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getSynergized Web Site Agreement
The getSynergized Web Site (the "Site") is an online information
service provided by getSynergized ("getSynergized "), subject to your
compliance with the terms and conditions set forth below. PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY
THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
getSynergized MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF
THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED
AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks
are getSynergized, its affiliates or other third party licensors. YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to getSynergized a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to getSynergized by all means and in any media now known
or hereafter developed. You also grant to getSynergized the right to
use your name in connection with the submitted materials and other
information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall
have no recourse against getSynergized for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to getSynergized.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or servicemarks
of getSynergized. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by getSynergized,
getSynergizeddoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for getSynergized-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with getSynergized
a. You also understand that getSynergized cannot and does not guarantee
or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. getSynergized PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
getSynergized SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. getSynergized DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. getSynergized HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL getSynergized BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF getSynergized OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, getSynergized LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
getSynergized makes no representations whatsoever about any other
web site which you may access through this one or which may link
to this Site. When you access a non-getSynergized web site, please
understand that it is independent from getSynergized, and that getSynergized
has no control over the content on that web site. In addition,
a link to a getSynergized web site does not mean that getSynergized
endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless getSynergized,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of getSynergized and its
officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of The United States of America applicable
to agreements made and to be performed in The United States of America.
You agree that any legal action or proceeding between getSynergized
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in The United States
of America . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is barred.
getSynergized's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. getSynergized may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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Prepared for: getSynergized ,All rights reserved.
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