BY CONTINUING TO USE THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE AGREEMENTS AND THAT YOU AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT WISH TO CONSENT TO THESE AGREEMENTS OR BE BOUND BY THEIR TERMS, YOU MUST STOP USING THE WEBSITE.
1. Usage of the Website
Sync.MD is a company with a technological platform that helps individuals exchange information with other organizations or individuals in a more secure, efficient, and electronic manner. Our Website can be used to collect, store, verify, and exchange certain types of personal information and financial, legal, and/or contractual documentation or agreements that you may need to share with another entity or individual such as a healthcare organization or automotive dealership.
Sync.MD reserves the right to change, amend, or stop any aspect of our Website, or any service or product or feature provided by the Website, at our sole discretion with or without notice. Sync.MD is not liable if for any reason the Website, or any part of the Website, is unavailable for any period. Sync.MD may freely restrict users and visitors from accessing the Website, or parts of the Website.
2. Prohibited Usage of the Website
You may only use our Website in accordance with these Terms and for lawful purposes. You agree that you will not use the Website or attempt to use the Website:
- In any manner that violates any federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To impersonate or attempt to impersonate any other individual, organization, or entity
- To engage in any conduct or behavior that restricts or inhibits access or use of the Website or which may harm the Website, Sync.MD, or other users or expose them to liability.
- In any manner that could damage, disable, or impair the Website or interfere with any other party’s use of the Website.
- In order to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- In order to introduce any viruses, trojan horses, worms, logic bombs, or other material which may be malicious or technologically harmful.
- To interfere with the proper operation of the Website through any device, software, or routine.
- To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Sync.MD has the right to fully cooperate with any law enforcement authorities or court orders that request, direct, or require us to disclose the identity or other information of anyone engaging in unlawful behavior or posting any materials on or through the Website. You agree to waive and hold harmless Sync.MD and its affiliates, licensees, and service providers from any claims resulting from any action taken by Sync.MD or these parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either Sync.MD or these parties or law enforcement authorities.
4. Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, images, video and audio, and the design, selection and arrangement thereof), are owned by Sync.MD, its licensors, or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property law.
You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, transmit, or otherwise violate any of the intellectual property rights for material on the Website for your own commercial purposes. If you violate these rights, or allow any other person to violate these rights, your right to use the Website will immediately cease and you must return or destroy any copies of the materials that you have made.
The Sync.MD name, the Sync.MD logo, and all related names, logos, product and service names (such as Sync.Auto), designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of Sync.MD. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
6. Content for Informational Purposes Only
Information presented on or through the Website, such as blog posts, videos, guides, essays, FAQs, or other marketing material is made available solely for general information purposes. We do not provide or claim any warranties with respect to the accuracy, completeness, or applicability of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility that reliance on such materials may cause to you or any other visitor to the Website, or to anyone who may be informed of its contents by you.
All of the material on the Website may be outdated or incomplete at any given time, and we are under no obligation to update, revise, or correct such material. Although we may update the content on the Website from time to time, such changes do not constitute a guarantee that the revised content is now accurate or up-to-date.
7. Collection of Information
8. Access to Website by Minors
9. Governing Law
This Agreement shall be governed by and construed in an accordance with the laws of the United States of America and the State of South Carolina without regard to its conflict of laws provision. In any action or proceeding to enforce or interpret this Agreement, the parties hereby consent to the exclusive jurisdiction and venue in the state courts of South Carolina or any Federal Court located therein.
10. Assumption of Risk
Our Website is designed to provide a platform and services that can be used in order to collect, create, receive, transmit, store, and otherwise exchange information between individuals, organizations, and other entities. But you are always responsible for ensuring that your usage of our Website and your collection, creation, reception, transmittal, storage, and/or usage and sharing of information is done in accordance with all applicable governing laws and regulations. Your access to our Website and any related services available within it does not provide or constitute any guaranty, warranty, or promise by Sync.MD that your usage of the system will satisfy any legal requirements.
Sync.MD does not assume any obligation or liability with respect to your compliance with laws and regulations when using our Website. In no event shall Sync.MD be liable for any death or bodily or mental or financial injury that you may suffer, or that you may cause to any third party, in connection with your use of the Website or any activity that you undertake in connection with your use of the Website.
11. Disclaimer of Warranties
SYNC.MD PROVIDES OUR WEBSITE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SYNC.MD MAKES NO WARRANTY, REPRESENTATION, OR GAURANTY THAT THE WEBSITE OR THE CONTENT WITHIN THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. SYNC.MD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE USE OF DATA OR THE RESULTS OF THE USE OF DATA FROM THE WEBSITE. NO WRITTEN OR ORAL INFORMATION OR ADVICE GIVEN BY ANY SYNC.MD EMPLOYEE, REPRESENTATIVE, OR DISTRUBTOR SHALL CREATE A WARRANTY FOR OUR WEBSITE AND YOU MAY NOT RELY UPON SUCH INFORMATION OR ADVICE.
12. Limitation of Liability
IN NO CIRCUMSTANCE SHALL SYNC.MD BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION THE COST OF COVER, DAMAGES ARISING FROM LOSS OF DATA, USE, PROFITS, OR GOODWILL), WHETHER OR NOT SYNC.MD HAS BEEN ADVISED OF THE POSSBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THESE LIMITATIONS SHALL APPLY NONWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SYNC.MD’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMIATATION ANY CLAIMS IN TORT (INCLUDING NEGLIGENCE), CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY OR OTHERWISE, AND FOR ANY AND ALL CONNECTED OR COMBINED CLAIMS, WILL NOT EXCEED $200.00 U.S.D.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU WITH RESPECT TO CERTAIN TYPES OF DAMAGES OR CLAIMS.
14. Class Action Waiver
WHERE PERMITTED BY APPLICABLE LAW YOU AND SYNC.MD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR SYNC.MD’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THIS WAIVER WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SYNC.MD HARMELSS FROM ANY LIABILITY, LOSS, DAMAGE, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF OUR WEBSITE OR FOR ANY CLAIMS MADE AGAINST SYNC.MD BY ANY THIRD PARTY. YOU AGREE YOUR INDEMNIFICATION OF SYNC.MD INURES TO THE BENEFIT OF THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OF LICENSORS, AND ITS SUCCESSORS INTEREST.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS OF OUR WEBSITE FOR ANY REASON, YOU RELEASE SYNC.MD (AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, AGENTS, SUBSIDIARIES, REPRESENTATIVES, AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Unless otherwise terminated by Sync.MD as provided for in these Agreements, these terms will remain in effect for as long as you use the Website or Sync.MD allows your use of the Website.
18. Breach and Termination
This Agreement and any license granted may be terminated or suspended by Sync.MD’s sole discretion, immediately and without warning, if you fail to comply with any term or condition of this Agreement. In addition, Sync.MD may at any time suspend your access to the Website, if you are in breach of this Agreement or using the Website in a manner that impairs the operation of our Website or that violates our Agreements. You agree that we are not liable to you or any third party for any termination or suspension of your access to our Website.
You further acknowledge and agree that our Website is under development and will continually change as Sync.MD may freely determine from time to time. Sync.MD reserves the right to terminate, change, or modify any portion, aspect, or feature of the Website or any service related to the Website at any time.
19. Effect of Termination
If you fail to fulfill any of your obligations under this Agreement, and this Agreement terminates, Sync.MD may pursue all available legal remedies it may have against you. You further acknowledge and agree that upon termination of this Agreement, any and all rights granted to you by the Agreement shall cease and you must immediately cease any and all activities authorized by this Agreement. You acknowledge and agree that you will remain bound by the sections that by their nature or intended character can survive expiration or termination, such as but not limited to, Assumption of Risk, Disclaimers of Warranty, Limitations of Liability, and Intellectual Property.
20. Complete Agreement and Severability
This Agreement shall supersede any and all proposals, oral or written, negotiations, conversations, discussions, agreements, and all past dealings between you and Sync.MD relating to our Website. In the event that any term of this Agreement is held by a court of competent jurisdiction to not be enforceable, such unenforceability shall not affect the remaining terms of this Agreement in such jurisdiction or render unenforceable or invalidate such terms and provisions of this Agreement in other jurisdictions.
Upon such determination that any terms or provisions are held to be invalid under any applicable statute or rule of law, they shall be severed from this Agreement and the remaining provisions of this Agreement shall be interpreted so as to best effect the intent of the parties and the parties agree to replace any invalid or unenforceable provisions in a mutually acceptable manner as originally contemplated to the largest possible extent. No waiver of any right or obligation contained herein shall be given except in writing signed by the party against whom the waiver is sought to be enforced.