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Terms & Conditions

Updated 24 Jan 2020

THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) GOVERN YOUR USE OF THE SYMPHONYAI.COM WEBSITE, (OUR “WEBSITE”), WHICH IS OWNED AND CONTROLLED BY THE SYMPHONY INNOVATION, LLC (“SymphonyAI”).

BY ACCESSING AND USING OUR WEBSITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE. PLEASE NOTE THAT YOU ARE NOT ALLOWED TO ACCESS OR USE THE WEBSITE IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE. SymphonyAI RESERVES THE RIGHT TO MAKE CHANGES TO THESE TERMS OF USE AT ANY TIME. THE CHANGES WILL TAKE EFFECT UPON THEIR POSTING ON THE WEBSITE (UNLESS OTHERWISE NOTED IN SUCH CHANGES).

To understand our privacy practices, please review our Privacy Policy.

We advise you to print out these Terms of Use for your own records.

Your use of the Website

The content and materials published on this Website are provided by SymphonyAI as a service to its customers and may be used for information purposes only. SymphonyAI reserves the right to alter the Website or withdraw access to it at its sole discretion. Therefore, we recommend you consult these Terms of Use each time you use the Website.

The information and material contained on the Website is provided for general information only and is provided “as is”. In case this Website links to a page of a third party or a social media, such linking is solely for the convenience of users, and SymphonyAI assumes no responsibility for the content of third-party pages, social media, or any changes or updates to such sites and social media. When you access a non-SymphonyAI website, please understand that it is independent from SymphonyAI, and that SymphonyAI has no control over the content on that website. In addition, a link to a non-SymphonyAI website does not mean that SymphonyAI endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk. These websites or social media websites have their own terms of use and SymphonyAI does not accept any responsibility or liability for these policies. Such links should not be interpreted as endorsement or approval by us of those linked websites or social media and we will not be liable for any loss or damage that may arise from your use of them.

SymphonyAI does not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology platform in order to access the Website and you should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website or any connected server, computer, or database. You must not attack the Website via a denial-of-service attack. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Website, deep-link to any feature or content on the Website, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

No Users Under 18 Years Old

In order to access the Website, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Website or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact [email protected].

Disclaimer of Warranties

SymphonyAI DOES NOT WARRANT THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THIS WEBSITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY WEBSITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. SymphonyAI DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE, WEBSITE-RELATED SERVICES, AND LINKED WEBSITES. SymphonyAI DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY SymphonyAI ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.

Limitation of Liability

SymphonyAI AND ANY THIRD PARTIES MENTIONED ON THIS WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, WEBSITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, WEBSITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE WEBSITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF SymphonyAI TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $500 (FIVE HUNDRED DOLLARS).

Indemnification

You agree to defend, indemnify, and hold harmless SymphonyAI and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Website or any information posted on the Website; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to SymphonyAI or customer service or sales agent; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Website or any information on the Website, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

Intellectual property

SymphonyAI is the owner or licensee of all Intellectual Property rights in this Website and the material published on it and holds the copyright to the whole content of the Website. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of any part of the Website or its content in any form without the prior written permission of SymphonyAI is prohibited except as follows: You may download or print off copies of materials, information, data and other content included on the Website for your non-commercial personal use only. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way. SymphonyAI’s status (and that of any identified contributors) as authors of the content must always be acknowledged.

If you link to the Website (or if you share a SymphonyAI post on any other social media platform such as Facebook, LinkedIn or Twitter), you agree to do so in a way that is fair and legal and does not damage the reputation of SymphonyAI or its affiliates or take advantage of it. You also agree to do so in a manner which does not suggest any form of association, approval or endorsement on our part where none exists. The website or social media page in which you are providing the link must comply in all respects with our Content Standards set out below.

The Website contains corporate logos, product names, brands and other identification symbols that are either directly or indirectly proprietary trademarks or registered trademarks of SymphonyAI and may also contain trademarks or registered trademarks proprietary to third parties. Any and all unauthorized use of such trademarks is strictly prohibited. Use of the SymphonyAI logo may be allowed with SymphonyAI’s prior written consent, which consent will be granted at SymphonyAI’s sole and unfettered discretion.

Data protection

We collect and process your personal data in order to offer you our services. The processing of your personal data is done in accordance with the terms of the applicable Privacy Policy.

Governing law and jurisdiction

These Terms of use are governed by U.S. law. In the event of any matter or dispute arising out of or in connection with these Terms, you and we shall submit to the exclusive jurisdiction of the U.S. courts. In the event of any dispute or claim relating to the Website or these Terms of Use, you agree to resolution of such dispute in the state or federal courts located in and for Santa Clara County California, in accordance with California law.

Revisions; General

SymphonyAI reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between SymphonyAI and you pertaining to the subject matter hereof. In its sole discretion, SymphonyAI may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Website after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Website.

Contact

If you have any questions about the Terms of Use, please contact [email protected].

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