These terms and conditions ("Terms of Service"), apply to the entire contents of the Website under the domain name syngency.com, (the "Website"), including any functionality and services offered on or through the Website, to any products, software, or mobile applications provided by Syngency or the Website, and to any correspondence by Syngency Inc (together with its owners, parents, subsidiaries, affiliates, directors, officers, managers, members agents and employees, "Syngency"), you and any other users of the Website (individually, a "User", and collectively, "Users"). Please read these terms and conditions carefully before using the Website.
Please also review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.
By visiting or using any of the Website, including access or use through a computer, mobile device or mobile application, you accept and agree to be bound by these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these terms and conditions, do not use the Website.
You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use, and are not a person barred from using the Website under the laws of the United States or other applicable jurisdiction.
Users under the age of sixteen (16) (a "Young User") are expressly prohibited from using the Syngency Website Services, as defined in Section 2 below. Young Users who would like to participate in any of the Website must have their parent or legal guardian (a "Parent Registered User") register to use the Website, using the Parent Registered User's name, email, and credit card information, and consent to and upload the Young User's information to the Website. Parent Registered Users are responsible for directly engaging with all Services on the Website, including but not limited to submitting applications and messaging other users, updating the settings of and terminating their account and thereby use of the Website on behalf of the applicable Young User.
For purposes of these Terms of Use, Parent Registered Users and their Young Users are deemed to be Users as used in these Terms of Use. By registering as a Parent Registered User, you hereby represent, warrant, understand, agree to and accept these Terms of Use and any applicable additional terms in their entirety on behalf of yourself and your Young User whether or not you use any of the Website. You further understand and agree that you will ensure your Young User's compliance with these Terms of Use and that you are responsible for any noncompliance by your Young User.
If you are a Parent Registered User, you also agree that you are responsible for using and monitoring the account on behalf of your Young User.
If a parent or guardian believes that any Website has collected information of a child under the age of thirteen (13), or under the age of sixteen (16) if they reside in a country within the EEA, without proper consent, please contact Syngency at support@syngency.com.
Syngency may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page so you are aware of any changes, as they are binding on you.
The Website will contain content including but not limited to text, graphics, photographs, images, news reports, articles, editorial and other writings, audio and video recordings, data, listings, and directory information (collectively, "Content") that is accessible by Users. The Website may also offer job notices, audition notices, forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas for Users to communicate with each other, and the information therein is also considered Content. The creation of a user account may be required for the use of certain portions of the Website. In addition, certain contents and services of the Website, such as premium communication and messaging functionality and certain digital and print content, may only be accessed through purchase or paid subscription. We refer to the services available on or through the Website, including the premium communication and messaging functionality and digital and print content subscription services collectively as the "Services." All Services available to Users only through purchase or paid subscription, including communication and messaging functionality, is referred to collectively as the "Premium Services." All Content, available with or without payment or subscription, may include facts, views, opinions and recommendations of or concerning individuals, organizations, or projects not affiliated with Syngency. Syngency does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse, these facts, views, opinions or recommendations.
The Website provides an online venue for Users to interact and communicate with individuals posting job notices. Any agreement or transaction that arises from these interactions or communications does not involve Syngency, and Syngency is not a party to any agreement between Users. Syngency is not an employer with respect to any opportunity advertised on the Website, and Syngency is not responsible for any employment, hiring, or salary decisions made by you or anyone else using the Website.
Syngency owns, operates, licenses, controls, and provides access to the Website. You acknowledge and agree that Syngency, and its licensors, retain all right, title and interest in and to all past, present and future Content, excluding User Provided Content (as defined below), applications, software, content and materials provided on or through the Website (including, without limitation, the audiovisual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Website, the compilation of all content and materials on the Website, and the business process, procedures, methods and techniques used in the Website) and all associated patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
Syngency and the Syngency logo, are the registered or common law or trademarks of Syngency Inc, and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Website are the property of Syngency Inc unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. Syngency's intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages Syngency. All rights are expressly reserved.
All third party trademarks, logos, photographs, images, audio and audio-visual content, programming, and other intellectual property contained on or within the Website are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of third party software or services is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to Syngency to enforce any of your rights in relation thereto. Except as expressly set forth in these Terms of Use or otherwise expressly granted to you in writing by Syngency, no rights (either by implication, estoppel or otherwise) in or to the Website or their contents are granted to you.
Portions of the Website may allow you and other Users to upload or transmit data, information, text, images, software, audio, photographs, graphics, video, messages, tags, or other materials to or through the Website ("User Provided Content"). For example, the Website may offer forums, bulletin boards, wikis, chat rooms, blogs or other interactive areas. For User Provided Content, Syngency is merely hosting and providing access.
The decision to submit User Provided Content to the Website is your responsibility and you should only submit content that belongs to you or that will not violate the rights of others. By submitting User Provided Content, you represent, acknowledge, and warrant (a) that you have the right to do so or that you have obtained any necessary third party consents (e.g., under privacy or intellectual property laws), (b) that the User Provided Content does not infringe on the copyrights, trademarks, moral rights, rights of privacy or publicity, or the intellectual property rights of any person or entity, and (c) that no other party has any right, title, claim, or interest in the User Provided Content that would be infringed upon as a result of uploading the User Provided Content. If you submit User Provided Content to the Website on behalf of a group, organization or business entity, you represent that you have the right to do so and that you have obtained any consents from the group, organization or business. Upon the request of Syngency, you agree to furnish Syngency with any documentation, substantiation and releases necessary and reasonably required to verify and substantiate your compliance with this provision. You agree not to accept payment for User Provided Content from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in User Provided Content.
Syngency cannot vouch for the validity, accuracy or credibility of any User Provided Content, and does not take any responsibility or assume any liability for any actions Users may take as a result of viewing, reading or listening to User Provided Content on the Website. Through your use of the Website you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretences, international trade issues and foreign nationals. Syngency does not endorse any User Provided Content or any opinion, recommendation, or advice expressed therein. By using the Website, you assume all associated risks, and Syngency expressly disclaims any and all liability in connection with User Provided Content.
You acknowledge, consent and agree that Syngency may access, preserve and disclose account information and User Provided Content that you provide if Syngency is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process, (ii) enforce these Terms of Use, (iii) respond to claims that any User Provided Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Syngency, its employees, partners and agents or members of the public.
Syngency undertakes no obligation to pre-screen User Provided Content, but reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Website. You acknowledge, consent and agree that Syngency, at its sole discretion and without notice to you, may review, censor, delete, move, edit, block access to or prohibit the transmission or receipt of any User Provided Content or other information, in whole or in part, for any reason whatsoever, including but not limited to User Provided Content that Syngency deems obscene, defamatory or libelous in nature, that invades the right of privacy or infringes any right of any person or entity, is unlawful, is offensive or otherwise inappropriate, or that Syngency believes to be in violation of these Terms of Use.
You are solely responsible for all User Provided Content that you make available via the Website. Under no circumstances will Syngency be liable to you in any way for any User Provided Content that you upload, post, or otherwise make available via the Website including, but not limited to, any errors or omissions in User Provided Content, or for any loss or damage of any kind incurred as a result of User Provided Content. In addition, you hereby release Syngency from any and all claims, liens, demands, actions or suits in connection with the User Provided Content, including, without limitation, any and all liability for any use or nonuse of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress or economic loss. Except for the rights granted in these Terms of Use, Syngency acquires no title or ownership rights in or to any User Provided Content you submit and nothing in these Terms of Use conveys any ownership rights in the User Provided Content you submit to Syngency.
Third parties, including Users, provide some of the Content of the Website. Syngency makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any content supplied by third parties and will not be liable for any lack of the foregoing or for any errors or omissions in any content supplied by third parties. In addition, third parties may offer opportunities, goods, services and other materials to you on the Website. Such dealings are solely between you and the third party. Syngency will not be responsible for any loss or damage of any sort incurred as the result of any such dealings. Syngency makes no warranty concerning, is not responsible for and does not endorse any third party provided opportunities, goods, services or other materials, and you agree that any recourse for dissatisfaction or problems with those opportunities, goods, services or other materials will be sought from the third party provider and not from Syngency.
Descriptions of, or references to opportunities, products, services, materials or publications within the Website do not imply endorsement by Syngency of that opportunity, product, service, material or publication. The Website may include links to other sites that are not maintained by Syngency. Website of those third parties are subject to terms and conditions different from those found here and it is your responsibility to ensure that you have read and understood them. Syngency is not responsible for the content of those sites, does not endorse those sites, and makes no representations whatsoever concerning the content or accuracy of such other sites. If you decide to access any third party site linked to the Website, you do so entirely at your own risk, and you may be exposed to offensive, indecent or objectionable content. Syngency shall have no liability for any loss or damage arising from your use of any such sites.
Subject to your compliance with these Terms of Use, Syngency grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
In addition to the foregoing, you may not use the Content for development of data-related products or services, the creation of any database product, or for data provision services. Unless separately and specifically licensed to do so in writing by Syngency, you agree not to re-transmit, disclose or distribute any Content to any other person, organization or entity. You expressly agree that the Services and Content shall be used solely for your own benefit and that the Content (including print publications, if applicable) shall not be redistributed or republished by you. You understand and agree that the features of the Services are subject to change without notice to you.
You may not take any action to jeopardize, limit or interfere with Syngency's ownership of and rights with respect to the Website or any Content. The use, copying, sale, leasing, renting, lending, distribution, modification, downloading, creating of derivative works, posting or publication by you, directly or indirectly, of any Content, or any other use of such Content, except pursuant to the foregoing express limited grant of rights, is strictly prohibited. Bots, crawlers, spiders, data miners, scraping and any other automatic access tool are expressly prohibited. You acknowledge that any unauthorized copying or unauthorized use of the Website or of any Content is a violation of these Terms of Use and is strictly prohibited. Violation of this limited use license may result in immediate termination of your access and use of the Website and may result in legal action against you.
The Website is provided for lawful purposes only. By accessing or using the Website, you agree and warrant that in connection with your use of the Website you will not:
Syngency takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Our designated Copyright Agent to receive DMCA Notices is:
Syngency, Inc
Attn: Copyright Compliance Department
Syngency, Inc.
1100 Busch Garden Ct
Pasadena, CA 91105
support@syngency.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:
Syngency, Inc
Attn: Copyright Compliance Department
Syngency, Inc.
1100 Busch Garden Ct
Pasadena, CA 91105
support@syngency.com
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Please be aware that celebrities, and sometimes others, may have a "right of publicity," which means that they may have a right to control commercial uses of their name, image, likeness, and other aspects of their identity. Although you may be a fan, you risk infringing celebrity rights if you use a celebrity name or likeness on the Website and you don't have the celebrity's permission. Syngency reserves the right to remove any Content contained in or posted to the Website that Syngency determines in its sole discretion does or may allegedly infringe another person's copyright, trademark, celebrity material or other rights.
Notices to Syngency regarding any alleged infringement on the Website should be directed to Syngency's General Counsel's Office at legal@syngency.com.
The creation of one or more User accounts is required for the use of the system. As part of Syngency's registration process, you will select a primary email address and subdomain, from which your organizations' Syngency account will be accessed. You agree that this subdomain will not violate the intellectual property rights of another Syngency customer.
You agree that all information you provide to Syngency for purposes of creating a user account (the "User Information") will be true, accurate, current and complete and your failure to provide such information will constitute a breach of these Terms of Use and may result in the immediate termination of your account. All information about you including your User Information, any information obtained by Syngency as a result of your use of the Website, and any information stored or transmitted in any way on or through the use of the Website is subject to Syngency's Privacy Policy, which can be found here. Syngency's Privacy Policy is incorporated into these Terms of Use by this reference.
You understand that you may not:
You agree that any information that you provide to the Website, including but not limited to User Information, shall be true and accurate and current, and you are responsible for updating such information to keep it true, accurate and current. If you create a user account with the Website, you accept responsibility for all activities that occur under your account or password and you agree you will not sell, transfer or assign your user account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access any password-protected portion of the Website (including the Premium Services) using your name, user name or password in whole or in part.
Each user account permits one person to access the organization's Syngency account.
You shall not share the access information with any third party. You shall be solely responsible for any and all use of the Website, including without limitation, any and all charges incurred by a third party, under or using your account detials. If at any time you should learn or suspect that your password has been compromised, you shall promptly notify Customer Service at support@syngency.com and confirm such notice in writing. Upon receiving such notice, Syngency will securely assign a new password to you without charge.
You agree that any unauthorized use of the Website (or any Content derived therefrom) by you or by anyone using your account may result in immediate suspension or termination of your user account by Syngency, in its sole and absolute discretion, without refund of any pre-paid fees. You represent and warrant that the information provided during the subscription process is true and accurate and agrees to update the information thereafter in the event of any changes.
Syngency reserves the right to terminate, without notice, your access to and use of the Website in the event that you provide any false information to Syngency as part of the subscription process, without refund of any pre-paid fees.
Syngency reserves the right to terminate, without notice, your subscription and access to the Website for any conduct that Syngency, in its sole discretion, believes is in violation of these Terms of Use, any applicable law, or is harmful to the interests of another User, service provider, or Syngency.
In the event of such termination, you will continue to be liable for applicable fees for the period prior to termination, together with such other remedies as to which Syngency may be entitled.
Syngency offers month-to-month, and annual (12 month) subscriptions on Syngency.com to all Premium Services. The length of the subscription period is selected by you during the enrollment process.
This means that once you become a subscriber, your subscription will be automatically renewed and your credit or debit card will be charged based on the subscription program (annually, semiannually, or monthly) you have chosen unless you opt out or cancel by following the instructions in these Terms of Use. By subscribing to the Premium Services, you authorize Syngency to charge the applicable recurring subscription fees to your credit or debit card. In some cases, when you subscribe to a free trial of the Premium Services, you will be asked to authorize, and by accepting these Terms of Use you hereby expressly authorize, Syngency to charge the applicable recurring subscription fees to your credit or debit card upon the expiration of the free trial.
When you initially subscribe to the Premium Services, your credit or debit card will be charged immediately for the initial term of the subscription at the then-current fee for the applicable subscription period. If Syngency offer a subscription to a free trial of the Premium Services, you will be not charged for the initial term of the free trial. Unless you notify Syngency of your decision to terminate your subscription or, as applicable, your free trial, your subscription will automatically renew at the end of each subscription term or free trial (if applicable) at the then-current fee.
You will be charged in advance for the renewal term of the subscription service (or initial term, in the case of a renewal following the expiration of an applicable free trial) on your applicable billing date (the "Billing Date"), which will your be the corresponding monthly, semi-annual or annual anniversary of the activation date of subscription. If, however, the activation date of your subscription (or, as applicable, your free trial) is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date for that particular renewal (or initial term, in the case of a renewal following the expiration of an applicable free trial) will be on the last day of the month in which your Billing Date would otherwise be. Each charge on the applicable Billing Date applies to the subscription period immediately following the Billing Date (e.g., a charge for a monthly subscription applies to the month immediately following the Billing Date). You understand that any applicable sales or use taxes will be payable by you, and may be included in each periodic statement.
Syngency may, in its sole discretion, suspend access to your account or deactivate your account without notice to you if Syngency is unable to process your payment or if payment is past due, regardless of the amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your subscription. You may update any of your billing information (including a change to your desired billing payment method) through your account settings on Syngency.com.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PREMIUM SERVICES:
YOU MAY TERMINATE ENROLLMENT IN AUTOMATIC RENEWAL AT ANY TIME BY CONTACTING SYNGENCY ONLINE, EMAILING TEAM@SYNGENCY.COM. YOUR SUBSCRIPTION TO THE PREMIUM SERVICES SHALL BE DEEMED TERMINATED ON THE LAST DAY OF THE THEN IN EFFECT SUBSCRIPTION PERIOD, UNLESS PROVIDED WITHIN TEN DAYS OF AN AUTORENEWAL. YOU AGREE THAT EXCEPT AS PROVIDED HEREIN, THE SUBSCRIPTION FEE IS NON-REFUNDABLE ONCE PAID.
YOU ACKNOWLEDGE AND AGREE THAT YOU, AND NOT SYNGENCY, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT OR DEBIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
Unless you notify Syngency of any discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release Syngency from all liabilities and claims of loss resulting from any such error or discrepancy.
Syngency may change the fees and charges then in effect by giving you notice in advance or by posting the changed fees online at https://www.syngency.com. It is your responsibility to check the current fees. All fees and charges incurred in connection with your user name(s) and password(s) will be billed to the credit or debit card you designate during the registration process. If you want to designate a different credit or debit card or there is a change in your credit or debit card validity or expiration date, you must email Customer Service at team@syngency.com or update your information through your account settings on Syngency.com.
You may cancel a free trial at any time during the free trial period and incur no charge. After the free trial is complete, you will be charged at the rate and schedule selected when you enrolled in the trial. Monthly subscriptions are not eligible for a refund, but can be cancelled to prevent additional future charges. For all initial purchases of subscriptions longer than one month, you may cancel prior to renewal to prevent future renewal charges; or cancel during the first fourteen (14) days after purchase or renewal to remain eligible for a full refund on the subscription payment. If your subscription begins with a free trial and converts into an annual subscription, the fourteen day refund period begins once the free trial ends. If the cancellation occurs after the first fourteen days or if the charge was for a monthly subscription, you will not receive a refund. For all renewals of subscriptions longer than one month, you may cancel within fourteen days of the renewal date and receive a full refund; cancellations made after this period are not eligible for a refund. Monthly subscriptions (both initial subscriptions and renewals) may be cancelled at any time but you will not receive a refund. If you cancel your subscription but are not eligible for a refund, you will retain access to the Website until your subscription expires. Cancellations may be made by filing a customer support ticket at www.Syngency.com/contact, or by emailing team@Syngency.com. Your cancellation must be received by end of business (5:00 p.m. Eastern Time) on the appropriate day as described above, or earlier. All refunds will be given to the original credit or debit card on which the purchase was made. Please allow a reasonable time for the refund to reach you or be charged back to your account.
Notwithstanding sections 10.1 - 10.6, the following terms relate solely to purchasing a subscription to Syngency via the Syngency Mobile App through the Apple App Store. The Syngency app is free to download, and all users can view and search available job notices. Upgrading to a subscription allows users to apply to all job notices available on Syngency.
If you choose to purchase a subscription to Syngency, your payment will be charged to your iTunes account at confirmation of purchase. Your subscription will automatically renew each month or year 24-hours before the end of the current period unless auto-renew is turned off. Auto-renew may be turned off at any time from your iTunes account settings. Prices for subscriptions are in U.S. dollars, and may vary in countries other than the U.S. and are subject to change without notice. Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription. No cancellation of the current subscription is allowed during the active subscription period. If you don't choose to purchase a Syngency subscription, you can continue to use restricted features of the Syngency Mobile app for free.
All refund requests and cancellation requests for subscriptions created in the Syngency Mobile App and processed by the Apple App Store must be submitted to Apple via your iTunes account.
In some instances, additional terms or end user license agreements apply to some services, products, software, competitions or promotions offered via the Website. Such terms are posted in connection with the applicable service, product, software, competition or promotion and are in addition to these Terms of Use. In the event of a conflict, the additional terms prevail over these Terms of Use. Syngency may change, suspend or discontinue any aspect of the Website at any time and without prior notice.
You acknowledge and agree that these Terms of Use, the Privacy Policy, any applicable end user license or similar agreements contain the entire agreement between the parties relating to the Website; provided, however these Terms of Use do not alter in any way the terms or conditions of any other agreement User may have with Syngency. If any provision in these Terms of Use is invalid or unenforceable under applicable law, that part will be deemed severable and the remaining provisions will continue in full force and effect. Each Affiliate expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
You understand and agree that you are responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the Website (including the Premium Services). You are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Website (including the Premium Services) through an Internet access provider or other third-party service, including any applicable taxes.
There shall be no amendment or modification of these Terms of Use unless the same is in writing and signed by an authorized representative of Syngency. Oral agreements shall expressly be non-binding and unenforceable.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.
If a dispute arises between you and Syngency, our goal is to provide you a neutral and cost effective means of resolving the dispute quickly.
Before initiating any arbitration or court proceeding, you and Syngency agree to first attempt to negotiate any dispute, controversy or claim related to the Website, these Terms of Use or the Privacy Policy, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (each, a "Claim") (except those Claims expressly provided in Section 15.7 below) informally for at least thirty (30) days. Negotiations will begin upon written notice. Syngency will send its notice via Certified Mail to your billing or other physical address (if on file with Syngency) and email you a copy to the email address you have provided. You agree to send your notice via Certified Mail to Syngency's General Counsel's Office at the address specified in Section 8.1 and email a copy to legal@Syngency.com.
This Section 15 is referred to in these Terms of Use as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Syngency or a Syngency affiliate, whether relating to these Terms of Use (including any alleged breach thereof), or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and Syngency agree that the Terms of Use evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law.
An arbitrator may not award relief in excess of or contrary to what the Terms of Use provides, including Section 18 Limitation of Liability, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual economic damages, except that the arbitrator may award on an individual basis damages expressly required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.
As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator's decision regarding the Claim, the award given and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms of Use, (i) you and Syngency may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator's decision will be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law. BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SYNGENCY ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
All administrative fees and expenses of arbitration will be divided equally between you and us, except that for claims of less than $500, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
The arbitration will take place in your hometown area if you so notify Syngency in your notice of arbitration or within five (5) days following receipt of Syngency's arbitration notice. In the absence of a notice to conduct the arbitration in your hometown area, the arbitration will be conducted in Los Angeles, California, unless the parties agree to video, phone or Internet connection appearances.
YOU AND SYNGENCY AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE CLAIM BETWEEN SYNGENCY AND YOU INDIVIDUALLY. YOU AND SYNGENCY AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION WILL BE JOINED WITH ANY OTHER.
You and Syngency agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (i) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Syngency's intellectual property rights; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such courts' jurisdiction in lieu of arbitration, provided that any such action or proceeding must be commenced no later than one year after the accrual of the Claim giving rise thereto.
You and Syngency agree that if any portion of the Arbitration Agreement is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect. If for any reason the Arbitration Agreement is deemed inapplicable or invalid, you and Syngency both agree (i) that all Claims will be exclusively decided either the courts of the State of New York situated in the County of New York or in the United States District Court for the Southern District of New York, and you and Syngency agree to submit to the personal jurisdiction of those courts, and (ii) that you and Syngency both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity. By using the Website, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.
All matters related to the Website and these Terms of Use (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law; provided, that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 17. Unless Syngency and you agree otherwise, in the event that the Arbitration Agreement is deemed inapplicable or invalid, you and Syngency both agree that all Claims will be exclusively decided by either the courts of the State of New York situated in the County of New York or in the United States District Court for the Southern District of New York, and you and Syngency agree to submit to the personal jurisdiction of those courts. By using the Website, you accept generally and unconditionally the jurisdiction of the aforesaid courts and irrevocably waives any objection to such jurisdiction.
You agree that if Syngency takes action (by itself or through its representatives) to enforce any of the provisions of these Terms of Use against you, including collection of any amounts due to Syngency, Syngency shall be entitled to recover from you (and you agree to pay), Syngency's reasonable and necessary attorney's fees and any costs of any litigation, in addition to all sums to which Syngency is entitled or any other relief, at law or in equity, except as otherwise limited herein.
In no event will Syngency or any of ITS AFFILIATES be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Website, including without limitation damages related to any information received from the Website, removal of content from the Website, including profile information, any email distributed to any User or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Website, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Syngency, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL SYNGENCY'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM, OR, IF YOU HAVE NOT PAID SYNGENCY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYNGENCY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms of Use, any advice that may be posted on the Website is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Syngency makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist.
You agree to and shall defend, indemnify and hold harmless Syngency, its affiliates and its and its affiliates' directors, officers, employees, agents, representatives, members, joint venturers, licensors, suppliers, vendors, distributors, advertisers and other contracting parties (hereinafter "Affiliates") from and against any and all claims, losses, expenses, including reasonable legal fees or demands of liability, including reasonable attorneys' fees and costs incurred by Syngency and its affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website, or (ii) use of the Website by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. Syngency and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of Syngency. Users further agree to hold harmless Syngency and its Affiliates from any claim arising from a third party's use of information or materials of any kind that Users post to the Website.
THE WEBSITE (INCLUDING THE PREMIUM SERVICES) AND ALL CONTENT PROVIDED THROUGH THE SAME ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SYNGENCY, AND EACH OF ITS AFFILIATES, SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NO WARRANTIES WILL BE IMPLIED BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE.
YOU ACKNOWLEDGE THAT ALL INFORMATION AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE COMPILED FROM AND DISTRIBUTED BY SOURCES THAT ARE OFTEN BEYOND THE CONTROL OF SYNGENCY. SYNGENCY MAKES NO REPRESENTATION OR WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE WILL BE CORRECTED, OR (V) THE WEBSITE, NETWORKS OR SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, TROJAN HORSES, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF SYNGENCY’S CONTROL INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATIONS NETWORK DISRUPTIONS. SYNGENCY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR ANY FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE WEBSITE. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE WEBSITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMISSIBLE UNDER LAW. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE (INCLUDING THE PREMIUM SERVICES) IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE.
If you have any questions about these Terms of Use or your rights or Syngency’s obligations relating to the Website or the Paid Services, please email us at legal@Syngency.com or you may contact us by mail at:
Syngency, Inc.
1100 Busch Garden Ct
Pasadena, CA 91105
support@syngency.com
You consent to receive communications from Syngency electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in "writing." Notice will be deemed given 24 hours after it is posted on any of the Website or sent via email. Alternatively, Syngency may still decide to provide notice by certified mail to the address provided in a User’s payment information.
Last updated: August 3, 2022
One of our team members will reply to your message as soon as possible.
727 W 7th Street
Suite 505
Los Angeles, CA
90017
support@syngency.com
+1 (650) 560-4580
One of our team will reply to your message as soon as possible
One of our team members will reply to your message as soon as possible.
727 W 7th Street
Suite 505
Los Angeles, CA
90017
support@syngency.com
+1 (650) 560-4580
One of our team will reply to your message as soon as possible