Symphosize Internet Site Terms of Service
Welcome to the Symphosize Internet site (the “Site”, “Service”). These Terms of Service together with Symphosize LLC.’s Privacy Statement (collectively the “Terms”) govern your use of this Site. Symphosize may change the Terms of Service from time to time. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site. Symphosize reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it, after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with Symphosize or third parties.
License and Site Access. Symphosize grants you a limited license to access and make personal use of the Site. You may not download (other than page caching), or modify any portion of it, except with the express written or e-mailed consent of Symphosize. The license to use the Site does not include any resale or commercial use of the Site or its contents; or any derivative use of this Site or its contents; or any use of data mining, robots or similar data gathering and extraction tools or processes. You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on this site for any commercial purpose. By using the Site, you warrant to Symphosize that you will not use the Site, or any of the content obtained from the Site, for any purpose that is unlawful or prohibited by these Terms. Symphosize does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. If you violate any of these Terms, your permission to use the Site automatically terminates.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Symphosize has the right to terminate your account and refuse any and all current or future use of the Site. You agree not to resell or transfer the Site or use of or access to the Site.
Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. You are responsible for providing, at your expense, any access to the Internet and any required equipment.
Conduct. By using the Site you agree that you will not do any of the following: Restrict or inhibit any other user from using and enjoying the Site; or post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Symphosize) or engage in spamming or flooding; or post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
Symphosize has no obligation to monitor the Site. However, you acknowledge and agree that Symphosize has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Symphosize will not intentionally monitor or disclose any private electronic-mail message unless required by law. Symphosize reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms of Service.
Feedback. Symphosize may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its software and services (“Feedback”). You agree that Symphosize may, in its sole discretion, use the Feedback you provide to Symphosize in any way, including in future modifications of the Site, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant Symphosize a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner and for any purpose.
Third Party Services. In connection with your use of the Site, you may be made aware of services, products, offers and promotions provided by third parties, and not by Symphosize. If you decide to use Third Party Services, you are responsible for reviewing and understanding the terms and conditions governing any Third Party Services. You agree that the third party, and not Symphosize, is responsible for the performance of the Third Party Services.
Third Party Web Sites. The Site may contain or reference links to Web sites operated by third party (“Third Party Websites”). These links are provided as a convenience only. Such Third Party Websites are not under the control of Symphosize. Symphosize is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. Symphosize does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Websites, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Symphosize of any information contained in any Third Party Website. In no event will Symphosize be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at Licensee’s own risk, and Licensee acknowledges and understands that linked Third Party Websites may contain terms and privacy policies that are different from those of Symphosize. Symphosize is not responsible for such provisions, and expressly disclaims any liability for them.
Disclaimer of Warranties. Your use of the Site, including any applets, software, and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYMPHOSIZE, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. SYMPHOSIZE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. SYMPHOSIZE DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. SYMPHOSIZE IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT POSTED ON OR LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT.
Limitation of Liability. THE ENTIRE CUMULATIVE LIABILITY OF SYMPHOSIZE AND ITS SUPPLIERS FOR ALL MATTERS ARISING FROM OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM SYMPHOSIZE, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SYMPHOSIZE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF SYMPHOSIZE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SYMPHOSIZE AND YOU. SYMPHOSIZE WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS.
Banking, Billing or Other Online Services. Access to Online Banking, Online Payment, and any other services available through the Internet and selected Symphosize products (the “Online Service”) is provided by your financial institution and not Symphosize. You agree not to hold Symphosize liable for any loss or damage of any sort incurred as a result of any such dealings with any services provided by your financial institution. Your access may be limited from time to time, depending on the service provided by your Internet service provider or your financial institution. You may be billed for these Online Services by your financial institution, not Symphosize, and such financial institution may have its own service agreement which will govern the Online Services it provides. You agree to be responsible for all telephone charges associated with your Internet and online service usage.
Termination and Amendment. Your privilege to use or access the Site may be terminated by Symphosize immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that Symphosize reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Site. You understand that Symphosize may exercise this right in its sole discretion.
Symphosize reserves the right, in its sole discretion, at any time and from time to time to change, modify or discontinue, temporarily or permanently, the Site (or any part thereof). Symphosize shall not be liable to you or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
You agree to defend, indemnify and hold Symphosize and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or the placement or transmission of any message, information, software or other materials through the Service by you or users of your account or related to any violation of these Terms by you or users of your account.
Miscellaneous. Except as expressly set forth in these Terms, these Terms of Service are a complete statement of the agreement between you and Symphosize, and set forth the entire liability of Symphosize and its Suppliers and your exclusive remedy with respect to your access and use of the Site. In the event of a conflict between these Terms of Service and the Privacy Policy, these Terms of Service shall prevail. The Suppliers, agents, distributors, dealers, and employees of Symphosize are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on Symphosize. Any waiver of the terms herein by Symphosize must be in a writing signed by an authorized officer of Symphosize and expressly referencing the applicable provisions of the Terms. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Arizona law as applied to agreements entered into and to be performed entirely within Arizona, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Maricopa County, Arizona or federal court for the Arizona. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Symphosize may have under trade secret, copyright, patent or other laws.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Symphosize Privacy Statement
At Symphosize, we value our relationship with you and place great importance on respecting and protecting your privacy. We want you to feel comfortable and confident when using our products and services and with entrusting your personal, company and financial information to us.
Information we collect
Protecting your Information
Symphosize strives to protect your personal information from loss, misuse, or unauthorized alteration by using industry-recognized security safeguards, coupled with carefully developed security procedures and practices. We maintain physical, electronic and procedural safeguards that comply with applicable laws and federal standards. Your sensitive information, such as credit card information, is encrypted when it is transmitted to us. Our employees are trained and required to safeguard your information.
Uses
How to Contact Us
If you have questions or concerns about Symphosize’s collection, use, or disclosure of your personal information, please contact the Privacy Team
Or write to us at:Privacy TeamSymphosize, LLCprivacy{at}symphosize.com
Intellectual Property Notice
Trademark Information
Symphosize and ResponsiBid, among others, are common law trademarks and/or service marks of Symphosize, LLC, (“Symphosize”) in the United States. Symphosize reserves all rights with respect to its trademarks, service marks, logos, trade names, trade dress and other indicia (“Marks”). Symphosize does not routinely accept or review specific requests for guidance on the use of its Marks. Any unauthorized use of any Symphosize-owned Mark, or any use of a mark that is confusingly similar to, or likely to cause confusion with, a Symphosize-owned Mark, would constitute infringement of Symphosize’s exclusive trademark rights.
This document does NOT constitute any form of license to use any Symphosize-owned Mark. No Symphosize employee is authorized to provide guidance on the use of Symphosize-owned Marks, nor to give permission to use any Symphosize-owned Mark, except by formal written license agreement published by Symphosize or signed by an authorized officer. Any promise, agreement, guidance or other representation by any Symphosize employee (other than by a formal license as described herein) is invalid and cannot be relied upon. If you have questions about the laws surrounding the use of Symphosize’s Marks, or any other parties’ marks, you should consult a qualified attorney.
Copyright Information
Symphosize’s products, services, Web content and related materials (collectively, “Offerings”) are owned by Symphosize, and all rights in such Offerings are reserved by Symphosize. For information regarding permission to use screen displays and other content, please contact [Insert general email to contact].
Symphosize does not distribute its software on CD. If you are offered our product for sale on a CD, it should be considered software piracy and you should notify Symphosize immediately. [Insert general email to contact].
Persons who believe that their copyrights have been infringed via Symphosize sites may notify Symphosize’s Designated Agent. All notices must comply with the requirements of U.S. Copyright Act Section 512(d) and regulations promulgated thereunder, each as amended. Such notices not complying with these requirements will be returned unprocessed. No other notices of any type, including requests for information, purchase or technical support questions, notices of infringement of third-party trademark or patent rights, employment inquiries, press inquiries, or investor inquiries, will be read or answered under this Agent and Agent Address.
Designated Agent and Address of Agent:
Attn: Legal Department
Symphosize LLC.
951 W Fruit Tree Ln
San Tan Valley, AZ 85143
707-968-7764
legal{at}symphosize.com
RESPONSIBID™ TERMS OF SERVICE
This Agreement describes the terms governing your use of the ResponsiBid™ online services provided to you on this website, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Symphosize reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Symphosize grants to you a personal, limited, nonexclusive, nontransferable right (except as expressly stated herein) to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Symphosize on the website for the Services.
2.2 You agree not to use the Services or content on this website in a manner that violates any applicable law, regulation or this Agreement. For example, unless authorized by Symphosize in writing, you agree you will not:
If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Symphosize in its sole discretion.
(1) A valid credit card acceptable to Symphosize;
(2) A valid debit card acceptable to Symphosize;
(3) Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
(4) By another payment option Symphosize provides to you in writing.
6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Symphosize a worldwide, royalty-free, non-exclusive license to host and use the Content to provide you with the Services. You agree to not use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Symphosize is not responsible for the Content or data you submit on the website.
You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
6.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Symphosize does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Symphosize is not responsible.
6.3 Symphosize may freely use feedback you provide. You agree that Symphosize may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Symphosize a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Symphosize in any way.
6.4 Symphosize may monitor your content from time to time. Symphosize may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Symphozie or its customers, or operate the Services properly. Symphosize, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6.5 Symphosize may lock your automations. If the system's algorithms determine that you are improperly using the automations as was intended, your follow-up automations could be locked and all automations stopped until a conversation with a Symphosize representative is had to resolve the scenario.
7.1 Symphosize does not give professional advice. Symphosize is not in the business of providing legal, financial, accounting, health care, real estate, business or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Symphosize services. You may be offered other services, features, products, applications, online communities, or promotions provided by Symphosize (“Symphosize Services”). If you decide to use any of these Smphosize Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Smphosize Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Symphosize permission to use information about your business and experience to help us to provide the Symphosize Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Symphosize may provide to you in the future. You grant Symphosize permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market or promote new Symphosize offerings to you and others. You also grant Symphosize permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Symphosize Privacy Statement, you may be offered products or services by third parties who are not affiliated with Symphosize (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”) and you agree that Symphosize can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Symphosize are responsible for their product’s performance and the content on their websites. Symphosize is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.4 Communications choices. Symphosize may be required by law to send you communications about the Services or Third Party Products. You agree that Symphosize may send these communications to you via email or by posting them on one of our website. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided to review your communications choices.
7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Symphosize as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Symphosize, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. Symphosize AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 SYMPHOSIZE AND ITS SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
You agree to indemnify and hold Symphosize and its Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Symphosize reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Symphosize in the defense of any Claims.
Your use of the Services provided by Symphosize are subject to the General Terms of Service above including these Additional Terms and Conditions which govern your use of the Services indicated below. These Additional Terms and Conditions shall prevail over any conflict or inconsistency with the General Terms of Service above.
ResponsiBidTM Supplemental Agreement and Terms of Services
Thank you for selecting ResponsiBidTM online software (the “Software”). This license agreement in addition to the Symphosize Terms of Service (the “Agreement”) is a legal agreement between the User, a single legal entity identified in the registration process provided as part of the start-up interview (“User”, “you”), and Symphosize LLC (“Symphosize,” “we”, “our” or “us”).
By clicking “ACCEPT”, User indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the “ACCEPT” button is an individual working for User (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of User and certifies that he/she is an Agent of User and has all necessary authority to act on your behalf, including to bind User to the terms and conditions of this Agreement.
If User does not agree to the terms of the Agreement, User is not granted any rights whatsoever in the Software. If User is not willing to be bound by these terms and conditions, User should not click on the “ACCEPT” button, and may not access or otherwise use the Software or Services.
1.1 Termination by User. User may notify Symphosize to cancel the subscription prior to the beginning of each Renewal Term. Your rights to use the Software may be terminated by Symphosize immediately and without notice if Symphosize is unable to debit your or its agent’s Card in accordance with this Agreement.
1.2 Transfer of Agreement. The agreement can be transferred to another person or entity only if such license has not been activated. Once validated, and a company is created, the Software will not work by another entity. Even if you stop using the Software, Symphosize has fulfilled your subscription term.
January 2019