Acceptable Use Policy
Effective September 1, 2011
THIS ACCEPTABLE USE POLICY IS A MATERIAL PART OF ANY AGREEMENT
WITH SYNKRO SOUTHWEST LLC FOR PROVISION OF ITS SERVICES TO BUSINESS
AND CONSUMER CUSTOMERS. PLEASE READ AND FOLLOW THIS ACCEPTABLE USE
POLICY CAREFULLY. THIS ACCEPTABLE USE POLICY MAY BE REVISED FROM
TIME TO TIME BY SYNKRO SOUTHWEST AS SET FORTH BELOW.
Synkro Southwest LLC and its affiliates (collectively "Synkro
Southwest") have designed this Acceptable Use Policy ("AUP")
governing Synkro Southwest's services (the "Services") to ensure
the integrity of its wireless broadband network and enhance the use
of the Services for all of Synkro Southwest's customers by
designating standards for acceptable and unacceptable use. This AUP
forms part of the agreement between Synkro Southwest and you and is
incorporated by reference into Synkro Southwest's Terms of Service
(the "Terms of Service") found at www.synkrosouthwest.com;
capitalized terms not defined in this AUP are defined in the Terms
of Service. BY USING THE SERVICE, OR ANY EQUIPMENT PURCHASED OR
RENTED BY YOU FROM Synkro Southwest (the "EQUIPMENT"), YOU AGREE TO
BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS OF THIS
AUP.
Prohibited or Actionable Activities.
To preserve the ability of all of its customers to use Synkro
Southwest's network and the Internet without interference or
harassment from other users, and as a condition of the Service,
Synkro Southwest prohibits you from engaging in the following
activities:
Unlawful or Improper Use of the Service.
You may not use the Service in a manner that is unlawful,
harmful to or interferes with use of Synkro Southwest's network or
systems, or the network of any other provider, damages, disables,
or impairs any Synkro Southwest property, interferes with the use
or enjoyment of services received by others, infringes intellectual
property rights, results in the publication of threatening or
offensive material, or constitutes spam or e-mail abuse, a security
risk or a violation of privacy. The Service is intended for
reasonable periodic, ordinary active use.
You may not use the Service to store, post, transmit, or
disseminate material or information that is unlawful, harmful,
threatening, abusive, harassing, libelous or defamatory, hateful,
obscene, indecent, or otherwise objectionable or which encourages
or participates in conduct that would constitute a criminal
offense, gives rise to a civil liability, or otherwise violates any
local, state, federal, or international law, order, rule, or
regulation.
Junk E-mail.
You may not use the Service to transmit or facilitate any
unsolicited or unauthorized advertising, telemarketing, promotional
materials, "junk mail", unsolicited bulk e-mail, unsolicited
duplicative e-mail, unsolicited commercial e-mail, fax
broadcasting, or fax blasting (collectively, "Spam"). Violation of
the CAN-SPAM Act of 2003, or any other applicable laws regulating
e-mail services, constitutes a violation of this AUP. Synkro
Southwest considers any unsolicited commercial mail to be Spam,
regardless of the amount of mail sent, unless the recipient has
specifically requested the information. An e-mail may be
"unsolicited" for purposes of this AUP if (1) the recipients'
e-mail addresses were not obtained through a personal or customer
relationship between recipient and sender, (2) recipients did not
affirmatively consent to receive communications from the sender, or
(3) recipients have opted out of receiving communications from
sender when given the opportunity to do so.
Fraudulent Activity.
You may not use the Service to make fraudulent offers to sell or
buy products, items, or services or to advance any type of
financial scam such as "pyramid schemes", "Ponzi schemes", or
"chain letters." You may not use techniques to hide or obscure the
source of any e-mail or other communication.
Impersonation.
You may not use the Service to impersonate any person or entity,
or falsely state or otherwise misrepresent your affiliation with
any person or entity, or to create a false identity for the purpose
of misleading others. Without limiting the foregoing, you may not
use invalid or forged headers, invalid or non-existent domain names
or other means of deceptive addressing.
Software Viruses
You may not use the Service to upload files or transmit any
material that contains viruses, worms, Trojan Horses time bombs,
cancelbots, corrupted files, or other code that manifests
contaminating or destructive properties. To protect our customers
Synkro Southwest does monitor Internet ports that are considered to
be security risks as determined by Synkro Southwest in its sole
discretion.
Collecting Information.
You may not use the Service to store or collect, or attempt to
store or collect, non-public personal information about third
parties without their prior knowledge and consent.
Excessive Utilization of Network Resources.
Wireless networks have capacity limits and all customers can
suffer from degraded or denied service when one or a small group of
users consumes disproportionate amounts of a wireless network's
resources. Synkro Southwest, therefore, will monitor both overall
network performance and individual resource consumption to
determine if any user is consuming a disproportionate amount of
available resources and creating the potential to unreasonably
disrupt or degrade the Synkro Southwest network or network usage by
others. Synkro Southwest reserves the right to engage in reasonable
network management to protect the overall network, including
detecting malicious traffic patterns and preventing the
distribution of viruses or other malicious code, and through
techniques such as limiting the aggregate bandwidth available to
bandwidth intensive users during periods of congestion. While the
determination of what constitutes excessive use depends on the
specific state of the network at any given time, excessive use will
be determined by resource consumption and not by the use of any
particular application. When feasible, upon observation of an
excessive use pattern, Synkro Southwest will attempt to contact you
by e-mail at the e-mail address on file or otherwise to alert you
to your excessive use of bandwidth and to help determine the cause.
Synkro Southwest representatives also are available to explain the
parameters of this AUP and the Accelerated Performance Services™ to
help you avoid another excessive use incident or to upgrade you to
a different class of Service that comports with your usage. If you
are unavailable or do not respond to Synkro Southwest's attempt to
contact you regarding excessive use, or if excessive use is ongoing
or recurring, Synkro Southwest reserves the right, set forth in the
"AUP Enforcement and Notice" provisions below, to act immediately
and without further notice to restrict, suspend or terminate your
Service.
Use of Your Account by Others.
You may not, through action or inaction, allow others to use the
Service for illegal or improper activities or for any purpose or in
any manner prohibited by this AUP nor may you reproduce, duplicate,
copy, sell, provision, resell, rent, lend, pledge, transfer,
distribute or exploit any portion of the Service or hardware
without Synkro Southwest's prior written consent . You may not
permit your network, through action or inaction, to be configured
in such a way that gives a third party the capability to use the
Service in an illegal or improper manner or for any purpose or in
any manner prohibited by this AUP.
Security Precautions.
You are solely responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Service for the reconstruction of any lost
data.
AUP Enforcement and Notice.
Customer's failure to observe the guidelines associated with
this AUP may result in Synkro Southwest taking actions that may
range from a warning to a suspension or termination of Service.
When feasible, upon observation of a violation of this AUP, Synkro
Southwest may attempt to contact you by e-mail at the e-mail
address on file or otherwise to notify you of the violation. Synkro
Southwest representatives also are available to work with you to
explain the parameters of this AUP and to help you avoid an AUP
violation.
Synkro Southwest reserves the right, however, to act immediately
and without notice to restrict, suspend or terminate Service, if it
reasonably determines that your conduct may: (1) expose Synkro
Southwest to sanctions, prosecution, civil action or other
liability; (2) cause harm to or interfere with the integrity or
normal operations of Synkro Southwest's network or networks with
which Synkro Southwest is interconnected; (3) interfere with
another Synkro Southwest customer's use of the Service; (4) violate
any applicable law, rule or regulation; or (5) otherwise present an
imminent risk of harm to Synkro Southwest or its customers. In the
event of termination of your Service, all applicable termination
charges will apply. Except as expressly provided herein, the rights
and remedies of Synkro Southwest are cumulative and not exclusive
of any rights or remedies that Synkro Southwest may otherwise have
at law or in equity. Waiver of any violation of this AUP by Synkro
Southwest shall not act as a waiver of any subsequent violation,
nor shall it be deemed to be a waiver of the underlying obligation
or term. No failure or delay by Synkro Southwest in exercising any
right or remedy hereunder will operate as a waiver thereof, nor
will any single or partial exercise of any right or remedy preclude
any other or further exercise thereof or the exercise of any other
right or remedy. Synkro Southwest has the right but not the
obligation to monitor or restrict any uses of the Service that
Synkro Southwest reasonably believes in its sole discretion
violates this AUP, any part of the Terms of Service, or applicable
law. You are solely responsible for all content that you transmit
or receive utilizing the Service, and are responsible for abuse of
your account by others.
Reporting Violations.
Synkro Southwest requests that any person who becomes aware of a
violation of this AUP report the information to Synkro Southwest
at. If available, please provide the IP address used to commit the
alleged violation and the date and time of the alleged violation.
Synkro Southwest may take any appropriate action as it reasonably
deems fit in its sole discretion, including, but not limited to,
one or more of the following actions in response to a report: issue
a warning; suspend the subscriber's account; terminate the
subscriber's account; bill the subscriber for administrative costs
and/or reactivation charges; bring appropriate legal action to
enjoin violations and/or to collect damages, if any, caused by
violations; or take no action.
Notices and Procedure for Making Claims of Copyright
Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2) (as
amended), notifications of claimed copyright infringement should be
sent to Synkro Southwest LLC, Attn: Copyright Infringements. Note
that inquiries relevant to the following procedure only will
receive a response.
Revisions; Reservation of Rights.
Synkro Southwest reserves all rights including the right to
revise, amend, or modify this AUP or any other Policy at any time,
by sending you an email notification to the email address
associated with your account, or by announcing any amendments or
modifications in the "Service Announcements" section of Synkro
Southwest's website: www.synkrosouthwest.com . Such amendments or
modifications will become effective on the date we send them to you
by email, or announce them on our website, whichever is earlier;
afterwards, your continued use of the Service or Equipment will
constitute your acceptance of any such amendments or modifications.
However, if you do not wish to continue Service after a change that
is materially disadvantageous to you, you may terminate this
Agreement by providing written notice to Synkro Southwest within
twenty (20) days of the effective date of the modification.
Synkro Southwest Wireless Broadband Internet Service
Agreement:
Copyright
ALL RIGHTS RESERVED. The entire content of this site, including
but not limited to text, design, graphics, interfaces, code, and
the selection and arrangement thereof, is protected as the
copyrights, trade dress, trademarks and other intellectual property
rights owned by LocaLoop, Inc and its affiliates.
The Synkro Southwest™ name and logo and other designated names,
marks, and phrases are trademarks of LocaLoop, Inc and its
affiliates.
Privacy Policy
Synkro Southwest is committed to protecting your privacy. Please
read this privacy policy statement carefully so that you understand
what kind of information we may gather about you, how we may use
that information, whether we may disclose it to anyone, and the
choices you have regarding our use of the information and your
ability to correct the information. We will not trade, sell, or
disclose to any third party any form of personally identifiable
information without your consent, including information derived
from registration, subscription, and use of the Synkro Southwest
service, except as stated below. This policy applies only to Synkro
Southwest, and not to other companies' or organizations' Web sites
to which we link.
The Information We Collect
The information Synkro Southwest gathers generally falls into
four general categories: (1) personal, business, and demographic
information you supply that we use primarily for evaluating
applicants and conducting market research; (2) information you
supply when you register or initiate transactions; (3) tracking
information gathered as you navigate online; (4) information
required to enable your use of certain applications. Some of this
information identifies a particular person, but much of it does
not. Third-party providers, whose sites are featured on and
accessed via our site, or third party manufacturers of devices that
can be used by you on our network, may gather information as
well.
When you interact with Synkro Southwest, when applying for
Synkro Southwest Service, for example, we may request some or all
of the following information:
1. Contact information (e.g., name, address, telephone number,
and e-mail address)
2. Credit card, debit card or check card and Synkro Southwest
account number
3. Driver's license
4. Company name (for corporate accounts)
5. Household characteristics (e.g., number of children and
number of Internet users)
6. Technology employed (e.g., type of Internet access and
specifications for your computer)
Why We Collect This Information
We need this information to process your application or service
order and to conduct market research. If we have trouble processing
your application or order, we use the contact information you
provide to get in touch with you. We also use your contact
information to provide you with Synkro Southwest updates or to
assist you with your wireless Broadband Internet service and to
inform you of new products or services that may be of interest to
you.
Use of Cookies
To help make our website more responsive to your needs, we use a
standard feature of browser software nicknamed "cookies." We use
cookies to help us tailor our website to your needs, to deliver a
better, more personalized service, and to remember certain choices
you've made so you don't have to re-enter them. A cookie is a text
file that is placed on your hard disk by a web page server. Cookies
cannot be used to run programs or deliver viruses to your computer.
Cookies are uniquely assigned to you, and can only be read by a web
server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a
convenience feature to save you time. For example, if you
personalize Synkro Southwest pages, or register with Synkro
Southwest sites or services, a cookie helps Synkro Southwest recall
your specific information on subsequent visits. This simplifies the
process of recording your personal information, such as billing
addresses, preferred email address, and so on. When you return to
Synkro Southwest, the information you previously provided can be
retrieved, so you can easily use the Synkro Southwest features that
you customized.
We use two kinds of cookies: (i) temporary or "session"-based
cookies that contain certain information about a user's or
visitor's use of our website at a particular time and (ii)
"persistent" cookies that contain certain account-related
information about a registered user's use of our website.
Session-based cookies are automatically disabled or deleted when a
user of or visitor to our website closes his or her browser
software at the end of session. Persistent cookies remain stored on
a registered user's computer system until he or she disables or
deletes them. Of course, if you set your browser not to accept
cookies or you delete them, you may not be able to take advantage
of the personalized features enjoyed by other visitors to and users
of our website.
Information Collected by Third Parties
Of course, our site includes links to other web sites, and
provides access to products and services offered by third parties,
whose privacy policies we don't control. In addition, some
manufacturers of devices that can be used on our network (whether
co-branded with the Synkro Southwest brand name or not) may include
in such devices software to monitor device usage and performance,
and an embedded web browser that can be remotely activated by the
manufacturer without your knowledge. Such browsers are typically
used by the manufacturer to remotely connect to devices in order to
send software updates or gather device performance data such as,
for example, session duration, or volume of bytes downloaded and
uploaded. In some instances manufacturers may share with Synkro
Southwest some or all of the information they collect (in which
case the shared information will be subject to Synkro Southwest's
privacy policy), however Synkro Southwest does not control how
those manufacturers may use information they collect and you should
check your device manufacturer's privacy policy. When you (a)
access another web site, purchase products or services or conduct
other transactions through a Web site linked to our web site, or
(b) use a device in which the manufacturer has embedded monitoring
software and a web browser, use of any information you provide or
which is otherwise gathered by such manufacturers is governed by
the privacy policy of the operator of the site you're visiting, the
provider of such products or services, or the manufacturer of the
device, as applicable. The provider's or manufacturer's privacy
practices may differ from ours, and we are not responsible for
their actions. Please be aware that these third-party sites or
manufacturers may also use their own cookies, web beacons or
third-party software or "spyware", for which we are also not
responsible.
Disclosure of Information
We consider the personal information contained in our business
records to be confidential. Synkro Southwest will not read, listen
to or disclose to any third parties private e-mail, conversations,
or other communications, except as described here, that are
transmitted using our services. We may sometimes disclose
information about you to our business partners or to others who
work for us. We may access and/or disclose your personal
information if required to do so by law or in the good faith belief
that such action is necessary to: (a) conform to the edicts of the
law or comply with legal process served on Synkro Southwest; (b)
protect and defend the rights or property of Synkro Southwest
including, without limitation the security and integrity of our
network; or (c) act under exigent circumstances to protect the
personal safety of users of our services or members of the
public.
As our business grows, we may buy or sell various assets. In the
unlikely event that Synkro Southwest, one of its business units, or
substantially all of its assets are acquired by another company,
information about our visitors would be among the transferred
assets.
Security
Synkro Southwest is committed to protecting the security of your
personal information. We use a variety of security technologies and
procedures to help protect your personal information from
unauthorized access, use or disclosure. For example, we store the
personal information you provide on computer systems with limited
access, which are located in controlled facilities. When we
transmit highly confidential information (such as a credit card
number) over the Internet, we protect it through the use of
encryption, such as the Secure Socket Layer (SSL) protocol. As
effective as modern security practices are, no physical or
electronic security system is impenetrable. We cannot guarantee the
complete security of our database, nor can we guarantee that
information you supply won't be intercepted while being transmitted
to us over the Internet. We have implemented strict internal
guidelines to ensure that your privacy is safeguarded at every
level of our organization. Synkro Southwest will continue to revise
policies and implement additional security features as new
technologies become available.
Location Information
To make wireless communications possible, Synkro Southwest's
network knows the general location of your wireless device whenever
it is turned on. Your wireless device sends out a periodic signal
to the nearest radio tower/cell site so that our network will know
where to route an incoming communication and how to properly bill
for the service. This is necessary to make wireless communications
possible.
Your location information will only be used to provide the
service(s) or carry out the transaction(s) you have requested or
authorized. LocaLoop does not and will not track your location, and
any request you make to determine your location will not be paired
with any information that identifies you personally.
Your wireless Broadband Internet service may also be
personalized using your zip code or other location identifiers that
you provided, such as an address. We use this information to serve
you relevant content, and we treat the information like any other
personal information under this policy.
The law permits us to disclose the call location of a device on
our network without a user's consent (1) to a user's legal guardian
or members of a user's immediate family in an emergency situation
that involves the risk of death or serious physical harm, (2) to
database management services or information providers solely to
assist in delivering emergency services, (3) if we reasonably
believe that an emergency involving immediate danger of death or
serious physical injury to any person requires or justifies
disclosure of a device's location on the network without delay, and
(4) in "aggregate" form. Aggregate data is collective data that
relates to a group or category of services or customers, from which
individual customer identities and characteristics have been
removed.
Synkro Southwest and Kids
Synkro Southwest takes care to protect the safety and privacy of
young people using our services, and encourages you to participate
in your child's experience in cyberspace. We do not sell products
or services to kids. Also, we do not knowingly collect personally
identifiable information from children and teenagers under the age
of 18 and Synkro Southwest does not wish to collect any such
information.
Parents, please note that if you grant consent for your child to
use our services, your child will be able to communicate with other
users of all ages. Before providing consent, please be aware that
your child will be able to disclose personal information (e.g.
name, address, e-mail, phone numbers) on his or her own. We
encourage you to talk with your children about communicating with
strangers and disclosing personal information online.
Federal law requires website operators who collect personal
information from children under the age of thirteen to first get
parental consent. Synkro Southwest will not knowingly link to any
third party web site that solicits or collects personally
identifiable information from minors.
Synkro Southwest Spam Policy
Synkro Southwest will deal with Spam complaints seriously and
will close spammer's customer accounts. We may use customer
information to investigate and prevent potentially unlawful
activity that threatens the service or network integrity or
otherwise violates the service agreement.
What Is Spam?
Spam is email that is sent against the wishes of the recipient.
There are two kinds. The first kind of spam concerns individuals
who email people that they don't know personally. The second type
of spam is sent by organizations to individuals who have not
expressed a desire to receive such communications. Both kinds of
spam are inappropriate.
Enforcement of this Privacy Statement
If you have questions regarding this statement, you should
contact Synkro Southwest.
Privacy Policy Changes
If we decide to change our privacy policy, we will post those
changes here so that you will always know what information we
gather, how we might use that information and whether we will
disclose it to anyone. By continuing to use Synkro Southwest after
we post any changes, you accept and agree to this privacy
statement, as modified. Of course, our use of information gathered
while the current privacy statement is in effect will be consistent
with the current statement, even if we change that statement
later.
Terms of Service
Wireless Broadband Internet Service Effective September 1,
2011
THIS WIRELESS BROADBAND INTERNET SERVICE AGREEMENT ("AGREEMENT")
IS BETWEEN YOU AND SYNKRO SOUTHWEST LLC ("Synkro Southwest"). THIS
AGREEMENT IS SOMETIMES REFERRED TO AS THE "TERMS OF SERVICE". BY
USING SYNKRO SOUTHWEST' WIRELESS BROADBAND INTERNET SERVICE (THE
"INTERNET SERVICE"), ANY RELATED OPTIONAL SERVICES (THE "OPTIONAL
SERVICES"), OR ANY EQUIPMENT PURCHASED OR RENTED BY YOU FROM SYNKRO
SOUTHWEST ("EQUIPMENT"), (THE INTERNET SERVICE AND THE OPTIONAL
SERVICES ARE COLLECTIVELY REFERRED TO AS THE "SERVICE"), YOU AGREE
TO BE BOUND BY AND COMPLY WITH THE FOLLOWING TERMS AND CONDITIONS
OF THIS AGREEMENT. THE ADDITIONAL TERMS STATED IN YOUR ORDER
CONFIRMATION (WHICH DETAILS THE SERVICE PLAN(S) YOU HAVE AGREED TO
PURCHASE) ARE INCORPORATED HEREIN BY REFERENCE AND ARE PART OF THIS
AGREEMENT. ALL PORTIONS OF THE TERMS OF SERVICE SET FORTH IN THIS
AGREEMENT APPLY TO THE SYNKRO SOUTHWEST PRODUCTS AND SERVICE,
UNLESS OTHERWISE SPECIFIED.
PLEASE READ THIS AGREEMENT CAREFULLY BECAUSE IT INCLUDES MANY
IMPORTANT TERMS, INCLUDING:
LIMITS AND DISCLAIMERS ON SYNKRO SOUTHWEST'S LIABILITY AND
WARRANTIES;
THE REQUIREMENT THAT YOU COMMIT TO A MINIMUM TERM OF SERVICE
FEES FOR EARLY TERMINATION;
THE REQUIREMENT THAT DISPUTES BE SETTLED BY ARBITRATION, AND NOT
BY LAWSUIT;
A WAIVER OF ANY RIGHT TO TRIAL BY JURY OR PARTICIPATION IN A
CLASS ACTION;
1. Agreement Governing Use of Service.
The current version of this Agreement (including the Service
Plans) can be found at www.synkrosouthwest.com. Synkro Southwest
reserves all rights including the right to revise, amend, or modify
this Agreement or any other policy at any time, by sending you an
email notification to the email address associated with your
account. Such amendments or modifications will become effective on
the date we send them to you by email afterwards, your continued
use of the Service or Equipment will constitute your acceptance of
any such amendments or modifications.
2. Term of the Service
Month to Month Subscriber - When you purchased a monthly
subscription, you will be able to use the Service for any
consecutive monthly period which has been paid in advance as
described in your Order Confirmation. For example, if you purchased
a month-to-month subscription and your billing cycle commences on
the eighth day of a particular month, then you will charged on the
eighth day of the following month and each month thereafter until
your Service is terminated.
Terms Applicable to Synkro Southwest Service Accounts
Subject to applicable law, you expressly agree that all
applicable monthly subscription and/or other fees and charges will
accrue until this Agreement has terminated, the Services have been
disconnected, and all rented Equipment has been returned to Synkro
Southwest. Monthly Service fees will not be pro-rated. Upon
termination or expiration of this Agreement for any reason, Synkro
Southwest and its suppliers reserve the right, to the extent
permitted by applicable law, to delete any voicemails, data, files,
electronic messages or other information stored on Synkro
Southwest's or its suppliers' servers or systems. Synkro Southwest,
its affiliates and their agents and suppliers will have no
liability whatsoever as the result of the loss of any such data,
names or addresses or other information.
From time to time, Synkro Southwest may reasonably require you
to cooperate with and consent to remote and/or on-site (i) service
level verification, and/or (ii) troubleshooting by Synkro
Southwest. You agree that failure to comply with our reasonable
requests constitutes grounds for termination of your Service.
4. Payments and Invoices/Metered Billing.
You will make payments to Synkro Southwest for the Service and
Equipment using your credit, debit, or other acceptable bank card
(the "Card"), check (AHS) or through an electronic funds transfer
("EFT") that debits funds directly from a bank account that you
designate (EFT not an option for Synkro Southwest Service accounts
at this time). You will ensure that the Card and/or EFT-related
information you have provided to Synkro Southwest is valid at all
times. Failure to provide valid Card information or Card status may
result in Service suspension or termination, late charges,
re-activation fees and other fees and charges attributable to you
as a result of your failure to timely pay your account balance(s).
Fees and charges for Service are contained in the Order
Confirmation and your invoice on "My Account" (My Account is Synkro
Southwest's web-based account tracking system that allows you to
view your account status, pay invoices, and make other changes to
your account profile at any time). As part of the order process, or
whenever you update your Card information on file with us, Synkro
Southwest will pre-authorize one or more charges on your account
with your Card. The charge will be related to the account
activation and for the estimated amount of the first month's
service + tax plus any fees for account setup, installation or
other fees which are fully disclosed at the time of purchase.
Thereafter, Synkro Southwest may or may not send you a reminder to
purchase another term of service on a monthly basis for the
Service, the Equipment (as applicable), including any Optional
Services (as applicable). Monthly charges will be automatically
charged to your Card or debited via EFT from your e-check account
on record, as specified in any applicable recurring payment plan
you enter with Synkro Southwest. You expressly agree that Synkro
Southwest may charge your Card all amounts associated with your
Synkro Southwest account. You will pay Synkro Southwest all
outstanding balances when due.
5. Billing Disputes.
You must notify Synkro Southwest in writing no later than thirty
(30) days after receiving your Card or bank account statement if
you dispute any Synkro Southwest charges on that statement or such
dispute will be deemed waived. Synkro Southwest will resolve all
billing disputes in its sole discretion.
6. Delinquency/Late Fees.
a. Accounts not paid in full by the due date are subject to
suspension or termination by Synkro Southwest. In addition, Synkro
Southwest may terminate your Service if your Card expires or the
bank account is closed or suspended and you have not provided
Synkro Southwest with a valid replacement Card or EFT-related
information. In the event of such suspension or termination by
Synkro Southwest, you will pay Synkro Southwest any outstanding
fees and all collection costs and fees, including reasonable
attorneys' fees and late fees, incurred or charged by Synkro
Southwest. Synkro Southwest may, but is not required to, reactivate
your Service after Service has been suspended or terminated. Before
Service may be reactivated, you must pay Synkro Southwest all past
due amounts and late payment fees plus a reasonable suspension
charge per account to cover Synkro Southwest's administrative costs
associated with the termination and applicable taxes.
b. All delinquent charges and charges not honored by your Card
issuer or bank will be subject to a late fee equal to 1.5% (or the
highest amount allowed by law, whichever is lower) of the
delinquent amount(s) or $5 per month (or portion of a month),
whichever is greater. Except to the extent prohibited by law, this
late fee may be charged pending the resolution of any disputes you
may have raised regarding your invoiced charges, provided however
that any disputed charges which are resolved in your favor will not
be assessed a late fee or have the late fee removed from the
charges.
7. Availability of Service/Variation of Performance/Maintenance
Outages.
You acknowledge that synKro Service, may not be available in all
areas, and even within coverage areas service availability,
quality, signal strength and network speeds may vary, be lower than
advertised or be insufficient for use of the Service. You agree to
provide Synkro Southwest with the correct address of your primary
place of use, which will be used to determine whether adequate
coverage is available. You further agree to promptly notify Synkro
Southwest of any changes in the primary Service address. In order
to provide the best possible service to its customers, Synkro
Southwest must perform maintenance on its network. In some cases
this may require Synkro Southwest to conduct either a planned or
unplanned interruption of the Service. Synkro Southwest will use
commercially reasonable efforts to schedule maintenance outages so
as to minimize the impact on its customers, but cannot guarantee
that your Service will not be interrupted, and cannot always give
advance notice of such outages. You acknowledge and agree that
Synkro Southwest shall not be responsible for any losses or damages
suffered by you as a result of any Service interruptions due to
maintenance outages. Please see Section 11 (Credits) and Section 21
(Limitation of Liability) of this Agreement for further
restrictions on Synkro Southwest's liability for Service outages.
Except as otherwise provided in this Agreement, no refunds or
credits will be made for any Service outages.
8. Equipment Provided - Rent.
If you rent any Equipment from Synkro Southwest, you must return
all rented Equipment in good working order upon the termination or
expiration of this Agreement or upon Synkro Southwest's request. If
you fail to return all rented Equipment in good working order,
reasonable wear and tear excepted, within thirty (30) days after
expiration of this Agreement or by the date otherwise specified or
requested by Synkro Southwest, you agree to pay Synkro Southwest a
"non-return" fee for such Equipment, which you acknowledge is a
reasonable estimation of the repair or retail value of the
Equipment. In addition, if you do not return the rented Equipment
to Synkro Southwest by the required date, you agree to continue
paying Synkro Southwest your monthly Broadband Internet Service
charges until you return the Equipment. You hereby irrevocably
authorize Synkro Southwest to charge such amounts (the cost of the
Equipment and the monthly Broadband Internet Service charges) to
any Card or bank account you provide or previously have provided to
Synkro Southwest for any purpose. You understand that this
authorization to charge your Card or bank account for failing to
return rented Equipment in good working order may not be revoked
even if you revoke authorization to charge your Card or bank
account for other purposes. Synkro Southwest may replace, upgrade,
repair, or otherwise modify any rented Equipment, and will repair
or replace (in Synkro Southwest's sole discretion) any properly
maintained rented Equipment that fails to operate as required for
the delivery of Service. You also acknowledge and agree that the
modem you are purchasing/leasing may be refurbished equipment, and
there shall be no offset, discount, or other reduction in purchase
or rent price. You may not modify rented Equipment in any way or
sell, encumber, or otherwise transfer the Equipment to others. This
section, including all authorizations herein, will survive
expiration or termination of this Agreement for any reason.
9. Equipment and Installation Warranty.
Synkro Southwest warrants to you that the Equipment and its
installation by Synkro Southwest will be substantially free from
material defects, under normal use in compliance with Synkro
Southwest's instructions, for a period of 90 days from the date you
receive the Equipment or installation ("Limited Warranty"). This
Limited Warranty excludes any defects resulting from abuse, misuse,
neglect, theft, vandalism, fire, unusual physical or electrical
stress, water, extremes of temperature, an act of God, your failure
to comply with Synkro Southwest's policies or other instructions
provided by Synkro Southwest, actual or attempted alteration of or
additions to the Equipment not approved by Synkro Southwest, or any
other cause beyond the reasonable control of Synkro Southwest, all
as determined by Synkro Southwest (collectively, "Excluded
Causes"). Repair or replacement, in Synkro Southwest's discretion,
of the Equipment and performance of the installation is Synkro
Southwest's only responsibility, and your exclusive remedy, for
breach of any warranty regarding the Equipment or the installation,
as applicable. This Limited Warranty is personal to you, and will
terminate immediately upon the sale or transfer of the Equipment or
expiration or termination of this Agreement.
10. Support.
You may elect to use the troubleshooting guides and user
information provided by Synkro Southwest or available at:
www.synkrosouthwest.com prior to contacting Synkro Southwest
Customer Service for assistance. In the event that you request a
service call to your Service location and Synkro Southwest
determines that the problem is your responsibility, you authorize
Synkro Southwest to charge your Card or bank account or require you
to otherwise pay for the cost of the service call.
11. Credits.
No credit or adjustment will be made for interruptions or
degradations of the Service except as provided for in this Section.
In the event of an interruption of the Service that continues for a
period of twenty-four (24) hours or more, a credit allowance will
be made for an amount not to exceed the prorated monthly charges
for your Service during the affected period provided that you
request the credit in writing within sixty (60) days of the
commencement of the interruption or degradation. The foregoing
credit will be your sole and exclusive remedy for any interruption
or degradation of the Service. No credit will be available if the
interruption period results from any Excluded Causes set forth in
Section 9 (Equipment and Installation Warranty) of this
Agreement.
12. Network Management.
You acknowledge that performance and bandwidth available to each
computer or device connected to the network may vary for reasons
including, but not limited to the number of users, computers or
devices connected to the network, the amount of data being
transferred over the network, and available bandwidth. You also
agree that Synkro Southwest reserves the right to engage in
reasonable network management to protect the overall network,
including detecting malicious traffic patterns and preventing the
distribution of viruses or other malicious code, and through
techniques such as limiting the aggregate bandwidth available to
bandwidth intensive users during periods of congestion. While the
determination of what constitutes excessive use depends on the
specific state of the network at any given time, excessive use will
be determined by resource consumption and not by the use of any
particular application. For further information, please refer to
Synkro Southwest's Acceptable Use Policy, which may be amended from
time to time.
13. Acceptable Use Policy.
The Acceptable Use Policy is incorporated into this Agreement as
though it is a part of the Agreement. Synkro Southwest reserves the
right to immediately restrict, limit, suspend or terminate your
Service or terminate this Agreement for any violation of the
Acceptable Use Policy, in which case you will forfeit any unused
internet time and will not be entitled to a refund.
14. Privacy.
Synkro Southwest's Privacy Policy describes how Synkro Southwest
may collect and use your personally identifiable and other
information.
15. Ownership; No Licenses.
The Service and rented Equipment, and any firmware or software
used to provide the Service, embedded in any Equipment, or used in
connection with the Service (collectively "Software"); all Service
information, documents and materials delivered to you by Synkro
Southwest or located on Synkro Southwest's website (collectively
"Information"); and all names, service marks, trademarks, trade
names, logos and domain names (collectively "Marks") of Synkro
Southwest are and will remain the sole property of LocaLoop, Inc.
and nothing in this Agreement grants you the right or license to
use any of such Software, Information, or Marks except for your
nonexclusive use of the Software and Information in connection with
your personal use of the Service in accordance with the
Agreement.
16. Tampering with the Equipment.
You must not use with the Service any Equipment that has an
altered electronic serial number or equipment identifier or any
Equipment that has undergone a factory reset without the express
written permission from Synkro Southwest. In addition, you may not
use with the Service any serviced, altered, modified, stolen, or
tampered Equipment, or permit any other person (unless authorized
in advance by Synkro Southwest in writing) to do so.
17. Theft of the Service or Rented Equipment.
You must notify Synkro Southwest immediately, in writing or by
calling Synkro Southwest Customer Service, if any rented Equipment
is lost or stolen or if you become aware at any time that the
Service is being stolen or fraudulently used.
19. Termination/Discontinuance of Service.
Synkro Southwest may suspend or discontinue providing the
Service generally, or terminate your Service, either in whole or in
part, at any time in its sole discretion. If Synkro Southwest
discontinues providing the Service generally or terminates your
Service for a reason other than your breach of this Agreement, you
will be responsible only for charges accrued through the date of
termination, including a pro-rated portion of the final month's
charges.
20. Disclaimer of Representations and Warranties.
THE ONLY WARRANTIES BEING MADE BY SYNKRO SOUTHWEST WITH REGARD
TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET
FORTH IN SECTION 9 OF THIS AGREEMENT. THE SYNKRO SOUTHWEST PARTIES
(AS DEFINED BELOW) DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND
WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR
ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY
STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT
EXPRESSLY INCORPORATED HEREIN, OR BY ANY SYNKRO SOUTHWEST EMPLOYEES
OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY
AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY SYNKRO
SOUTHWEST PARTIES. LOCALOOP DOES NOT AUTHORIZE ANYONE TO MAKE A
WARRANTY OF ANY KIND ON SYNKRO SOUTHWEST'S BEHALF AND YOU SHOULD
NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND
RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL
SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY
REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU
IN WHOLE OR IN PART.
21. Limitation of Liability.
(A) IN NO EVENT SHALL ANY OF THE SYNKRO SOUTHWEST PARTIES BE
LIABLE OR OBLIGATED IN CONNECTION THIS AGREEMENT, UNDER ANY THEORY,
WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR
PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE
THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES
PAID TO SYNKRO SOUTHWEST FOR THE APPLICABLE SERVICE OR EQUIPMENT
HEREUNDER DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING
THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF
PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR
RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED
OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET,
INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE
SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE
LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; (V) FOR ANY LACK OR
BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY
OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING
FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES
OUTSIDE SYNKRO SOUTHWEST'S REASONABLE CONTROL.
(B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY
WHETHER OR NOT SYNKRO SOUTHWEST WAS INFORMED OF THE LIKELIHOOD OF
ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS
ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR
EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH SYNKRO SOUTHWEST,
OR CLAIM AGAINST SYNKRO SOUTHWEST THEN YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL
BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED TO THE
AMOUNT AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE
LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN
REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO
YOU, IN WHOLE OR IN PART.
22. Complaint Resolution/Notices.
All complaints must be sent to Synkro Southwest Customer Service
at the address set forth at (www.synkro4g.com) or by calling (952)
236-7621. Synkro Southwest may require you to describe the
complaint in writing. Written notices to you from Synkro Southwest
will be deemed given: (i) when sent to the email address specified
on your Order Confirmation, or such other email address you specify
in writing, with at least thirty days prior notice, (ii) three (3)
days following the date deposited in the U.S. Mail addressed to
your last known address as kept in Synkro Southwest's files, or
(iii) the date of delivery or rejection when sent by a nationally
recognized courier. You are responsible for notifying Synkro
Southwest of any changes in your email and/or mailing address.
Written notice to Synkro Southwest will be effective when directed
to Synkro Southwest's Customer Service Department and received at
the address set forth at www.synkro4g.com. Except as provided in
this Agreement, notices must be in writing to be effective. You
also agree that all correspondence and notice sent to you by Synkro
Southwest, including account statements, account status, payment
and billing information, and changes to terms of service will be
sent by Synkro Southwest electronically to the last email address
provided by you.
23. Indemnification.
You will defend, indemnify, and hold harmless Synkro Southwest
and its affiliates, the agents and suppliers of each, and any of
their directors, officers, employees, agents, and shareholders and
any other service provider or supplier (collectively, the "Synkro
Southwest Parties") against any and all claims, losses, damages,
and liabilities arising from the use or misuse of the Service or
Equipment by you or by any person you allow to use the Service or
Equipment, or any breach of this Agreement by you or associated
with Synkro Southwest's installation of Equipment, including, but
not limited to, claims by any owner of the Service location. You
also agree to reimburse the Synkro Southwest Parties and pay each
Synkro Southwest Party's reasonable attorneys' fees and costs
related to defending such claims and related to enforcing this
Agreement, including any such fees incurred in connection with any
appeal. This section will survive termination or expiration of this
Agreement for any reason.
24. Assignment and Successors in Interest.
All of the provisions of this Agreement will be binding upon,
inure to the benefit of, and be enforceable against your respective
successors and permitted assigns. Except as specifically stated
herein, you may not assign this Agreement or any of your rights,
interests, or obligations without the prior written consent of
Synkro Southwest. Any such assignment without consent will be
void.
25. Entire Agreement/Severability.
This Agreement consists of these terms and conditions, the Order
Confirmation, and your Service Plan (each as they may be amended
from time to time) and represents the entire agreement and
understanding of you and Synkro Southwest regarding the subject
matter of this Agreement and supersedes all other representations,
whether electronic written, or verbal, regarding the subject matter
herein. In the event this Agreement is inconsistent with any
document incorporated herein by reference or any other agreement
between you and Synkro Southwest, this Agreement will control,
unless Synkro Southwest has expressly stated or agreed otherwise.
In the event that a court of competent jurisdiction determines, in
a final non-appealable judgment, that any provision of this
Agreement is invalid, illegal, or otherwise unenforceable, such
provision will be deleted and the remainder of this Agreement will
remain in full force and effect and shall be enforced as nearly as
possible in accordance with the stated intention of the parties
26. Arbitration; Choice of Law; Statute of Limitations; Jury and
Class Action Waiver.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE IN
WHICH YOU RESIDE WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL
DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO
MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT AND ANY ACTION TO
COLLECT AMOUNTS DUE TO SYNKRO SOUTHWEST UNDER THIS AGREEMENT, WHICH
MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE
SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL
RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN
EFFECT. THE PLACE FOR ARBITRATION WILL BE IN THE STATE WHERE THE
SERVICE IS PROVIDED. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH
THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL
CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE
BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON
ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING
COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY
ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO
ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE
TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE
ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR
PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS
AGREEMENT. YOU AND SYNKRO SOUTHWEST WAIVE ANY RIGHT TO TRIAL BY
JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE
SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES
ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS
ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER,
ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS
WITH CLAIMS OF ANY OTHER PERSON. YOU AND SYNKRO SOUTHWEST AGREE
THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS
AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM
ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS
AGREEMENT WILL PREVENT SYNKRO SOUTHWEST FROM SEEKING CONSERVATORY,
PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS
INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION
PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR
RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT
JURISDICTION. IN THE EVENT THAT ANY OF THE TERMS IN THIS SECTION 24
IS HELD TO BE IN CONFLICT WITH A MANDATORY PROVISION OF APPLICABLE
LAW, THE CONFLICTING TERM OF THIS SECTION 24 SHALL BE MODIFIED
AUTOMATICALLY TO COMPLY WITH SUCH PROVISION AND THE REMAINDER OF
THIS SECTION 24 SHALL NOT BE AFFECTED.
Visitor Agreement
Introduction
Welcome to the Synkro Southwest web site. This web site is a
service of Synkro Southwest and its affiliates ("Synkro
Southwest"). By using this web site, you agree to the terms of this
visitor agreement ("Visitor Agreement"). You should read this
Visitor Agreement carefully. If you don't accept the terms of this
Visitor Agreement, please don't use the Synkro Southwest web site.
Each time you use this web site in the future, you agree to the
terms of the Visitor Agreement as it exists at the time of your
use.
Use
You may view, copy or print pages from this site solely for
personal, non-commercial purposes, provided that you maintain all
copyright notices, trademark legends and other proprietary rights
notices. Any other use is prohibited. You may not use, modify,
copy, print, display, reproduce, distribute or publish any
information from this site for any other purpose without Synkro
Southwest's written permission. Synkro Southwest may make changes
to this site or to the services or products described in this site
at any time, without notice.
You shall not use this web site in any way that, as determined
by Synkro Southwest in its sole discretion, violates any applicable
law or any third party's property rights, or that restricts or
inhibits any other user from using this web site. You shall not
post on or transmit through this web site any unlawful, harmful,
threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially or ethnically
objectionable, or otherwise objectionable material of any kind,
including any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate applicable laws.
Any conduct, communication, or content that, in the sole
discretion of Synkro Southwest, (i) violates applicable law, or
(ii) is harmful or objectionable to individual users or to Synkro
Southwest, or (iii) infringes any rights of Synkro Southwest or any
third party, is prohibited. We cannot ensure prompt removal of
questionable content after online posting, however. Synkro
Southwest and its representatives do not assume liability for any
action or inaction with respect to conduct, communication, or
content on this web site.
Purchase of Service
All purchases and use of services or products through the Synkro
Southwest web site are governed by our Synkro Southwest Terms of
Service, our Acceptable Use Policy, and other policies set forth on
our web page. Please read them before making a purchase or any use.
To learn more about Synkro Southwest services and products, you can
visit our web site.
No Guarantee of Reliability or Security
We try to provide accurate information through our web site, but
we do not guarantee, and are not responsible for, information you
find on our web site. Synkro Southwest does not endorse any
particular third parties, or their sites, merely because we provide
a link to their web site.
Synkro Southwest uses reasonable precautions to protect the
privacy of your personal information, such as credit card and other
ordering information, but Synkro Southwest does not guaranty the
security of your information. Synkro Southwest utilizes a Secure
Socket Layer ("SSL") connection. Accordingly, your credit card and
other ordering information, such as your name and address, is
encrypted using the SSL connection and is not expected to be read
in an intelligible form as it travels to the Synkro Southwest order
processing system. If your browser does not support the use of an
SSL connection or if you prefer not to send your credit card number
over the Internet, you can place your order by calling Synkro
Southwest at (952) 236-7618. You must protect your username and
password. Please log off before closing the browser window if you
access your account from a public computer.
To obtain access to certain services through the Synkro
Southwest web site, you may be given an opportunity to register
with Synkro Southwest. As part of any such registration process,
you will select a member name and password. You agree that the
information you supply during that registration process will be
accurate and complete and that you will not register using a
fictitious name or under the name of, nor attempt to enter our site
under the name of, another person. Synkro Southwest reserves the
right to reject or terminate any member name that it deems
offensive. You will be responsible for preserving the
confidentiality of your password and will notify Synkro Southwest
of any known or suspected unauthorized use of your account.
Ownership of Information
"Synkro Southwest" and our logo are trademarks of LocaLoop Inc.
Corporation and/or its affiliates. All other trademarks, product
names, and company names and logos appearing on this web site are
the property of their respective owners. You must obtain permission
from those owners before copying or using the owner's trademarks,
product names and company names and logos.
The information, data, software, photographs, graphs, videos,
graphics, music, sounds, page headers, custom graphics, button
icons, and other materials contained in this web site
(collectively, the "Content") are protected by copyrights,
trademarks, trade secrets and other proprietary rights. These
rights are valid and protected in all forms, media and technologies
now existing or hereafter developed. In addition, this web site is
copyrighted as a collective work under the U.S. copyright laws, and
Synkro Southwest owns a copyright in the selection, coordination,
arrangement, and enhancement of all Content. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in
the transfer or sale of, create derivative works from, or in any
way exploit any of the Content, in whole or in part.
Content Submissions
Certain portions of this web site may allow you to post or
upload comments, messages, materials, information, or other content
(collectively, 'User Generated Content'). Synkro Southwest has no
obligation to review User Generated Content posted and/or submitted
by any persons accessing this web site. Synkro Southwest is not in
any manner responsible for User Generated Content, it does not
guarantee the accuracy, integrity or quality of User Generated
Content, and it cannot assure that harmful, inaccurate, deceptive,
offensive, threatening, defamatory, unlawful or otherwise
objectionable User Generated Content will not appear on this web
site. You acknowledge that by providing you with the ability to
access and view User Generated Content on this web site, Synkro
Southwest is merely acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any User Generated Content or activities of users on
this web site. Without limiting the generality of the foregoing,
you acknowledge and agree that the information, materials and
opinions expressed or included in any User Generated Content are
not necessarily those of Synkro Southwest.
You acknowledge and agree that Synkro Southwest has the absolute
right, but not the obligation, to monitor User Generated Content
posted to this web site in its sole discretion. In addition, Synkro
Southwest reserves the right to alter, edit, refuse to post, or
remove any such User Generated Content, in whole or in part, for
any reason or for no reason, and to disclose such User Generated
Content and the circumstances surrounding their transmission to any
third party. You agree that Synkro Southwest does not have any
obligation to use or respond to any User Generated Content.
You may not post or otherwise distribute User Generated Content
to this web site which Synkro Southwest in its sole discretion
determines to be abusive, harassing, threatening, defamatory,
obscene, an impersonation of others, fraudulent, deceptive,
misleading, in violation of a copyright, trademark or other
intellectual property right of another, invasive of privacy or
publicity rights, in violation of any of Synkro Southwest's other
rights, illegal, or otherwise objectionable to Synkro Southwest.
You may not upload commercial content on this web site or use this
web site to solicit others to join or become members of any other
commercial online service or other organization. You may be
required to register and/or agree to additional terms of use prior
to being permitted to post or otherwise distribute User Generated
Content to this web site. You shall indemnify and hold Synkro
Southwest harmless with respect to all claims resulting from User
Generated Content you supply.
Your User Generated Content is not confidential or proprietary.
When you post User Generated Content to this web site, you
authorize Synkro Southwest to make such copies thereof as it deems
necessary in order to facilitate the posting and storage of the
User Generated Content on this web site. You grant to Synkro
Southwest a non-exclusive, irrevocable, worldwide, perpetual,
royalty-free right to use, reproduce, distribute, transmit, create
derivative works, publicly display any of your User Generated
Content in any manner or media now or later known, including but
not limited to the right to sublicense and assign and commercialize
the User Generated Content without any compensation due to you.
Synkro Southwest does not assert any ownership over your User
Generated Content; rather, as between Synkro Southwest and you,
subject to the rights granted to Synkro Southwest in this Visitor
Agreement, you retain full ownership of all of your User Generated
Content and any intellectual property rights or other proprietary
rights associated with your User Generated Content.
You agree that you shall immediately notify Synkro Southwest in
writing of any objectionable content appearing on this web site.
Synkro Southwest will make good faith efforts to investigate
allegations that any User Generated Content violates this Visitor
Agreement but (a) makes no warranty to you that it will edit,
remove, or continue to permit the display of any specific User
Generated Content, whether or not subject to such allegations, and
(b) will have no liability whatsoever for editing, removing, or
continuing to permit the display of any User Generated Content. Any
use of any content on the Website, including without limitation
User Generated Content, will be at your own risk.
No Warranties
THE INFORMATION PROVIDED AT OR THROUGH THIS WEB SITE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER Synkro Southwest NOR IT AFFILIATES OR LICENSORS WARRANT
THAT THIS WEB SITE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR
FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE,
OR OTHER MATERIAL ACCESSIBLE AT OR THROUGH THIS WEBSITE ARE FREE
FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS
CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR
OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
This web site may be temporarily unavailable for scheduled or
unscheduled maintenance, equipment modifications or upgrades, and
for other reasons within and outside of the direct control of
Synkro Southwest. You are responsible for implementing sufficient
procedures to satisfy your particular requirements for the accuracy
of information obtained through this web site. Although Synkro
Southwest employs security measures, Synkro Southwest cannot
guarantee the security of this web site or information provided
through this web site, or viruses, worms, trojan horses or other
code that manifests contaminating or destructive properties will be
detected or remediated by Synkro Southwest.
Limitations on Synkro Southwest Liability
NOTWITHSTANDING ANYTHING ELSE IN THIS VISITOR AGREEMENT, NEITHER
Synkro Southwest NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE OR
OBLIGATED UNDER THIS VISITOR AGREEMENT OR UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF
THIS WEB SITE OR ACCESS TO THE INTERNET, FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR
FOR ANY LACK OR BREACHES OF SECURITY OF THIS WEB SITE OR STORAGE OF
YOUR DATA.
These limitations apply whether the claim is based on breach of
contract, breach of warranty, negligence, product liability, or any
other basis, and apply whether or not Synkro Southwest was informed
of the likelihood of any particular type of damages. If you are
dissatisfied with this web site, or if you have any other dispute
with Synkro Southwest relating to this web site, then your sole and
exclusive remedy is to discontinue using this web site. Some of the
disclaimers and exclusions in this Visitor Agreement may not apply
to you because some states do not allow the disclaimer of certain
warranties or the exclusion of liability for consequential or
incidental damages. In any such case, the liability of Synkro
Southwest shall be limited to the greatest extent permitted by
law.
Miscellaneous
This Visitor Agreement has been made in and will be construed in
accordance with the laws of the State of Minnesota. By using the
Synkro Southwest web site, you consent to the exclusive
jurisdiction of the state and federal courts in Minnesota, in all
disputes arising out of or relating to this Visitor Agreement and
your use of the synKro web site. Any cause of action or claim you
believe you may have with respect to the synKro web site or any
Synkro Southwest service or product obtained through the synKro web
site must be brought within one (1) year after the alleged claim or
cause of action arises. Any failure to insist upon or enforce
strict performance of any provision of this Visitor Agreement will
not be construed as a waiver of any provision or right. Neither the
course of conduct between the parties nor trade practice will act
to modify any provision of this Visitor Agreement.
We reserve the right to suspend service or deny access to our
site for any reason. Neither such termination of access, nor any
action or inaction by you or any other user of this web site, shall
suspend or terminate your obligations under this Visitor
Agreement.
Return Policy
SynKro Southwest offers a 30-day money back guarantee on
services and synKro devices - no questions asked!
We will uninstall the outdoor modem with minimal impact to your
premise and the device. If you are a Mobile customer, return your
USB modem to us, in like new condition, and we will refund the
purchase amount.
No refund on New account set up fee and Installation fee.
Refunds will be applied to the original payment method.
© 2011 Synkro Southwest LLC. All rights reserved.