The Terms and Conditions of Service (“Agreement”) is a binding contract between Presynct Technologies, Inc. (“Presynct,” “we,” “us,” “our’) and Customer ("Customer," "You", "Your", "User.”)
This Agreement governs your purchase and use of Presynct services. Use of Presynct services is subject to acceptance of this Agreement and valid Registration and timely Payment for services when due. By registering and/or using Presynct services, you agree to (1) accept notices and other communications electronically to your Account e-Mail address, and (2) reaffirm acceptance of then-current Terms of Service with each use of said services. Customer is responsible for maintaining a current Account e-Mail address, and Presynct shall not be responsible for invalid addresses or undeliverable mail.
Term and Termination of Agreement
The term of this Agreement will begin on the date of acceptance of your initial registration and will continue in force until terminated according to section “Cancellation of Services,” section 7 below. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds," Section 8 below. Sections 8 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
Changes to Terms and Conditions
Requirements for Use or Registration
Presynct, in its sole discretion, may accept or reject a User registration for any reason. You agree not to use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation, you agree you will not take any action that imposes an unreasonable or disproportionately large load, as determined solely by Presynct, on our infrastructure.
Changes to the Service
Presynct reserves the right to change, modify, add to or discontinue or retire any aspect or feature of the Presynct_OnDemand Services including, but not limited to, the software, hours of availability, pricing, and equipment needed for access or use. We will provide you with advance notice of any modifications that materially and adversely affect your rights or obligations under this Agreement.
If you do not agree to any changes made by Presynct in accordance with this Section, you must cancel your account or the affected Service before the change(s) become effective. If you do not cancel prior to the effective date, you will be deemed to have accepted and agreed to the changes.
Duration of Services
Presynct services provided under this Agreement are billed on a periodic subscription basis, measured from the beginning of the activation of the given Service. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service (and the associated data) will be deleted 30 days following expiration.
Cancellation of Services
Any time after activation of a Service, you may cancel the Service by providing written notice to Presynct by email to email@example.com or by regular mail to Presynct Technologies, Inc., 46 Shattuck Square, Ste 21, Berkeley, CA 94704. Such notice must be received no fewer than 30 days prior to expiration of the then-current monthly subscription. Presynct neither offers nor accepts partial-month subscriptions for services. Presynct reserves the right to terminate any Service immediately and without notice in the event of a breach of any provision of this Agreement or other terms that apply to the Service. Sections 8 through 15 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.
If Presynct terminates the Agreement and your account or any Service prior to the end of any active subscription period, AND if you have not breached any provision of this Agreement, you may request a partial refund of the fees that you have paid for that subscription period. A refund will be based on the number of days remaining in the subscription period at the time of such termination. The daily rate for a refund is based on a 30-day month. Credit will be issued to the credit card used to make payment to Presynct.
PRESYNCT shall have sole and exclusive ownership of all right, title, and interest in and to the Software, Documentation, and any other PRESYNCT intellectual property disclosed to and/or used by Customer in connection with the subscription, training and/or use of the Software-as-a-Service, including all modifications and enhancements, ownership of all copyrights and other intellectual property rights, subject only to the rights and license expressly granted to Customer in this Agreement. This Agreement does not provide Customer with title or ownership of the Software, the Documentation, or any other PRESYNCT intellectual property. Customer is provided only a right of limited use as expressly set forth in this Agreement.
All rights, titles and interests in the Presynct_OnDemand site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of Presynct Technologies, Inc. or its licensors.
The Presynct_OnDemand site may contain hyperlinks to third party web sites not under the control of Presynct. The inclusion of a linked site is for the User's convenience only and is not intended as and should not be construed as an endorsement or recommendation Presynct. We shall not be responsible for, and make no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, PRESYNCT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, PRESYNCT DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, PRESYNCT DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
Limitation of Liability and Exclusion of Consequential Damages
CUSTOMER AGREES THAT ITS REMEDIES FOR ANY BREACH BY PRESYNCT OF ITS OBLIGATIONS CONDERNING THIS AGREEMENT AND THE WARRANTY AS PROVIDED ABOVE ARE LIMITED AS PROVIDED IN THE IMMEDIATELY PRECEDING PARAGRAPH. IN ADDITION, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) THE USER'S USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE USER TO DISCONTINUE USE OF THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSSES OR DAMAGES. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
Customer agrees to indemnify, hold harmless, and defend Presynct and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorneys' fees and expenses) incurred in connection with any claim related to (a) Customer’s breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Presynct, including registration data. This obligation shall survive any termination of Customer’s relationship with Presynct.
Sole and Exclusive Remedy
If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds"
Governing Law, Venue, Interpretation
This Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of California that are applicable to contracts made and performed in such state, and in no event will this Agreement be governed by the U.N. Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is or becomes or is found to be invalid or void by any court or tribunal of competent jurisdiction, such provision(s) will be null and void and deemed severed from this Agreement and all of the remaining provisions will remain in full force and effect.