2. Online Services.The Synergy website provides online resources including, but not limited to, online information regarding Synergy’s operations, industry news and products. Any new services, resources or informational content added to the website shall fall under the terms of this TOS Agreement. Synergy assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the Synergy website.
4. User account.Users will be provided a username and password upon completing the registration process. User agrees to immediately notify Synergy at [email protected] should User know, or have reasonable grounds to suspect, that the username and password have been compromised. Synergy shall not be responsible for User’s failure to abide by this Paragraph.
5. Informational content supplied by Users.User understands that all information, computer files, software, graphics, sound files, and text, whether publicly displayed by User on the Synergy website, or privately transmitted through the Synergy website, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user uploads, posts, e-mails, or transmits using the Synergy website. Synergy does not and cannot control the informational content Users transmit through the Synergy website. Under no circumstances shall Synergy be held liable for User’s exposure to informational content that User deems offensive, indecent or objectionable. Under no circumstances shall Synergy be held liable for any errors or omissions in any informational content transmitted by Users.
6. User conduct.User agrees to not use the Synergy website to:
a. upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
b. harm legal minors;
c. collect personal information on, “cyberstalk” or harass another User, or engage in conduct that negatively affects the online experience of another User;
d. impersonate another User, person, or entity, including any official or employee of Synergy;
e. intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
f. upload, post or transmit any software or files that contain software viruses or other harmful computer code;
g. interfere with the operation of Synergy’s web servers or other computers or Internet or network connections;
h. upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
i. upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail.”
7. Synergy does not pre-screen uploaded, posted or transmitted content, but Synergy reserves the right to inspect, edit and delete any content that Synergy knows, or has reason to know, has violated this TOS Agreement. Synergy reserves the right to immediately, and without notice, terminate the account of any User found to have violated the provisions of this TOS Agreement. Synergy may disclose any informational content Users post, upload or transmit to the Synergy website, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Synergy, the public, or other Users.
8. Content submitted by Users.Synergy does not claim ownership of any informational content submitted by Users to the Synergy website. User grants Synergy a non-exclusive, royalty free license to use, distribute, reproduce, modify, and publicly display any informational content submitted to the Synergy website. This license exists only so long as User allows its content to remain on the Synergy website and will terminate in the event that User removes such content..
9. Indemnity.You agree to indemnify and hold Synergy, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. No resale.User agrees not to reproduce, copy, duplicate, or sell any portion of the Synergy website.
11. Limits and modifications.Synergy may establish without notice limits on the use of its website, including the maximum number of times Users may post to or participate in the online communities, or to the number of times Users may access the Synergy website. Synergy reserves the right to modify any and all portions of the Synergy website without notice. Under no circumstances shall Synergy be liable to User or any other party for such limits or modifications.
12. Termination of User account.Synergy may, at its sole discretion, terminate the User’s account for any reason. Under no circumstances shall Synergy be liable to User or any other party for such termination of User’s account.
13. Third party advertisers.Synergy may allow third party advertisers to advertise on the Synergy website. Synergy takes no responsibility for User’s dealings with, including any online or other purchases from, any third party advertisers. Synergy shall not be liable for any loss or damage incurred by User in its dealings with third party advertisers.
14. Hyperlink policy.The Synergy website may contain hyperlinks to other Internet sites not under the editorial control of Synergy. These hyperlinks are not express or implied endorsements or approvals Synergy, of any products, services or information available from these sites.
15. Synergy’s intellectual property rights.User agrees not to distribute, license, or create derivative works from any of Synergy’s copyrighted or trademarked material, including graphic files and software, available on the Synergy website
16. No warranties.THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
17. Limitation of liability.SYNERGY’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). SYNERGY IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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 LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
18. Notice.Notices may be posted to the Synergy website or e-mailed to Users using the e-mail address Users submitted during the registration process.
19. General.This TOS Agreement constitutes the entire agreement between you and Synergy and governs your use of the Synergy website. This TOS Agreement shall be governed by the laws of the State of New Jersey. The failure of Synergy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.