Terms of Use

REAL SYNCH WEBSITE TERMS OF USE

Last updated July 17, 2018

Real Synch  (“we,” or “us”) operates this website (“Site”) to provide information about us and the products and services that we provide, including our Real Synch SaaS application integration platform. Your use of any such products or services is governed by the separate agreement provided by us for such products or services.

By accessing and using the Site, you agree to the Terms of Use and the Privacy Policy, available at https://app.realsynch.com/privacy, which is incorporated herein by reference. If you do not want to agree with these Terms of Use or the Privacy Policy, do not use the Site.

Use of the Site

  • You may use the Site only in accordance these Terms of Use and any applicable laws and regulations.
    You may not:
    use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any manual process to access, acquire, copy or monitor any portion of the Site on the Site or obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site;
  • attempt to gain unauthorized access to any portion of the Site, or any systems or networks connected to the Site, by hacking, password “mining” or any other illegitimate means;
  • probe, scan or test the vulnerability of the Site, or any system or network connected to the Site;
  • reverse look-up or trace any information of any other User or visitor or otherwise use the Site for the purpose of obtaining information of any other User or visitor;
  • transmit spam, chain letters, or other unsolicited email or messages;
  • use the Site for any commercial purposes;
  • take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  • upload invalid data, viruses, worms, or other software agents through the Site;
  • impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity;
  • collect or harvest any personally identifiable information, including account names, from the Site;
  • use any device, software or process to interfere with, or attempt to interfere with, the proper working of the Site, or any systems or networks connected to the Site, or with any other person’s use of the Site; or
  • use the Site for any purpose that is unlawful or prohibited by the Terms of Use.

We may monitor the Site and take any appropriate legal action for any illegal or unauthorized use of the Site. We may terminate or suspend your access to all or part of the Site at any time. Any unauthorized use of the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Collection and Use of Your Information

We may ask you to provide information about yourself and/or your company to provide access to some features on the Site. This information should be accurate and complete. Any information you give us (including any information we collect about your use of the Site) will be governed by our Privacy Policy. By giving us this information, you consent to all actions we take with respect to your information that is consistent with our Privacy Policy.

Links to Third Party Sites

We may provide links to third-party websites. We do not recommend or endorse the content of any third-party website. We are not responsible for the content of linked third-party website and we do not make any representations or warranties regarding their content or accuracy. Your use of third-party website is at your own risk and subject to the terms and conditions of use for such website. You expressly release us from any and all liability arising from your use of any third-party website.

Feedback

You may from time to time provide suggestions, comments, or other feedback to us with respect to the improvement, correction, or modification of the Site or our products or services (collectively, “Feedback”). You agree that we shall be free to use, disclose, reproduce, license, distribute, and otherwise commercially exploit the Feedback provided to us as we see fit, entirely without obligation or restriction of any kind. You will not assert any moral rights in the Feedback against us or our licensees, either direct or indirect.

Changes to Site and Terms of Use

We may change or remove all or any part of the Site at any time without notice. If we do, we will not be liable for any reason if all or any part of the Site is unavailable for any period. Any material on the Site may be out of date at any given time, and we may not always update or correct the Site.

We may occasionally change these Terms of Use. Any changes are effective as soon we post them and apply to all subsequent use of the Site. If you continue to use the Site, you accept and agree to the revised Terms of Use. Check this page from time to time to see if we’ve made any changes; the date of the latest revision will be posted at the top of the page.

Intellectual Property Rights

Real Synch and its licensors own and reserve all intellectual property rights in and to the Site. No right, title, or interest in or to the Site is transferred to you, and all rights not expressly granted are reserved by us.

The Real Synch name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Real Synch or its affiliates or licensors. Any use requires our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners and may be subject to additional restrictions.

Disclaimer and Limitation of Liability

THE SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS. REAL SYNCH HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF REAL SYNCH HAS BEEN INFORMED OF SUCH PURPOSE) WITH REGARD TO THE SITE AND THESE TERMS OF USE. REAL SYNCH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR THAT THE SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. TO THE EXTENT THAT REAL SYNCH CANNOT DISCLAIM ANY SUCH WARRANTIES AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTIES WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW. THE ABOVE DISCLAIMERS EXTEND TO REAL SYNCH AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS, AND ITS AND THEIR SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “REAL SYNCH PARTIES”).

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REAL SYNCH PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE THE SITE (INCLUDING ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL), INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER BASIS, EVEN IF FORESEEABLE OR REAL SYNCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to defend, indemnify, and hold the Real Synch Parties harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fees) made against us by any third party due to or arising out of your use of the Site.

Governing Law and Jurisdiction

You agree that any legal action, proceeding or other matters relating to these Terms of Use the Site shall be governed by U.S. federal law or the laws of the State of Texas. Exclusive jurisdiction and venue for all disputes related to these Terms of Use or the Site will be in the state and federal courts residing in Austin, Texas. Each party expressly consents to the exercise of jurisdiction over it in the above venue of any court of competent jurisdiction and waive any rights it may have to have the action tried or determined in a different venue.

Geographic Restrictions
Access to the Site may not be legal by certain persons or in certain countries. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you are responsible for your compliance with local laws.

Entire Agreement

These Terms of Use constitute the complete and exclusive understanding and agreement between the parties regarding the Site and supersede all prior or contemporaneous agreements or understandings, written or oral, relating to the Site.

Waiver and Severability

No waiver by Real Synch of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable and disregarded only if modification is not possible or is prohibited by law. The remaining provisions of these Terms of Use will remain in effect.

Notice and Procedure for Making Claims of Copyright Infringement

Real Synch respects the intellectual property rights of others, and we ask those using our websites to do the same. If you believe that the copyright in your work has been or is being infringed where (i) the copyrighted material is available at, or from, a system or network controlled or operated by or for Real Synch or where (ii) Real Synch, by providing or using an information location tool, such as a directory, index, reference, pointer, or hypertext link, refers or links a third party to a site that contains the copyrighted material, then you may notify Real Synch by providing the following information to Real Synch’s designated copyright agent listed below:

  • A description of the copyrighted work that you claim has been infringed.
  • A description of the material that you claim is infringing.
  • An address, telephone number, and if available an email address where you can be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your notification is accurate and that you swear, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Your electronic or physical signature. 

To file a counter notification with us, please provide the following information to Real Synch’s designated copyright agent listed below:

  • A description of the material that Real Synch has removed or to which Real Synch has disabled access and the location at which the material appeared before it was removed or disabled.
  • Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Santa ClaraCounty, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
  • A statement that you swear, under penalty of perjury, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • Your electronic or physical signature.

Please send notifications of infringement and counter notifications to Real Synch’s designated agent at: contact@realsynch.com.

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