Syndical – Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES

This is the official Terms of Use Agreement (“Agreement” or “Terms of Use”) for NeutralSpace, Inc. d/b/a  Syndical (Syndical) and any applications, content, activities and services (“Applications”) made available by Syndical. (“Syndical,” “we,” “us,” or “our”) through our sites, social networking websites, feeds, or any mobile versions thereof.

The Websites and the Applications are referred to herein as the “Sites” and the Sites are provided by Syndical. These Terms of Use are a binding agreement between you (“you” or “your”) and Syndical. By using the Sites, you indicate your unconditional acceptance of the following Terms of Use. This Agreement applies whether you are accessing the Sites via a personal computer, a mobile device, a tablet, or any other technology or devices now known or hereafter developed or discovered (each, a “Device”). This Agreement governs only the content, features, and activities related to these Sites, unless specifically stated.

These Sites are offered and made available only to users 13 years of age or older and certain features on these Sites (including, but not limited to, user registration, calendars, alarms, feeds, and newsletter signups) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years of age or older or the required greater age for certain features, and/or do not meet any other eligibility requirements, please discontinue using the Sites immediately or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Sites immediately because by using or attempting to use the Sites, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Sites. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to this Agreement.

These terms and conditions regarding your use of the Sites constitute a legally binding agreement between you and Syndical. In this Agreement, the term “Site” includes all websites and web pages within the Sites as well as any equivalent, mirror, replacement, substitute or backup websites, embedded software, widgets, feeds, and web pages that are associated with the Sites. By using these Sites, you understand, acknowledge and agree that you will abide by the terms of this Agreement and any additional terms that govern certain products and services, which will be presented by Syndical in conjunction with those products and services (“Additional Terms”), including, but not limited to, the User Content Submission Agreement which governs your submission of User Content (as such term is defined therein. The Sites’ Additional Terms and the Privacy Policy and the Rules are hereby incorporated in this Agreement by reference.

To the extent that there is a conflict between this Agreement and any Additional Terms for the activity in which you choose to participate, the Additional Terms shall govern. To the extent that there is a conflict between this Agreement and the specific Rules for the activity in which you choose to participate, the Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Sites and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, the Privacy Policy, any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability. Additionally, if you access the Sites through a social networking website, calendaring program, tablet, feed, or a mobile version thereof, you shall comply with such program or website’s terms of service/use as well as this Agreement.

Users have a personal, non-transferable, non-exclusive right to access and use the Sites and Materials (as defined below) subject to these Terms and Conditions. The words “use” or “using” in this Agreement means any time an individual (a “user”), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Sites, transmit, receive or exchange data or communicate with the Sites, or in any way utilizes, benefits, takes advantage of or interacts with any function, feed, service or feature of the Sites, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Sites and it cannot be modified, except as specifically described below.

  1. Registration

We may require each user to have a unique user name and password combination in order to access and use certain features or functions of the Sites and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Sites. Please read our Privacy Policy, which describes the personally identifiable information (“Personal Information”) we collect, use, disclose, manage and store. As part of the registration process for a feature or function, you may choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns. You may also be required to register an account with a calendaring or social networking service through which you seek to connect to or access.

  1. Modifications

We may alter, suspend, or discontinue the Sites in whole or in part, at any time and for any reason, without notice. The Sites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Sites and/or e-mail you or notify you upon login about these changes; the form and manner of such notice is at our discretion. Once we post them on the Sites, these changes become effective immediately and if you use the Sites after they become effective it will signify your agreement to be bound by the changes.

You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the User Content Submission Agreement, other Additional Terms, Rules and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

 

  1. Ownership of Intellectual Property

The contents of these Sites, including all Site software, contributed content, and computer code, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Sites, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material”), are the property of Syndical, and entities under its control, controlling Syndical or under common control with Syndical (its “Affiliates”), and any of their successors and assigns, and any of their respective licensors, Advertisers (as defined below), suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties.

Product names are trademarks or registered trademarks of their respective owners. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. You may only use the Sites for your non-exclusive, non-assignable, non-transferable use and for no other purposes. You may not alter, delete or conceal any copyright or other notices contained on the Sites, including notices on any Material you upload, download, transmit, display, print or reproduce from the Sites. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, republish, edit, distribute, disseminate, broadcast, photograph or circulate to any third party (including, without limitation, on or via a third party website or information system), or otherwise use, any Material without the express prior written consent of Syndical or its owner if Syndical is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws.

On notice, we will act expeditiously to remove content on the Sites that infringes the copyright rights of others and will disable the access to the Sites and its services to anyone who uses them repeatedly to infringe the intellectual property rights of others. 
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over these Sites and to promptly end any infringement that might occur. If you believe that the Sites contain elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Compliance Policy.

  1. Advertising

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of. or from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Sites. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

  1. Rules of Conduct

Your use of the Sites is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, enable or encourage others to use the Sites, or knowingly condone use of these Sites by others, in any manner that is, attempts to, or is likely to:

  • be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, as determined by Syndical;
  • affect us adversely or reflect negatively on us, the Sites, our goodwill, name or reputation or cause duress, distress or discomfort or embarrassment to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Sites, or from advertising, linking or becoming a supplier to us in connection with the Sites;
  • send or result in the transmission of, or introduce to the Site, junk e-mail, junk events, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
  • transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
  • forge any TCP/IP packet header or part of the header information in any email, event, or newsgroup posting for any reason;
  • exploit children under 18 years of age; use abusive, offensive or defamatory screen names and/or personas;
  • obtain unauthorized access to any computer system through the Sites; violate any laws, regulations (including, without  limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any copyright, trademark, trade secret or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Sites, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Sites or to use the Sites in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
  • modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or the rights of use and enjoyment of the Sites by any other person, firm or enterprise;
  • upload any information, software or Material that you do not own or have permission to freely distribute; or
  • collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Sites, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

You agree to indemnify, defend and hold Syndical and its Affiliates harmless for any and all claims, damages, losses and causes of action arising as a result of your posting or uploading content to the Sites or your failure to comply with these Terms of Use.

  1. Wireless Marketing Services and Promotional Opportunities

Syndical may provide you with the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless Devices such as mobile phones. You are required to provide your consent to receive such information from Syndical, either by registering on these Sites or via your wireless Device. Such services and promotional opportunities are provided by Syndical or its Affiliates. The information requested as part of the online registration process is your telephone number or a wireless email address, but only if specifically requested, and your carrier’s name. Optional information may be requested for specific promotions, such as your preferences regarding goods or services, or other similar survey information. Depending on the promotion, we may also collect an Internet email address or other information and, depending on the information collected, you may also be required to confirm your agreement to this Agreement and, including without limitation, the Privacy Policy.

If you register for Syndical’s wireless services, then you acknowledge, understand and agree that you will be charged by your wireless carrier for all messages sent to you from Syndical. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Syndical, or any Affiliates be responsible for any wireless email or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number, or email address. 
You understand, acknowledge and agree that Syndical may, at its sole discretion and without liability to you, terminate its offer of any specific wireless service or all wireless services at any time without advance notice. Syndical may provide notice of terminations or changes in services on these Sites.

  1. Viral Features

There may be portions of our Sites, content, functionality or (“Viral Features”) that we make available to you for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Sites or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or websites of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend and that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

  1. Postings

Your comments, suggestions and information are important to us. Portions of these Sites may provide you and other users an opportunity to participate in events, forum & calendar services, blogs, web communities, and other message and communication facilities (“Communities”) and may provide you with the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, events, ideas, opinions, messages or other information (“Post” or “Postings”) and (b) User Content (as defined in the User Content Submission Agreement), your submission of which is also governed by the terms and conditions therein, and considered a Posting for purposes of this Agreement. You understand, acknowledge and agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely and entirely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Sites. Postings do not reflect the views of the Sites, Syndical, or our Affiliates. We reserve the right to monitor, edit or screen any Postings.

If we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Sites; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Sites.
 If a Posting originates from you or your account, you hereby: (a) grant the Sites, Syndical, and its Affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Posting in whole or in part, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together with or as part of other information, content and/or material of any kind or nature; (b) represent and warrant that (i) you have the legal right to upload the Posting to Syndical and the Posting is original to you and/or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortuous, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of any user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; and (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that (i) you have the right to grant the Sites, Syndical, and its Affiliates the right to use all such Postings as described above, (ii) the Posting was produced in compliance with all applicable laws and regulations and (iii) for any User Content Posting that contains original videos, you will comply with any applicable identification verification and record-keeping requirements, and you will secure and maintain the requisite personal information and identification documentation for all individuals who appear in any such original videos, as may be required by law and/or otherwise requested or required by us in connection with our corporate compliance policies and practices, which includes (y) the individual’s full legal name, current address, date of birth and (z) a legible photocopy of a valid government-issued identification document (e.g., a U.S. passport, state driver’s license or valid photo ID card) to verify the individual’s identity. With the submission of each such Posting, Syndical, and its Affiliates reserve the right to request that you, and upon such request you must, deliver a full and complete set of such identification verification records to us, as well as a legible photocopy of your valid driver’s license, passport or other acceptable government-issued photo identification for our verification and record-keeping purposes. In addition, you specifically acknowledge and agree to abide by our policies regarding governmental certification procedures relating to the foregoing identification verification and record-keeping procedures and, if applicable, you will promptly comply with any specific requests or directions we give you in connection with Postings you submit that may be subject to these requirements. 
You understand, acknowledge and agree that we have the right to delete, re-format and/or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made). The amount of storage space on the Sites per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.  
If you believe that any content on the Sites (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please email us at support@Syndical.com (please refer to our Copyright Compliance Policy for any notices covered by the Copyright Compliance Policy). We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

  1. Contests, Sweepstakes, Auctions and Promotions

From time to time, Syndical, the Affiliates’ or the Sites’ operational service providers, suppliers, and Advertisers, may conduct promotions on or through the Sites, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion will have Additional Terms and/or Rules, which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

  1.  Certain Products and Services

RSS, XML, iCalendar, CalDav, & Other Feed Types

The Sites may provide RSS, XML, iCalendar, CalDav, and other Feeds (“Feeds”) consisting of selected text, events, audio, video, and photographic content (“Content”) from the Sites that is provided over the Internet using various technologies. Certain Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s Device or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Content through various Feeds and you are solely responsible for obtaining such hardware or software.
 Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Content are reserved to Syndical or the content provider. Content is available for personal, use only and you may download, copy and/or transfer to a Device or through a Device to another Device the Feeds and associated Content for your personal, use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Content except as expressly authorized in this Section. 
By your access to and use of Feeds, you understand, acknowledge and agree that the Sites, Syndical, and its Affiliates do not warrant that its Feeds will operate on all user equipment.

Mobile Applications

If Syndical offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the Additional Terms governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number. Under no circumstances will Syndical, or any of our Affiliates be responsible for any wireless email, text messaging or other charges incurred by a user (or any person that has access to a user’s wireless device, telephone number, or email address) using any Mobile Application Services.

  1. Hyperlinks to Third Party Sites

The appearance, availability, or your use of names, URLs or hyperlinks referenced or included anywhere on the Sites or any other form of link or re-direction of your connection to, with or through the Sites, to websites that are not affiliated with Syndical or the Sites is not an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, the Sites, Syndical, or any of its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers.

Your access of the unaffiliated websites is at your own risk, and we do not verify, endorse or have any responsibility for the content of any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such third party websites, whether the Sites’, Syndical’s, or any of its Affiliates’ logo or sponsorship identification is on the third party sites as part of a co-branding or promotional arrangement or for any loss or damage incurred in connection with your use of such links and sites. If any third party sites obtain or collect Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Syndical collects and uses your Personal Information and other information and certain of our relationships.

  1. Deactivation/Termination of Your Registration or Use

If you are registered to use the Sites, you may deactivate your account on the Sites, at any time and for any reason, by sending an email to support@Syndical.com. We may terminate your use of and registration on the Sites, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion.

  1. Disclaimer and Limitations of Liability

THESE SITES, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE SITES WILL BE AVAILABLE FOR USE, ACCURATE UNINTERRUPTED, FREE OF VIRUSES OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED.

Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Sites. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Sites, including, without limitation, Postings and Materials associated with your use of the Sites.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THESE SITES, SYNDICAL, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITES OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Syndical, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for the Syndical, to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Sites. You further understand and acknowledge the capacity of the Sites, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Syndical assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or Postings or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of the Sites for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies; accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

  1. Indemnification

You agree to indemnify, defend and hold the Sites, Syndical, and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your use of the Sites, any breach or violation of this Agreement by you, or your Postings.
 Syndical reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Syndical in the defense of any such claim, action, settlement or compromise negotiations, as requested by Syndical.

  1. Privacy

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Sites.

  1. Jurisdictional Issues

We make no representation that information on this website, or website feeds, are appropriate or available for use outside the United States.  Those who choose to access this website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

  1. Law That Applies to this Agreement; Miscellaneous Terms

This Agreement, together with any Additional Terms, Rules, our Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Sites and supersedes any and all prior or inconsistent understandings relating to the Sites and your use of the Sites.

This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Sites, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Sites are governed by, construed and enforced in accordance with the internal substantive laws of the State of Oregon (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in Oregon, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of Multnomah and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

You agree that Syndical may assign or delegate this Agreement, the Privacy Policy and any Additional Terms or Rules, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under this Agreement, the Privacy Policy and any Additional Terms or Rules to any person or entity without Syndical’s prior written consent, and any unauthorized assignment or delegation by you is void and ineffective.

The failure of Syndical to require or enforce strict performance by you of any provision of this Agreement, the Privacy Policy or any Additional Terms or Rules, or failure to exercise any right thereunder, shall not be construed as a waiver of Syndical’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Syndical of any provision, condition or requirement of this Agreement, the Privacy Policy or any Additional Terms or Rules shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as set forth in this Agreement, no consents or waivers or other acts or omissions by Syndical shall be deemed a modification of this Agreement, the Privacy Policy or any Additional Terms or Rules, nor be legally binding, unless documented in writing and signed by a duly authorized officer of Syndical.

Syndical Cancellation Policy:

All Syndical services are considered paid in advance and not in arrears.

– Month-to-month cancellations:

All new accounts shall be paid within the first 15 days and shall continue our service for at least 3 billing cycles. This means our new accounts are a 3 month minimum. Any month-to-month customer that wants to cancel after 3 months, for any reason is required to provide Syndical a month in advance written notice sent to cancellations@syndical.com. This will properly record the date of the cancellation request. Sales will contact the customer to determine the reason for cancellation and access the the probably of a save.

A properly received month-to-month cancellation will be processed on the last day of the current month if notice given is greater than 22 days.  If less than 22 days, the cancellation will be processed on the last day of the following month. A phone call, email or text, to a Syndical employee or to a generic Syndical email like sales@syndical.com is not considered a valid cancellation notice.  All past due payments must be paid at the time of the cancellation notice.

– Annual cancellations:

An Annual account begins upon invoicing and/or account setup and may receive a discount.  The start date of the account shall be the account-live date of the calendar account. An Annual account must be paid in advance, credit card or, credit sufficient, net 15 days, and cannot be cancelled until the next renewal date. Cancellation of the annual account, at the end of the term,  will require a 30 day written notice sent to cancellations@syndical.com. All Annual accounts will be automatically renewed but may be cancelled at the end of the next sequential quarter after the renewal date. After that time, the account may only be cancelled at the next annual renewal date with due notice. All past due payments must be paid at the time of the cancellation notice.

– Semi-Annual or Quarterly cancellations:

A Semi-Annual or Quarterly account begins upon invoicing and/or account setup and may receive a discount.  The start date of the account shall be the account-live date of the calendar account. A Quarterly or Semi-Annual account must be paid in advance, credit card or credit sufficient, net 15 days, and cannot be cancelled until the next Semi-Annual or Quarterly renewal date. Cancellation of the Annual account will require a 30 day written notice sent to cancellations@syndical.com. All Semi-Annual or Quarterly accounts will be automatically renewed but may be cancelled at the end of the next sequential quarter after the renewal date. After that time, the account may only be cancelled at the next renewal date.  All past due payments must be paid at the time of the cancellation notice.