Terms of Use

 

The following applies to Synergy Education, Inc. and/or its various affiliates and partners that are owned or managed by Synergy Education, Inc. By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Synergy Education, Inc. Site.

 

1. SCOPE OF AGREEMENT.

These Terms of Use apply to any User who accesses the Site. A “User” is an end user who registers on our Site. These Terms of Use apply to all content and services made available through the Site including those not available as of the “Update Effective” date.

 

2. YOUR REGISTRATION OBLIGATIONS.

In consideration of your use of our Site, you represent that you are at least 18 years of age and are not a person barred from receiving services under the laws of the applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form. You acknowledge that you have no ownership rights in your account.

 

3. USE OF SITE CONTENT AND MATERIALS.

Synergy Education, Inc. grants you (a) to access (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Synergy Education, Inc.) and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for personal, non-commercial purposes; (c) to print out discrete information from the Site solely for personal, non-commercial purposes so long as you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Your access and use of the Site and any information, materials or documents therein (collectively defined as “Content and Materials”) are subject to the following restrictions and prohibitions on use. You may not (a) copy, print (except for the express limited purpose permitted), republish, display distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there without Synergy Education, Inc.’s express written permission; (b) use the Site or any materials obtained from the Site to develop or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

 

4. SITE RULES.

In order to provide a welcoming and productive community on our Site and to improve the safety security of our Site, we require that you adhere to the following rules:

(a) Do not give your user name or password to others. You are responsible for maintaining the confidentiality of your user name and password in order to protect your information. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Synergy Education, Inc. immediately of any unauthorized use of your registration and password.

(b) Do not present Synergy Education, Inc.’s Content or Materials (or permit Content and Materials to be presented) so that it appears to be available from a third party Web site.

(c) Do not delete or revise any material posted by any other person or entity.

(d) Do not violate or attempt to violate the security of the Site.

(e) Do not access data not intended for your use.

(f) Do not log into a server or account which you are not authorized to use.

(g) Do not use the Site to advertise or offer to sell or buy any goods or services.

(h) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any third party’s intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.

(i) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

(j) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mail bombing or “crashing”.

(k) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Site.

(l) Do not send SPAM or commercial emails of any kind and do not send any unsolicited emails to individuals, entities or Synergy Education, Inc.’s Users.

(m) Do not forge any TCP/IP packet header or any part of the header information in any email newsgroup posting.

(n) Do not attempt to or actually access the Site by any means other than through the interface provided by the Site or by navigating to http://www.synergyeducationinc.com using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Synergy Education, Inc.

(o) Do not use manual or automated software, devices, script robots, other means or processes access, “scrape,” “crawl” or “spider” any web pages or other services contained in or on the Site

(p) Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in Synergy Education, Inc.’s sole discretion, w the Site.

(q) Report inappropriate postings or conduct to Synergy Education, Inc.

Your violation of any of these Rules may result in civil or criminal liability. Synergy Education, Inc. will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If Synergy Education, Inc. determines you misled Synergy Education, Inc. or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement. Synergy Education, Inc. is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported

It is your responsibility to ensure that your use of the Site complies with these Terms of Use and applicable laws.

 

5. UPLOADING/POSTING OR DISTRIBUTING DOCUMENTS.

In connection with certain services available on the Site, you may elect to upload documents or other materials to the Site (“Documents”). Your submission of information to the Site, including uploading of Documents is also governed by Synergy Education, Inc.’s Privacy Policy, the terms which are fully incorporated by reference herein. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. In order to maintain the integrity of our Site and promote a positive experience for all users, you must adhere to the following rules:

(a) Your Documents may not contain: (i) confidential or private information belonging to others including material non-public information about a company; (ii) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iii) white text keywords (including any words embedded in the Document and hidden from the User); (iv) anything that is sexually explicit, obscene, libelous, defamatory, threaten harassing, abusive, or hateful; (v) anything that is embarrassing or offensive to another person or entity; (vi) anything that would give rise to criminal or civil liability, (vii) anything that encourages conduct that constitutes a criminal offense; (viii) anything that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”; (ix) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may, or is intended, to damage hijack the operation of, or to monitor the use of, any hardware, software or equipment; or (x) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation.

(b) You may not use your Documents to: (i) impersonate another person, living or dead; (ii) provide false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (iv) post chain letters or pyramid schemes; or (v) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site).

(c) If you have an idea or information that you want to remain confidential or do not want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any portion of the Synergy Education, Inc. Site or to any other site through the Synergy Education, Inc. Site. Synergy Education, Inc. IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON OR
THROUGH OUR SITE.

Synergy Education, Inc. has no obligation to review Documents posted on the Site, but it may elect to do so. Documents found to violate these Terms of Use may be removed at Synergy Education, Inc. discretion and may result in Synergy Education, Inc.’s terminating your use of the Site or our
services.

Special Terms Related To Profiles: Please note that, as part of the services offered on our Site, Synergy Education, Inc. allows the creation of an electronic profile and email address for individuals who register for the Site (our Users). These profiles may include enhanced features such as graph images, text, data posted messages etc. Synergy Education, Inc. will not screen or review any of the User posted/uploaded materials to determine suitability. Nothing herein creates an employer-employee, agency or other relationship between Synergy Education, Inc. and such individual. The Site acts as, among other things, a venue for Users to create and edit profiles and for others to view such profiles. Synergy Education, Inc. makes no representations or warranties about any material Users post on our Site.

 

6. EMAIL SERVICES.

For your privacy, security and convenience, as it relates to email, you agree: not to upload, down post, email or otherwise transmit: (a) any unlawful, harassing, libelous, privacy invading, abusive threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national or international law or regulation; (d) any unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” “chain letters,” or other forms of solicitation; or (e) any material contains software viruses or any other computer code, files or programs designed to interrupt or limit the functionality of any computer software or hardware or telecommunications equipment Subject to Synergy Education, Inc.’s Privacy Policy, Synergy Education, Inc. will not monitor, review or disclose the contents of your User Email correspondence, except: (a) as required by law (b) if necessary to enforce this Agreement; (c) to respond to claims that such contents violate the rights of third parties; (d) as necessary for the maintenance, monitoring and quality assurance of the operations of the Site or Services; or (e) to protect the rights, or property, of Synergy Education, Inc. its third party service providers, or others.

Synergy Education, Inc., in its sole discretion and without prior notice, may place limits on the amount of emails a User may send, receive and/or store on or through its servers within any period of time for any reason whatsoever. You acknowledge and agree that you are solely responsible for all acts and omissions that occur under your email account and password. Any notice provided by Synergy Education, Inc. to you in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s). Synergy Education, Inc. additionally retains the right to deactivate any User account or related service, with or without prior notice, for any reason without any liability whatsoever and you hereby release Synergy Education Inc. from any liability.

 

7. PAYMENT.

While many of the services offered on the Site are provided free of charge, some of our Services require payment. In order to use our services that have fees associated with them, you must select payment method and provide accurate billing and payment information when prompted. You agree to pay Synergy Education, Inc. for all charges incurred under your account, including all applicable taxes, fees and surcharges. You authorize Synergy Education, Inc. to charge your designated payment method for such charges. If Synergy Education, Inc., for any reason, does not receive payment from your designated payment method, you agree to pay all amounts due upon demand by Synergy Education, Inc. or its operators. Every time you use the Site, you reaffirm that (i) Synergy Education Inc. (or its designated vendor acting as its billing agent) is authorized to charge your designated payment method; (ii) Synergy Education, Inc. may submit charges incurred under your account for payment; and (iii) you will be responsible for such charges, even if your membership is canceled terminated.

Please note that Synergy Education, Inc. uses a domestic or an international third-party payment service, the latter of which may result in international transactions fees billed to your credit card, (collectively, the “Payment Service”), to collect payments for all fees. At the time of purchase, you will provide Synergy Education, Inc. your payment information and we will pass that along to the Payment Service. Please note that any international transaction fees that you may incur are charged by your bank and not by Synergy Education, Inc.. All questions concerning such fees should be directed towards your bank. Any information you provide us in connection with payment that we provide to the Payment Service will be subject to the Payment Service’s user agreement and privacy policy, not this Agreement or our Privacy Policy. You acknowledge and agree that Synergy Education, Inc. is not, and will not be, responsible or liable for the Payment Service’s services, its site or any acts or omissions of the Payment Service. Price and availability of any product or service offered through the Site are subject to change without notice. Refunds and exchanges will be subject to Synergy Education, Inc. refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation, any taxes that may be applicable. In event that there is a billing discrepancy, you must notify Synergy Education, Inc. customer service within 90 days after the charge first appears on your credit card or bank or other account statements. If you do not notify Synergy Education, Inc. within 90 days, you agree that you waive your right dispute such problems or discrepancies.

 

8. REFUND AND EXCHANGE POLICY.

All tuitions are non-refundable.  

In addition, all discounted tuitions are non-cancellable and non-transferrable. A discount refers to ANY reduction from the full price tuition amount at the time of registration.

Your registration applies to the specific program, dates and location you have chosen. If you are unable to attend the program for which you’ve registered prior to program commencement, Synergy Education, Inc. offers the following:

Transferring Your Non-discounted Registration

You may transfer your non-discounted registration once to the same course on another date subject to the following:
–           The tuition for the program must be paid in full at the time of the transfer request.
–           You must complete the rescheduled program within 6 months of your original registration date.

Cancelling Your Non-Discounted Registration

If you withdraw from the Basic prior to its commencement, you may reschedule for the same course within six (6) months of the date of your original registration and Synergy Education will credit your tuition.

Once you have begun a program, your tuition is non-refundable, without exception.

Additionally, we offer a full, money-back guarantee on the Synergy Basic program only under the following terms: you must complete the program in its entirety (i.e. all dates and times including Post session), no exceptions. And you must submit a letter in writing, requesting a refund, and received at Synergy Education, Inc., within 7 days of completion of the program.

 

9. THIRD PARTIES.

Various third parties offer or provide materials through the pages on our Site. You also may obtain access to other sites on the Internet through the pages on our Site. By providing this service, Synergy xEducation, Inc. is not undertaking any responsibility or liability for information or publications of third parties on the Internet even if you access them through these pages. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services and any other terms, conditions warranties or representations associated with such dealings, are solely between you and such third party. You agree that Synergy Education, Inc. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties’ ads on the Site and Synergy Education, Inc. expressly disclaims any responsibility or liability for any material communicated by third parties through these pages or for any claims, damages or losses resulting from the use thereof.

We and/or third-parties may make available through the Site services (for example, message boards and comment features, among other things) to which you are able to post information and material (each, a “Forum”). PLEASE BE AWARE THAT SUCH FORUMS MAY BE PROVIDED BY A THIRD PARTY, AND MAY BE SUBJECT TO THE TERMS AND CONDITIONS OF SUCH THIRD PARTY AS WELL AS THIS AGREEMENT.

 

10. REPRESENTATIONS AND WARRANTIES.

No Representations or Warranties by Synergy Education, Inc. Synergy Education, Inc. make no representations or warranties with respect to these pages, their Content and Materials (including without limitation, material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an “as is” and “as available” basis. Synergy Education, Inc. disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. Synergy Education, Inc. makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment data, Synergy Education, Inc. is not responsible for those costs. Synergy Education, Inc. also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. Synergy Education, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services or otherwise. No advice or information obtained by any User from Synergy Education, Inc. or its personnel shall create and warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk. Synergy Education, Inc. acts as, among other things, a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User posted material or
information, although it reserves the right to do so.

No Guaranty of Results. Synergy Education, Inc. makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users.

User Representations and Warranties. You hereby represent and warrant that you (i) are using the Content and Materials solely for your own personal use and not for any business or research purpose; (ii) will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.

 

11. LIABILITY DISCLAIMER.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT SYNERGY EDUCATION, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF SYNERGY EDUCATION, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE

GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTION ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.

SYNERGY EDUCATION, INC. RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THERE WITH OR WITHOUT NOTICE. YOU AGREE THAT SYNERGY EDUCATION, INC. SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION SUSPENSION OR DISCONTINUANCE OF THE SITE.

THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION, LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN SYNERGY EDUCATION, INC.’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL SYNERGY EDUCATION, INC. (ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$50.00. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, SYNERGY EDUCATION, INC.’S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, SYNERGY EDUCATION, INC. CANNOT AND DOES NOT CONFIRM EACH USER’S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE SYNERGY EDUCATION INC. (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIM WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

12. PROPRIETARY RIGHTS.

The Site and all right, title and interest in and to the Site is the sole property of Synergy Education Inc. and/or its Affiliates or its licensors, and is protected by U.S. copyright and international treat Synergy Education, Inc. reserves for itself and its licensors all other right, title and interest. “Synergy Education, Inc. ” and the Synergy Education, Inc. design logo are registered service or trademark and certain other names or logos, such as The Synergy Basic, for example, are service marks or trademarks of Synergy Education, Inc.. All related products and service names, design marks and slogans are also the service marks or trademarks of Synergy Education, Inc.. In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by Synergy Education, Inc.’s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You agree that the Site and any software used in connection with the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content, including any tests and/or reports, contained in advertisement or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Synergy Education, Inc. or its advertisers (as applicable), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Server or the Software, in whole or in part. Synergy Education, Inc. also reserves the right to use its work without limitations, in instructional or promotional material subject to the Privacy Policy.

For the avoidance of doubt, each User retains ownership of any materials you, the User, submits through the Site (each, a “Submission”). However, in order to make your Submissions available the Site, Synergy Education, Inc. needs certain rights to your Submissions. As such, by submitting information and materials to our Site, you grant to Synergy Education, Inc. and its designees are worldwide, non-exclusive, transferable, royalty-free, fully-paid up, perpetual, irrevocable rights and license, without compensation or further notice to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, publicly display and publicly perform such Submission, and the contents of such Submission, in any media now known or hereafter developed, for Synergy Education, Inc.’s business, marketing and promotional purposes and (b) to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; provided however, that in each case, with respect to the materials you submit, such rights shall be subject to any restrictions or limitations established.

By way of further explanation, Synergy Education, Inc. would not be able to perform many of the services we offer without your granting Synergy Education, Inc. these rights. For example, without the right to “adapt,” we would be unable to make the necessary changes to the Submissions so that the Submissions meet our technical criteria; without the right to reproduce, we would be unable to make copies of Submissions on our servers to post the Submissions. As noted, this license is non-exclusive (so you can license your Submissions to others), worldwide (as the Internet is global in its reach), fully-paid up and royalty-free (so that we do not have to pay you for posting your Submissions) and sublicenseable through multiple tiers (so that we can use our subcontractors to provide Services).

For each Submission, you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section and that such Submission and your provision thereof to and through the Site comply with all applicable laws, rules and regulations. You acknowledge that you are solely responsible for verifying any and all information contained in any Submission and that Synergy Education, Inc. is not responsible for correcting any information provided to any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

Claims of Copyright Infringement. If you have a good faith belief that materials available on the Site infringe your copyright, send Synergy Education, Inc. a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, send Synergy Education, Inc. a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by federal law (see
www.copyright.gov/ for details). See below “Information or Complaints” for where to send notice counter-notices.

 

13. FITNESS FOR USE.

Synergy Education, Inc. makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.

 

14. BINDING ARBITRATION.

THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURSE BY A JUDGE OR JURY. As precursor to arbitrating any dispute, you must first contact Synergy Education, Inc. by email at info@synergyeducationinc.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if Synergy Education, Inc. is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussion with Synergy Education, Inc., then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by 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. To the extent that the arbitrator
deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in New York, New York. The arbitrator’s decision shall be based upon the substantive laws of the State of New York without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves 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(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, Synergy Education, Inc. may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.

 

15. GENERAL TERMS.

Entire Agreement. These Terms of Use constitute the entire agreement between you and Synergy Education, Inc. and govern your use of the Site, superseding any prior agreements between you and Synergy Education, Inc. with respect to the Site. You also may be subject to additional terms and conditions, e.g., our Privacy Policy, as set forth on our Site or when you use or purchase certain other Synergy Education, Inc. services, affiliate services or third-party content or third-party services.

User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement your only right with respect to any dissatisfaction with any modification or discontinuation of services made by Synergy Education, Inc. or any policies or practices in providing this Site or our products including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or restrain the operation of the Synergy Education, Inc.’s services, exploitation of any advertising other materials issued in connection therewith, or exploitation of Synergy Education, Inc.’s services or any content or other material used or displayed through Synergy Education, Inc.’s Sites.

Choice of Law and Forum. The Terms of Use and the relationship between you and Synergy Education, Inc. shall be governed by the laws of the State of New York without regard to its law provisions. You and Synergy Education, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

Indemnity. You agree to defend, indemnify, and hold harmless Synergy Education, Inc. (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, documents posted by you on the Site or distributed by you through the Site or your breach of this Agreement. Synergy Education, shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

Waiver and Severability of Terms. The failure of Synergy Education, Inc. to exercise or enforce a right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If a provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations. 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 of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Amendment. Synergy Education, Inc. reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.

Term and Termination. This Agreement is effective until terminated. Synergy Education, Inc., at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination, including deactivation or deletion of your password and user name, and all related information and files associated with it may happen without prior notice. Synergy Education, Inc. shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 7-15 shall survive such termination.

Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors. Information on these types of parental controls is available at GetNetWise (http.kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Synergy Education, Inc. does not endorse any of the products or services listed at these sites.

Information or Complaints. If you have a question or complaint regarding the Site, you can email at info@synergyeducationinc.com or write us at 255 West 36th Street, Suite 1204, New York, NY 10018 or call us at 1-212-757-6050. 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 telephone at (916) 445-1254 or (800) 952-5210.

Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from Synergy Education, Inc. to the email address associated with your account, regardless of any other information we may have. Synergy Education, Inc. also may, at its option, communicate with you through your account or through other means including email, mobile number, telephone or delivery services including the US Postal Service about your account or services associated with Synergy Education, Inc.. Synergy Education, Inc. shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.

Customer Service. As part of the services Synergy Education, Inc. offers, we may make live customer service agents available to our Users to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene these Terms of Use. In addition Synergy Education, Inc. expressly disclaims any liability for information provided by its customer service representatives to the extent the information is beyond or inconsistent with information set forth herein.

Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Privacy Information. Synergy Education, Inc. recognizes the importance of protecting the information that we collect from customers during the process of using the Synergy Education, Inc. site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at privacy@LiveCareer.com.

 

Update effective December 13, 2011.

Copyright (c) 2011, Synergy Education, Inc. First publication dates for works posted 2011, all rights reserved.

*Synergy’s Transfer and Refund Policy

1. All discounted tuition’s are 100% non-refundable and non-transferable

2. The Advanced Course, Leadership Program & Journey of Mastery are 100% non-refundable

3. The full-price Synergy Basic includes a $200 non-refundable deposit