Please read these Synchronoss Technologies Terms of Use carefully before using Synchronoss Technologies. By browsing, accessing or otherwise using the Platform, you agree to accept these Terms of Use. Your access to the Platform, including but not limited to all images, text, illustrations, designs, icons, photos, programs, music clips, downloads, trading systems and methods, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services, design, structure, selection, coordination, expression content, information, design, marks and layout, including but not limited to the design, structure, selection, coordination, expression and arrangement of any of the foregoing on or through the Platform (collectively, the "Content") is subject to these Terms of Use, our Privacy Policy, which may be updated at any time without notice. If we update the Terms of Use, we will post the updated Terms of Use on the Platform. Any such changes will be effective upon posting. If you do not agree to these Terms of Use, you should not use the Platform, and you agree that your sole remedy is to stop using the Platform. Nothing contained in these Terms of Use is intended to modify any other written agreement (if any) that may be in effect between you and Synchronoss Technologies. Additional terms and conditions of use may apply to password-restricted areas of the Platform.
For purposes of these Terms of Use, "Synchronoss Technologies," "we," and "us" means the Synchronoss Technologies entity that controls the Platform, and "User" means any person who accesses the Platform. Platforms of other Synchronoss Technologies affiliates are governed by separate Terms of Use.
Any dispute between you and Synchronoss Technologies arising out of or relating to these Terms of Use may be resolved by arbitration or in small claims court in accordance with applicable law.
Use of the Platform and Content You are responsible for your use of the Platform and the Content. You promise to use your best efforts to ensure that nothing you do while accessing the Platform damages the Platform or otherwise violates these Terms of Use.
The Platform, including the Content, is the property of Synchronoss Technologies affiliates or Synchronoss Technologies service providers and is subject to copyright, trademark, and other laws. To the extent expressly permitted herein, Synchronoss Technologies grants you a limited, revocable, nonexclusive, and nontransferable personal right to view, download, and print pages of the Platform solely for your personal and noncommercial use. This right terminates immediately upon your unauthorized use of the Platform or the Content. Subject to the foregoing, Synchronoss Technologies's provision of this Platform does not imply the granting or extension of intellectual property rights related to this Platform or Content. All rights not expressly granted to you in these Terms of Use are reserved.
You shall not (and shall not encourage or assist others to):
(i) copy, republish, distribute, commercially exploit, use or modify the Platform or Content without Synchronoss Technologies’s express written consent;
(ii) use automated means to access, copy or download the Platform or Content, including, without limitation, “web scraping” or “robots,” “bots” or “spiders,” “harvest” the Platform or Content, interfere with the operation of the Platform or Content or restrict or inhibit any other person from using the Platform or Content;
(iii) use any trademark, service mark or logo of Synchronoss Technologies or any third party appearing on the Platform without consent, or remove or obscure any copyright or other notice contained in the Platform or Content;
(iv) if you link other platforms to the Platform, imply or suggest that Synchronoss Technologies endorses or is affiliated with such platforms, and you shall not display the Platform as “framed” or “mirrored” within another platform;
(v) remove, decompile, reverse engineer, disassemble or otherwise deconstruct all or any part of the Platform or Content or any source code or software of the Platform;
(vi) Transmit any virus, worm, time bomb or similar system disruption through the Platform;
(vii) violate these Terms of Use, the Privacy Policy or any law, regulation, rule or intellectual property or contractual rights of others, or attempt to violate the security of the Platform, including attempting to gain unauthorized access to Content or use or access the identities, information or computers of others through the Platform;
(viii) impersonate any person or entity or create a user account for anyone other than yourself or create another user account without permission if Synchronoss Technologies has suspended or terminated your user account;
(ix) use any hidden text or meta tags that use "Synchronoss Technologies" or post content on the Platform or otherwise.
Synchronoss Technologies has the right (but not the obligation) to monitor the Platform for any unauthorized or objectionable conduct and to take all appropriate action in response, without notice, and we may revoke your right to use all or any part of the Platform or Content at any time. Synchronoss Technologies may investigate any complaints regarding alleged violations of these Terms of Use and may report any activity related to the Platform or Content to regulators, law enforcement officials, or such other persons or entities as it deems appropriate.
Platform Disclaimer and Limitation of Liability
Subject to any applicable law that cannot be excluded, the Platform and Content are provided on an "as is" and "as available" basis without any representations, warranties or conditions. No reliance should be placed on any information on the Platform or Content. Users agree to bear all risks associated with the use of the Platform and Content, including any reliance on the availability, accuracy, completeness, timeliness, usefulness or appropriateness of the Platform or Content. You agree that Synchronoss Technologies shall not be liable for any actions, inactions or decisions taken by you in reliance on the Platform or Content, subject to applicable law.
Certain information contained in the Platform and Content may constitute "forward-looking statements" as defined in applicable securities laws. Forward-looking statements include statements that are predictive in nature, depend on or refer to future events or conditions, including statements regarding Synchronoss Technologies's competitive advantages, goals, expansion, growth, future success, operations, business, financial condition, expected financial results, performance, prospects, opportunities, priorities, objectives, goals, ongoing goals, strategies and outlook. Words such as "anticipate," "estimate," "expect," "project," "intend," "plan" and "believe" are intended to identify forward-looking statements. Forward-looking statements should not be relied upon because they involve known and unknown risks, uncertainties and other factors that may cause Synchronoss Technologies's actual results, performance or achievements to differ materially. Synchronoss Technologies assumes no obligation to update or revise statements or information in the Platform or Content, except as required by law.
Synchronoss Technologies and/or its affiliates' liability for breach of any condition, warranty or guarantee implied by statute that cannot be excluded is limited to the maximum extent permitted by law, at Synchronoss Technologies's option, to resupply of goods or services, or to pay the cost of resupplying goods or services.