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  • Website Terms of Use


  • Website Terms of Use
    SYNERGYHOMECARE.COM AND SYNERGYHOMECAREFRANCHISE.COM



    Your use of this site constitutes your acceptance of the following Usage Agreement. Please read it carefully.

    Do not use the site if you do not agree to be bound by these terms. Be sure to check this page periodically for updates, as your continued use of the site signifies your acceptance of any changed items. Synergy HomeCare reserves the right to change these terms at any time.

    COPYRIGHT AND TRADEMARK. Unless otherwise noted, all materials on this site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Synergy HomeCare Franchising, LLC ("Synergy HomeCare") and/or its subsidiaries and affiliates or by other parties that have licensed their material to Synergy HomeCare. Additionally, the site itself is protected by copyright as a collective work and/or compilation.

    Synergy HomeCare marks on this site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Synergy HomeCare and/or its subsidiaries and affiliates or by other parties that have licensed their materials to Synergy HomeCare. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Synergy HomeCare worldwide proprietary ownership rights, and Synergy HomeCare may own or control other proprietary rights in one or more countries outside of the United States.

    This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Synergy HomeCare.

    You may browse through the site and occasionally download a copy of materials appearing on the site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the site. You may not attempt to alter or modify the content posted on the site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself.

    PROPER USE OF OUR SITE. You may not use the Synergy HomeCare Web site for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through the Synergy HomeCare Web site. You promise that none of your communications with or through the site will violate any local, state, national or international law. You further promise that none of your communications with or through the site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree to defend, indemnify and hold Synergy HomeCare, its parents, affiliates, officers, directors, employees, franchisees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the site in a manner that violates or is alleged to violate this Terms of Use agreement.

    LINKS. You may find that it is possible to "hot-link" from other Web sites to this Web site, which is the official "Synergy HomeCare" Web site. Those other Web sites are not under our control. We cannot determine the content of those Web sites and do not know whether the statements made in those Web sites are true or false, even if someone from our company occasionally visits those Web sites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on those Web sites and cannot vouch for the data, opinions, advice or statements made there. Even if we visit those Web sites, we cannot be responsible for updating or correcting false or misleading information on any third-party Web site. Further, we are not responsible for the goods or services that may be offered on other Web sites.

    FEEDBACK AND SUBMISSIONS. Unfortunately, under our corporate contracts Synergy HomeCare is unable to accept unsolicited ideas. But thanks for thinking of us. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.

    PRODUCT SALES AND AVAILABILITY. Synergy HomeCare reserves the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

    DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR SERVICES, ALL CONTENTS OF THE SITE ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. SYNERGY HOMECARE AND ITS FRANCHISEES MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES.

    SYNERGY HOMECARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT SYNERGY HOMECARE ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT SYNERGY HOMECARE. SYNERGY HOMECARE UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING SYNERGY HOMECARE, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING SYNERGY HOMECARE FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.

    UNDER NO CIRCUMSTANCES SHALL SYNERGY HOMECARE, ITS FRANCHISEES, PARENT OR AFFILIATES, AND ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR ANY MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE WEB SITE OR INFORMATION AVAILABLE IN THE WEB SITE. SYNERGY HOMECARE SHALL NOT BE LIABLE EVEN IF SYNERGY HOMECARE OR A SYNERGY HOMECARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT.

    Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Synergy HomeCare total liability to you for damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) exceed the amount paid by you, if any, for accessing this site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

    ADDITIONAL TERMS. Certain products or services offered by this Web site, and certain areas within this Web site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

    PRIVACY AND CHILDREN'S INFORMATION. Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we will not knowingly collect any personally identifiable information from children under the age of thirteen years. This site is directed to adults at least eighteen years old, and when a user discloses personal information on Synergy HomeCare.com, the user is representing to us that he or she is an adult.

    GEOGRAPHIC SCOPE OF SITE. Synergy HomeCare controls and operates this Web site from within the United States of America. Unless otherwise specified on or by this Web site, this Web site is intended to promote only those Synergy HomeCare products that are sold by Synergy HomeCare in the United States and its territories, and Synergy HomeCare makes no representation that materials in this Web site or the products described thereby are appropriate or available for use in other locations. If you access this site from outside the United States, be advised this site may contain references to products and services that are not available or are prohibited in your country. All visitors to this Web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Web site. This English-language Terms of Use agreement is Synergy HomeCare official agreement with users of this site. In case of any inconsistency between this English-language Terms of Use agreement and its translation into another language, this English-language document shall control.

    NO WAIVER. No delay or failure on the part of Synergy HomeCare to enforce any part of these Terms of Use shall constitute a waiver of any of Synergy HomeCare rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Synergy HomeCare nor the reliance of any person on Synergy HomeCare actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Synergy HomeCare shall have any legal effect whatsoever.

    SEVERABILITY. If any clause or provision set forth in this Terms of Use agreement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

    JURISDICTIONAL AND APPLICABLE LAW. Any dispute arising from these Terms of Use and/or the Privacy Policy or from this site shall be resolved exclusively in the state and federal courts of Arizona. Any such dispute (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Arizona, without reference to its conflicts of law principles. You agree to submit to the personal jurisdiction and venue of the courts of Arizona for any legal proceeding involving the site, regardless of who initiated the proceeding.

    CONTACT US. If you have any questions regarding our privacy practices, you can write to us at Customer Service, 1757 East Baseline Road, Building 6, Suite 124, Gilbert, AZ 85233.

    © 2009. Synergy HomeCare Franchising, LLC. All rights reserved. Synergy HomeCare name, design, logos and related marks are trademarks of Synergy HomeCare Franchising, LLC.