Synchrous Risk Management Terms of Use Policy
Welcome to the website for Synchrous Risk Management (“SRM”). Please read this Website Terms of Use Policy (this “Policy”) carefully. By using this website, you (the “User”) agree to follow the rules set forth on these web pages. From time to time we may change this Policy. If you continue to use this website after we make a change, it means you agree to the new rules.
Disclaimer of Liability. SRM is not responsible for any errors in content on this website or external links, or for inaccurate information provided by Users to SRM. Information on the website is subject to change without notice. Users visit this site at their own risk. SRM is not responsible for ensuring website compatibility with User’s computers or mobile devices. SRM is not responsible for any cyber attacks or viruses that third parties may attempt to attach to this Website. Users are responsible for the security of their own electronic devices. None of the content of this website is intended to constitute legal advice or any other advice of a professional nature. The content of this website should not be used as a substitute for professional advice. Personal circumstances vary and you should always consult your own attorney or other applicable professional for advice before making important decisions for yourself or your business. Your reliance upon the content of this website is solely at your own risk.
Permitted Uses. This website is provided only to assist Users in learning about SRM’s Services (the “Services”) and entering into SRM’s risk-sharing pools for public housing authorities and non-governmental owners of affordable housing properties. Your use of this website is contingent upon acceptance of all the terms and conditions of this website, including this Policy.
Prohibited Uses. Any acts that are unrelated to the purposes described in Section 2 are prohibited. Specifically, data-mining, hacking, phishing, copying, reproducing content from this website, using this website for unlawful purposes, and using this website for commercial purposes, is prohibited. Using another person’s personal information or their account without their permission is prohibited. SRM reserves the right to ban Users who violate this Section 3 and/or report any criminal activity involving the use of this website to the proper authorities.
Privacy Policy. Please visit our Privacy Policy for information on how SRM uses data to provide access to Users.
Ownership of Materials. SRM owns all the content on this website, except materials provided in links to external websites.
Governing Law. This Policy is governed by the laws of the United States and the state of Washington. Use of this website is unauthorized in any place that does not recognize the provisions of this Policy, including this Section 6.
User’s Warranties. By visiting this website, User warrants that they have the maturity and ability to use the website in compliance with this Policy. User agrees that they are responsible for their use of this website and for the use of their personal information. They warrant that all information supplied by User is accurate and true.
External websites. SRM provides links to other websites and does not warrant or guarantee the safety of external websites. External links are provided for Users’ convenience only. We are not responsible for and have no control over these other sites or their content or their policies.
No warranties. SRM makes no representations about the suitability of the information or software contained on this website for any purpose. All information and software are provided “as is” without any warranty. SRM disclaims all warranties and conditions that this website, servers, and communications with Users, are free of harmful viruses. SRM disclaims all warranties and conditions related to this information and software, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. WE CANNOT GUARANTEE OR WARRANT THAT THIS WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THIS WEBSITE ARE FREE FROM VIRUSES AND MALWARE. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM RESULTING FROM VIRUSES AND MALWARE.
WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE WEBSITE, NOR FOR ANY CLAIM, LOSS, OR INJURY THAT RESULTS FROM YOUR USE OF THIS WEBSITE, OR YOUR BREACH OF ANY PROVISION OF THIS POLICY.
Choice of Law. This Policy shall be subject to and governed by the laws of the state of Washington. Any dispute, controversy, or claim arising out of or in connection with or relating to this Policy or any breach or alleged breach hereof, will, upon the request of any party involved, be submitted to, and settled by, arbitration in Vancouver, Washington, pursuant to the American Arbitration Association rules of arbitration. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. In the event that neither party requests arbitration, User hereby consents to the exclusive jurisdiction of Clark County, Washington, Superior Court in any action on a claim arising hereunder.
Copyright. Except for links to external websites or where otherwise indicated, SRM owns or licenses the copyright to all the materials on this website, including graphics, logos, artwork, audio clips, video clips, text, photographs, and software (“Content”), and these rights are protected by U.S. copyright law. User has SRM’s permission to use the information on this website for non-commercial, educational purposes that constitutes “fair use” of the materials. User may not use any of the materials on our website for commercial purposes, including selling goods or services. User may not make any changes to our Content that would cause the Content to depart from SRM’s intent, mission, and purpose. User must obtain permission from third-party affiliates to use the articles and content that are shared on SRM’s website.
Comments. By submitting comments, photos, or similar public feedback (collectively “Feedback”), User grants SRM the irrevocable, transferable, non-exclusive right to use, reproduce, adapt, translate, display, or publish their Feedback. They agree that their Feedback is public, and not confidential or proprietary. By submitting any Feedback, User waives their right to privacy in that Feedback. User warrants that they have the authority to submit the Feedback and that they are not violating another person’s right to privacy by submitting that Feedback. They agree that they do not own any “moral rights” to their Feedback once submitted and that they have no objection to its use, modification, or publication by SRM. SRM, in its sole discretion, reserves the right to refrain from publishing your Feedback. By posting Feedback, User agrees to these terms. If User does not wish to accept these terms, then please refrain from posting Feedback. Users are responsible for the content of their Feedback and are prohibited from posting libelous, defamatory, obscene, explicit, violent, or other objectionable material that would violate any law or would infringe on another person’s privacy. Users are prohibited from posting any Feedback that infringes on the intellectual property rights held by another or posting commercial materials (solicitations, advertisements, marketing, etc.). Users are solely responsible for any damages resulting from a violation of the above restrictions. Users agree that SRM has the right to remove any Feedback submitted by them without notice.
Minors. PURSUANT TO THE CHILDREN’S ONLINE PRIVACY PROTECTION ACT (“COPPA”) ADMINISTERED BY THE U.S. FEDERAL TRADE COMMISSION, THE SERVICES ARE NOT INTENDED FOR USE BY PERSONS UNDER THE AGE OF THIRTEEN (13). IF YOU ARE 13 OR OLDER BUT NOT OF LEGAL AGE TO ENTER INTO A CONTRACT, YOU SHOULD REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND THESE TERMS AND CONDITIONS. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AFFIRM THAT YOU ARE EITHER OVER THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE, OR ARE AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT.
Trademarks. SRM logos and any other trademarks on this website (collectively “SRM Trademarks”) are SRM trademarks unless we explicitly state otherwise or unless we include the name or logo of a third-party affiliate, non-governmental organization, or charitable organization (“Third-Party Trademarks”). User may not use SRM Trademarks for any product or service or in any manner that is likely to cause confusion about whether SRM is the source, sponsor of, or is affiliated with of any product or service.
Limitation of Liability. AS A MATERIAL INDUCEMENT FOR SYNCHROUS TO PROVIDE THE SERVICES AND ACCESS TO THE WEBSITE, YOU AGREE THAT IN NO EVENT SHALL SYNCHROUS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE USE OF OR INABILIITY TO USE THE SERVICES PROVIDED BY SYNCHROUS, INCLUDING BUT NOT LIMITED TO ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE SERVICES, EVEN IF SYNCHROUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM LIABILITY OF SYNCHROUS, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, MEMBERS, EMPLOYEES, AND AGENTS, TO YOU FOR DAMAGES ARISING OUT OF OR RELATING TO ANY LEGAL CLAIMS OR CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE ACTUAL FEES YOU PAID SYNCHROUS FOR THE SERVICES.
Indemnification. You shall indemnify, defend and hold harmless Synchrous and its officers, directors, shareholders, managers, members, employees, and agents (“Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) your breach of this Agreement; (ii) your violation of law; (iii) any damages resulting from your negligent acts, omissions, or willful misconduct; (iv) your access to or use of any third party content; (v) or your violation of the rights of a third party. You will promptly notify Synchrous in writing of any third-party claim arising out of or in connection with your access to or use of the Services. These obligations will survive the termination of the Agreement.
Severability. If any part of this Policy is found to be void, the remaining provisions of this Policy will nevertheless be binding with the same effect as those the void parts were deleted.
Cooperation with Law Enforcement. This Policy is subject to the laws of the United States and Washington, and nothing in this Policy limits SRM’s duty to comply with law enforcement requirements or investigations relating to their use of this website. User agrees that they will bring any legal claims arising from the use of this website within two (2) years from the date their claim arose or such claim will be irrevocably waived.
Entire Agreement. This Policy constitutes the entire agreement between User and SRM regarding the use of this website, and it supersedes all prior and contemporaneous communications, whether oral, written, or electronic, between SRM and User pertaining to this website.
Termination. We reserve the right to terminate this website and this Policy at any time without notice for any reason