This website, located at www.MADSynergy.com or any of our affiliated sites including mobile and/or Internet applications or “apps” (collectively hereby also known as the “Site”), is provided by MADSynergy LLC (which will also be referred to as MADSynergy, Site, “we,” “our,” or “us”) and the person accessing this Site as ”you,” “your”.
2. Permitted Use of the Site & Terminations
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing MADSynergy’s products and/or services. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
(i) a request by you (self-initiated membership deletions)
(iii) requests by law enforcement and/or other government agencies
(iv) discontinuance or referral pointsifications of materials to the Site (or any part thereof)
(v) technical or security issues or problems
(vii) engagement by you in fraudulent or illegal activities
(viii) nonpayment of any fees owed by you in connection with the Site and/or no cause at all
Termination of your MADSynergy membership includes:
(i) removal of access to all offerings and features on the Site
(ii) deletion of your password and all related information, files, and content associated with your membership page (or any part thereof)
(iii) prohibition of any further use of your membership by you.
(iv) Further, you agree that all terminations for cause shall be made in MADSynergy’s sole discretion and that MADSynergy shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us via the contact form.
3. Interaction With Other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release MADSynergy (and MADSynergy’s officers, directors, agents, subsidiaries, partners and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you’re a California resident, you waive California Civil Code Section 1542, which states that a general release does not extend to claims which the creditor doesn’t know to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor.
4. User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to specific pages on the Site. MADSynergy does not and cannot review all such content, and is not responsible for such content. You acknowledge that by providing the ability to view and distribute user-generated content on the Site, MADSynergy is merely acting as a passive conduit for such distribution of content and is not undertaking any obligation or liability related to it. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize MADSynergy to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any case, MADSynergy reserves the right to block or remove communications or materials that it determines to be unacceptable to MADSynergy in its sole discretion.
By submitting any user-generated content, you hereby grant MADSynergy (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (under the age of 18), you agree and warrant that you have your parents’ permission to make such grants. All content that you submit may be used at MADSynergy’s sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MADSynergy employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise lead to liability or violate any law.
5. Notice — Electronic Communications
When you visit this Site, send emails to MADSynergy, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with MADSynergy.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates. Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. Practices/Typographical Errors
You acknowledge that MADSynergy may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained. You agree that MADSynergy has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You further acknowledge that MADSynergy reserves the right to change or modify these general practices and limits from time to time.
8. Disclaimer – Warranty
This site, its content, and the materials and products on this site are provided “as is.” To the fullest extent permissible pursuant to applicable laws, MADSynergy hereby disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
MADSynergy does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. MADSynergy does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
Your use of the site is at your own risk. Neither MADSynergy nor any of it’s subsidiaries, affiliates, officers, or directors, nor any of it’s agents or any other party involved in creating, producing, or delivering the site or its content, are liable for any direct, indirect, punitive, incidental, special, consequential or damages arising out of or in any way connected with the use of this site whether based on contract, tort, strict liability or otherwise, even if advised of the possibility of any such damages. Some states do not permit limitations or exclusions on warranties, so the above limitation may not be applicable to you.
11. Third-Party Links
In an attempt to provide increased value to our visitors, MADSynergy may link to sites operated by third parties. However, even if the third party is affiliated with MADSynergy, MADSynergy has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of MADSynergy. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, MADSynergy specifically disclaims any responsibility of such sites that: infringe any third party’s intellectual property rights, are inaccurate, incomplete or misleading, are not merchantable or fit for a particular purpose, do not provide adequate security, contain viruses or other items of a destructive nature, or are libelous or defamatory. MADSynergy does not endorse the content, or any products or services available on such sites. Nonetheless, MADSynergy seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.
12. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please contact us via the contact form to get in touch with our Designated Agent and then provide the information listed below:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
(ii) a description of the copyrighted work or other work that you claim has been infringed
(iii) a description of where the material that you claim is infringing is located on MADSynergy’s website
(iv) your address, telephone number, and email address
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf
13. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by MADSynergy or its affiliates. The Contents, including its trademarks such as MADSynergy and MADSynergy and design, logos, slogans may not be used by you for any commercial purpose without MADSynergy’s written consent.
Copyright MADSynergy LLC, 2016, ALL RIGHTS RESERVED.
All software used on this Site is the property of MADSynergy or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
14. Export Control:
MADSynergy and the Website are based in the United States. Software and other materials from this Site may be subject to United States Export Control. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If you access and download the Content (including any software or the Services) or Information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
15. Law and Jurisdiction
17. Referral Program
MADSynergy may offer you the opportunity to earn referral points or other benefits by referring friends to join. Those points and/or benefits may be awarded to the referrer for qualified referrals that result in new MADSynergy members who make at least one qualified purchase. Members are eligible to receive referral points for a qualified referral only if the referred customer participates using the unique referral link embedded in the referral email. Referrals of existing MADSynergy members or anyone who previously had a MADSynergy account will not count towards your eligibility to earn referral points. Referral points have no cash value, and can only be used in connection with making a purchase on the Site, the specifics of which will be mentioned in the referral email/website/marketing materials/media. Referral points are not transferable, assignable, or sellable, are not gift certificates, and cannot be used to purchase gift certificates. Referral points expire 12 months after they are granted.