Synvestor® - General Terms and Conditions of Use

General Terms and Conditions of Use

Ownership and Content Management of the website.
Terms and conditions of Use.
Agreement to terms of Use.

Terms and conditions of use apply to the Synvestor® website located at www.synvestor.nl and all associated sites linked to the name SYNVESTOR®, its subsidiaries and / or its participations, internationally protected by the trademark in the Benelux and several other countries. All together also referred to as: ?the Site?.
See also for the exact number of countries (9) the website of WIPO www.wipo.int under Trademarks, Madrid Express Structured Search, Simple Search and type in the name SYNVESTOR in the specific field.
For more information about the protection of the name in England please take a look at the website of the UK Patent office at www.patent.gov.uk.
The use by third parties of the name SYNVESTOR® in the above mentioned countries in any form or application whatsoever without prior written consent of the holding company in the Netherlands is strictly prohibited and punishable by law or other authority. The fact that Synvestor® (in)directly has not been taken legal steps against infringements on these legal rights does not imply that we tolerate such things, domain-names on the internet not excluded.
Our omission of expected action to enforce the performance of these trademark-laws shall not be construed as a waiver by Synvestor® or any provision or any right we have to enforce the above mentioned laws.
The Site is the property of Synvestor® (Vastgoed) Holding B.V. and its possible licensors. By using the Site you agree to these terms of use, if you do not agree please do not use the Site any longer.
Synvestor® reserves the right, at its sole discretion, to modify, change, add or remove portions of these terms of use, at any time and it is your own responsibility to check these terms of use periodically for mutations etc. Your continued use of the Site following the above mentioned changes will mean that you accept and agree to the changes and as long as you comply with these terms of use, Synvestor® grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Privacy policy Synvestor®
Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. See also Synvestor?s Privacy Policy separately on the Site. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Content
Trademarks, logos, text, graphics, user - and visual interfaces, photographs, music, artwork and computer code (collectively referred to as the Content of the Site), including but not limited to the webdesign, webstructure, selection, coordination, expression, and / or arrangement of this Content, contained on the Site is owned, controlled or licensed by or to Synvestor®, (Vastgoed) Holding B.V. and is protected by trademark laws, copyright, patent and various other intellectual property rights.
Except as expressly provided in these terms of use, no part of the Site or content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ?mirroring?) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Synvestor?s prior written consent.
You may use information on the services of Synvestor® and products purposely made available by us for downloading from the Site, provided that you not remove any proprietary notice language in copies of such documents, use such information only for your personal, non-commercial purpose and do not copy or post such information on any networked computer or broadcast it in any media, make no modifications to any of such information, and not make any additional representations or warranties relating to such information or documents.

Other Terms and Conditions
If there is a conflict between these terms of use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Synvestor?s obligations, if any, with regard to its services and products are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to change such agreements.
The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:
- Trademark Information
- Copyright Information
- Legal contacts
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site. Synvestor® may change the composition of any product(s) or service(s) offered on the Site, or to the applicable price(s) for any such product(s) or service(s), at any time, without notice.
Additional terms and conditions may apply to services and to specific portions or features of the Site, including other features, all of which terms are made a part of these terms of use by this reference.
You agree to act in accordance with such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature.
Material(s) on the Site, with respect to products and services, may be out of date and Synvestor® makes no commitment to update material(s) on the Site with respect to such products and services.

Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Synvestor®-server, or to any of the services offered on or through the Site, by hacking, password ?mining? or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
You may not use any ?deep-links? or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or go around the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Synvestor® reserves the right to stop any of such activity.
You may not trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Synvestor®, including any Synvestor® account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to this Site or to Synvestor® Holding B.V.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person?s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to give a different appearance to the origin of any message or transmittal you send to Synvestor® on or through the Site or any service offered on or through the Site.
If you use the Site you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Synvestor® and others.

Security, Accounts, Passwords and Usernames
Certain features or services offered on or through the Site possibly may require you to open an account, including setting up a Synvestor-ID (login) a username and a password.
You are responsible for maintaining the confidentiality of your account or login information, including your password, and for any and all activity that occurs under your account.
You may not use anyone else?s -ID, password, username or account at any time without the permission and consent of the holder of that Synvestor-ID, password, username or account.
You agree to notify Synvestor® immediately, if possible, of any unauthorized use of your account, password, username or any other breach of security.
However, you may be held liable for losses incurred by Synvestor® or any other user of or visitor to the Site due to someone else using your Synvestor-ID, password, username or account. Synvestor® cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Disclaimer(s)
Synvestor® does not promise that the Site or any content, service or feature will be error-free or uninterrupted or that any defects will be corrected or that your use of the site will provide any specific result.
All information provided on the Site is subject to change without notice. Synvestor® cannot ensure that any files or other data you download from the Site will be free of viruses or contamination or destructive features.
Synvestor® disclaims all warrenties including any warrenties of accuracy, non-infringement, merchantability and fitness for a particular purpose.
Synvestor® disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and / or our services.
The above mentioned disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computervirus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Synvestor® reserves the right to do any of the following, at any time, without prior notice:
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason, to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The Site and its content are delivered on an ?as is? and ?as available?- basis. You assume total responsibility for your use of the Site and any linked sites. Your only remedy against Synvestor® for dissatisfaction with the Site or any content is to stop using the Site or any such content.

Links to other sites
This Site may contain links to other independent third-party websites (Linked Sites).
These linked sites are provided solely as a convenience to our visitors. Such linked sites are not under Synvestor?s control, and Synvestor® is not responsible for and does not endorse the content of such linked sites, including any information or material contained on such linked sites. You will need to make your own independent judgment regarding your interaction with these linked sites.

Limitation of liability
Except where prohibited by law, in no event will Synvestor® be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even we have been advised of the possibility of such damages.
If, notwithstanding the other provisions of these terms of use, Synvestor® is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any content, our liability shall in no event exceed the greater of the total sum of ? 4,500.- (ex. v.a.t.)
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity
You agree to indemnify and hold Synvestor®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and participations, harmless from any demands, loss, liability, claims or expenses, made against Synvestor® by any third party due to or arising out of or in connection with your use of the Site.

Violation of terms of use
You acknowledge and agree that we may preserve any transmittal or communication by you with Synvestor® through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these terms of use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of Synvestor®, its employees, users of or visitors to the Site, and the public. Synvestor® may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Synvestor?s rights or property, or the rights or property of visitors to or users of the Site, including our customers. We reserve the right at all times to disclose any information that Synvestor® deems necessary to comply with any applicable law, regulation, legal process or governmental request. Synvestor® also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes. You agree that Synvestor® may, in its sole discretion and without prior notice, terminate your access to the Site and / or block your future access to the Site if we are convinced that you have violated these terms of use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these terms of use could constitute an unlawful and unfair business practice, and will possibly cause irreparable harm to Synvestor®, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedy we may have at law or in equity. If we do take any legal action against you as a result of your violation of these terms of use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys? fees and costs of such action, in addition to any other relief granted to Synvestor®. You also agree that Synvestor® may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification of the Site or any service offered on or through the Site, or unexpected technical issues or problems. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these terms of use.

Dispute resolution and governing law
You agree to the (personal) jurisdiction by the Netherlands and waive any objection to such jurisdiction or venue. Any claim under these terms of use must be brought within one year after the cause of action arises, or such claim or cause of action is barred.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Netherlands and / or the EC without regard to its conflict of laws provisions.
No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys? fees. In the event of any controversy or dispute between Synvestor® and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty 90 days, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law(s).

Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the Netherlands. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.
Synvestor® administers and operates this Site from its location in Amsterdam Schiphol- Rijk in the Netherlands, other Synvestor® sites may be administered and operated from various locations outside the Netherlands but always in the ?trademark?-countries mentioned in
Article 1 of these General terms and conditions.
Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the Netherlands, you do so on your own initiative and you are solely responsible for complying with applicable (local) laws.

Miscellaneous
If any of the provisions of these terms of use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms of use, so that these terms of use shall remain in full force and effect.
These terms of use constitute the entire agreement between you and Synvestor® with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Synvestor® with respect to such use are hereby superseded and cancelled. We will not accept any counter-offers to these terms of use, and all such offers are hereby rejected. You may not use or export any content or any copy or adaptation of such content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Dutch and / or EC laws and regulations.
Our omission of expected action to insist on and to enforce strict performance of these terms of use shall not be construed as a waiver by Synvestor® of any provision or any right it has to enforce these terms of use, nor shall any course of conduct between Synvestor® and you or any other party be deemed to modify any provision of these terms of use. These terms of use shall not be interpreted or construed to confer any rights or remedies on any third parties. We provide access to Synvestor?s international data and, therefore, may contain references to our services, programs and products that are not announced in your specific country.

Information and feedback
Any feedback you provide at the Site is non-confidential. Synvestor® shall be free to use such information on an unrestricted basis and the information contained in this website is subject to change without prior notice.