Welcome to Synametrics Search Engine's Service Agreement ("SynaSE"). This Agreement
describes the terms and conditions applicable to your use of the SynaSE.
If you ("Customer") do not accept these terms and conditions or have any questions,
please contact Synametrics Technologies, Inc., creators of the Synametrics Search Engine,
Synametrics web site, software, and services.
Synametrics may amend this Agreement at any time by posting the amended terms on
the web site. The amended terms shall automatically be effective 10 days after
they are initially posted on the site. This agreement was revised on August 28, 2006.
- LICENSE - Synametrics Technologies grants to Customer a non-transferable, non-exclusive,
limited license to use 1) the Synametrics service to index a single web site, named during the
Registration process, and specifically excludes the indexing of content of any other web site,
except those belonging to the same domain name; 2) the software code provided by Synametrics
Technologies to create a "search box"; and 3) the Synametrics, Synametrics Technologies or other
such logo or phrase that Synametrics Technologies may develop to indicate the source of the
search results (collectively, the "Services and Software"). Customer shall not copy,
duplicate, modify or incorporate in any other work, or any of the Services or Software.
Customer shall not reverse compile, disassemble, reverse engineer or otherwise reduce to
human perceivable form, any of the Services or Software.
- ELIGIBILITY FOR MEMBERSHIP - Services and Software are available only to individuals
who can form legally binding contracts under applicable law. Without limiting the foregoing,
the Services and Software are not available to minors. In addition, sites that contain
illicit, immoral, or unscrupulous messages are not eligible for the Synametrics Search Engine.
If you do not qualify, please do not use the Services and Software. Synametrics
Technologies may refuse the Services and Software to anyone at any time, at Synametrics
Technologies\u2019s sole discretion.
- SUBSCRIPTION FEES - The current Subscription Fees are available at
http://www.synase.com/Pricing.jsp , and are incorporated
herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Customer is responsible for paying all applicable taxes and for all hardware,
software, service and other costs you incur to access Synametrics Technologies's
servers. Synametrics Technologies may in its sole discretion add, delete or change
some or all of the Services and Software at any time. Synametrics Technologies, at
the beginning of each billing cycle, will attempt to charge the applicable fee to
your credit card on record for a period of three consecutive days until successful.
If after the third attempt Synametrics Technologies is unable to process your credit
card, your subscription will be suspend and you will be notified via email.
Service can be resumed once all dues are paid.
- PROPERTY RIGHTS - Customer acknowledges that Synametrics Technologies and/or
its licensors,owns all intellectual property rights in the Services and Software,
including all hardware and software components and any associated documentation.
The parties agree that, except as stated herein, this Agreement does not grant Customer
any rights to patents, copyrights, trade secrets, trade names, trademarks and service
marks (whether registered or unregistered), or any other rights, or licenses in respect
to the foregoing items of software or documentation.
- COPYRIGHT MATERIAL - Customer acknowledges that any public copyright material on
customer's website will be available to users on the Internet through Synametric's
website. Synametrics will *NOT* copy any material locally on their site, instead, will
provide links pointing to customer's website. The search site designed by Synametrics
will mimic the look and feel of customer's website. In certain cases, it may be necessary
to copy images, scripts and/or other static content, which may have a copyright, locally to
Synametrics's server. These images will only be used to provide searching
services to the customer and will be removed from Synametric's server upon termination
of this contract.
- TERM - This license is effective until terminated as set forth herein.
Synametrics Technologies may terminate this license upon fifteen (15) days notice to
You. You may terminate this license at any time by destroying all complete and partial
copies of the Product including backup copies. This license will also terminate
automatically upon conditions set forth elsewhere in this Agreement or upon failure to
comply with any term or condition. Upon any such termination, you must immediately
destroy all complete and partial copies of the Product, including all backup copies.
All paid packages will be billed a full month's service for any subscription that is
provided on a customer's site for not less than half of the terminated month's days.
Refunds for partial months / years service must be directed to the Support Department.
Service greater than or equal to half of the current month's days
constitutes a full month of service, and no refund will apply. Terminations occurring
before the first half of a month will be credited for the partial month's service
pro-rated across the average number of days the service was running. During the first
month of service, Synametrics Technologies will provide an unconditional 30 day money
- SYSTEM AND APPLICATION CHANGES - Synametrics Technologies reserves the right,
as reasonably necessary or
convenient for Synametrics Technologies\u2019s own purposes or to improve the quality of the
Services and Software to Customer, to change the rules of operation, accessibility
periods, Customer identification procedures, types of equipment utilized by Synametrics
Technologies, system interfaces, operating and other system and network software,
utilities and database software, and to implement enhancements or updates to the
Services and Software.
- PUBLICITY - Synametrics Technologies shall have the right to reference and
refer to its work for, and relationship with, Subscriber for marketing and promotional
purposes. No press releases or general public announcements shall be made without the
mutual consent of The Company and Subscriber.
- PERSONAL INFORMATION - Personal information includes any information Customer
provides to Synametrics Technologies during the Registration process. Synametrics
- SYSTEM INTEGRITY - Customer may not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Synametrics Technologies
sites or any account on those site. Customer may not take any action which imposes an
unreasonable or disproportionately large load on Synametrics Technologies's infrastructure.
Customer may not disclose or share their password to any third parties or use their
password for any unauthorized purpose.
- BREACH - Synametrics Technologies may immediately issue a warning, temporarily suspend,
indefinitely suspend or terminate Customer's membership if Customer breaches this Agreement
or if Synametrics Technologies is unable to verify or authenticate any information provided
by Customer during the Registration process.
- DISCLAIMER OF WARRANTIES - SYNAMETRICS TECHNOLOGIES EXPRESSLY DISCLAIMS ANY AND ALL
PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SYNAMETRICS TECHNOLOGIES
MAKES NO WARRANTY THAT SYNAMETRICS TECHNOLOGIES'S SERVICES WILL MEET CUSTOMER\u2019S REQUIREMENTS,
OR THAT SYNAMETRICS TECHNOLOGIES\u2019S SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE; NOR DOES SYNAMETRICS TECHNOLOGIES MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF SYNAMETRICS TECHNOLOGIES\u2019S SERVICES OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF SYNAMETRICS TECHNOLOGIES\u2019S
- PRIVACY STATEMENT - Synametrics Technologies is committed to honoring the privacy of its customers.
The Synametrics Registration process requires Customers to provide contact information
(i.e. name, address, etc.) that will be used to notify Customers periodically about their account.
When signing up for service, Synametrics Technologies will also require Customers to provide
financial information (i.e. credit card numbers). This information will be used to solely
bill the Customer for the Services and Software.
UNDER NO CIRCUMSTANCES WILL SYNAMETRICS TECHNOLOGIES SELL, TRADE, EXCHANGE, OR OTHERWISE
MAKE AVAILABLE, ANY PERSONALLY IDENTIFIABLE INFORMATION TO ANY THIRD PARTY, COMPANY, OR
As a part of the Services and Software, Synametrics Technologies will also collect
information and statistics regarding the usage of the Services and Software. This
information includes but is not limited to the date and time the Services and Software
are used, the search terms looked for, and the Internet address of the web site that is
using the Services and Software. This information will be used to analyze Synametrics
Technologies\u2019s web traffic.
- LIMIT OF LIABILITY - IN NO EVENT SHALL SYNAMETRICS TECHNOLOGIES BE LIABLE FOR
LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING,
INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
SYNAMETRICS TECHNOLOGIES\u2019S LIABILITY TO CUSTOMER OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES CUSTOMER PAID TO SYNAMETRICS
TECHNOLOGIES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
Some states do not allow the limitation of liability, so the foregoing limitation
may not apply to Customer.
- GENERAL COMPLIANCE WITH LAWS - Customer shall comply with all applicable laws,
statutes, ordinances and regulations regarding Customer\u2019s use of the Services and
- RELATIONSHIP - Customer and Synametrics Technologies are independent contractors, and no
agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
- GENERAL - This Agreement shall be governed in all respects by the laws of the
State of New Jersey as such laws are applied to agreements entered into and to be
performed entirely within New Jersey between New Jersey residents. Synametrics
Technologies does not guarantee continuous, uninterrupted or secure access to
Software and Services, and operation of Synametrics Technologies's sites may be
interfered with by numerous factors outside of our control. If any provision of
this Agreement is held to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent of such
section. Synametrics Technologies's failure to act with respect to a breach by Customer
or others does not waive Synametrics Technologies's right to act with respect to
subsequent or similar breaches. This Agreement sets forth the entire understanding and
agreement between Customer and Synametrics Technologies with respect to the subject
- DISCLOSURES - The services hereunder are offered by:
Synametrics Technologies Inc., located at
666 Plainsboro Rd, Suite 356
Plainsboro, NJ 08536
CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO
BE BOUND BY ITS TERMS AND CONDITIONS. IF APPLICABLE, "YOU" OR "YOUR" AS REFERRED TO IN
THIS AGREEMENT MEANS THE ENTITY OR COMPANY FOR WHICH THE SERVICES AND SOFTWARE IS
LICENSED PURSUANT TO THIS AGREEMENT. IN SUCH EVENT, CUSTOMER WARRANTS AND REPRESENTS
THAT AS THE INDIVIDUAL CLICKING ON THE "SUBMIT" BUTTON DURING THE REGISTRATION PROCESS,
CUSTOMER IS AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY.