Cynch

Terms Of Use

Add Comment

Terms of Use These Terms of Use govern your access to and use of our website, mobile applications and any other online services (collectively, the “Services”) provided by AmeriGas Propane L.P. d/b/a Cynch or its legal affiliates (“Cynch” “we” or “us”), including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user. Please read the Terms of Use carefully before you start to use our Services. By using the Services, you agree to be bound and abide by these Terms of Use and our Privacy Policy (located at www.cynch.com) . If you do not agree to these Terms of Use and our Privacy Policy, or if you violate them in any way, your right to access or use the Services is terminated. Please see Section 11 below regarding restrictions on your legal rights in any dispute involving our Services, Terms of Use or Privacy Policy. You understand that we may revise and update these Terms of Use from time to time in our sole discretion. Where appropriate, we may seek to provide advance notice before updated Terms become effective. You agree that we may notify you of the updated Terms by posting them on the Services (such as on our website), and that your use of the Services after the effective date of the updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the updated Terms. It is your responsibility to check the Terms of Use posted on the Services periodically so that you are aware of any changes, as they are binding on you. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Cynch and meet all of the eligibility requirements in these terms. <ul> <li> PROHIBITED USES You agree not to use or access any of the Services: <ul> <li> In any way that violates any applicable federal, state, local, or international law, rule, or regulation (including, without limitation, any intellectual property laws or laws regarding the export of data or software to and from the US or other countries). </li> <li> To create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation </li> <li> To impersonate, attempt to impersonate, or falsely imply that you are associated with Cynch, a Cynch employee, Cynch’s URL or domain name, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing). </li> <li> Use the Services in any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm the Cynch or users of the Services and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature. </li> <li> To circumvent or disable any content protection system or digital rights management technology used with any Service. decompile, reverse engineer, disassemble or otherwise reduce any Services to a human-readable form. remove identification, or other proprietary notices. or access or use any Services in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. </li> <li> To create accounts or access data (including user information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper. </li> </ul> </li> <li> YOUR RESPONSIBILITIES <ul> <li> You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Cynch prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Cynch upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. </li> <li> You are responsible for keeping your password secret and secure. </li> <li> Cynch engages independent contractor drivers (“Drivers”) to complete Services. You agree that Cynch is not responsible or liable for the conduct of a Driver beyond the scope of the Services for which the Driver has been engaged by Cynch. </li> </ul> </li> <li> INTELLECTUAL PROPERTY RIGHTS <ul> <li> We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with this Terms of Use and our Privacy Policy. </li> <li> The Services contain content owned or licensed by Cynch, including name, logo, text, images, audio/visual works, icons and scripts (“Cynch Content”). Cynch Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Cynch, Cynch owns and retains all rights in Cynch Content and the Services. </li> <li> You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Cynch Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Cynch Content without the prior written permission of Cynch. </li> </ul> </li> <li> MONITORING AND ENFORCEMENT. TERMINATION We have the right to: <ul> <li> Modify or terminate the Services for any reason, without notice, at any time, and without liability to you. </li> <li> Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. </li> <li> Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. </li> <li> Force forfeiture of any username for any reason </li> </ul> </li> <li> LINKING TO THE SERVICES <ul> <li> You may link to our website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. </li> </ul> </li> <li> LINKS ON OUR SERVICES If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. </li> <li> SERVICES CONTENT <ul> <li> We may update the content in our Services from time to time, but it will not necessarily be complete or up-to-date. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material. </li> <li> The Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Cynch may place such advertising and promotions through the Services. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. </li> <li> You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such. </li> <li> Although it is Cynch’s intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. </li> <li> Cynch reserves the right to remove any content from the Services for any reason, without prior notice. Content removed from the Services may continue to be stored by Cynch, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. </li> </ul> </li> <li> GEOGRAPHIC RESTRICTIONS Cynch is based in the United States and provides its Services for use to persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. </li> <li> DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. Violation of these Terms of Use may, in Cynch’s sole discretion, result in termination of your account. You understand and agree that Cynch cannot and will not be responsible for the content posted on the Services and you use the Services at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Cynch, we can stop providing all or part of the Services to you. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, CYNCH OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CYNCH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CYNCH’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. CYNCH DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL CYNCH, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE CYNCH PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE CYNCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CYNCH does not endorse, APPROVE OR VERIFY ANY posted CONTENT on the SERVICES AND THE CYNCH PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SERVICES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES. FOR NEW JERSEY RESIDENTS: Notwithstanding any term herein, these Terms do not limit your rights or our obligations under any applicable statute or law, including types and amounts of recovery. nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct. nor do they disclaim our duty of care to our invitees. nor do they require you to defend and indemnify us in the event that any loss is caused by our negligence. </li> <li> INDEMNIFICATION You agree to indemnify and hold harmless the CYNCH Parties from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms of Use. You also agree to indemnify and hold harmless the CYNCH Parties from and against any and all claims brought by third parties arising out of your use of the SERVICES and the Content you make available via the SERVICES by any means, including without limitation through a posting, a link, reference to Content, or otherwise. </li> <li> GOVERNING LAW AND JURISDICTION At Cynch’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Pennsylvania law. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND CYNCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cynch agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. </li> <li> WAIVER AND SEVERABILITY No waiver by Cynch of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cynch to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. </li> <li> ENTIRE AGREEMENT The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Cynch regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. </li> <li> Your Comments and Concerns Please direct questions or concerns regarding these Terms of Use or the Services to Cynch at support@cynch.com or by mail to: Cynch General Manager, 460 North Gulph Road, King of Prussia, PA 19406. The effective date of these Terms of Use is June 1, 2019. </li> </ul>