Symmedian Technologies, Inc.
Developer Registration Terms & Conditions
Symmedian Technologies, Inc. (referred to as “Company”, “we”, “us”, and “Symmedian”) makes available certain data management and reporting services via a web site located at http://www.symmedian.net (“Site”) to assist our clients and their brokers in managing and evaluating bid proposals from selected developers for the leasing or purchase by our clients or buildings or space therein at real estate projects and allows selected developers to submit via the site proposals, bids, costs, expenses, estimates, scheduling and other information related to the potential leasing [or sale] of buildings or space therein at their respective real estate projects through a proprietary software program known as Symmedian’s Site Selection Tool & Properties Database (“Symmedian Services”).
In order to access the Symmedian Services via the Site and submit data into the system, you must provide the following information and agree to these Registration Terms and Conditions to become a registered user of the Symmedian Service. BY CLICKING THE [I ACCEPT] BUTTON AT THE BOTTOM OF THESE TERMS AND CONDITIONS AND PROCEEDING TO ACCESS THE SITE AND THE SYMMEDIAN SERVICES, YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, THEN DO NOT COMPLETE THE REGISTRATION INFORMATION, DO NOT USE THE REGISTERED PORTION OF THE SITE OR CLICK THE [I AGREE]. If you do not agree to these Terms and Conditions, then you will not be allowed to access and use the registered portion of the Site or the Symmedian Services.
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself and the company you represent as prompted by the Site's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete by contacting us at mailto:bob@symmedian.net. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Company reserves the right to verify any information you submit as Registration Data.
1. Submission of Information.
Our clients advise us of the projects for which they will manage and evaluate bid proposals using the Symmedian Services and identify the third party developers, such as you, that will register to access and use the Symmedian Services. If our client does not advise us that Developer is authorized to provide or access information regarding a project and building or space therein you identify (either prior to your registration or acceptance of Developer upon your request to submit information for a specific project after registration), then you will not be allowed to use the Symmedian Services to submit a bid or provide or view any information related to that project.
You will be solely responsible for the accuracy of all information you submit; Symmedian does not and has no responsibility to review the information you submit to the Symmedian Services. You will be responsible for maintaining back-ups of all information you submit to the Site.
You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights.
2. Use of Data.
By submitting any information to the Symmedian Services, you hereby agree and grant Symmedian the right to make such information available to the clients and brokers related to the projects you designate. Do not submit any content you do not want your designated clients and brokers to view or have access to it. You will only be allowed to view information that you submitted to the Symmedian Services. You will not be allowed to view any information of other developers or other third parties. You hereby grant Symmedian the right to use all information you submit in an aggregated manner to allow Symmedian to run reports and provide information to Symmedian’s clients and their brokers, including without limitation trend reports by location, region, size, property type, or any other property specification. Symmedian may also create functionality that will enable you, the Developer, to run reports based on information you have submitted among various projects. Specific bid information will be made available only to designated clients and/or their brokers. You acknowledge that Symmedian personnel who support the Symmedian Services will have access to all information you submit to the Site.
3. Your Account.
If you use the Symmedian Services made available only to registered users, you will create password and login information for a Developer Account. You are responsible for maintaining the confidentiality of your password and login information and only providing such information to Developer employees with a need to know who are authorized to view and submit information on behalf of Developer. You accept responsibility for all activities that occur under your Developer Account, including without limitation the accuracy of all information you submit. You may be required to pay a per bid fee or a subscription fee for your use or access to the Subscription Services.
4. Terms of Use and Privacy Policy.
Since your use of the Symmedian Services is made available through the Site, your use and access to the Symmedian Services will be subject to the terms and conditions of the Web Site Terms of Use and Web Site Privacy Policy, each of which are viewable by clicking on the following links :
http://www.symmedian.net/privacy.html
http://www.symmedian.net/terms.html
each of which are hereby incorporated by reference. In the event of any inconsistency or conflict between these Terms and Conditions and the Terms of Use or Privacy Policy, these Terms and Conditions shall govern and control.
5. Disclaimer.
Your use is at your sole risk, and the Services are provided on an “AS IS”, “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You are solely responsible for any and all acts or omissions taken or made in reliance on Symmedian Services, including without limitation inaccurate or incomplete information, and Developer is solely responsible to verify the accuracy of all data and information, including data and information that may result from calculations provided through the Symmedian Services functionality.
6. Conflict Resolution.
All disputes relating to these terms and conditions will be solely and finally settled by arbitration conducted pursuant to the Commercial Rules of the American Arbitration Association inAtlanta ,Georgia . Judgment on the arbitral award is final and binding and may be entered in any court of competent jurisdiction. The foregoing does not apply to the extent Symmedian wishes to seek equitable relief.
7. Equitable Relief.
You acknowledge that any use or threatened use of the Site or Symmedian Services in a manner inconsistent with these Terms and Conditions shall cause immediate irreparable harm to the Company for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that the Company shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. You agree and stipulate that the Company shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1,000 shall be sufficient. Nothing contained herein shall limit the right of the Company to any remedies at law, including, without limitation, the recovery of damages from you for breach of these Terms and Conditions, as applicable.
8. Limitations.
IN NO EVENT WILL SYMMEDIAN OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE SYMMEDIAN SERVICES, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF THE COMPANY OR ITS LICENSORS OR SUPPLIERS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU IN EXCESS OF $100.
The Site is comprised of information and materials submitted by various individuals who use the Site. Company does not endorse, recommend or guaranty any user provided content or any opinion, recommendation or advice expressed therein and Company expressly disclaims any and all liability in connection with any content made available via the Site, including without limitation user provided content. The Company assumes no responsibility for the accuracy, timeliness, deletion, mis-delivery of information or failure to store any user communications or personalization settings.
9. Assignment.
Developer will not assign, including, without limitation, by operation of law, change of control or otherwise, your rights or licenses to the site or Symmedian Services provided under these Terms and Conditions, either in whole or in part, without the prior written consent of Symmedian. Any attempt to assign your rights or licenses under these Terms and Conditions contrary to this section will be void and have no effect. Symmedian has the right to assign these Terms and Conditions without Developer’s consent.
10. Contacting Symmedian.
If you have any questions about these Terms and Conditions or use of the Site or Symmedian Services or need to update any information provided to Symmedian regarding Developer, please call us at 404-798-8088, fax us at 404-869-9410 or write to us 3338 Peachtree Rd. NE; Suite 2803; Atlanta, GA 30326. bob@symmedian.net. Although Symmedian will in most circumstance be able to receive your email or other information provided through this Site, Symmedian does not guarantee that it will receive all such email or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such email or other information. Be aware that Internet email is not typically secure.
11. Consent to Transact Business Electronically; Copies.
In order to access and retain the information contained in these Terms and Conditions electronically, It is recommended that Developer use Microsoft Internet Explorer version 7.0 and Adobe Acrobat Reader version 9.0, or such other version as may become available and be adopted for use by Symmedian, from time to time. You will also be prompted and required to download the latest version of Microsoft’s Silverlight internet plug-in in order to use Symmedian Services.
Please print a copy of these terms and conditions for your records, or you may contact us to request a copy in a non-electronic format by submitting a written request via electronic mail to: bob@symmedian.net.
12. Withdrawal of Consent.
By submitting the information, registering to access the Symmedian Services and clicking the “I Agree” button below, you are agreeing to these Terms and Conditions and the Terms of use and Privacy Policy and certify that the information provided above is accurate and complete, and Developer agrees to transact business electronically with Symmedian with respect to the services available via Symmedian Services. If at any time you no longer wish to access the Symmedian Services, then you shall stop using your passwords and login information. If you notify us that you will no longer agree to transact business electronically in accordance with these Terms and Conditions, or if you violate these Terms and Conditions then we may terminate your access to the Symmedian Services without prior notice.
By Clicking “I Agree” below, you (the person executing these Terms and Conditions) represent and warrant that (i) you have the authority to enter into these Terms and Conditions on behalf of yourself and the legal entity listed above as the Developer and bind the Developer and all of its personnel to the terms and conditions set forth herein; and (ii) you will abide by and comply with these Terms and Conditions.
[I AGREE] [I DISAGREE]