Please read this agreement ("Agreement") carefully before using our mySYNCH web application at https://mysynch.parnell.com ("mySYNCH"). By accessing or using mySYNCH or clicking the "I Accept" button below, you agree to be bound by this Agreement and all of its terms without change. This agreement is between Parnell, you the user, and, if you are using mySYNCH on behalf of a company, veterinary practice or other organization, each such company, practice or organization will also be considered a party to this Agreement (collectively the "Organization"). THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
Neither Parnell nor its representatives are engaged in rendering legal services or other such advice. Your use of mySYNCH is subject to the additional disclaimers and notices that may appear throughout the application.
Due to differing regulatory regimes in various countries the information contained in mySYNCH, including educational materials and recommendations, is provided for general information purposes only and should not be relied upon to make specific diagnostic or prescribing decisions. Animal owners should always consult their consulting veterinarian on any animal health matter. Veterinarians should always refer to the full Product Information leaflets for relevant products. If you are a veterinarian and you require further information, please use the CONTACT US page to contact Parnell in your relevant country.
Parnell and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on your use of mySYNCH or the information available on mySYNCH. While we strive to keep the information on mySYNCH accurate, complete and up-to-date, Parnell and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information provided in mySYNCH. mySYNCH imports data from third party herd management applications such as Dairy Comp 305. mySYNCH does not guarantee the accuracy, completeness or timeliness of such third party data.
We grant you access to mySYNCH during the term of this Agreement solely to use the mySYNCH data and platform to support farms that you or your Organization(s) own or operate ("Farms"). You may access, download, and print materials as necessary to receive the mySYNCH data for use in your operation. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from mySYNCH. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of mySYNCH without our prior written permission. You will comply with all privacy laws.
All materials on mySYNCH (as well as the organization and layout of mySYNCH) are owned and copyrighted, licensed by, or used with permission that is granted to Parnell. No reproduction, distribution, or transmission of the copyrighted materials on mySYNCH is permitted without the prior written permission of Parnell.
Your Account and User Access
If you use mySYNCH, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a User of mySYNCH is terminated, you will (i) stop using mySYNCH and any information obtained from the mySYNCH, and (ii) destroy all copies of your account information, password and any information obtained from mySYNCH.
If you own or operate multiple Farms, you may import data from those Farms to create a multi-farm view within mySYNCH. By using the multi-farm view feature of mySYNCH, you represent and warrant that you have the authority to import and combine data from such Farms and your Organization(s).
You may grant access to farm administrators, veterinarians, and other users of your choice associated with your operation ("Users"). By granting mySYNCH access to Users, you represent and warrant that you have the authority to grant such access and to terminate such access. You are responsible for all activities conducted by Users on mySYNCH. Designated Users are provided different use and access rights within mySYNCH such as dashboard access, audit report creation, editing and deletion, and read-only access.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization or authorized Users. You will not use or permit the use of any Confidential Information except as necessary in connection with the services. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. "Confidential Information" means all information or material that: (i) is obtained from password protected portions of the website or (ii) which is (A) marked "Confidential," "Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
No Unlawful or Prohibited Use
As a condition of your use of mySYNCH, you warrant to Parnell that you will not use mySYNCH for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use mySYNCH automatically ends.
You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on mySYNCH or accessed through mySYNCH. You may not republish Parnell content or other content from mySYNCH on another website or application or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to mySYNCH. You represent and warrant that you use frequently updated, commercially standard virus protection software to ensure that the system you use to access mySYNCH is virus free.
If you are under the age of 13, you may not use mySYNCH.
You further agree not to:
- use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a User of mySYNCH;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- take any action that imposes an unreasonable or disproportionately large load on mySYNCH's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of mySYNCH or any activity being conducted on mySYNCH;
- allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of mySYNCH;
- use mySYNCH for any purpose that is unlawful or prohibited by these terms, conditions, and notices;
- interfere with any other party's use and enjoyment of mySYNCH;
- attempt to gain unauthorized access to mySYNCH, mySYNCH's systems or other user accounts through hacking, password mining or any other means; or
- obtain or attempt to obtain any materials or information through any means not intentionally made available through mySYNCH.
Your Organization(s), at its or their own expense, will indemnify, defend and hold harmless Parnell, its affiliates and any third-party service providers and third-party beneficiaries to this Agreement and their employees, directors, officers, representatives, agents and affiliates against any claim, suit, action, loss, damage, penalty, expense (including reasonable attorney’s fees and costs), or proceeding (collectively, “Loss”) arising from or related your use of mySYNCH or the use of any authorized User of mySYNCH in any manner inconsistent with or in breach of this Agreement. You will not enter into a settlement or compromise of any Loss without Parnell's prior written consent.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF mySYNCH IS AT YOUR SOLE RISK. mySYNCH IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PARNELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF mySYNCH 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.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PARNELL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE mySYNCH; (ii) THE FAILURE OF mySYNCH TO INTEGRATE WITH OR IMPORT DATA FROM YOUR HERD MANAGEMENT SYSTEM; (iiI) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON mySYNCH; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON mySYNCH; OR (v) ANY OTHER MATTER RELATING TO mySYNCH. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR YOUR mySYNCH SUBSCRIPTION DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM OR $100, WHICHEVER IS GREATER.
Links to Third Party Sites
Links to Our Website
Use of Submissions
Should you respond with information including feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information.
Changes to mySYNCH
We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.
We may suspend or terminate your access to mySYNCH and that of any authorized Users if you breach the terms of this Agreement, you fail to pay any applicable subscription fee, or if mySYNCH determines in its sole discretion that your use of mySYNCH presents a threat to the security of mySYNCH or Parnell's systems.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, Parnell retains the right to forward them to the AAA on the your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Parnell retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by Parnell to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
Parnell, mySYNCH and other logos, product and service names are trademarks and service marks owned by or licensed to Parnell or its affiliates (the "Marks"). Without the prior written permission of Parnell, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
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