Terms of Use

Terms Of Use

1. Scope: These Terms of Use govern (1) www.synergybusinessonline.com and all pages combined within it that are owned or operated by Synergy Business Development Inc. (“Synergy”), including those that are accessible with or without a username and password, including but not limited to text, content, photographs, video, audio, graphics, and services, and (2) the Winly App, including but not limited to all text, content, photographs, video, audio, graphics, and services (collectively, the “Services”).

 

2. Acceptance of the Terms of Use: Please read these Terms of Use carefully before you start to use the Services. By using the Services, you signify your acceptance of these Terms of Use and the terms of our Privacy Policy at www.winlyapp.com. If you do not agree to these Terms of Use, you should elect not to use the Services.

 

3. Changes to the Terms of Use: Synergy reserves the right to change these Terms of Use at any time at its sole discretion by posting revisions on the Services at www.winlyapp.com. Such revisions will be effective immediately upon posting them to the Synergy Site. Your use of the Services after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

 

4. Accessing the Services and Account Security.

 

a. By using the Services, you represent and warrant that you are 18 years or older. If you are under the age of 18 years, you agree not to download or use the Services.

 

b. Synergy reserves the right to withdraw or amend the Services, and any service or content we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services.

 

c. You are responsible for making all arrangements necessary for you to have access to the Services.

 

d. You are responsible for ensuring that all persons who access the Services through your Internet connection are aware of and in compliance with these Terms of Use.

 

e. You may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current and complete.

 

f. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify Synergy of any unauthorized use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

 

g. Synergy has the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms of Use.

 

5. Prohibited Uses.

 

a. You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree to use the Services only for lawful and legitimate purposes. You agree not to use the Services:

 

i. In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);

 

ii. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;

 

iii. To send, knowingly receive, upload, download, use or re-use any content which does not comply with these Terms of Use;

 

iv. To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;

 

v. To transmit, or procure the sending of, any advertising or promotional content, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;

 

vi. To impersonate or attempt to impersonate Synergy or a Synergy employee, another user, or person or entity (including, without limitation, the use of names or email addresses associated with any of the foregoing); or

 

vii. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Synergy or users of the Services or expose them to liability.

 

b. Additionally, you agree not to:

 

i. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;

 

ii. Use any robot, spider, or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the content on the Services;

 

iii. Use any manual process to monitor or copy any of the content on the Services or for any other unauthorized purpose without the prior written consent of Synergy;

 

iv. Use any device, software or routine that interferes with the proper working of the Services;

 

v. Introduce any viruses, trojan horses, worms, logic bombs or other content which is malicious or technologically harmful;

 

vi. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Services, the server on which any part of the Services is stored or any server, computer or database connected to the Services;

 

vii. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack; or

 

viii. Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently-available published interfaces provided by Synergy and/or the Apple iTunes App Store; or

 

ix. Otherwise attempt to interfere with the proper working of the Services.

 

6. Intellectual Property Rights.

 

a. The Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Synergy, its licensors or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Synergy Business Development, Inc., trademarked terms for Winly, Business Plan Snapshot, Strategic Plan Snapshot, Growth Plays, User Dashboard, Inside Game, Outside Game, Playbooks and each of their logos are trademarks of Synergy. You must not use such marks without the prior written permission of Synergy. All other trademarks appearing on the Services are the property of their respective owners.

 

b. Some of the content on the Services is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. Selected content, including but not limited to the Business Plan Snapshot and the Growth Plays, may be downloaded by you pursuant to these Terms of Use (“Available Content”) except where expressly indicated. Users are granted a limited, revocable, nonexclusive, nontransferable license to Available Content conditioned on the user’s continued compliance with these terms. YOU MAY NOT COPY OR SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE. ANY PERMISSION TO USE AVAILABLE CONTENT IS REVOCABLE BY SYNERGY AT ITS SOLE DISCRETION AT ANY TIME UPON NOTICE PROVIDED BY SYNERGY.

 

c. You must not:

 

i. Copy any content from the Services;

 

ii. Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or

 

iii. Delete or alter any copyright, trademark or other proprietary rights notices from copies of content from the Services.

 

d. You must not reproduce, sell or exploit for any commercial purposes any part of the Services, access to the Services, or use of the Services.

 

e. No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Synergy. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

7. Changes to the Services. We may update the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the content provided by the Services may be out of date at any given time, and Synergy is under no obligation to update such content. We may change, suspend access to, or terminate the Services at any time with or without notice at our sole discretion.

 

8. User-Provided Information – Content Standards.

 

a. You represent and warrant that you own or control all rights in the information you provide about yourself and/or your organization to the Services (“User-Provided Information”) and have the right to grant Synergy and its affiliates the license granted above. You represent and warrant that all of the information you provide to the Services does and will comply with these Terms of Use, and you agree to defend, indemnify, and hold harmless Synergy and its affiliates and licensors for any breach of that representation and warranty. You understand and acknowledge that you, not Synergy, have full responsibility for such information’s content, including its legality, reliability, accuracy, completeness, and appropriateness, including but not limited to information concerning any and all funds described on the Services. You agree that Synergy, its affiliates, and any of Synergy or its affiliates’ officers, directors, agents or employees are not responsible for the content or accuracy of any content posted by you or any other user of the Services. You further agree that any information you provide to the Services is governed by the terms of our Privacy Policy www.winlyapp.com.

 

b. In addition to the foregoing, all User-Provided Information must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User-Provided Information must not:

 

i. Contain any content which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

 

ii. Promote sexually explicit or pornographic content, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

 

iii. Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;

 

iv. Violate the legal rights (including the rights of publicity and privacy) of others or contain any content that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;

 

v. Be likely to deceive any person;

 

vi. Promote any illegal activity, or advocate, promote or assist any unlawful act;

 

vii. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

 

viii. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization;

 

ix. Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and

 

x. Give the impression that they emanate from us or any other person or entity, if this is not the case.

 

9. Monitoring and Enforcement.

 

a. Synergy has the right to:

 

i. Remove or refuse to post any User-Provided Information for any or no reason in our sole discretion;

 

ii. Take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion if we believe that such user contribution violates these Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Services and the public or could create liability for Synergy;

 

iii. Disclose your identity to any third party who claims that content posted by you violates their rights, including their intellectual property rights or their right to privacy;

 

iv. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and

 

v. Terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

 

b. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any content on or through the Services. YOU WAIVE ANY CLAIM AGAINST SYNERGY AND HOLD SYNERGY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SYNERGY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SYNERGY OR LAW ENFORCEMENT AUTHORITIES.

 

c. However, we cannot review all content before it is posted on the Services, and cannot ensure prompt removal of objectionable content after it has been posted. Synergy and its affiliates assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Synergy and its affiliates have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

 

Information About You and Your Use of the Services: All information Synergy collects through the Services is subject to our Privacy Policy www.winlyapp.com. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

 

10. Changes to the Services. We may update this website from time to time, but its content is not necessarily complete or up-to-date. Any of the content provided by the Services may be out of date at any given time, and Synergy is under no obligation to update such content. We may change, suspend access to, or terminate the Services at any time with or without notice at our sole discretion.

 

11. Linking to the Services.

 

a. You may link to Synergy Site or other pages owned or operated by Synergy, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

b. You must not establish a link from any website that is not owned by you.

 

c. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

12. Links from the Services. If the Services contain links to other websites and resources provided by third parties, these links are provided for your convenience only. Synergy has no control over the contents of those websites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

13. Geographic Restrictions. The Services are operated by Synergy from its offices within the State of New York in the United States of America. You may not use or export the Services’’ content in violation of applicable export laws and regulations. Services content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Synergy to any registration or other requirement within such jurisdiction or country. Synergy reserves the right to limit access or availability of the Services to any person, geographic region or jurisdiction.

 

14. Disclaimer of Warranties.

 

a. You understand that Synergy cannot and does not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful content that may infect your computer equipment, computer programs, data or other proprietary content due to your use of the Services or to your downloading of any content posted on the Services.

 

b. Your use of the Services and their content is at your own risk. The Services are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Synergy nor any person associated with Synergy makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Services. Without limiting the foregoing, neither Synergy nor anyone associated with Synergy represents or warrants that the Services or content thereon will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Services or the server making the Services available are free of viruses or other harmful components or that the Services will otherwise meet your needs or expectations.

 

c. Synergy hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

 

d. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

 

15. Limitation on Liability.

 

a. In no event will Synergy, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Services, any websites linked thereto, any content of the Services or content obtained or purchased through the Services, including any direct, indirect, special incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

b. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

 

16. Indemnification. To the fullest extent permitted by law, you shall indemnify Synergy and all of Synergy’s officers, employees, directors, owners, agents, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses and liabilities, including, without limitation, reasonable attorneys’ fees incurred by the Indemnified Parties in connection with any claim arising from or related to your breach of these Terms of Use, your use of the Services, any User-Provided Information, any misrepresentation or breach of representation or warranty made by you contained herein or any breach of any covenant or agreement to be performed by you hereunder. You shall cooperate as fully as reasonably required in the defense of any such claim.

 

17. Arbitration; Dispute Resolution.

 

a. Any controversy or claim arising out of or relating to these Terms of Use or of your use of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in New York City, in the State of New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

 

b. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or other proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

c. If you feel that Synergy is not abiding by its Terms of Use, you should first contact Synergy by email at info@synergybusinessonline.com.

 

18. Governing Law. These Terms of Use and all disputes or controversies arising out of or relating to these Terms of Use and your use of the Services shall be governed by, and construed in accordance with, the laws of the State of New York without regard to conflicts of laws provisions that would require the laws of another jurisdiction to apply.

 

19. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Services must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action or claim is permanently barred.

 

20. Waiver and Severability.

 

a. No waiver of these Terms of Use by Synergy shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Synergy to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

b. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

21. Entire Agreement. These Terms of Use, together with the Privacy Policy, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings between you and Synergy with respect to the subject matter hereof. However, in order to participate in certain of Synergy’s programs, you may enter into (or may have already entered into) other agreements with Synergy. To the degree that any of these agreements conflict in anyway with any of these Terms of Use, the terms of such agreement or agreements shall supersede these Terms of Use.

 

22. Your Comments and Concerns.

 

a. The Services are operated by Synergy.

 

b. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide Synergy’s Copyright Agent the following information in writing, as required by the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”):

 

i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;

 

iii. Identification of the content 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 Synergy to locate the content;

 

iv. Information reasonably sufficient to permit Synergy to contact you, including at least your name, address and telephone number.

 

v. A statement that you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

c. Our agent for notice of claims of copyright infringement on the Services can be reached as follows:

 

Synergy Business Development, Inc.

Attn: Copyright

1120 Avenue of the Americas

Suite 4195

New York, New York 10036

(917) 224-5057

 

d. All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@synergybusinessonline.com.

 

23. Last Updated: These terms were last updated on December 18, 2013.

 

Thank you for using the Services.

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