Effective Date: October 18, 2021

This website, www.synchronicitypc.com, its associated Synchronicity Network Newsletter and social media accounts (collectively, the “Services”) are operated by Laible & Fitzsimmons Inc., dba Synchronicity Planning & Communications (“Synchronicity”).

By using the Services, , you understand and agree to accept and comply with and be bound by the following terms and conditions ( ‘Terms of Use’), which together with our Privacy Policy govern Synchronicity’s relationship with you in relation to the Services. If you disagree with any part of these Terms of Use, please do not use our Services.

We reserve the right to deny access to the Services, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to enjoy the Services, or infringes the rights of others.

The content on the pages of our Services is for your general information and use only. We reserve the right to change these Terms of Use without notice. You acknowledge and agree that it is your responsibility to review the Terms of Use periodically to familiarize yourself with any modifications. Your continued use of our Services after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Service Materials and License
All content and materials available in the Services, including but not limited to text, graphics, website name, code, images, trademarks, logos, domain names, trade names, service marks, any and all copyrightable material (including source and object code), audio, videos, designs, compilations, the “look and feel” of the Services, the compilation, assembly and arrangement of the materials in the Services, and all other materials related to the Services (the “Materials”) are owned, controlled or licensed by Synchronicity and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity, and other laws, rules, regulations, and international treaties. The materials in the Services may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, without the express permission of Synchronicity, unless expressly provided in these Terms of Use.

Subject to your compliance with the Terms of Use, Synchronicity grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, view, display and use the Materials for your personal, non-commercial use only, provided you (a) keep intact all copyright, trademark, and other proprietary notices contained in the Materials, (b) do not use or assist any third party in using the Materials for any unlawful purpose, (c) do not modify the Materials in the Services, a You may not distribute the Materials in any form – including by email or other electronic means – without prior written permission from Synchronicity.

Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any Materials in the Services is strictly prohibited, unless specifically authorized by Synchronicity.

Third Party Links and Content
There may be links from the Services, or communications you receive from the Services, including, without limitation, from advertisers or sponsors, that may include third party content that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Services and you expressly acknowledge and agree that Synchronicity is in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or damages, losses, failures or problems caused by, related to, or arising from those third parties or their sites. These Terms of Use apply only to our Services, and not to the sites of any other companies or organizations, including those we link to.

You understand and agree that under no circumstances will Synchronicity be responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site.

You may establish a link to the Services, so long as the link does not state or imply any sponsorship of or affiliation with your site by Synchronicity , unless such sponsorship or affiliation is explicitly agreed to in writing by Synchronicity. We reserve the right to rescind any permission granted to you or any organization to link to our Services, and to require termination of any such link to any of our Services, at our discretion at any time.

You may not, without our prior written permission, frame any of the Materials or content of the Services, or incorporate into another website or other service any material, content or intellectual property belonging to Synchronicity.

You grant to us the right to use your questions, comments, and postings, in their original or edited form in the Services, and in any television programs, books, articles, commentaries, or in any other medium now known or later developed.

Content Submissions
By submitting material to us, you represent that you are the creator and sole owner of the material or have the express written consent from the owner for the use of the material by Synchronicity in accordance with these Terms of Use. You also represent that you own or otherwise control all of the rights to the content you post and that you will not post, publish, transit, reproduce, distribute or exploit any information that will infringe the rights of any third party. Additionally, you represent that any “moral rights” in posted materials have been waived.

By submitting content to any public posting areas of the Services, such as any message boards, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers, may reproduce, modify, and distribute such content in any manner, in any medium, and for any purpose. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such content on the Services. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensible right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content, in whole or in part, worldwide or to incorporate it in other works in any form, media, or technology now known or later developed.

You agree that we, including our partners, agents, affiliates and service providers, may identify you as the author of any of your postings by name, email address or screen name, in our sole discretion. We reserve the right to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, for any reason.

Intellectual Property
You may not use the Service for any purpose or in any manner that infringes the rights of any third party. Synchronicity encourages you to report any content on the Services that you believe infringes your rights. Only the owner of the intellectual property 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 Services 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”), Synchronicity has a designated agent for receiving notices of copyright infringement and Synchronicity 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 Synchronicity’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.

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.

We reserve the right to terminate the accounts of users whom we deem in our sole discretion to be infringers. Synchronicity will endeavor to provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third party’s intellectual property rights.

Synchronicity’s copyright agent for notice of claims of copyright infringement on or regarding the Service can be reached as follows:

Name: Copyright Administrator
Mailing address: Miller Korzenik Sommers Rayman LLP
1501 Broadway
New York, NY 10036
Phone number: (212) 752-9200

Registration
To access certain features of the Services, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 18 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services, or any portion thereof. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

We may, at our discretion, suspend or terminate the registration of any Community Forum user or general user who violates any of these terms of use, any of the Community Forum member guidelines or for any other behavior that we in our discretion believe is inappropriate.

Modifications
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Termination
You agree that, in our sole discretion, we may terminate your password, account or use of the Services, and remove and discard any materials that you submit to the Services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms of Use. You agree that we shall not be liable to you or any third-party for any termination of your password, account or use of the Services, or any removal of any materials that you have submitted to the Services.

User Conduct
The Services may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Services, or sent via any email services , lies with each user – you alone are responsible for the material you post or send.

We do not control the messages, information or files that you or others may provide through the Services. When accessing or using the Services, you may not:

• Transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind;

• Transmit any information or software that could compromise the functionality of the Services;

• Interfere with the functioning of the Services in any way or restrict others from using the Services;

• Post, publish, transmit, reproduce, distribute or exploit any information obtained through the Services for commercial purposes without the prior written consent of Synchronicity.

1. You agree to indemnify Synchronicity for any costs or damages that it incurs as the result of your use of the Services, your violation of any of these Terms of Use or your violation of any rights of another.

Monitoring and Denial of Service
You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Services through which users can supply content. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any content, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use. We also reserve the right to deny access to the Services or any features of the Services to anyone who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy the Services or infringes the rights of others.

Use of the Site
You agree that you will not collect personal data about, or the email addresses of, other Service users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take any action that disrupts the Services, including submitting excessive numbers of postings, or that otherwise negatively affects other users’ ability to use and enjoy the Services.

Content Preservation
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to comply with a legal process, enforce the terms of service, protect the rights and property of users and respond to complaints that material submitted by you violate the rights of third parties. You understand that the technical processing and transmission of the Services, including content submitted by you, may involve transmissions over various networks and changes necessary to conform and adapt to technical requirements of connecting networks or devices.

Notice of Copyright Infringement                                                                                                                                If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us immediately via the contact form on our website, www.synchronicitypc.com. 

Disclaimers
You understand and agree that your use of the Services is at your sole risk. The Services and the Materials are provided on an “as is” and “as available” basis. Synchronicity disclaims all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, or trade. We, our affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the Materials or the Services, nor do we guarantee that the Materials will be error-free, secure or continuously available, or free of viruses or other harmful components.

Under no circumstances will Synchronicity 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 your use of the Services.

Parental Permission

Our Services do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we take steps to remove that information from our servers.

Miscellaneous
These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. By using the Services, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Suffolk County, New York in all disputes arising out of or relating to this agreement or the Services. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other provisions of the Terms of Use shall remain in full force and effect.

Violations
Please report any violations of these Terms of Use to us via our website, https://www.synchronicitypc.com/contact-us.html