Acceptance of Terms of Service
Resto Synergy provides website creation service (“Service” or “Services”) and hosting to its clients as a way for those clients to pursue the informational and commercial exchange the Internet affords. To protect the interests of all clients and to ensure optimal service levels, Resto Synergy provides the following Terms of Service (“TOS”) for clients as a guide to client rights and responsibilities when utilizing Services offered by Resto Synergy. Use of any Service offered by Resto Synergy by any client will constitute acknowledgment of and agreement to the TOS outlined in this document. If you, the client, do not agree to these TOS, do not use the Service.
All Services provided by Resto Synergy may be used for lawful purposes only. Resto Synergy does not monitor, edit, censor, or take responsibility for client Content or communications from within the network controlled by Resto Synergy, except inasmuch to determine if violations of the TOS have occurred once a suspected violation has been brought to the attention of Resto Synergy. Therefore, clients are solely responsible for the Content and use of their Service as provided by Resto Synergy, and should ensure that such use falls within the guidelines of the TOS. Resto Synergy cannot and will not monitor, edit, censor, or otherwise interfere with information or Content clients may retrieve from sources outside the Resto Synergy network even when such information is made available to clients through the use of material deliverable to any website or Service maintained by Resto Synergy such as via email. Because of this, Resto Synergy will not be responsible for injury or liability to any client resulting from communications, which may be offensive, misleading, illegal, or otherwise unsuitable in the view of the client. Clients further agree to indemnify and hold harmless Resto Synergy or any of its subsidiaries from claims resulting from the use of any provided Service that damages the client or any other party.
Also, all content on www.restosynergy.com including but not limited to text, APIs, graphics, photographs, trademarks, logos, sounds, artwork and computer codes and also the design, structure, selection, coordination, and arrangement of such content is owned by Resto Synergy, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property.
You may use information on Resto Synergy products and services (such as data sheets, help center articles, and similar materials) purposely made available by Resto Synergy for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
The following is a partial list of the kind of Content and activity that is prohibited on any website and through the use of the Services. Resto Synergy reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by the client, or to restrict, suspend, or terminate client’s access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe client is in violation of this provision. Resto Synergy further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities:
Client agrees that you will not:
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable
- Harm minors in any way
- Impersonate any person or entity, including, but not limited to, a Resto Synergy official, forum leader, guide or host, or falsely state or otherwise misrepresent any affiliation with a person or entity
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
- Upload, post or otherwise transmit any Content that client does not have a right to transmit under any law or under contractual or fiduciary relationships
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
- Upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware
- Misuse system resources with activities designed to cause harm to or monopolize the resources or capacity of any server or hardware component of the Resto Synergy network. This includes, but is not limited to, the use of programs that consume excessive CPU time
- Intentionally or unintentionally violate any applicable local, state, national or international law
- Offer for sale or sell any item, good or service that violates any applicable federal, state, or local law or regulation, or client does not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations
- Solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes
- Use a Resto Synergy website solely as a remote storage server and allow another website or hosting server to link to Content files stored on Resto Synergy servers
- Upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context
- Send unsolicited email (spam) from a Resto Synergy server or reference a domain hosted by Resto Synergy in any spam, whether originating from the Resto Synergy network or not, Resto Synergy maintains an excellent reputation as a zero-tolerance provider due to swift action on spam complaints. Complaints regarding spamming are investigated thoroughly by Resto Synergy. Should abuses be found, Resto Synergy reserves the right to immediately and without notice terminate the offending account and/or modify our services as a whole to ensure compliance with reasonable and acceptable email practices.
- Post other agents or brokers listings without permission in direct violation of your MLS or Board of Realtors regulations. Please contact your MLS or Board of Realtors for specific rules and regulations in your area. Clients are solely responsible for the content and use of their service as provided by Resto Synergy including posting of any listing. Accounts that continually engage in violations of MLS and/or Board of Realtors listing regulations are subject to termination.
- 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 Resto Synergy’s servers, 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 reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Resto Synergy, including any Resto Synergy 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.
Any activity not defined above but judged by Resto Synergy to be harmful to other clients or general operations of the network will be addressed on a case-by-case basis.
The final choice of whether an account is in violation of any of these policies is at the sole discretion of Resto Synergy Violation of any of these policies may result in tracking information being stored to identify the offending client, and permanent restriction from holding an account on the Service.
Recognizing the global nature of the Internet, clients agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, clients agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the client resides.
- Canceling Options and Features
- Most options can be canceled from the Billing section of your site.
- Cancellation of most options that are billed monthly and features can be done at any time without prior notice.
- We do not refund or credit accounts for options that have been canceled.
- We will make every effort to resolve any issues.
- Contact firstname.lastname@example.org.
To Log in to the Admin Menu and cancel an option follow these steps:
- Click on the house at the bottom of your homepage and log into the Admin Menu
- Choose “Account Info” from the Admin Menu.
- Click on “Edit Billing Info.”
- Click on the Cancel button for the option you want to cancel.
- In most cases the option will be removed from your site immediately.
- If you are on monthly billing, your next billing will not include the option(s) you canceled.
- Cancellation notices will be accepted via email or telephone only.
- Please submit all requests for cancellation of website service to: email@example.com or call (407) 815-5656.
- All cancellations require a 30-day notice.
- Your account will remain active for 30 days after the cancellation notice is received.
- Include the following information to help us process your cancellation correctly and better our services.
- Your name
- Your account number (The AR# you wish to cancel)
- Your domain name
- Phone number to contact you
- Reason for cancellation
Reactivating a Canceled Account
- To reactivate a canceled account please contact us by phone at (407) 815-5656 or email at firstname.lastname@example.org and provide us with the canceled account number (found in your cancellation confirmation email) as well as updated billing information.
- In the event of an Resto Synergy website account reactivation, user content will be saved for up to 6 months from the date of the initial cancellation.
- At the time of reactivation all accounts are subject to half their corresponding products’ start up fees and charges.
Annual Subscriptions and Expiration Policy
- Annual subscribers are price protected for the full one-year term except as noted below*.
- As a full year subscriber, no price increases will be passed on to you for the term of the subscription*.
- We do not refund or credit accounts for services that have been canceled.
- We will make every effort to resolve any issues. Contact email@example.com.
*Price protection does not apply to some IDX services. Some MLS providers may charge additional fees, which are subject to change at the MLS discretion. Increases in additional MLS fees may be passed on to IDX subscribers. Every effort will be made to notify such subscribers ahead of time.
Annual Subscription Renewal Process
- Resto Synergy will notify annual subscribers by email approximately one month prior to the expiration of the term.
- Instructions for renewing annual services will be clearly described in the notification.
- In the event that we do not receive notification to renew for a full year subscription, billing will commence on a month-to-month basis at our current month-to-month pricing schedule.
Cancellation at the end of an annual subscription
- Cancellation notices will only be accepted via email or telephone only. Please submit all requests for cancellation of website service to firstname.lastname@example.org or call (407) 815-5656.
- All cancellations require a notice prior to the end of the one-year term.
- As noted above, Resto Synergy will email notification approximately 30 days prior to the expiration of the term.
- Unless requested otherwise, your site will remain active for the remainder of the month in which cancellation notification was received or until the end of the subscription term whichever is the later.
All fees paid for domain registration are non refundable, without exception. Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. All accounts on monthly plans will be automatically charged at the first of every month. Any account reaching thirty days past due is subject to suspension for nonpayment. All invoicing and payments are automatic and recurring based on the contract length specified by the client at the time of account setup or by request after setup has been completed.
Automatic Downgrade Policy
As a courtesy, your account will be downgraded if your MLS Board paperwork has not been received within 10 business days. Please note this is a benefit to you. This will prevent you from being charged for the IDX feature if is not being utilized.
Domain names initially purchased through Resto Synergy will be automatically renewed for 1 year when expiring unless Resto Synergy is contacted at least 2 weeks prior to renewal with notification not to renew. Domain names are purchased through our registrar and are non-refundable.
Additional Terms of Service for Spotlight Customers
- Spotlight websites, once purchased, are active for one full year.
- Annual subscribers are price protected for a one full year term except as noted below*.
- As a full year subscriber, no price increases will be passed on to you for the term of the subscription*.
- We do not refund or credit for services that have been cancelled.
- We will make every effort to resolve any issues. Contact email@example.com.
Import from MLS Feature Important Notes
- This feature is provided as a convenience to allow the quick addition of your listings to your website. Availability and quality of this service may vary depending on the source of listings in your area.
- Agents must have the permission of their broker to post listings on their website. The posting of other brokers’ listings is strictly prohibited and may be in violation of MLS regulations.
- Only residential homes and lots for sale can be copied using this feature.
- New listings may take several days to become available by this service.
- Use of Spotlight websites for unauthorized marketing and reselling is strictly forbidden and warrants immediate termination of the customer account. No exceptions.
*Price protection does not apply to some IDX services. Some MLS providers may charge additional fees, which are subject to change at the MLS discretion. Increases in additional MLS fees may be passed on to IDX subscribers. Every effort will be made to notify such subscribers ahead of time. Spotlight’s purchased on Resto Synergy websites will be shut down at the end of term of the Resto Synergy website.
Resto Synergy may send important messages and notifications via SMS. Resto Synergy does not charge for this service, but message and data rates may apply from your mobile carrier. Resto Synergy assumes no responsibility for charges incurred.
Courtesy Domain Name
One free domain name is offered as a courtesy with every Resto Synergy website. Registration fees for the courtesy domain name are waived for the the first year of the Resto Synergy account.
Accounts, Passwords and Security
You are entirely responsible for maintaining the confidentiality of your Resto Synergy account information, including your password, and for any and all activity that occurs under your account. You agree to notify Resto Synergy immediately of any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Resto Synergy cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
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 www.restosynergy.com may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Resto Synergy Site
This marketing websites and products may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Resto Synergy’s control, and Resto Synergy is not responsible for and does not endorse the content of such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Service and Reporting
Resto Synergy reserves the right to refuse, cancel, or suspend Service at its sole discretion. All clients, direct or indirect via resold account and all sub networks and subsidiaries are subject to this TOS.
- Any violations of the TOS may be reported via email to firstname.lastname@example.org or via phone to (407) 815-5656.
Resto Synergy may use client websites as samples in advertising and other promotions. Additionally, Resto Synergy may provide links to other approved vendors for which it may receive compensation as a result of traffic and/or transactions that ensue.
Domain Name Registration Limits of Liability
As a domain registrar, Resto Synergy is not required or authorized to police domain name registrations for copyright, trademark or other legal rights or restrictions. Responsibility for usage of any domain name is that of the client, not the registrar. Domain name charges are non-refundable.
Copyrighted Content Liability
If you have asked Resto Synergy to copy a website that you own or insert images that you supplied, Resto Synergy assumes that you own the copyright or have permission to use the images. Resto Synergy assumes no responsibility for copyright infringement if infringing content is copied from a website you own or supplied by you. You, the website owner, are solely responsible for all copied or supplied content.
This document and all portions of the Resto Synergy website, including images, text, and scripts where ownership is not held by third parties are copyrighted by Resto Synergy. No portion of this website or the Content contained within may be reproduced in any form, or modified or otherwise altered for use by any party without the express permission of Resto Synergy. Nothing herein shall be construed to grant you any right, title or interest in or to any such intellectual property, and you agree that you shall not at any time make any claim to any right, title or interest in or to such intellectual property. Violations of the copyright held by Resto Synergy on any material from this website may be reported to email@example.com.
The client takes full responsibility for all taxes and fees of any nature associated with Services used or products purchased. Resto Synergy shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by the client or through the Service.
Client agrees to indemnify and hold Resto Synergy, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of client’s Content, use of or connection to the Service, violation of these TOS, or violation of any rights of another.
General Data Protection Regulation
For clients whose websites are subject to the scope of the General Data Protection Regulation (GDPR), Resto Synergy offers simple website settings to help clients comply with GDPR law. When enabled, these settings ensure that a user’s personal data is only collected and processed when affirmative consent is given, a user’s consent may be withdrawn at any time, and a user has the right to access, rectify, and/or erase any personal data that has been collected. Resto Synergy also assumes the role and responsibilities of Data Processor, and agrees to comply with all applicable laws.
You agree that Resto Synergy may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
You agree to abide by Resto Synergy’s copyright infringement claims policy. You also agree that Resto Synergy may, in its sole discretion and without prior notice, disable or deactivate all, or relevant portions of, your Site alleged to be in violation of the Resto Synergy copyright infringement claims policy. All Resto Synergy customers whose content is disabled or deactivated will receive a notice of copyright infringement, and may provide Counter Notification by mailing firstname.lastname@example.org and including the following: a) an electronic signature of the Customer; b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and c) a statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and stating the reasons for this belief. Upon receipt of a Counter Notification as described above, Resto Synergy shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Complaining Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Resto Synergy will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Resto Synergy first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on Resto Synergy system or network.
Limitation of Liability
RESTO SYNERGY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RESTO SYNERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY CLIENT TO FOR THE PAST THREE MONTHS OF THE SERVICE IN QUESTION.
DISCLAIMER OF WARRANTIES
CLIENT’S USE OF THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT CLIENTS SOLE RESPONSIBILITY AND RISK. THE WEBSITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RESTO SYNERGY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.
RESTO SYNERGY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE WEBSITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET CLIENTS REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES, OR THE SERVER THAT MAKES THE WEBSITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RESTO SYNERGY MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE WEBSITES, OR CLIENT WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO CLIENT’S WEBSITE; OR (C) THE COMPATIBILITY OF CLIENT’S CODE OR ANY OTHER CODE WITH ANY RESTO SYNERGY TECHNOLOGY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CLIENT FROM RESTO SYNERGY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE WEBSITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
RESTO SYNERGY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE WEBSITES, PLATFORM, APPLICATIONS OR WEBSITES.
Law and Arbitration
The laws of the State of California shall govern this agreement and TOS without giving effect to any principles that may provide the application of the law of another jurisdiction. Client agrees to submit to the personal jurisdiction of the state courts and federal courts located within the State of Florida for the purpose of litigating all such claims or disputes. Any claim or dispute in connection with this agreement and TOS shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, Resto Synergy may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
Void Where Prohibited
Resto Synergy administers and operates the www.restosynergy.com site from its location in Kissimmee, Florida USA. Although these Sites are 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 United States. Resto Synergy reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited.
Feedback and Information
Any feedback you provide shall be deemed to be non-confidential. Resto Synergy shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Effective February 2019