This Site is controlled, operated and administered by Synchrony and its Service Providers from various facilities in the United States of America. These Terms are provided in accordance with and subject to applicable U.S. law. If you access the Site from a location outside the United States, these Terms and your use of the Site are subject to applicable U.S. law only; if you do not agree, you may not enter the Site.
NOTE: CERTAIN PORTIONS OF THE SITE ARE PASSWORD PROTECTED AND INTENDED FOR AUTHORIZED AND APPROVED MEMBERS ONLY. There may be times when we offer a special feature that has its own terms and conditions that apply in addition these Terms. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms. The handling of personal information is subject to the Site's Privacy Statement, which is incorporated as an integral part of these Terms.
SUMMARY OF KEY POINTS
You should read all of these Terms and also the Site’s Privacy Statement, but here are some key points we want to draw to your attention:
- You grant Synchrony a broad license to use the content that you submit through the Site. See the CONTENT YOU SUBMIT section below.
- You agree to indemnify Synchrony for claims arising from your breach of this Agreement or arising from the content you submit through the Site, among other types of claims. See the INDEMNIFICIATION section below.
- YOU AGREE TO ARBITRATE DISPUTES RATHER THAN GOING TO COURT AND YOU WAIVE ANY RIGHT TO PROCEED ON A CLASS BASIS. See the ARBITRATION section below.
- Your use of the Site is AS IS, without warranty and will result in no liability to us. See the DISLAIMER OF WARRANTIES and LIMITATION OF LIABILITY sections below.
The Site or portions of the Site may require registration or may otherwise ask or require you to provide information to participate. When you choose to provide information to the Site, you agree to provide only true, accurate, current and complete information. Once you log in to the Site using your username and password, you will have a profile. You understand that your profile information may be partially comprised of information Synchrony already has about you or your employer. However, you agree to keep all information in your profile current and complete. Synchrony or other members of the Site may have selected you for membership in one or more communities or groups that they believe may interest you. If you do not wish to be a part of a pre-selected group, you may leave at any time.
Your invitation to participate in the Site (including any closed portions) is personal and non-transferable. If you register with us, you agree to be responsible for any activities that occur under your account or password, and you agree you will not sell or otherwise transfer your membership or any membership rights, and you hereby release Synchrony from any and all liability that may arise in connection with your use of the Site. You may not disclose your password to any other person. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portions of the Site. You will notify Synchrony if your member name or password has been lost, stolen, or used by another person. Your membership in, and access to, the Site is strictly at the discretion of Synchrony and may be revoked at any time without cause and without notice.
Even though the Site is member only and password protected, no portion of the Site should be deemed a confidential community. Therefore, do not post or otherwise make available anything you would not want others to see in public. Also, note that other members of the Site can follow, communicate or connect with you once you start using the Site, so your profile and what you say and what you post will be disclosed to others and we have no control over how other users of the Site will use the information you post or otherwise make available on the Site.
OWNERSHIP OF CONTENT
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including past, present and future versions, content available for download, domain names, source and object code and the “look and feel” of the Site ("Site Content") are owned, controlled or licensed by Synchrony, its subsidiaries or affiliates, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. In addition, all materials supplied by a Site Expert either directly on the Site or in a communication directly with a user, whether by email, telephone, in person, or another form of communication, are also owned, controlled or licensed by Synchrony, its subsidiaries or affiliates, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. Materials available on and through the Site from a third party, are owned, controlled or licensed by the party supplying the materials and are not under the control of Synchrony, its subsidiaries or affiliates. Synchrony, its subsidiaries and affiliates do not review or monitor materials supplied by third parties for any reason, including but not limited to accuracy.
The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Synchrony, unless and except as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.
YOUR LICENSE TO USE SITE CONTENT ON OUR SITE
With respect to Site Content, you agree to: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Site Content; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Site or reverse engineer, modify or attempt to discover any source code associated with the Site. You also agree that you will not, including by using any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage).
Subject to your compliance with these Terms, if you are an authorized member of the Site, Synchrony grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to access, download and view a single copy of the Site Content available via the password protected portions of the Site.
CONTENT YOU SUBMIT
The Site may provide you the opportunity to post content within the community groups. The content you choose to post or disseminate to a group, or to the Site in general or to Synchrony is referred to in these Terms as "User Content". Your User Content may be available for all other users to view and download, so use caution in what you post or otherwise make available on the Site. Questions that you submit to a group and interactions that you have directly within a group will be available for other users to view and download.
Except as otherwise described in the Site’s Privacy Statement or other agreement on the Site, you remain the owner of your User Content, but you acknowledge that Synchrony must have a license from you in order to accept your User Content. Accordingly, you grant to Synchrony an unrestricted, worldwide, irrevocable, perpetual, transferable and royalty-free license (but not obligation) to host, use, copy, distribute, display, perform, modify, translate, store or otherwise exploit all or any portion of your User Content for any purpose whatsoever (including to provide the Site and its services) in all formats, on or through any media, technology or device now known or hereafter developed. You further perpetually and irrevocably grant Synchrony the unconditional right to use, disseminate and display your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or payment to you. You agree that this license permits Synchrony to continue to use, disseminate and display your User Content along with your name even after you are no longer a user of the Site and even if you request that your User Content be removed from the Site.
You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant Synchrony the license above. Upon Synchrony’s request, you will furnish Synchrony any documentation, substantiation or releases necessary to verify your compliance with these Terms.
You authorize Synchrony to publish your User Content in a searchable format that may be accessed by users of the Site. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. You also acknowledge that the Internet may be subject to breaches of security and you are aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to Synchrony, a community group or the Site.
You also understand and acknowledge that: (a) Synchrony and its parent, subsidiary and affiliate companies have wide access to ideas and other materials and that many ideas may be similar or identical to your submission (your User Content) and/or each other; (b) you will not be entitled to any compensation as a result of Synchrony’s use of any such similar or identical material; and (c) Synchrony does not now and will not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of your copyright in and to your User Content. The Site is not the place to send Synchrony any unsolicited idea submissions or other intellectual property for Synchrony’s consideration.
You agree that Synchrony has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its rights to use your User Content. You further acknowledge and agree that Synchrony will not have any obligation to you with regard to User Content and that Synchrony may or may not monitor, display or accept your User Content and may delete it at any time and you may have no right to access or control any User Content that you provide once you provide it. If you submitted content you wish to be deleted from the Site, you can email us at firstname.lastname@example.org and we will consider your request. Your submission of a request does not obligate Synchrony to delete the content.
USER INTERACTIONS AND DISPUTES
You are solely responsible for your interaction with other users of the Site, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor the Site and take action associated with any inappropriate conduct or disputes (e.g., revoking membership). Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.
ACCEPTABLE USE POLICY: COMMUNITY USAGE RULES
When you contribute, upload or otherwise provide User Content to the Site, send messages to Synchrony or other users of the Site, or submit a question to or interact with the group, you agree to comply with the following rules ("Rules"):
- No Illegal Content. You must steer clear of posting information or discussing matters that are or would be illegal, including any matters that would violate securities or antitrust laws. For example, you must not discuss pricing or post any recommendations about investments. If someone could go to jail for taking action suggested by your User Content, don't upload or post it.
- User Content must be yours. All User Content must be original with you, not copied from someone else's work, and you must have all rights in the User Content; OR, all persons or companies who contributed in any way or have any rights to your User Content or otherwise appear in the User Content have given you permission to upload and distribute the User Content on the Site and elsewhere. Do not use any content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the Internet.
- Don’t share any trade secrets or confidential information. We hope that you will use the Community Forums to exchange information and content and have discussions with other members. However, this site is not the place for confidential or proprietary information, so do not post that type of information. The Community Forums are public forums and User Content that you post on the Community will be accessible and viewable by other users. So think twice before you post.
- No pictures, videos or images that do not contain you. If you choose to upload a photo or video to the Site, make sure they contain you. Any photos or videos must be appropriate for this Site and must not depict anyone or any entity in an unflattering manner.
- Don't share other people's personal information. Your User Content may not reveal another person's address, phone number, e-mail address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
- Do not use the Site for a commercial purpose. Your User Content may not advertise or promote a product or service. You may not use your User Content to raise money for anyone or for a pyramid or other multi-tiered marketing scheme. You agree that you will not monetize any portion of the Site.
- No Endorsements. The Site is not the place to endorse another person or company or product or to solicit an endorsement.
- No Charitable Solicitations. The Site is not the place to advertise charitable activity or solicit funds or pledges in connection with any charity, fundraiser or other charitable purpose.
- No Job Solicitation or Postings. You may not announce job openings or look for a new job via the Site.
- No Promotions. You must not offer your own promotions, sweepstakes, contests, etc. on the Site without Synchrony’s prior written permission, which may be withheld for any reason.
- No Complaints or Griping. The Site is not the place for complaining about your company, Synchrony, another company or another person. The Site is also not the place to discuss errors in services or orders. Direct any such complaints off of the Site directly to the relevant company or person.
- No violence. Your User Content may not promote violence or describe how to perform a violent act.
- Be honest and do not misrepresent yourself. Do not impersonate any other person, user or company or misrepresent your identity or affiliation with a person or company. Do not imply or state, directly or indirectly, that you are affiliated with or endorsed by Synchrony or any of its parent, affiliate or subsidiary companies.
- Keep it relevant. Your User Content should relate to the content on the Site and should be intended to add to the discussion and community on the Site - it should not include irrelevant topics or postings (this is not the place to discuss politics, religion, or private matters).
- Please follow codes of social decency. Express yourself with non-offensive individual self-expression. Be respectful of others' opinions and comments so we can continue to build a community for all members to enjoy. If you think your User Content might offend someone, chances are it probably will and it doesn't belong on the Site. Cursing, flaming, harassing, stalking, posting insulting comments, personal attacks, gossip or similar actions are prohibited. Your User Content may not threaten, abuse or harm others. Your User Content may not include any negative comments that are connected to race, national origin, gender, sexual preference or physical handicap or that are defamatory, slanderous, indecent, obscene, pornographic or sexually explicit.
- No Personal Relationships. The Site and all Site features are for business purposes only. This is not a dating site.
- Don't damage the Site or anyone's computers. User Content may not knowingly contain viruses, Trojan horses, spyware or any other technologies that could impact the operation of the Site or any computer system.
You must not and agree not to (a) interfere with or disrupt the Site or any Site servers or networks; or (b) intentionally or unintentionally violate any applicable local, state, national or international law, including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange of any nation, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
Community groups may be created within the community section of the Site that are dedicated to specific topics. Unless otherwise stated on the site or by Synchrony, all groups created by members of the Site must be approved by Synchrony before they “go live” on the Site, which approval process will require, at a minimum, a submission to the Site via the community group request feature describing the proposed name and purpose of the community group. Some community groups will be created by Synchrony. Once a group is created and is live, it can only be removed by Synchrony, at its sole discretion. If the creator of a community group is no longer a member of the Site for any reason, the community group will remain live unless taken down by Synchrony (in its sole discretion). No member has any right to require Synchrony to allow a community group to go live or to require a community group to be taken down.
If you have a complaint about a community group or a member, please contact email@example.com. If you are a Site user and decide you want to leave a particular community group, you can click on the “leave” button at any time.
REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS
You may not use the Site for any purpose or in any manner that infringes the rights of any third party. Synchrony encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), Synchrony has a designated agent for receiving notices of copyright infringement and Synchrony follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Synchrony's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright 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; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d)information reasonably sufficient to permit us to contact the complaining party; (e) 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 (f) 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.
If you believe that any content on the Site violates your rights other than copyrights, please provide Synchrony with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c)an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.
Please send your notice of claims of copyright infringement on or regarding the Site or other complaint regarding alleged violation of rights to Synchrony at firstname.lastname@example.org.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Synchrony will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement.
The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.
There may be links from the Site, or from communications you receive from the Site, to third party web sites or online features. The Site also may include third party content that we do not control, maintain or endorse. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND THROUGH THE SITE INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
Synchrony grants you the revocable permission to link to publicly available (i.e., non-password protected) portions of the Site; provided, however, that any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Synchrony or the Site is endorsing or sponsoring it or its products, unless Synchrony has given it prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Synchrony's sole opinion, harm Synchrony or its products or services; (d) must not use any Synchrony trademarks without the prior written permission from Synchrony; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Synchrony's sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements.
Notwithstanding anything to the contrary contained in these Terms Synchrony reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT AND ANY AND ALL INFORMATION PROVIDED THROUGH SITE EXPERTS, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SYNCHRONY NOR ANY OF ITS PARENT, SUBSIDIARY COMPANIES, AFFILIATES, SUPPLIERS OR LICENSORS NOR THEIR EMPLOYEES, MANAGERS, OFFICERS, AGENTS AND VENDORS (COLLECTIVELY, THE " SYNCHRONY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT; (C) USER CONTENT; AND/OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SYNCHRONY OR VIA THE SITE. IN ADDITION, THE SYNCHRONY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SYNCHRONY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE, INFORMATION PROVIDED BY THE SITE, AND INFORMATION PROVIDED BY SITE EXPERTS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SYNCHRONY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE AND PROVIDED BY SITE EXPERTS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SYNCHRONY PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SYNCHRONY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
THE SYNCHRONY PARTIES DO NOT ENDORSE USER CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.
LIMITATION OF LIABILITY; WAIVER
UNDER NO CIRCUMSTANCES WILL THE SYNCHRONY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE SITE CONTENT, INCLUDING INFORMATION PROVIDED BY SITE EXPERTS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Synchrony PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITE'S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SYNCHRONY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE). IN NO EVENT WILL THE SYNCHRONY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SYNCHRONY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SYNCHRONY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE SYNCHRONY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE SYNCHRONY PARTIES.
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."
You agree to indemnify, defend (if requested by Synchrony) and hold the Synchrony Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the Synchrony Parties' use of your information as permitted under these Terms, the Privacy Statement, or any other written agreement between you and Synchrony. You will cooperate as fully required by the Synchrony Parties in the defense of any claim. The Synchrony Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Synchrony Parties.
Synchrony reserves the right to terminate your access to and use of the Site (or any portion of the Site) in its sole discretion, without notice and liability, including, without limitation, if Synchrony believes your conduct fails to conform with these Terms. Synchrony also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Site or Synchrony. Any violation of these Terms may be referred to law enforcement authorities.
You may terminate this Agreement or membership in the Site, for any or no reason, at any time, by sending an email to email@example.com
If your access to the Site is terminated, cancelled or otherwise ends: (i) we will remove your profile from the Site; and (ii) we may, in our sole discretion, remove and discard any of Your User Content, but we will have no obligation to do so and public posts made by you on the Site and Community groups created by you on the Site may remain on the Site in perpetuity. If you submitted content you wish to be deleted from the Site, you can email us at firstname.lastname@example.org and we will consider your request. Your submission of a request does not obligate Synchrony to delete the content.
Termination, suspension, or cancellation of these Terms or your access to the Site will not affect any right or relief to which Synchrony may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will automatically terminate and immediately revert to Synchrony and its licensors.
LOCATION OF SITE AND TERRITORIAL RESTRICTIONS
The information provided on the Site 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 Synchrony to any registration requirement within such jurisdiction or country. Synchrony makes no representations or warranties that the information, products or services contained on the Site are appropriate for use or access outside of the United States. Anyone using or accessing the Site from other locations does so on their own initiative and is responsible for compliance with United States' and local laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.
Software related to or made available by this Site may be subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
These Terms shall be governed by and construed in accordance with the laws of the State of New York in the United States without giving effect to any principles of conflicts of law. Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods. Except to the extent expressly provided in the following paragraph, you hereby agree that any disputes arising under or in connection with these Terms or the Site shall be submitted for resolution to federal and state courts in New York County in the State of New York, and you hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.
YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SYNCHRONY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. All claims arising under or relating to this Agreement or the Service must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. All disputes arising under or relating to these Terms shall be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). Neither you nor Synchrony will participate in a class action or class-wide arbitration for any claims covered by these Terms. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in the County of New York in the State of New York. The arbitrator's decision shall be based upon the laws of the State of New York, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in New York County in the State of New York shall have such jurisdiction. The foregoing shall not preclude Synchrony or its suppliers and licensors from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
THE SITE DOES NOT PROVIDE FINANCIAL OR INVESTMENT ADVICE
The content and information provided by the Site and by Site Experts is for informational purposes only. It may not be current, complete or accurate. Therefore, never use or rely on any information from this Site or from a Site Expert to make any financial, investment or other decisions. You understand and hereby agree that the Site, the Site Experts, and Synchrony and its suppliers and licensors do not recommend any security, financial product or instrument, nor does any mention of a particular security on the Site constitute a recommendation to buy, sell, or hold that or any other security, financial product or investment discussed herein. You also understand and acknowledge that neither the Site, the Site Experts, nor Synchrony or its suppliers and licensors provide tax, legal or investment advice. You further understand and hereby agree that neither the Site, the Site Experts, nor Synchrony or its suppliers and licensors offer or provide any investment advice or opinion regarding the nature, potential, value, suitability or profitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. You hereby agree that any investment decisions you make will be based solely on your evaluation of your financial circumstances, investment objectives, risk tolerance, financial condition, and liquidity needs. Neither Synchrony nor its suppliers and licensors shall be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Site or the Site Experts, and shall not be responsible or liable for any trading or investment decisions made based on such information. Any information provided on the Site or by Site Experts may have been previously disseminated and does not reflect the opinions of Synchrony, or affiliates or our suppliers and licensors. The use of information from the Site or the Site Experts in connection with the writing, marketing, or promotion of any financial instruments, services, or products is prohibited.
FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. You may also contact us by writing to Jackie Mecca, Synchrony at 777 Long Ridge Road, Stamford, CT 06927, or by calling us at 203-585-6491. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you may ask us to refrain from sharing our personal information as described in the Site’s Privacy Statement.
The failure of Synchrony to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Synchrony's rights with respect to such breach or any subsequent breaches. No waiver by Synchrony of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Synchrony. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Synchrony may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Synchrony's prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Synchrony by virtue of Synchrony having drafted them.
You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.
ENTIRE AGREEMENT AND OUR RIGHT TO UPDATE THESE TERMS
These Terms, as amended from time to time, constitute the entire agreement that governs your use of the Site and supersedes any prior agreements between you and Synchrony with respect to the subject matter of these Terms.
Synchrony reserves the right to modify or add to these Terms at any time without prior notice ("Updated Terms"). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
HOW TO CONTACT US
Except to the extent otherwise provided above, you can contact us about the Site, these Terms, or the Site’s Privacy Statement by sending an e-mail to firstname.lastname@example.org.
Last Updated: January 21, 2015