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Synergy Terms and Conditions
Last Update: August 08, 2015
Synergy is a platform that helps you share money with the community around you and borrow
from each other. Please read these Terms and Conditions (“Agreement” or “Terms”) carefully
before using the Services provided. Synergy is currently in beta, so some features may not be
functional and/or may not work exactly as planned. We hope to have a fully functioning mobile
application by Spring of 2016. We believe in full disclosure is you have any questions, please
contact us at synergyinfo@mail.com with any questions regarding this Agreement.
Synergy is owned by Ashia Thomson, MBA. ("Ashia," “Synergy,” “We,” “Our,” or, “the
Company”). Synergy is a U.S. company and is therefore governed by the laws of the US
government. This is a contract between you and Synergy. By accessing the portal, you signify
that you have read all of the Terms and agree to be bound by this Agreement. If you do not agree
with all of the terms and conditions in this Agreement, please do not use Synergy.
How it Works
Synergy allows a community of members to come together and help one another. Synergy offers
a 3 month trial for all users. During the trial period you are able to receive your funds back
interest and any fees that you have incurred as a result. Synergy makes no distributions during
the first 6 months this allows interest to build up that is accessible to each user in addition to the
contributed funds. Your participation in Synergy is expected to be at least 5 years more if you
decide to continue usage. Synergy allows 5 different users per 100 to withdraw times the amount
contributed, at the same time every month. Your withdrawal sequence is determined by sign up
time. Early Request for funds accepted, preference is given to those with referrals first then
longevity. You do not have to take your turn, If you choose to forgo your turn you can switch it
with another member or save it so that it can be used at any time that you choose. For referrals
users earn one USD per referral per year that they stay in the program. Refer over 100 people in
one year increase the interest received by 1% plus $1 per referral per year that they stay in the
program. Refer over 1000 in one year get a tablet plus 1% more interest plus $2 per referral for
as long as they are in the program. Refer over 10000 in one year get a free car plus $2 per
referral for as long as they are in the program.
Important Information
The following includes important information about the cost of using Synergy. These Fees may
differ in groups formed on Synergy before August 8, 2015. There are no fees for distributions.
We reserve the right not to fully distribute all interest gained from investing. Loans are to be paid
back within 6 months of withdrawal. A 6% fee will be assessed on month 7. If loan is not repaid
within 12 months, case will fall into Arbitration and all contributions forfeited. At signup up you
can select to forgo withdrawals for two years and receive a total of 15% interest. Early
Termination Without clause pre-approved is subject to all fees associated with the maturity of the
funds.
Referrals
Referrals are defined as any person using the program as an effect of another. Your referral must
tell us that they were referred by you. Referral Rewards may be directly deposited into your bank
account.
Fees and Charges
There are no fees to borrow funds. Unlike traditional Esusus, our fee is only 2.3%, 1% less than
traditional Esusus. This fee is deducted up front for maintenance, administration and management of
Synergy as an LLC. The investment fee is 1% of funds invested. Please note that not all funds are
invested this fee equates to approximately .06%, for a total fee of 2.36%.
How to Avoid Paying Late Fees
Your due date is always the same day of the month as your initial billing date. We will not
charge a late fee on a loan if you pay the entire balance before month 7.
Modification of Terms
Over time, Synergy may change or other factors may change that may make us amend these
Terms. We reserve the right to amend these Terms at any time, for any reason. If we amend the
Terms, we may inform you about the changes via email or other notification. By continuing to
access or use the Services after an amendment to these Terms, you are affirmatively accepting to
be bound to the new terms, which will apply to all access to and use of the Services thereafter.
You do not have to continue to use the services. If you do not agree to the new terms in their
entirety, stop using or accessing the Services.
Important Information About Borrowing with Synergy
When you initiate a borrow, Synergy will request your name, address, date of birth, and other
information that will allow us to identify you. Synergy may verify this information with you and
others, including verification services and financial institutions.
Privacy
Synergy takes privacy very seriously. We will not use your information for anything other than
the use of our services. We collect, use, secure, and share your personal information only with
the investment institution. For more information please email synergyinfo@mail.com.
Summary of Services
Synergy maintains a service that offers notification, accounting, and social networking services
to Synergy users. Synergy is neither a bank nor a financial institution.
Service-Specific Definitions
Synergy
Synergy is a platform that helps you share money with our community.
User
A user is anyone that accesses our Website, logs in through social media, or views a
group.
Member
A member is any user that joins and contributes to a group.
Contribution
A contribution is money you add to a group and make available to other members.
Credit Limit
The amount of accessible money in a member’s network based on their contribution and
their network’s borrowing.
Borrow
Requesting money from your network initiates a loan. A borrow is sets a schedule during
which you repay the members of your network. It also displays content created by the
user about their borrow to members of their network.
Repayment
Paying the full amount due in a monthly billing period constitutes a repayment.
Founder
A founder is a member or members that start a particular group.
Cash Balance
Your cash balance is the amount of funds held on Synergy that are not added to your
groups.
Stages of Participation
Joining a group
To join a group, you must contribute money to that group. Each User is assigned a group.
Inviting to a group
When you invite someone who joins a group, you initiate a trust request and agree to
share your contribution with them. In turn, they share their contribution with you and you
can borrow from each other’s contributions. In doing so, you acknowledge that you may
lose some or all of your contribution should a member you trust fail to repay. Therefore,
you should be careful to invite trusted individuals. Other members of the group also have
the ability to invite their people to join, contribute, and borrow.
Trusting a member
While you are in a group, you may agree to allow other members of the group to borrow
some or all of your contribution by trusting them. In doing so, you may borrow from their
contributions.
Borrowing from a group
If you initiate a borrow in a group, you need to share information about your borrow
which can be seen by members of your network, select a repayment time frame so
Synergy can send you payment reminders, verify your identity, and add your bank
account information.
Returning funds to a group
When you borrow funds from a group you will be given options as to how you may
return the funds including the frequency of reminders and repayment schedule for your
borrow. Funds are to be returned to a group with a borrowing fee.
Failure to return funds
Should you fail to return funds to a group, you may be subject to limitations and
restrictions on the Service, including but not limited to a reduction of your credits, the
inability to withdraw from groups, and other measures.
Starting a private group
To start a private group, you must contribute money, invite people you trust, and create
content differentiating your group. Before the group becomes active, two people must
join and contribute. You may control some elements of your group including how new
members may be invited and how much of the contributions pooled may be borrowed.
Your Credit Limit
The amount you can borrow from your network is influenced by a number of factors:
 Your contribution. You cannot borrow more than five times your contribution.
 Your outstanding balance. You cannot borrow against a contribution made while
borrowing that is equal to less than your outstanding balance.
By using Synergy you understand and agree that your balance may change dynamically and that
an amount available at one time may not be available at a future time based on the borrowing and
contributions of the members of your network as well as other factors associated with your
account. At the time you start using Synergy, you may be eligible to access a promotional credit
limit to try Synergy and learn how the platform works. This credit limit may also change
dynamically based on several factors set by Synergy.
Default
You will be in default if:
 You are more than 6 months overdue on a payment to your network
 Violate or are unwilling or unable to perform any element of this agreement
 Pass away or become incompetent
 Supply us with any misleading, false, incomplete, or incorrect information
 Give us a payment returned unpaid by your bank or financial institution for any reason
Effect of Default
If you are in default, we may suspend or close your Account, require you to pay the full amount
you owe immediately, or take any other action permitted by law. This may happen without prior
notice unless otherwise required by applicable law. If we exercise a default against you, this
Agreement will continue to apply to your account.
Refunds
Funds added to a group are non-refundable after the group has become active. It is the
responsibility of a member borrowing from their network to return the contributions other
members. If you add funds in error or accidentally duplicated your payment, contact
synergyinfo@mail.com with the amount and time of payment. Synergy is not liable or
responsible for refunds from active groups and the failure of payment processors or Synergy
members to deliver funds. Synergy may attempt to verify your identity and other information,
and we may delay, reverse, or refund any amount without notice or liability if we are unable to
verify any information to our satisfaction. If a Synergy is inactive for an extended period, the
funds may be automatically refunded.
Assumption of Risk with Synergy
Synergy is a platform that helps you share money with your community. However, the group
agreements, account statements, and other Synergy reminders are informal and not legally
binding contracts of any kind. We encourage you to take precautions when considering whether
to use Synergy, join groups, and particularly when trusting people, especially individuals you do
not know. Using Synergy involves the risk of loss of all of your principle contribution.
By participating in Synergy, you hereby acknowledge and agree that:
 Synergy, LLC. makes no representation, warranty, covenant or guarantee that any funds
withdrawn from a group will be repaid nor that any funds contributed will be removed or
refunded;
 The amount of risk your account is exposed to at one time may change at a future time
based on the borrowing and contributions of other Synergy members, both in your
network and not in your network. ;
 Given your financial situation and objectives, you will add only those amounts on the
Website that you can afford to lose;
 Transactions made through the Website are private — between you and the other
members of your Synergy and are not available to the public, therefore, they cannot be
considered as investments or financial instruments or securities;
 Synergy, LLC is not a party to, has no involvement or interest in, makes no
representations or warranties as to, and has no responsibility or liability with respect to
any communications, transactions, interactions, disputes, or any relations whatsoever
between you and any other participant, person, or organization that uses Synergy;
 Synergy, LLC does not investigate or verify the reputation, conduct, morality, or criminal
background of any Synergy participant. Further, you acknowledge and agree that you are
solely responsible for your access and use of Synergy; and,
SYNERGY, LLC ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES
RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE
WITHIN SYNERGY. YOU ASSUME ALL RISKS ASSOCIATED WITH USING SYNERGY.
Termination of Service
Your access to the Services or Website may be suspended or terminated at any time, for any
reason, at the Company’s discretion.
Restricted Activities
In connection with your use of the Website or the Services, or in your interactions with Synergy,
a user, or a third party, you will not:
 breach this Agreement or any other Agreement that you have entered into with the
Company;
 violate any law, statute, ordinance, or regulation;
 act in a manner that is defamatory, libelous, unlawfully threatening or unlawfully
harassing;
 provide false, inaccurate, or misleading personal information;
 register more than one Synergy account for yourself;
 send or receive what we reasonably believe to be potentially fraudulent funds;
 refuse to provide Synergy confirmation of your identity or personal information;
 use the Service to make transactions for the purpose of earning rewards, perks, miles,
points, etc. with your credit card, debit card, PayPal account, or bank account;
 take any action that imposes an unreasonable or disproportionately large load on our
infrastructure;
 facilitate any software that may damage, interfere with, intercept, or expropriate any
system, data, or information;
 take any action that may cause us to lose the services of our vendors or partners; or,
 use the Service to test credit card behaviors.
Taxes
You acknowledge that when you add funds to a group your funds may be withdrawn by other
members of the group. This transaction is not a donation. Synergy is not a charity and you are
not eligible to receive a tax deduction as might otherwise be available in connection with a
charitable contribution.
It is your responsibility to determine what, if any, taxes apply to the funds you add or withdraw,
and it is your responsibility to collect, report and remit the correct tax to the appropriate tax
authority. Synergy, LLC is not responsible for determining whether taxes apply to your
transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Dormancy Fee
If a Synergy member has been inactive for 18 continuous months (if the member has not logged
in), a dormancy fee of $5 per month may be charged until contributions and/or their cash balance
have been reduced to zero. You can stop the monthly charges at any time by logging into your
account or by contacting us at synergyinfo@mail.com. If you contribution has been borrowed by
a member, it will not be deemed dormant. If your contribution is in an active network (a network
where a transaction has occurred in the last 18 months), it will not be deemed dormant.
You will be sent a warning notice after 15 months of inactivity to inform you that your account is
dormant and a dormancy fee will soon be charged. The monthly dormancy fee is $5. If your
contribution and/or cash balance is less than $5, your contribution and/or cash balance will be
reduced to zero.
User Generated Content
By using Synergy you agree to not post or distribute:
 Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading,
or otherwise objectionable;
 Content that would constitute, encourage or provide instructions for a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate any local,
state, national or international law;
 Content that may impinge upon the publicity, privacy or data protection rights of others;
 Content that impersonates any person; or
 Content that, in the judgement of Synergy, is objectionable or which restricts or inhibits
any other person from using or enjoying Synergy or which may expose Synergy or its
users to any harm or liability of any type.
By using Synergy you grant Synergy a non-exclusive, royalty-free, transferable, sub licensable,
worldwide license to use, store, display, reproduce, modify, create derivative works, perform,
and distribute content you create for any purpose, including commercial purposes, and to
authorize others to do so.
You agree that you have the right to any content you create and that your content does not violate
the copyright, trademark, trade secret, or any other personal or proprietary right of any other
party.
Synergy takes no responsibility for, we do not expressly or implicitly endorse, and we do not
assume any liability from user generated content.
Limitation of Liability
If for any reason less than 100% of your added funds can be withdrawn, you agree that Synergy
shall have no liability. Therefore, you hereby release and forever hold harmless Synergy for any
loss you may incur.
You understand that any and all decisions made by you with respect to the Website and Services
are yours alone. Synergy cannot and does not verify the accuracy of information of users.
Synergy shall not be responsible, or have any duty or obligation to, or liability for:
 decisions or interactions resulting (directly or indirectly) from the use of our Services; or
 any damages, costs, losses or expenses a user incurs as a result (directly or indirectly)
from the use of our Services.
In addition, in no event will Synergy be liable to you or any third person for any damages, costs,
losses, or expenses, including any lost capital, or special, incidental, consequential, or punitive
damages arising from your use of the Website or Services, even if Synergy has been advised of
the possibility of such damages, costs, losses, or expenses.
To the extent permitted by applicable law, by agreeing to submit all disputes to binding
arbitration, you and Synergy hereby waive your right to a jury or court trial of any claim or cause
of action arising out of or based upon this agreement or any contemplated use herein, including
contract, tort, breach of duty and all other claims, except as specifically provided above. You
waive, to the maximum extent not prohibited by law, any right you may have to claim or recover,
in any legal action or proceeding, any special, exemplary, punitive or consequential damages.
Arbitration Agreement
Any and all disputes, claims, or controversies arising out of or relating to this Agreement, the
breach thereof, or any use of the Website (including all commercial transactions conducted
through the Website) ("Claims"), except for claims filed in a small claims court that proceed on
an individual (non-class, non-representative) basis, shall be settled by binding arbitration before
a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance
with its then governing rules and procedures, including the Supplementary Procedures for
Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and
Synergy waive all rights to a trial by jury in any action or proceeding involving any Claim. The
arbitration shall be held in San Francisco, California, and judgment on the award rendered by the
arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is
made pursuant to and in connection with a transaction involving interstate commerce, and shall
be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9
U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
Subject to the limitations set forth below, the arbitrator shall have authority to award legal and
equitable relief available in the courts of the State of California, provided that:
The arbitrator shall not have authority to award punitive damages; and
Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated
or joined with or in any arbitration or other proceeding involving a Claim of any other party. You
and Synergy agree that the arbitrator shall have no authority to arbitrate any Claim as a class
action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for
proceedings involving Claims shall be the courts of competent jurisdiction sitting within San
Francisco, California (the "Forum"), and the parties hereby waive any argument that any such
court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b)
you and Synergy waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration
in accordance with this Section, or initiates a proceeding involving a Claim under this Section
other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably
incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein
agreed.
Indemnity
You agree to indemnify and hold Synergy harmless from any loss, liability, claim, or demand,
including reasonable attorney's fees, made or incurred by any third party due to or arising
(directly or indirectly) out of your use of the Website or Services or arising from your breach of
this Agreement.
Severability
If any part of this agreement is held to be invalid or unenforceable, the provision shall be deemed
to be superseded by a valid enforceable provision in its place that closely matches the intent of
the original agreement, and all other parts of the agreement shall be enforced.
Exercise
You agree that the failure of Synergy to exercise or enforce any part of this agreement and terms
does not constitute a waiver of the rights of provisions of this agreement.
Entire agreement
These Terms comprise the entire agreement between you and Synergy, LLC with respect to the
above subject matter.

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Synergy Terms and Conditions

  • 1. Synergy Terms and Conditions Last Update: August 08, 2015 Synergy is a platform that helps you share money with the community around you and borrow from each other. Please read these Terms and Conditions (“Agreement” or “Terms”) carefully before using the Services provided. Synergy is currently in beta, so some features may not be functional and/or may not work exactly as planned. We hope to have a fully functioning mobile application by Spring of 2016. We believe in full disclosure is you have any questions, please contact us at synergyinfo@mail.com with any questions regarding this Agreement. Synergy is owned by Ashia Thomson, MBA. ("Ashia," “Synergy,” “We,” “Our,” or, “the Company”). Synergy is a U.S. company and is therefore governed by the laws of the US government. This is a contract between you and Synergy. By accessing the portal, you signify that you have read all of the Terms and agree to be bound by this Agreement. If you do not agree with all of the terms and conditions in this Agreement, please do not use Synergy. How it Works Synergy allows a community of members to come together and help one another. Synergy offers a 3 month trial for all users. During the trial period you are able to receive your funds back interest and any fees that you have incurred as a result. Synergy makes no distributions during the first 6 months this allows interest to build up that is accessible to each user in addition to the contributed funds. Your participation in Synergy is expected to be at least 5 years more if you decide to continue usage. Synergy allows 5 different users per 100 to withdraw times the amount contributed, at the same time every month. Your withdrawal sequence is determined by sign up time. Early Request for funds accepted, preference is given to those with referrals first then longevity. You do not have to take your turn, If you choose to forgo your turn you can switch it with another member or save it so that it can be used at any time that you choose. For referrals users earn one USD per referral per year that they stay in the program. Refer over 100 people in one year increase the interest received by 1% plus $1 per referral per year that they stay in the program. Refer over 1000 in one year get a tablet plus 1% more interest plus $2 per referral for as long as they are in the program. Refer over 10000 in one year get a free car plus $2 per referral for as long as they are in the program. Important Information The following includes important information about the cost of using Synergy. These Fees may differ in groups formed on Synergy before August 8, 2015. There are no fees for distributions. We reserve the right not to fully distribute all interest gained from investing. Loans are to be paid back within 6 months of withdrawal. A 6% fee will be assessed on month 7. If loan is not repaid within 12 months, case will fall into Arbitration and all contributions forfeited. At signup up you can select to forgo withdrawals for two years and receive a total of 15% interest. Early
  • 2. Termination Without clause pre-approved is subject to all fees associated with the maturity of the funds. Referrals Referrals are defined as any person using the program as an effect of another. Your referral must tell us that they were referred by you. Referral Rewards may be directly deposited into your bank account. Fees and Charges There are no fees to borrow funds. Unlike traditional Esusus, our fee is only 2.3%, 1% less than traditional Esusus. This fee is deducted up front for maintenance, administration and management of Synergy as an LLC. The investment fee is 1% of funds invested. Please note that not all funds are invested this fee equates to approximately .06%, for a total fee of 2.36%. How to Avoid Paying Late Fees Your due date is always the same day of the month as your initial billing date. We will not charge a late fee on a loan if you pay the entire balance before month 7. Modification of Terms Over time, Synergy may change or other factors may change that may make us amend these Terms. We reserve the right to amend these Terms at any time, for any reason. If we amend the Terms, we may inform you about the changes via email or other notification. By continuing to access or use the Services after an amendment to these Terms, you are affirmatively accepting to be bound to the new terms, which will apply to all access to and use of the Services thereafter. You do not have to continue to use the services. If you do not agree to the new terms in their entirety, stop using or accessing the Services. Important Information About Borrowing with Synergy When you initiate a borrow, Synergy will request your name, address, date of birth, and other information that will allow us to identify you. Synergy may verify this information with you and others, including verification services and financial institutions. Privacy Synergy takes privacy very seriously. We will not use your information for anything other than the use of our services. We collect, use, secure, and share your personal information only with the investment institution. For more information please email synergyinfo@mail.com. Summary of Services
  • 3. Synergy maintains a service that offers notification, accounting, and social networking services to Synergy users. Synergy is neither a bank nor a financial institution. Service-Specific Definitions Synergy Synergy is a platform that helps you share money with our community. User A user is anyone that accesses our Website, logs in through social media, or views a group. Member A member is any user that joins and contributes to a group. Contribution A contribution is money you add to a group and make available to other members. Credit Limit The amount of accessible money in a member’s network based on their contribution and their network’s borrowing. Borrow Requesting money from your network initiates a loan. A borrow is sets a schedule during which you repay the members of your network. It also displays content created by the user about their borrow to members of their network. Repayment Paying the full amount due in a monthly billing period constitutes a repayment. Founder A founder is a member or members that start a particular group. Cash Balance Your cash balance is the amount of funds held on Synergy that are not added to your groups. Stages of Participation Joining a group To join a group, you must contribute money to that group. Each User is assigned a group. Inviting to a group When you invite someone who joins a group, you initiate a trust request and agree to share your contribution with them. In turn, they share their contribution with you and you can borrow from each other’s contributions. In doing so, you acknowledge that you may lose some or all of your contribution should a member you trust fail to repay. Therefore, you should be careful to invite trusted individuals. Other members of the group also have the ability to invite their people to join, contribute, and borrow. Trusting a member While you are in a group, you may agree to allow other members of the group to borrow some or all of your contribution by trusting them. In doing so, you may borrow from their contributions. Borrowing from a group
  • 4. If you initiate a borrow in a group, you need to share information about your borrow which can be seen by members of your network, select a repayment time frame so Synergy can send you payment reminders, verify your identity, and add your bank account information. Returning funds to a group When you borrow funds from a group you will be given options as to how you may return the funds including the frequency of reminders and repayment schedule for your borrow. Funds are to be returned to a group with a borrowing fee. Failure to return funds Should you fail to return funds to a group, you may be subject to limitations and restrictions on the Service, including but not limited to a reduction of your credits, the inability to withdraw from groups, and other measures. Starting a private group To start a private group, you must contribute money, invite people you trust, and create content differentiating your group. Before the group becomes active, two people must join and contribute. You may control some elements of your group including how new members may be invited and how much of the contributions pooled may be borrowed. Your Credit Limit The amount you can borrow from your network is influenced by a number of factors:  Your contribution. You cannot borrow more than five times your contribution.  Your outstanding balance. You cannot borrow against a contribution made while borrowing that is equal to less than your outstanding balance. By using Synergy you understand and agree that your balance may change dynamically and that an amount available at one time may not be available at a future time based on the borrowing and contributions of the members of your network as well as other factors associated with your account. At the time you start using Synergy, you may be eligible to access a promotional credit limit to try Synergy and learn how the platform works. This credit limit may also change dynamically based on several factors set by Synergy. Default You will be in default if:  You are more than 6 months overdue on a payment to your network  Violate or are unwilling or unable to perform any element of this agreement  Pass away or become incompetent  Supply us with any misleading, false, incomplete, or incorrect information  Give us a payment returned unpaid by your bank or financial institution for any reason Effect of Default
  • 5. If you are in default, we may suspend or close your Account, require you to pay the full amount you owe immediately, or take any other action permitted by law. This may happen without prior notice unless otherwise required by applicable law. If we exercise a default against you, this Agreement will continue to apply to your account. Refunds Funds added to a group are non-refundable after the group has become active. It is the responsibility of a member borrowing from their network to return the contributions other members. If you add funds in error or accidentally duplicated your payment, contact synergyinfo@mail.com with the amount and time of payment. Synergy is not liable or responsible for refunds from active groups and the failure of payment processors or Synergy members to deliver funds. Synergy may attempt to verify your identity and other information, and we may delay, reverse, or refund any amount without notice or liability if we are unable to verify any information to our satisfaction. If a Synergy is inactive for an extended period, the funds may be automatically refunded. Assumption of Risk with Synergy Synergy is a platform that helps you share money with your community. However, the group agreements, account statements, and other Synergy reminders are informal and not legally binding contracts of any kind. We encourage you to take precautions when considering whether to use Synergy, join groups, and particularly when trusting people, especially individuals you do not know. Using Synergy involves the risk of loss of all of your principle contribution. By participating in Synergy, you hereby acknowledge and agree that:  Synergy, LLC. makes no representation, warranty, covenant or guarantee that any funds withdrawn from a group will be repaid nor that any funds contributed will be removed or refunded;  The amount of risk your account is exposed to at one time may change at a future time based on the borrowing and contributions of other Synergy members, both in your network and not in your network. ;  Given your financial situation and objectives, you will add only those amounts on the Website that you can afford to lose;  Transactions made through the Website are private — between you and the other members of your Synergy and are not available to the public, therefore, they cannot be considered as investments or financial instruments or securities;  Synergy, LLC is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes, or any relations whatsoever between you and any other participant, person, or organization that uses Synergy;  Synergy, LLC does not investigate or verify the reputation, conduct, morality, or criminal background of any Synergy participant. Further, you acknowledge and agree that you are solely responsible for your access and use of Synergy; and,
  • 6. SYNERGY, LLC ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE WITHIN SYNERGY. YOU ASSUME ALL RISKS ASSOCIATED WITH USING SYNERGY. Termination of Service Your access to the Services or Website may be suspended or terminated at any time, for any reason, at the Company’s discretion. Restricted Activities In connection with your use of the Website or the Services, or in your interactions with Synergy, a user, or a third party, you will not:  breach this Agreement or any other Agreement that you have entered into with the Company;  violate any law, statute, ordinance, or regulation;  act in a manner that is defamatory, libelous, unlawfully threatening or unlawfully harassing;  provide false, inaccurate, or misleading personal information;  register more than one Synergy account for yourself;  send or receive what we reasonably believe to be potentially fraudulent funds;  refuse to provide Synergy confirmation of your identity or personal information;  use the Service to make transactions for the purpose of earning rewards, perks, miles, points, etc. with your credit card, debit card, PayPal account, or bank account;  take any action that imposes an unreasonable or disproportionately large load on our infrastructure;  facilitate any software that may damage, interfere with, intercept, or expropriate any system, data, or information;  take any action that may cause us to lose the services of our vendors or partners; or,  use the Service to test credit card behaviors. Taxes You acknowledge that when you add funds to a group your funds may be withdrawn by other members of the group. This transaction is not a donation. Synergy is not a charity and you are not eligible to receive a tax deduction as might otherwise be available in connection with a charitable contribution. It is your responsibility to determine what, if any, taxes apply to the funds you add or withdraw, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Synergy, LLC is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction. Dormancy Fee
  • 7. If a Synergy member has been inactive for 18 continuous months (if the member has not logged in), a dormancy fee of $5 per month may be charged until contributions and/or their cash balance have been reduced to zero. You can stop the monthly charges at any time by logging into your account or by contacting us at synergyinfo@mail.com. If you contribution has been borrowed by a member, it will not be deemed dormant. If your contribution is in an active network (a network where a transaction has occurred in the last 18 months), it will not be deemed dormant. You will be sent a warning notice after 15 months of inactivity to inform you that your account is dormant and a dormancy fee will soon be charged. The monthly dormancy fee is $5. If your contribution and/or cash balance is less than $5, your contribution and/or cash balance will be reduced to zero. User Generated Content By using Synergy you agree to not post or distribute:  Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable;  Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;  Content that may impinge upon the publicity, privacy or data protection rights of others;  Content that impersonates any person; or  Content that, in the judgement of Synergy, is objectionable or which restricts or inhibits any other person from using or enjoying Synergy or which may expose Synergy or its users to any harm or liability of any type. By using Synergy you grant Synergy a non-exclusive, royalty-free, transferable, sub licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute content you create for any purpose, including commercial purposes, and to authorize others to do so. You agree that you have the right to any content you create and that your content does not violate the copyright, trademark, trade secret, or any other personal or proprietary right of any other party. Synergy takes no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability from user generated content. Limitation of Liability If for any reason less than 100% of your added funds can be withdrawn, you agree that Synergy shall have no liability. Therefore, you hereby release and forever hold harmless Synergy for any loss you may incur.
  • 8. You understand that any and all decisions made by you with respect to the Website and Services are yours alone. Synergy cannot and does not verify the accuracy of information of users. Synergy shall not be responsible, or have any duty or obligation to, or liability for:  decisions or interactions resulting (directly or indirectly) from the use of our Services; or  any damages, costs, losses or expenses a user incurs as a result (directly or indirectly) from the use of our Services. In addition, in no event will Synergy be liable to you or any third person for any damages, costs, losses, or expenses, including any lost capital, or special, incidental, consequential, or punitive damages arising from your use of the Website or Services, even if Synergy has been advised of the possibility of such damages, costs, losses, or expenses. To the extent permitted by applicable law, by agreeing to submit all disputes to binding arbitration, you and Synergy hereby waive your right to a jury or court trial of any claim or cause of action arising out of or based upon this agreement or any contemplated use herein, including contract, tort, breach of duty and all other claims, except as specifically provided above. You waive, to the maximum extent not prohibited by law, any right you may have to claim or recover, in any legal action or proceeding, any special, exemplary, punitive or consequential damages. Arbitration Agreement Any and all disputes, claims, or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Website (including all commercial transactions conducted through the Website) ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and Synergy waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in San Francisco, California, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement. Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of California, provided that: The arbitrator shall not have authority to award punitive damages; and Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Synergy agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
  • 9. For any Claims that are not subject to arbitration: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within San Francisco, California (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and Synergy waive any and all rights to trial by jury with respect to any Claims. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a Claim under this Section other than in the Forum, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this Agreement to arbitrate and the Forum to which the parties have herein agreed. Indemnity You agree to indemnify and hold Synergy harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made or incurred by any third party due to or arising (directly or indirectly) out of your use of the Website or Services or arising from your breach of this Agreement. Severability If any part of this agreement is held to be invalid or unenforceable, the provision shall be deemed to be superseded by a valid enforceable provision in its place that closely matches the intent of the original agreement, and all other parts of the agreement shall be enforced. Exercise You agree that the failure of Synergy to exercise or enforce any part of this agreement and terms does not constitute a waiver of the rights of provisions of this agreement. Entire agreement These Terms comprise the entire agreement between you and Synergy, LLC with respect to the above subject matter.