Service General Terms and Conditions
Website
Terms and Conditions
Last updated: July 2020
You are now connected to syllab.io public website and related sub-domains (the “Website”). The Website is owned and operated by SylLab Systems, Inc. (hereinafter, “SylLab” or “us” or “our” or “we”). Your access to and use of syllab.io is subject to the following Terms and Conditions as described in the Website (together with the documents referred to on it) and all applicable laws.
Please read these Terms and Conditions carefully before you start to use the Website.
SylLab may, without notice to you, at any time revise these Terms and Conditions and any other information contained in the Website by updating this posting. SylLab may also make improvements or changes in the products, services, or programs described in the Website at any time without notice.
Acceptance of the Terms and Conditions
SylLab welcomes you to the Website. By accessing and using the Website, its content, and its information, you accept the following Terms and Conditions and Privacy Policies, without limitation or qualification. Your access and continued use of the Website constitutes complete acceptance of these Terms and Conditions. Unless otherwise stated the contents of the Website including, but not limited to, the text and images contained herein and their arrangement are the property of SylLab. All trademarks, products, and company names used or mentioned in the Website are the property of their respective owners and are mentioned for identification purposes only. Nothing contained in the Website shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of SylLab or any third party.
If you do not agree to these Terms and Conditions, do not use the Website. We can change the Terms and Conditions at any time without any notice to you. It is your responsibility to review these Terms and Conditions on a regular basis for any changes as it creates a binding legal agreement between you and SylLab. If you access or use the Website after we have changed any of the Terms and Conditions, you are agreeing to all of the changes.
Purpose of the Website
The present Website is intended to provide information about SylLab, our organization, the products and services we offer. However, this information represents only a presentation of SylLab’s products and services and is not contractually binding. To enter into any form of contractual agreement, please contact the SylLab directly.
Permission to Use the Website
You have our permission to use the Website only if:
you are over 18 (eighteen) years old;
you are using the Website for your own personal use and not for commercial purposes;
you do not copy the Website or any part of the Website ;
you do not modify the Website or any part of the Website; and
you follow all the rules and restrictions described out in these Terms and Conditions.
User Content
You are solely responsible for any User Content you post to the Website and the consequences of posting or publishing it. By “User Content”, we mean any Content you post to the Website. “Content” means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say “post”, we include posting, uploading, sharing, submitting, or otherwise providing User Content in any manner in connection with the Website.
Unless expressly stated otherwise herein, any User Content submitted by you through the Website shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit any information that you consider confidential.
Restrictions on User Content and Your Conduct
You may not:
use our Website for any illegal purpose;
submit User Content that you don’t have the right to submit unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
impersonate anyone else or lie about your affiliation with another person or entity;
use meta tags or any other “hidden text” utilizing any of our or our suppliers’ product names or trademarks;
upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Website, or harm or corrupt our or anyone else’s computer systems, or data;
use our Website to harm minors in any way, including posting, uploading, transmitting or otherwise distribute User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
collect or gather other people’s personal information (including account information) from our Website; or
submit User Content that disparages us or our partners, vendors, or affiliates.
SylLab has the sole right, but not the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason. Any information or request for information that you may send to SylLab via the Website or via e-mail to which the Website may give access, is considered non-confidential.
SylLab Is Not Responsible for User Content
SylLab does not review any of the User Content posted by the Website users. SylLab does not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and SylLab makes no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Website. You may find some of it to be inaccurate, offensive, indecent, or objectionable. However, you agree not to hold us responsible in any way for your use of our Website, including your exposure to User Content.
Uploading Material to the Website
By submitting any information or material, you give the SylLab an unlimited and irrevocable license to use, execute, show, modify and transmit such information, Material or comments, including any underlying idea, concept or know-how (the term “Material” is intended to cover all projects, files or other attachments sent to us). The SylLab reserves the right to use such information in any way it chooses.
By submitting material on the Website, you grant SylLab a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that SylLab may choose.
Intellectual Property Rights in User Content
If you post User Content, you are making a guarantee to SylLab that you either own all the Content you are posting, or you have the right to post the Content. Furthermore, you are guaranteeing that you have the right to allow us to make your User Content available for others to view and use as part of the Website without requiring that any such use be subject to additional obligations, or terms, or conditions. If you do not have these rights, do not post the Content. By posting your User Content, you do not lose any ownership rights you may have to it. However, you do grant us a worldwide, non-exclusive, royalty-free, fully-paid, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Website and our business, in any media formats or intangible form and through any media channels now known or hereinafter developed. You also grant each user of the Website a non-exclusive royalty-free, fully-paid, sub-licenseable and transferable license to access your User Content through the Website and to use, reproduce, distribute, prepare derivative works of, display and perform your User Content as permitted through the functionality of the Website and under these Terms and Conditions.
User Content you Share becomes Public
You understand that once you post User Content, your content becomes public. SylLab is not responsible for keeping any User Content confidential.
Legal Disclaimer
SylLab is an online provider of app.syllab.io solution and template document forms (“fill in the blank” forms) and general legal information. SylLab is not a law firm and does not provide legal advice or represent you in any way.
By using this web application or the forms, you are not accessing attorney services or legal advice. SylLab’s services, including the web application, its forms, and any legal information it provides, is not a substitute for the advice of an attorney.
By using SylLab services, you acknowledge that you understand that the website is a tool that provides forms to assist your organization understanding the requirements of the California Consumer Privacy Act (“CCPA”), Health Insurance Portability and Accountability Act (“HIPAA”), the Gramm-Leach-Bliley Act (“GLBA”), the European General Data Protection Regulation (“GDPR”), the Financial Industry Regulatory Authority (“FINRA”), or the Securities Exchange Commission Rule 17a-4 (“SEC17”). SylLab does not ensure your organization is fully compliant with CCPA, HIPAA, GLBA, GDPR, FINRA, or SEC17. Your organization may need to take additional measures to comply with the respective regulations.
By using this web application or the forms, you are not establishing an attorney-client relationship with SylLab, any of its employees, or with any attorney. Any information you provide to SylLab is not protected by the attorney-client privilege or as a work product.
In accessing the web application, the user assumes responsibility to provide correct and up-to-date information. Inaccuracies in the information provided could affect the validity or enforceability of the documents generated by the web application. You take sole responsibility for determining what data You submit to the Website, obtaining all necessary consents and permissions for submission of data and processing instructions to the Websites, and the accuracy, quality, and legality of the data. You are further responsible for the acts and omissions of Users in connection with these Terms and Conditions, for all use of the Websites by Users, and any breach of these Terms and Conditions by Users.
Each organization or individual’s legal situation is different, and complex cases may require legal advice and representation. It is not possible for the web application to identify all instances in which legal representation is recommended, necessary, or desirable. SylLab does not: review your documents or any information you input for the accuracy or legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation.
It is the responsibility of each user to decide for themselves whether to seek legal advice from a lawyer. SylLab recommends all users to consult a lawyer and familiarize themselves with the rules and procedures of the CCPA, HIPAA, GLBA, FINRA, and SEC17 if your business processes data of US citizens or GDPR if you are processing data of European Union citizens.
Some jurisdictions have local laws, rules, advisory opinions, guidance, guidelines, and regulations for implementation that may affect the validity of the documents and systems created through your use of SylLab. SylLab cannot ensure that the documents generated through the web application will be enforceable or valid in all jurisdictions. Each user assumes the responsibility to seek legal review of their documents.
Warranties
The information provided on the Website is free of charge and for informational purposes only and does not create a business or professional services relationship between you and SylLab. Any use you make of the information provided on the Website site, or any site or service linked to by the Website, is at your own risk.
Although SylLab uses reasonable efforts to include accurate and up-to-date information in the Website, the Website may include inaccuracies, outdated information, or typographical errors. Therefore, SylLab makes no warranties or representations as to the accuracy or completeness of any information contained herein. Furthermore, SylLab assumes no liability, obligation, or responsibility for any errors or omissions in the content of this site.
Any materials obtained through or from the use of the Website are obtained at your own discretion and risk and SylLab shall not be responsible for any damage caused to your computer, or data, or for any bugs, viruses, trojan horses, or other destructive code resulting from the Website or any content obtained from the Website.
The user understands and agrees that if s/he makes a download or otherwise obtains materials, information, products, software, programs, or services, s/he makes so at her/his own discretion and risk and that s/he will be solely responsible for any damages that may result, including loss of data or damage to your computer system.
Where a jurisdiction does not allow the exclusion of implied warranties, so the above exclusion may not apply. The user may have other legal rights, which vary from jurisdiction to jurisdiction.
SylLab will make its best efforts to ensure that the Website is available 95% percentage on an annual average, this excludes downtime due to maintenance, software updates as well as those times while the Website cannot be reached due to external factors that cannot be controlled by SylLab, such as firewalls, third parties technical problems, force majeure, denial of service attacks, etc.
SylLab does not guarantee in any way the security of the Website and the absence of any viruses or other undesirable hosts (including in the elements of the Website and in the information which is incorporated there).”
Limitation of Liability
The use of the elements of the Website, any information included therein, as well as the access to this Website are of the sole responsibility of the user. To the extent permitted by Law SylLab has no obligation or liability to any party for any direct, indirect, incidental, special, exemplary, or consequential damages of any type whatsoever related to or arising from the Website, any use or inability to use of the Website, or any site or resource linked to, referenced, or accessed through the Website, third party content made available to the user through the Website, unauthorized access to or alteration of the user’s content, or for the use or downloading of, or access to, any materials, information, products or services, cost of procurement of substitute goods and services resulting from any goods or services purchased through or from the Website, including without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even is SylLab expressly advised the possibility of such damages. This exclusion and waiver of liability apply to all causes of action whether based on contract, warranty, tort (including negligence), product and service liability, or any other legal theories.
Notwithstanding, anything to the contrary contained herein, SylLab’s liability and the liability of each of its officers, directors, investors, employees, agents, advertisers, licensors, suppliers, service providers, and other contractors to the user or any third party under any circumstance is limited to a maximum of USD 100.
Additional or different terms, conditions, and notices may apply to specific materials, information, products, software, and services offered through the Website. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms and Conditions. Please see the applicable agreement or notice.
Modification
SylLab can modify and update at any moment, and without any kind of notice, the content published on the Website or any other contained information.
SylLab can also modify at any time and without notice these Terms and Conditions and therefore encourages you to regularly read these Terms and Conditions.
Termination and Suspension
SylLab may terminate or suspend the Website or any part of the Website, terminate or suspend the users use of the Website, block any IP address, or remove any of the User Content at any time without any liability to you.
Further, SylLab may terminate or suspend the users’ permission to use the Website immediately and without notice upon any violation of these Terms and Conditions, the users’ failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by the user in fraudulent or illegal activities. If SylLab terminates a user’s use of the Website for any of these reasons or otherwise for cause, SylLab will not refund any fees that the user may have paid, whether for access to the Website, software, services or products (if applicable).
Upon any termination, SylLab may delete users’ accounts, passwords, and User Content, and SylLab may bar users from further use of the Website. Users understand that SylLab may also continue to make User Content available on the Website even if the user use of the Website is terminated or suspended. Users agree that SylLab will have no liability against her/him or any third party for termination of the users’ account or access to the Website.
General Terms
These Terms and Conditions are governed by laws of the state of California, without respect to its conflict of laws principles. The sole jurisdiction and venue for any claim arising from the Website and these Terms and Conditions shall be the state and federal courts located in San Francisco, California, and each party hereby consents to the exclusive jurisdiction and venue of such courts. These Terms and Conditions, together with our Privacy Policy and any other legal notices published on the Website by SylLab, constitute the entire agreement between you and SylLab regarding the Website. If a court having proper authority decides that any portion of these Terms and Conditions is invalid, only the part that is invalid will not apply. The rest of these Terms and Conditions will remain in effect. If SylLab waives any of its rights under these Terms and Conditions in any particular instance, it does not mean that SylLab is waiving its rights generally or in the future. Furthermore, just because SylLab may not enforce all its rights all of the time, it does not mean that it is waiving its rights.
The user is responsible for complying with the laws of the jurisdiction from which s/he is accessing the Website and s/he agrees that s/he will not access or use the information on the Website in violation of such laws.
SylLab may decide to enforce them at a later date. These Terms and Conditions, and any rights and licenses granted under these Terms and Conditions, may not be transferred or assigned by the user, or any other party, but may be assigned by SylLab without restriction.
The user agrees that if s/he wants to sue SylLab, s/he must file the lawsuit within six months after the event that gave rise to the lawsuit’s claim. Otherwise, the lawsuit will be permanently barred.
Additional Terms
SylLab products and services may be subject to additional or different terms, conditions, and notices. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms and Conditions. Please see the applicable agreement or notice.