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The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
This website or service is operated by Syncaru LLC, a California, USA limited liability company. Throughout the site, the terms “we”, “us” and “our” refer to Syncaru LLC. Syncaru LLC offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or logging into the service, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
To use our Service, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, store and otherwise use your information in accordance with the terms of Syncaru Privacy Policy at https://www.syncaru.com/privacy
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You also acknowledge and agree as follows: (a) information and materials are provided for informational purposes only, may be inaccurate and could include errors; (b) information provided by Syncaru should not be considered a substitute for tax, audit, legal, accounting, brokerage, investment, trading, financial planning or other professional advice; and (c) no fiduciary relationship exists between you and Syncaru.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
You are solely responsible for the accuracy and completeness of any data provided by or behalf of you or accessed by the Syncaru Services from Third-Party Services on your behalf and results derived by the Syncaru Services from your data. You are responsible for ensuring that it complies with all applicable laws with respect to any use of the Syncaru Services , including, but not limited to, ensuring the completeness and accuracy of any financial transactional data.
Syncaru is not responsible for verifying the accuracy or completeness of your data or the results. Syncaru is also not responsible for the acts, omissions, or solvency of any broker, agent, or independent contractor or other advisor or professional associated with your use of the Syncaru Services and your data submitted to Syncaru.
In addition, You are responsible for retaining copies of all your data and the results for any legal or other compliance purpose.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) Acts that may materially and adversely affect the quality of other users’ experience; (m) Actual or attempted unauthorized use or sabotage of any computers, machines or networks; (n) Engaging in any monitoring or interception of data not intended for you without authorization; (o) Attempting to circumvent authentication or security of any host, network, or account without authorization; (p) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (q) Adapt, modify or create derivative works based on the Services, technology underlying the Services, or other users’ content, in whole or part; (r) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on the Services (excluding content posted by you) except as permitted in these Terms, or as expressly authorized by SYNCARU in writing; (s) Create frames around our Site or use other techniques that alter in any way the visual presentation or appearance of our Services.Using any method, software or program designed to collect identity information, authentication credentials, or other information; (t) Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. SYNCARU DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. SYNCARU DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SYNCARU’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
SYNCARU SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, DOWNLOADING OR USAGE OF ANY MATERIALS OR DATA TO OR FROM THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF THE COMPANY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SYNCARU SERVICES OR THIS AGREEMENT (WHETHER IN CONTRACT OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 3 MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through good-faith negotiations, which shall be a precondition to either party initiating a lawsuit or arbitration. Except for disputes relating to SYNCARU’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), all claims arising out of or relating to this Agreement and your use of the SYNCARU Services shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules. The parties agree that the arbitration shall take place in Santa Clara County, California. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to this Agreement or the SYNCARU Services, including, but not limited to, any claim that all or any part of these Terms is void or voidable. YOU EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with this Agreement. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, SYNCARU will pay the additional cost, provided that each party will be responsible for their share of the arbitrator fees. You agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if SYNCARU is a party to the proceeding. This arbitration provision will be governed by the Federal Arbitration Act.If this arbitration provision is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in the Governing Law and Venue section shall govern any claim in court arising out of or related to the Agreement.
This Agreement is governed by the laws of the State of California (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this Agreement. Except for disputes subject to the arbitration provision, any suit or legal proceeding must be exclusively brought in the federal or state courts for Santa Clara County, California, and Customer submits to this personal jurisdiction and venue. Nothing in this Agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction. The prevailing party in any litigation is entitled to recover its reasonable attorney’s fees and costs from the other party.
Customer hereby irrevocably agrees to indemnify, defend, and hold Syncaru, its Affiliates, directors, officers, employees, and agents harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) arising out of or related to (i) any third-party claim resulting from a breach by Customer of any of Customer’s covenants, representations, or warranties contained in this Agreement; (ii) the Customer Data and Results and/or (iii) Customer’s use of the Syncaru Services.
If you have any questions about these Terms or otherwise need to contact Syncaru for any reason, you can reach us at hello@syncaru.com