forth in the body of this MYNE Terms of Service, (3) the MYNE Acceptable Use Policy, (4) any other terms incorporated by reference herein or any other exhibits or attachments hereto, and (5) the applicable Documentation.
Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.
Entire Agreement. This Agreement (including all exhibits and attachments hereto) will constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, proposals, statements, sales materials, presentations, or non-disclosure or other agreements, whether oral or written. No oral or written information or advice given by MYNE, its agents, or its employees will create a warranty or in any way increase the scope of the warranties or obligations in this Agreement. The parties agree that any term or condition stated in your vendor registration form or registration portal or in any purchase order document or similar document will be construed solely as evidence of your internal business processes and the terms and conditions contained therein will be void and have no effect regarding this Agreement, even if accepted by MYNE or signed by the parties after the Effective Date.