Term of Use

Last reviewed: 31 August, 2023

Synpulse8.com is comprised of various individual global, country, regional and practice-specific information.

These terms of use apply to the specific global, country, regional and practice-specific information that you were viewing within Synpulse8.com  (the “Terms of Use”)  before clicking on these Terms of Use. Such information is referred to in these Terms of Use as this “Website” or the “Site”

By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

The “Synpulse Network” refers to one or more Synpulse entities, organized as a Swiss privately held group of legal entities held by one holding company. Synpulse Holding AG is a company registered in Switzerland with registered number CHE-103.557.601 and registered office at Sonnenbergstrasse 19, 6052 Hergiswil, Switzerland.

Synpulse Holding AG and its subsidiaries are the entities within the Synpulse Network that are providing this Website and are referred to in these Terms of Use as “we”, “us”, or “our”.


Use of Content; Restrictions; Privacy Statement

Unless otherwise indicated in the relevant content, and on the condition that you comply with all of your obligations under these Terms of Use, you are authorized to view, copy, print, and distribute (but not modify) the content on this Website; provided that (i) such use is for informational, noncommercial purposes only, and (ii) any copy of the content that you make must include the copyright notice or other attribution associated with the content.

 You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this website.

 You will comply with all applicable laws in accessing and using this website.

 You acknowledge that we may use your personal information and data according to our Privacy Notice and Cookie Notice, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Notice and Cookie Notice, including any obligations imposed on you therein.


Intellectual Property Rights; No use of Synpulse names/logos

Unless otherwise indicated, the content on this Website is provided by us.

This Website and its contents are protected by copyright, trademark, and other laws of Switzerland and/or foreign countries. We reserve all rights not expressly granted in these Terms of Use.

“Synpulse8”, the Synpulse8 logo, and local language variants of the foregoing trademarks, and certain product names that appear on this Website, are trademarks or registered trademarks of entities within the Synpulse Network. Except as expressly provided in these Terms of Use, you shall not use the name “Synpulse8”, the Synpulse8 logo, or local language variants of the foregoing trademarks either alone or in combination with other words or design elements. You may not use any of the foregoing names, marks or logos in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual or any other form, except if expressly permitted in writing by Synpulse Holding AG or its designee. To request this written permission, use the “Contact Us” feature on this Website.

References to other parties’ trademarks on this Website are for identification purposes only and do not indicate that such parties have approved this Website or any of its contents. These Terms of Use do not grant you any right to use the trademarks of other parties.


User Representations

By using the Site, you represents and warrants that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.

If you provide any information that untrue, inaccurate, not current, incomplete, we have the right to refuse any and all current or future use of the Site or any portion thereof.


Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FRO BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSETED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.


Additional Terms

If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.


Governing Law

These terms shall be governed by and defined following the laws of Switzerland and yourself irrevocably consent that the courts of Switzerland shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.


Dispute Resolution

Binding Arbitration

Any dispute arising out of or in connection with the use of this Website, including any question regarding its existence, validity or termination (the “Dispute”), shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which as a result of referring to it, is considered as the part of this clause.             

Exceptions to Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegation or theft, piracy, invasion of privacy, or unauthorized use; and c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.


 Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST EVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTHWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVE AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIME BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO UR OR USD $100. CERTAIN US STATE LAWS AND INTERNAITONAL LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGAES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDIITONAL RIGHTS.


Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) use of the Site ; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.


 Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all our rights and obligation to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no  joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms f Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of singing by the parties hereto to execute these Terms of Use.


Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at website@synpulse.com