SYNERGISTIC MARKETING, LLC (“SMLLC”)
General Use Restrictions.
SMLLC provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including (but not limited to) content, logos, graphics, information and advice and images (together, the "Materials") are provided to you by SMLLC and are the copyrighted and/or trademarked work of SMLLC or SMLLC's business affiliates.
SMLLC grants you a limited, personal (non-commercial), non-exclusive and non- transferable license to use and to display and to make one copy of the Materials and to use the services on this Site solely for your personal use. Except for the license set forth in the preceding sentence above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner.
This limited license terminates automatically, with or without notice to you, if you breach any of these Terms or at SMLLC’s sole discretion. Upon termination of the limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site or any Materials.
Third Party Content.
The Site and all material published on the Site, including, but not limited to text, photographs, video, graphics, music, sounds, messages, comments, ratings, and other materials is owned by SMLLC or its business affiliates and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. As between you and SMLLC, SMLLC owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including SMLLC and its business affiliates. Users are prohibited from using any Marks without the written permission of SMLLC or such third party that may own the Marks. Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without SMLLC's prior written consent. You may download content for your personal, non-commercial use only as provided in these TERMS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
Links to Third Party Sites.
This Site may be linked to other sites that are not SMLLC sites. SMLLC is providing these links to you only as a convenience. Because SMLLC has no control over such sites and resources, you acknowledge and agree that SMLLC is not responsible for the availability of, or the content on, a part of or related to, such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that SMLLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to you or any third party to be caused by or in connection with use of or reliance on any such content, goods or services available on or through our site or any such other site or resource.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SMLLC MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT SMLLC DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES OR DEALING WITH OUR BUSINESS AFFILIATES
WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE OF THE SITE OR SERVICES, OR ANY CONTENT, FEATURES OR FUNCTIONALITIES RELATED THERETO IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE, SERVICES, FEATURES AND/OR FUNCTIONALITIES.
TO THE FULLEST EXTENT PERMITTED BY LAW, SMLLC DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
Submissions and unauthorized use of any Materials or Third Party Content contained on this Site may violate certain laws and regulations. You agree to indemnify and hold SMLLC and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) SMLLC or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site or the use of this Site by any person using your user name and/or password (including without limitation, your participation in the posting areas or, your Submissions) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
Product Movers and Product Movers Outsert are trademarks of Synergistic Marketing, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SMLLC,. All rights not expressly granted herein are reserved to SMLLC. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
WILL SMLLC OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF SMLLC HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of the warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Local Laws; Export Control.
SMLLC controls and operates this Site from its headquarters in the United States of America and the Materials, Submissions and/or Third Party Content may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the Site and the Services by our business affiliates. It is our policy to not permit materials known by us to infringe another party's copyright to remain on the Site or the Service. If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices and counter-notices should be sent to our designated agent as follows:
Synergistic Marketing, LLC
Attn: Copyright Officer
192 Lexington Avenue, Room 1202
New York, NY 10016
If you violate these Terms, SMLLC may terminate and/or suspend your access to this Site without notice. SMLLC prefers to advise you of your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by SMLLC, may result in immediate termination. New York state law and U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be exclusively heard in the courts located in New York County (State of New York). If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other Terms will be modified. SMLLC's failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and SMLLC and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SMLLC about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
These Terms are the entire agreement between you and SMLLC. They supersede any and all prior or contemporaneous agreements between you and SMLLC relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of SMLLC to partially or fully exercise any rights or the waiver of SMLLC of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by SMLLC or be deemed a waiver by SMLLC of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of SMLLC under these Terms and any other applicable agreement between you and SMLLC shall be cumulative, and the exercise of any such right or remedy shall not limit SMLLC's right to exercise any other right or remedy.