This website and its subdomains (“Website”) are operated by Syntellis Performance Solutions, LLC (“Syntellis”) whose contact details are on the Website.
Syntellis provides its content on this Website subject to the following terms and conditions of use (the "Terms of Use") and by using this Website or downloading materials from this Website, you agree to be bound by these Terms of Use. If you are a business entity, by using this Website you agree i) to require each of your employees that use or access the Website to be bound by these Terms, and (ii) you remain responsible and liable for all acts and omissions of your employees in connection with the use of the Services, including any breach of these Terms.
If you do not agree to abide by these Terms of Use set forth in this notice, then do not use this Website or download materials from this Website. Please see Syntellis’s Online Privacy Statement regarding collection and use of your personal information or data. Syntellis reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. ALL RIGHTS NOT EXPRESSLY GRANTED ARE RESERVED.
Intellectual Property Information
The Website and its contents and any downloads from this Website, including text, graphics, logos, icons, video recordings, audio recordings, and images as well as the compilation, selection and arrangement thereof, are owned by Syntellis or made available to Syntellis by arrangements with third-parties (“Content”). All Content on this Website is protected by United States and international intellectual property laws. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication, or modification of our Website Content by any person without Syntellis’s prior written authorization is strictly prohibited and may be a violation of federal, state, or common law, federal, state, or international trademark laws, trade dress laws, patent laws, and/or United States or international copyright laws and may subject such violator to legal action.
All trademarks on the Website are either the property of Syntellis or their third-party licensors. All custom graphics, button icons, and logos are the trademarks, service marks, or trade dress of Syntellis. Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the prior written consent of the trademark owner for each such use. We reserve all rights not expressly granted herein.
Authorized Use
As Syntellis or third parties own the Content of this Website, you may not copy, download, reproduce, republish, distribute, display, post, or sell by any means in whole or in part, any of the Content without Syntellis’s prior written consent, except that Syntellis consents to downloading or printing the Content, in whole or in part, for internal uses that are not competitive with or derogatory to Syntellis, provided that (i) you do not modify the Content in any way, and (ii) you keep the logos, trademarks, legends, and/or copyright notice intact and displayed on all copies. . Please note that this limited consent may be revoked at any time for any reason. . No other use is permitted without Syntellis's written permission.
Hyperlinks
Certain links in this Website connect to other websites maintained by third parties over whom Syntellis has no control. Syntellis is not responsible for any of these third party websites or for their content (including any products or services that may be offered through these websites) or for transmissions you may receive from these third party websites. Syntellis provides these links as a convenience and Syntellis’s use of these third party links does not imply an endorsement or recommendation by Syntellis as to the third party website, content, products or services. Syntellis makes no representations or warranties as to the accuracy of, or any other aspect relating to, other Websites. Your use of the third party links or the content thereon is at your own risk and may be subject to those third party websites’ terms of use.
Submissions
By submitting any questions, comments, suggestions, ideas, feedback or other information about the Website ("Submissions"), you grant Syntellis exclusive rights in such Submissions, including all intellectual property rights, including the right to use, modify, reproduce, transmit, display and distribute these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Privacy
Syntellis is committed to the privacy of its Website visitors, users. Click here to view the Syntellis Online Privacy Statement. By using this Website, you are consenting to have your personal data transferred to and processed in the United States.
Disclaimer of Warranties
This Website and its Content contains general information, may be based on authorities that are subject to change, and is not a substitute for professional advice or services. This Website and its Content do not constitute professional advice, and you should consult a qualified professional advisor before taking any action based on the information herein. Syntellis, its affiliates, and related entities are not responsible for any loss resulting from or relating to reliance on this Website by any person.
THIS WEBSITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS, INFORMATION, DATA, SERVICES, UNINTERRUPTED OR ERROR FREE ACCESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM SUCH USE.
Limitation of Liability
IN NO EVENT SHALL SYNTELLIS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, TORTIOUS ACTION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR CONTENT, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, SYNTELLIS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR FROM ANY CONTENT POSTED ON THE SERVICE BY US OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THE MAXIMUM LIABILITY OF SYNTELLIS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU US TO ACCESS AND USE THE APPLICABLE SERVICES.
THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF SYNTELLIS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold harmless Syntellis from and against any claims, actions, or demands, including without limitation reasonable legal fees, arising or resulting from your breach of these Terms or your access to, use, or misuse of the Website or Content.
Claims of Copyright Infringement
The DMCA (“Digital Millennium Copyright Act”) provides remedies for copyright owners who believe that material appearing on the internet infringes their U.S. copyright(s). If you believe in good faith that the Content made available on our Website infringes your copyright, you (or your agent) may send us a notice requesting that the copyrighted material be removed. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA. Notices and counter notices should be sent to Syntellis via email at infoe@syntellis.com, or by writing to Syntellis at:
Syntellis Performance Solutions
ATTN: General Counsel – DMCA Notice
5202 Old Orchard Road
Skokie, Illinois 60077
Miscellaneous
The Terms of Use and the relationship between you and Syntellis shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Syntellis agree to submit to the personal and exclusive jurisdiction of the courts located within Cook County, Illinois.
The failure of Syntellis to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that You may have arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms of Use, and any applicable supplement, represent the entire agreement between Syntellis and you regarding the use of the Website.
Last Updated: August 1, 2020