I. Introduction

Welcome to the SynsorMed website.  These Terms of Use and Conditions (“Terms”) govern your use of the SynsorMed website (“Site”). We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the use of the changes made.  We do occasionally update these terms, so please refer to them in the future.

By using this website, you also hereby agree to take reasonable care to protect your personal information from becoming lost or stolen. We are not responsible for any breaches of confidentiality or security caused by you, or an independent third party. You expressly assume the risk of an unauthorized disclosure or intentional intrusion, or of any delay, failure, interruption, corruption of data, or other information transmitted regarding the use of our Application and any service related thereto.

The SynsorMed website contains software regulated by the U.S. Food and Drug Administration (FDA) as a medical device. However, the information provided in our Application and our Site are not intended, and shall not be construed, as medical advice, treatment advice or a diagnosis. Further, the SynsorMed website is not a substitution for consultations with a qualified healthcare professional who is familiar with your specific medical needs.  See section below “Disclaimers” for more details.

II. Access to Site

These Terms are only applicable to the use of our Site.  We do not assume liability concerning your usage regarding third-party websites or applications, as we have no control over third party operations. Thus, you should be sure to review any third-party website’s terms of use, conditions and privacy policies when you choose to browse our website through such a third-party application.


III. Privacy

We are committed to maintaining the privacy of your information. All information obtained by our website is subject to all applicable state and federal regulations which govern the security of the information received. 


IV. Use of Your Information

SynsorMed permits you to input data in data fields. Once you have transferred this information to our Site, the use and disclosure of this information is governed by all applicable state and federal laws. 

V. Use of Site and Application

Regarding information and/or data the that passes through the SynsorMed Application, the website, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions, and all other materials provided and shown are the exclusive property of SynsorMed, and are protected by Federal Copyright Laws. As such, it is agreed and understood that SynsorMed may use the said data and information for its own internal and marketing purposes. Information and other data owned by the “Covered Entity” as defined under standard HIPPA regulations, shall remain the property of the Covered Entity.

The contents of our Site and Application shall be used for informational purposes only.  Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly prohibited. 

Any other trademarks or service marks appearing anywhere on our Site or Application are the property of their respective owners.  To the extent any product name or logo does not appear with a trademark, does not constitute a waiver of any and all intellectual property rights that SynsorMed has established in any of its products, Site, Application, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site or Application for commercial profit or gain. Nothing in these Terms, or on the Site shall be construed as conferring any intellectual property or other proprietary rights to the user. By using this website, you agree to observe all copyright and other applicable laws, and may not use the content in any manner that infringes or violates the rights of any person or entity.  We hold all rights to the content on this Site.

Further, as a condition of usage, you agree not to use the website, or any of its contents, for any purpose that is unlawful in any state of competent jurisdiction. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party’s use and enjoyment of the Site or any contents or services.  You may not attempt to gain access to any portion of the Site or Application, or any of its contents or services, other than those for which you are authorized.   

While every effort is made to ensure the timeliness and accuracy of the Site and Application content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from such use. 

We make no representation or warranty, express or implied, with respect to the content of the Site or Application, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability.  We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site or Application, or the results to be obtained from using the Site or Application.  We make no representation or warranty that the Site or Application or content thereof is free from defects or viruses.  Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made to ensure that all content provided on the Site and Application do not contain computer viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for computer viruses to protect your computer or mobile device, by ensuring that you have a complete and current backup of the applicable items on your computer or mobile device.  We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site or Application.  While every effort is made to ensure smooth and continuous operation, we do not warrant the Site or Application will operate error free.

 VI. Site Uptime

We take all reasonable steps to ensure that our Site and Application are available 24 hours every day, 365 days per year. However, websites and mobile applications sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if our Site or Application is unavailable at any time. Our Site and Application may be temporarily unavailable due to issues such as system failures, maintenance or repair, or for reasons beyond our control. Where possible, we will give our users warning of maintenance issues, but shall not be contractually obliged to do so.

VII. User Conduct

When using our Site or Application, you shall refrain from posting or sending information to or from either the Site or Application:

 (a)        content for which you have not obtained all necessary consents;

 (b)        content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

Please be advised that we will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or details concerning any person posting materials to our Site or Application in breach of this Section.   

VIII. Disclaimers

AS STATED ABOVE, YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED THROUGH OUR SITE AND/OR APPLICATION IS PROVIDED “AS IS” FOR GENERAL INFORMATION ONLY AND IS NOT INTENDED, OR TO BE CONSTRUED, AS A MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS. You acknowledge that you understand and assume full responsibility for the risks associated with the use of our Site and/or Application and the services offered by each, and that the use of such is at your own risk. SynsorMed is not liable to you, or any third party, for any decision made or action taken by you or any third party based on information contained on our Site and/or Application and the services offered by each; or, due to reliance upon the information contained on our Site and/or Application and the services offered by each.

All information on our Site and Application is of a general nature and is furnished for your knowledge and understanding and as an informational resource only.  The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site and Application.  We may make improvements and/or changes to any of the products depicted or described herein at any time.  We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or the Application or reliance on the information from either.

IX. Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site and/or Application or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.


X. Applicable Law

Our Site and Application are created and controlled by the laws of the State of Florida and United States of America.  The Site and Application, and their contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Florida, and applicable United States Federal Laws.  Use of our Site and Application constitutes agreement of the user to the jurisdiction of the said state and federal courts located therein.

XI. General Terms

These Terms, together with the Privacy Policy and Notice of Privacy Practices, and any legal notices published by us on the Site or Application, shall constitute the entire agreement between us concerning use of the Site and Application.  If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. 

If a dispute arises from this Agreement, the Parties agree that arbitration will be used to resolve the issue. The arbitrator(s) shall be named by the American Arbitration Association, and the proceedings will be held in either Atlanta, Georgia or Tampa, Florida. For the arbitration hearing, a panel of three persons may be used. This panel will decide the issue between the Parties. The decision of the panel will be final and binding to the Parties. An appeal from this decision will only be permitted in the event it is found that the decision was grossly unfair or bias. A Clear and Convincing standard of proof will be required to find gross bias. The Parties agree that the losing party of the dispute will pay or reimburse the cost of the arbitration fees and attorney’s fees.