Terms Of Use

November 2010

Introduction

Syncada LLC ("Syncada") maintains www.Syncada.com and its related sites (collectively the "Syncada site") for your personal information, entertainment, and enjoyment. Please feel free to browse, download from, talk back to, and otherwise use the site. At the same time, please remember that your access to the Syncada site is subject to the following rules (the "Rules") as well as all applicable laws. By accessing and using the Syncada site, you accept and agree to the Rules without limitation or qualification, and acknowledge that any other agreements you may have with Syncada regarding the access and use of the Syncada site are superseded by the Rules, to the extent any conflict exists.

Syncada may at any time revise these Rules by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Rules from time to time.

Syncada reserves the right, without notice and for any reason, to remove any content on this site, and to deny access of any user or users to all or any part of this site.

Use of the Site

Unless otherwise specifically indicated, you may download material displayed on the Syncada site for personal, non-commercial use only and you may not distribute, modify, transmit, use, or reuse any of the contents of the Syncada site for any public or commercial purpose without the written consent of Syncada or any third party Syncada deems necessary. You must retain all copyright and other proprietary notices on downloaded and/or copied material. Any copy of material from the Syncada site you make and distribute for any purpose must also include these Rules. You may not access or use the Syncada site in any way that could or is intended to damage or impair the Syncada site, or any server or network underlying the Syncada site, or interfere with anyone else's use and enjoyment of the Syncada site.

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Copyrights, And Other Rights

You should assume that everything on the Syncada site is copyrighted unless otherwise noted and that it must not be used except as provided in the Rules or with the express written consent of Syncada or any third party Syncada deems necessary. SYNCADA NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE SYNCADA SITE WILL NOT INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES. Any product, service, program, or technology described on the Syncada site may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by Syncada. Any such right that is not expressly licensed herein is reserved by Syncada.

Images of people or places displayed on the Syncada site are either the property of, or used with permission by, Syncada. Use of these images by you or other third parties is prohibited unless expressly permitted in the Rules or elsewhere on the Syncada site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

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Trademarks

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Syncada site are registered and unregistered Trademarks of Syncada and others. SYNCADA® is a registered Trademark of Syncada in the United States and other countries (trademark denotations on the Syncada site indicate federal registrations in the United States). Nothing contained on the Syncada site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Syncada site without the written permission of Syncada or its licensors. Misuse of any Trademarks, or any other content, displayed on the Syncada site is prohibited.

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Submissions

Apart from your personal information (which is addressed in the Privacy Policy ), any communication or material you send to the Syncada site, electronically or otherwise, including but not limited to data, questions, comments, suggestions, or submissions is and will be treated as non-confidential and non-proprietary. Anything you send to the Syncada site may be used by Syncada for any purpose including but not limited to modification, reproduction, transmission, disclosure, publication, broadcast, and posting. By submitting material to Syncada.com, you irrevocably transfer and assign to Syncada, and forever waive and agree never to assert, any copyrights, "moral" rights, rights of publicity or to privacy, or other intellectual-property or proprietary rights that you may have in such material. Syncada is free to use, without obligation of any kind, any ideas, concepts, techniques, or know-how contained in any communication you send to the Syncada site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services.

By using this site, you may submit, or Syncada may gather, certain limited information about you and your usage of the site. Subject to the terms of the Privacy Policy, Syncada is free to use such information for any purpose it deems appropriate.

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No Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, SYNCADA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED OR DESCRIBED ON THE SYNCADA SITE. THERE IS NO WARRANTY THAT ANY INFORMATION OR SERVICE PROVIDED OR REFERENCED BY THIS SITE IS EITHER ACCURATE, THAT SUCH INFORMATION OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. THE INFORMATION AND SERVICES PROVIDED OR REFERENCED ON THIS SITE ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH THE USER.

SYNCADA MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION ON THE SYNCADA SITE. SYNCADA MAY PERIODICALLY ADD, CHANGE, OR IMPROVE ANY OF THE INFORMATION, PRODUCTS, SERVICES, PROGRAMS, AND TECHNOLOGY DESCRIBED ON THE SYNCADA SITE WITHOUT NOTICE. SYNCADA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYNCADA SITE.

USERS OF THE SYNCADA SITE DO SO AT THEIR OWN RISK. TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER SYNCADA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SYNCADA SITE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, ARISING OUT OF THE ACCESS, USE OF, OR RELIANCE ON THE INFORMATION ON THE SYNCADA SITE, EVEN IF SYNCADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SYNCADA ASSUMES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES WHICH MAY AFFECT COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF ACCESSING, USING OR DOWNLOADING FROM, THE SYNCADA SITE. SOME JURISDICTIONS MAY RESTRICT OR DISALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY, AND SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

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Other Agreements

Your use of the Syncada site, or certain features or information provided through the Syncada site, may be subject to additional agreements apart from the Rules.

Links

Syncada has not reviewed all of the sites which are linked to or from the Syncada site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. Syncada is not responsible for the contents of any site linked to or from the Syncada site; and your connection to any such linked site is at your own risk.

U.S., International Information

Most of the information on the Syncada site applies internationally, but some information applies only to certain countries or regions. Although Syncada tries to mark all country- and region-specific information with a country indication, it does not warrant or represent that all information without such an indication applies internationally. You should check the applicability of any information on this site to you or your organization.

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Legal Information

The Rules will be governed by and construed under the laws of the State of Minnesota, excluding only its conflict of law provisions. Each party to the Syncada site Rules hereby submits to the exclusive jurisdiction of the courts within the State of Minnesota, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

Any failure by Syncada to enforce any of its rights under the Rules or applicable laws shall not constitute a waiver of such right. If any provision of the Rules is found by a court of competent jurisdiction to be invalid, you, Syncada, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining Rules provisions shall retain their full force and effect.

You agree to follow any applicable laws in your use of the Syncada site. Among other things, United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such foreign countries. You will abide by these laws and regulations as applicable and will not transfer, directly or indirectly, by electronic transmission or otherwise, any content or software from the Syncada site to or from any countries or foreign nationals in violation of such laws or regulations.

Please note that Syncada.com is operated by Syncada LLC and not the various financial institutions that are sponsors under the Syncada network. None of the terms of any agreement between a Syncada network user and the financial institution that provides his/her network access has any effect on or relation to these Site Rules.

Please also read over the Syncada site Privacy Policy, which are part of the Rules and which you accept. If you have any questions, comments, or complaints about Syncada.com, please feel free to email us at: info.requests@syncada.com or send a letter via US Mail to:

Attention: Legal Dept
Syncada LLC
901 Marquette Avenue South, Suite 1800
Minneapolis, MN 55402 USA