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1) |
Acceptance
of Terms of Service Agreement
NetSync is provided free of charge to registered users
(each, a "User") under this Terms of Service
Agreement. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING
THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR
AGREEMENT TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT. |
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2) |
Registration
Information
Kaylon Technologies will not disclose any individual
User's name or email address without such User's prior written
consent, except to the extent necessary or appropriate to comply
with applicable laws or in legal proceedings where such
information is relevant. Kaylon Technologies reserves the right
to terminate any User's account if Kaylon Technologies learns
that such User has provided Kaylon Technologies false or
misleading registration information. |
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3) |
Modifications
of these Terms of Service Agreement
Kaylon Technologies may modify this Terms of Service
Agreement from time to time in its sole discretion. Kaylon
Technologies will provide Users with reasonable notice of any
such changes, and continued use of NetSync will be conditioned
upon each User's affirmative acceptance of any such changes. |
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4) |
Modifications
of NetSync
Kaylon Technologies may modify or discontinue NetSync (or
User's account) with or without notice to any User, without
liability to any User or any third party. |
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5) |
Account
and Password
User is responsible for maintaining the confidentiality of
its account username and password. User shall be responsible for
all uses of its account, whether or not authorized by User. User
agrees to immediately notify Kaylon Technologies of any
unauthorized use of its account. Kaylon Technologies reserves
the right to terminate any User's account if it becomes aware
and determines, in its sole discretion, that such User is
violating any of the foregoing guidelines. It is Kaylon
Technologies's policy to respect the privacy of its Users. |
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6) |
Disclaimer
of Warranties
USER EXPRESSLY AGREES THAT USE OF NETSYNC IS AT USER'S SOLE
RISK. NETSYNC IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. KAYLON TECHNOLOGIES INC. EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
KAYLON TECHNOLOGIES MAKES NO WARRANTY THAT NETSYNC WILL MEET
USER'S REQUIREMENTS, OR THAT NETSYNC WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; KAYLON TECHNOLOGIES INC. MAKES NO
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
NETSYNC OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH NETSYNC.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NETSYNC IS
AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. |
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7) |
Limitation
of Liability
KAYLON TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE USE OR THE INABILITY TO USE NETSYNC OR FOR
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH NETSYNC
OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF KAYLON
TECHNOLOGIES INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. |
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8) |
Indemnification
User agrees to indemnify and hold Kaylon Technologies Inc., its
parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of User's use of NetSync, the violation of this Terms of Service
Agreement by User, or the infringement by User, or any other
user of User's account, of any intellectual property or other
right of any person or entity. |
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9) |
Applicable
Law
This Terms of Service shall be governed by and construed in
accordance with the laws of the State of Pennsylvania, without
giving effect to its conflict of laws provisions. |
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