Terms of Service
Last Updated: July, 2020
Table of Contents
Acceptance of Terms
The following Terms of Service apply to www.syndiohealth.com, any mobile application, API, and similar or other tools as well as to any successor website, subdomain, subsite or mobile application (together, the “Site”) that are owned and operated by Syndio Inc. (“Syndio Health”). These Terms of Service also apply to any services provided by Syndio Health on or related to the Site (the “Services”). The Site also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (together with all information and material about Syndio and the Services, “Content”).
These Terms of Service govern your use of the Site and Services, regardless of whether or not you register as a user, create a profile, download an application or otherwise interact with the Site or Services.
By accessing or using the Site or Services, you agree to be bound by these Terms of Service. Certain areas of the Site and certain Services may require or permit certain users to register on the Site as a user, and additional terms of service may apply specifically to certain areas or functionalities of the Site.
Limited License and Site Access; All Rights Reserved
Subject to your compliance with these Terms of Service, Syndio Health hereby grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Syndio Health, which consent may be withheld in our sole and exclusive discretion (e.g., downloading of PDF forms, applications, etc.). This license does not include: any resale or commercial use of the Site, Services or Content; any derivative use of the Site, Services or Content; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Syndio Health, which may be withheld in its sole and exclusive discretion. You may not frame or utilize framing techniques to enclose any Content including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Syndio Health without Syndio Health’s express written consent, which may be withheld in its sole and exclusive discretion. You may not manipulate or otherwise display the Site by using framing, mirroring or similar navigational technology or directly link to any portion of the Websites other than the main homepage, www.syndiohealth.com. Syndio Health (or the respective third party owners of Content) retain all right, title, and interest in the Site and any Content, features and Services offered on the Site, including any and all intellectual property rights. Any software applications available on or through the Site are licensed, not sold, to you. Syndio Health may assign these Terms of Service or any part of them without restrictions. You may not assign these Terms of Service or any part of them, nor transfer or sub-license your rights under this License, to any third party. Syndio Health (or the respective third party owners of Content) reserves all rights not expressly granted to you. Any unauthorized use terminates the permission or license granted by Syndio Health.
Children under the age of 13 are prohibited from registering as users. By registering as a user you represent that you are age 13 or older.
This Site Does Not Provide Medical Advice
The Site is an information and sharing web site and neither the Site nor the Services are a substitute for professional medical advice or treatment.
Syndio Health does not provide any medical or pharmaceutical advice or services through the Site or Services. The Site and Services are intended solely to assist you in making independent decisions with your medical provider. You understand that the Company is not liable for any prescribing, diagnosis, treatment, or other decisions you may make. All of the Content provided on the Site, such as text, treatments, health experiences, reviews, questions, answers, comments, discussion, resources, dosages, outcomes, patient profiles, graphics, photographs, images, advice, messages, forum postings, and any other material provided on the Site are for informational purposes only and are not a substitute for professional medical advice or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health before trying any treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Syndio Health does not recommend or endorse any specific tests, physicians, products, treatments, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Syndio Health, by persons appearing on the Site at the invitation of Syndio Health, or by other users of the Site or Services is solely at your own risk.
Acceptable and Lawful Use of Site
Users of the Site or Services (each, a “User”) may not post or upload any information or other content on the Site that (a) is false, inaccurate or misleading; (b) is obscene or indecent; (c) infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any party, or that the User does not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships; or (d) is defamatory, libelous, threatening, abusive, hateful, or contains pornography.
Users shall not interfere with other Users’ use and enjoyment of the Site and Services (for example, by harassing, threatening, soliciting, overtly promoting personal interests, or stalking another participant of a chat room, forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity). Users may not use the Site or Services to conduct any activity that is illegal or violates the rights of others, provide instructional information about illegal activities, or promote physical harm or injury against any group or individual.
You represent and warrant that the information you provide when registering as a User, and all information that you subsequently provide regarding yourself and your use of the Site and/or Services, is true and accurate and not misleading and will not include creation of a false identity or impersonation of any person or entity.
No Interference with Operation of Site
You may not use any robot, spider, scraper, or other automated means to access the Site or content or services provided on the Site for any purposes. You may not post content on the Site that contains any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You shall not attempt to make the Site or Services unavailable through denial-of-service attacks or similar means. You shall not use contact information provided by Users, or collect information about our Users, to facilitate the sending of unsolicited bulk communications such as SPAM or SPIM or allow others use of your account to take such actions or upload or transmit any unsolicited advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes” or any other form of solicitation, commercial or otherwise. In addition, you may not: delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature of the Site; use the Sites’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); violate any applicable local, state, national or international law; delete or revise any material posted by any other person or entity; probe, scan, test the vulnerability of or breach the authentication measures of, the Site or any related networks or systems; or register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Site or any Services or any contests, promotions or sweepstakes if you are not expressly authorized by such party to do so.
Site for Non-Commercial User Only
The Site content is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Site without express consent from Syndio Health. Users of Syndio Health with individual commercial interests may not solicit or overtly promote their products or services within the Site.
Posting and Use of Content
You agree not to disclose to any person or entity personally identifiable information about other Users that you encounter while using this Site or Services without the express consent of such User. Any disclosure of information, even of a general nature that could not identify the User who provided such information or whom such information is about, to third parties outside this Site is at your own risk and remains subject to the restrictions of this Terms of Service including, without limitation, restrictions on non-commercial use.
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission or other Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written 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.
If a User Submission that you submitted has been removed as a result of a notification as described above and you believe that such a User Submission or portion of a User Submission was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the User Submission content at issue.
Syndio Health’s designated Copyright Agent for notice of claims of infringement is:
515 Pinchon Place
Alpharetta, GA 30022 USA
Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Syndio Health at email@example.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.
In order to access certain Content or features of the Sites or Services, you may be required to register with Syndio Health and create an account. You must not use domain names or web URLs in your username. Your account may give you access to certain portions of the Site and/or functionality that Syndio Health may establish and maintain from time to time in its sole discretion. By providing Syndio Health your email address, you consent to our using the email address to send you notices related to the Site, Content and Services, including any notices required by law, in lieu of communication by postal mail. We also may use your email address to send you other messages, such as changes to features of the Site or Services and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your user profile. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You may control your user profile and how you interact with the Site by changing the settings in your Account Page.
You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. Syndio Health prohibits the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to Syndio Health, upon registration and at all other times, will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
Membership Password and Login Identity
You are responsible for maintaining the confidentiality of your member password and login and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you provide your login and password information to another person, your membership privileges may be suspended temporarily or terminated. You agree to immediately notify Syndio Health of any unauthorized use of your membership password or login or any other breach of security. Syndio Health is not responsible for any theft or inappropriate use of a User Account.
Links to Other Websites
The Site may contain hyperlinks to other websites that are not under the control of Syndio Health. Such hyperlinks are provided only for ready reference and ease of use. We do not control such websites and the inclusion of any link does not imply endorsement by Syndio Health of such site. Syndio Health is not responsible for the content or accuracy of such linked sites. In the event the Site provides hyperlinks to other websites that are not owned, operated or maintained by Syndio Health, you acknowledge and agree that Syndio Health is not responsible for and is not liable for the content, products, services or other materials on or available from such websites. We accept no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action you may take as a result of linking to any such website. Any such websites are likely to set forth specific terms of service and privacy policies that you should review. Syndio Health is under no obligation to maintain any link on the Site and may remove a link at any time in its sole discretion for any reason whatsoever. Syndio Health is not responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Syndio Health is not responsible for the privacy practices of any other websites.
You agree that Syndio Health may, with or without cause, immediately terminate your Syndio Health account or limit or terminate your access to the Site as a User without prior notice. Without limiting the foregoing, the following may lead to a termination by Syndio Health of a User's membership and use of the Site: (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Syndio Health has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Modifications to this Agreement
We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes, which will have an update effective date.
Disclaimer of Warranties
Content and other information contained on the Site have been prepared by Syndio Health as a convenience to its Users and is not intended to constitute advice or recommendations upon which a User may rely.
Syndio Health has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to the Site. Users relying on Content or other information from the Site do so at their own risk. Should you purchase a product or Service from Syndio Health or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of the Site does not affect that purchase in any manner.
THE SITE, CONTENT AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. SYNDIO HEALTH DOES NOT MAKE AND DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, TIMELY, ACCURATE OR ERROR-FREE OPERATION, OR FREEDOM FROM COMPUTER VIRUS OR MALICIOUS CODE WITH REGARD TO THE SITE, THE CONTENT, THE SERVICES OR ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. SYNDIO HEALTH DOES NOT WARRANT THAT ACCESS TO THE SITE OR ITS CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
The advice, recommendations, information, and conclusions posted or emailed by other Users of the Site are not in any way vetted, approved or endorsed by Syndio Health, and you use such information at your own risk.
Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL SYNDIO HEALTH, ITS CURRENT AND FUTURE PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, DIRECTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RELATED TO: (A) THE SITE, SERVICES OR CONTENT; (B) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE, SERVICES OR CONTENT; (C) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (D) ANY ERRORS OR OMISSIONS IN THE SITES’ OPERATION; OR (E) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF SYNDIO HEALTH HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE SITE, SERVICES OR CONTENT, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SYNDIO HEALTH AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SITE OR SERVICES.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS OF SERVICE.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold harmless Syndio Health, its officers, employees, agents, subsidiaries, affiliates and other partners, from and against any claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, the Site, your use of the Site, the Services, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms of Service.
If you register as a User, you agree that Syndio Health may send notices to you by email at the email address you provide when registering to become a member (or which you later update using the functionality of the Site).
Governing Law and Venue
These Terms of Service shall be governed by the laws of the State of Georgia and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Site or Services, shall be litigated exclusively in the state and federal courts residing in Illinois, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Georgia.
Syndio Health® and the Syndio Health logo are trademarks of Syndio Health. You agree not to display or use these trademarks in any manner without Syndio Health's prior, written permission.
Syndio Health may assign this agreement at any time to any third party or affiliate including, without limitation, to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all or any of its assets.
You may not assign or transfer these Terms of Service.
If any provision of these Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, let us know by contacting us at:
515 Pinchon Place
Alpharetta, GA 30022 USA
Contact Us: firstname.lastname@example.org
Syndio Health is an information and sharing web site and the information found here is NOT a substitute for professional medical advice or treatment.
Copyright © 2020. All rights reserved.