|
Legal Notice-Agreement
of Site Use
The following are terms
of a legal agreement ("Agreement") between
you and Synergen Consulting International. By accessing,
browsing, surfing, viewing and using this web site ("Site")
you acknowledge that you have read, understood and agree
to be bound by these terms and to comply with all applicable
laws and regulations. If you do not agree to these terms,
do not use this Site. Read this Agreement carefully
and be aware that Synergen Consulting International
may amend this Agreement at any time without notice
by posting the amended terms on this Site. Amendments
shall become effective immediately upon posting.
Third Party Links
This Site may contain
links to third party web sites. Synergen Consulting
International makes no representations whatsoever about
any other web site which you may access through this
Site. When you access a third party web site, understand
that it is independent from Synergen Consulting International
and that Synergen Consulting International has no control
over the content on that web site even if Synergen Consulting
International provides information or services to the
owner of that web site. In addition, a link to a third
party web site does not mean that Synergen Consulting
International endorses the content of such web site
or accepts responsibility for your use of such web site.
If a link has been provided from this Site to a third
party site, and the third party site wishes for the
link to be removed, the site may contact Synergen Consulting
International to do so. However, if the third party
does not request the links removal from this Site then
the third party endorses the link.
Inbound
Links
This Site may have
inbound links from third party web sites. Synergen Consulting
International makes no representations whatsoever about
any web site which may have provided you a link to this
Site. A link to this Site does not mean that Synergen
Consulting International endorses the content of such
web site or accepts responsibility for your use of such
web site.
Personally
Identifiable Infomation
Synergen Consulting
International uses your personally identifiable information
to fulfill your requests for information and for other
business purposes as you may solicit. Synergen Consulting
International aggregates this personally identifiable
information and may disclose such information to third
parties for marketing and promotional purposes. Unless
you consent to such disclosure, Synergen Consulting
International shall not intentionally disclose or communicate
to any third party your personally identifiable information
except if required to do so by law or in the good faith
belief that such action is necessary to comply with
law or to protect and defend Synergen Consulting International's
rights or property.
How
Synergen Consulting International Uses and Shares Information
Synergen Consulting
International takes user privacy very seriously because
Synergen Consulting International knows that your privacy
on the web is very important to you. You can visit this
Site without telling Synergen Consulting International
who you are or providing Synergen Consulting International
with any information. However, when you request information
from Synergen Consulting International and supply information
that personally identifies you or allows Synergen Consulting
International to contact you, you are agreeing to share
that information with Synergen Consulting International,
its agents, representatives, attorneys and affiliates.
The personally identifiable information that is collected
by Synergen Consulting International includes, but is
not limited to, your name, mailing address, e-mail address,
telephone and fax numbers and may also include the status
of cookies placed on your computer.
Copyright
and Use of Site Content
The copyright in all
materials provided on this Site is owned by Synergen
Consulting International. Except as stated herein, this
site and the content provided in this site, including,
but not limited to, graphic images, audio, video, html
code, buttons, and text, may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way, without the prior written consent of Synergen
Consulting International, except that you may download,
display, and print one copy of the materials on any
single computer solely for your personal, non-commercial
use, provided that you do not modify the material in
any way and you keep intact all copyright, trademark,
and other proprietary notices. This permission terminates
immediately if you breach this Agreement. You may not
"mirror" or duplicate any material contained
on this Site without Synergen Consulting International's
prior written consent. Any unauthorized use of the materials
contained on this Site may violate copyright laws, trademark
laws, the laws of privacy and publicity and/or communications
regulations and statutes. All content and functionality
on this Site, including, but not limited to, text, graphics,
logos, icons, and images and the selection and arrangement
thereof, is the exclusive property of Synergen Consulting
International or its licensors and is protected by U.S.
and international copyright laws. All rights not expressly
granted are reserved.
Visitors
Postings and Submissions
You acknowledge and
agree that Synergen Consulting International owns and
has the unrestricted right to use, publish, in electronic
form and otherwise, distribute and exploit any and all
information that you post or otherwise publish on this
Site or send to Synergen Consulting International. You
hereby waive any claim against Synergen Consulting International
for any alleged or actual infringements of any rights
of privacy or publicity, moral rights, or rights of
attribution in connection with Synergen Consulting International's
use and publication of such submissions. By submitting
any creative ideas, concepts, know-how, techniques,
suggestions or materials (collectively, "Submissions"),
you automatically grant to Synergen Consulting International
a perpetual, royalty-free, non-exclusive, unrestricted,
worldwide and irrevocable right and license to use,
reproduce, modify, publish, translate, prepare derivative
works based upon, distribute, perform or display such
Submissions, in whole or in part, in any form, media
or technology known or hereafter developed for any purpose,
including, but not limited to, advertising and promotional
purposes. This means that anything submitted by you
to Synergen Consulting International shall be owned
by Synergen Consulting International and may be used
by Synergen Consulting International for any purpose,
now or in the future, without any payment to or further
authorization by you. You covenant that you shall not
post or otherwise publish on this Site any materials
that: (i) are threatening, libelous, defamatory, or
obscene; (ii) would constitute or that encourage conduct
that would constitute a criminal offense, give rise
to civil liability or otherwise violate law; (iii) infringe
the intellectual property, privacy or other rights of
any third parties; (iv) contain a computer virus or
other destructive element; (v) contain advertising;
or (vi) constitute or contain false or misleading statements.
Synergen Consulting International reserves the right
to refuse to post and the right to remove any Submissions
or other information, in whole or in part, for any reason.
Reliance
of Information
Information on this
Site should not be relied upon for making business,
investment or other decisions or used as a substitute
for consultation with professional advisors. Moreover,
Synergen Consulting International does not represent
or endorse the accuracy or reliability of such information
that is posted, displayed, uploaded, downloaded or distributed
through this Site by Synergen Consulting International,
any user, information provider or any other person or
entity. You acknowledge that any reliance upon such
information shall be at your sole option and risk.
Site
Access and Errors
There may be delays,
omissions or inaccuracies in information obtained by
you through your use of this Site. Synergen Consulting
International may alter, suspend or discontinue this
Site or your access to use this Site at any time for
any reason without notice or liability. This Site may
become unavailable due to maintenance or malfunction
of computer equipment or for other reasons and may result
in damages to your computer system, software, data or
operations. You shall be solely responsible for ensuring
that any information or content obtained from this Site
does not contain any virus or other computer software
code or subroutine designed to disable, erase, impair
or otherwise damage your computer system, software or
data.
DISCLAIMER
OF WARRANTIES
THIS SITE AND ALL MATERIALS
THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT
PERMISSIBLE UNDER APPLICABLE LAW, SYNERGEN CONSULTING
INTERNATIONAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
REGARDING ITS CONTENT PROVIDED ON THIS SITE HEREUNDER,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABLITIY, ACCURACY,
COMPLETENESS, CONDITION, PERFORMANCE, OR FITNESS FOR
A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFOMANCE, INCLUDING
ANY WARRANTY REGARDING ANY BENEFIT THAT MIGHT BE OBTAINED
FROM THE SERVICES PROVIDED HEREUNDER. FURTHERMORE, SYNERGEN
CONSULTING INTERNATIONAL DOES NOT WARRANT THAT: (1)
THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR
RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE SHALL
BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS SHALL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THIS
SITE IS AT YOUR SOLE RISK. IF YOU ARE A CALIFORNIA RESIDENT,
YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 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."
LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES
SHALL SYNERGEN CONSULTING INTERNATIONAL OR ANY OF ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, INVESTORS,
EMPLOYEES, AGENTS, REPRESENTATIVES OR ATTORNEYS AND
THE RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS OF ALL
THE FOREGOING BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES THAT ALLEGEDLY RESULT FROM THE USE OF, OR THE
INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED
ON THIS SITE OR OBTAINED FROM YOUR USE OF THIS SITE,
INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED
FROM THIS SITE, EVEN IF SYNERGEN CONSULTING INTERNATIONAL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL SYNERGEN CONSULTING INTERNATIONAL'S
AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS,
INVESTORS, EMPLOYEES, REPRESENTATIVES, AND ATTORNEYS
TOTAL LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT
OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN WHICH CASE SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO ALL USERS.
Indemnification
You hereby indemnify,
defend, and hold harmless Synergen Consulting International
and its subsidiaries, affiliates, officers, directors,
investors, employees, representatives, and attorneys
(collectively, the "Indemnified Parties")
from and against any and all liability, damages and
costs, including, without limitation, reasonable attorneys'
fees, incurred by the Indemnified Parties in connection
with any claim arising out of or relating to any breach
by you of this Agreement or the representations, warranties,
and covenants you have made by agreeing to the terms
of this Agreement. You shall cooperate as fully as required
in the defense of any such claim. Synergen Consulting
International reserves the right, at its own expense,
to assume the exclusive defense and control of any matter
subject to indemnification by you.
Enforcement
and Governing Law
This Agreement is governed
and interpreted pursuant to the laws of the State of
Texas, United States of America, notwithstanding any
principles of conflicts of law. Any claims or disputes
arising out of, or relating to Synergen Consulting International's
Site, shall be subject to and decided by arbitration
in accordance with the Commercial Rules of the American
Arbitration Association currently in effect. The arbitration
shall be held in the United States, in Houston, Texas,
before a panel of three arbitrators. Each party shall
bear its own expense of arbitration. The arbitrators
may award pre-award interest but shall not award consequential
or punitive damages. The award rendered by the arbitrators
shall be final, and judgment may be entered upon it
in accordance with applicable law in any court having
jurisdiction thereof.
Notices
of Infringement
Synergen Consulting
International prohibits the posting of any information
that infringes or violates the copyright rights and
other intellectual property rights (including rights
of privacy and publicity) of any third party. If you
believe that any material contained on this Site infringes
your copyright or other intellectual property rights,
you must notify Synergen Consulting International of
your infringement claim in accordance with the following
procedure. Synergen Consulting International shall process
notices of alleged infringement which it receives and
shall take appropriate action as required by the Digital
Millennium Copyright Act ("DMCA"). The DMCA
requires that notifications of claimed infringement
should be sent to this Site's Designated Agent who is:
Synergen Consulting
International
580 Westlake Park Boulevard, Suite 110
Houston, TX 77079
phone: (281) 598-1190
fax: (281) 598-1199
To be effective, the
notification must be in writing and contain the following
information (DMCA, 17 U.S.C. §512(c)(3)):
1. Physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right
that is allegedly infringed;
2. Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works
at a single online site are covered by a single notification,
a representative list of such works at that site;
3. Identification of the material that is claimed to
be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit
the service provider to locate the material;
4. Information reasonably sufficient to permit the service
provider to contact the complaining party, such as an
address, telephone number, and, if available, an electronic
mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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; and
6. A statement that the information in the notification
is accurate, and under penalty of perjury, that the
complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
United States law provides significant penalties against
those who submit false statements.
Entire Agreement
This Agreement constitutes the entire agreement between
you and Synergen Consulting International with respect
to the subject matter of this Agreement and supersedes
and replaces all prior or contemporaneous understandings
or agreements, written or oral, regarding that subject
matter. Any waiver of any provision of this Agreement
shall be effective only if in writing and signed by
Synergen Consulting International.
|