TERMS & CONDITIONS
A legal disclaimer
Last Updated: April 10, 2025
1. INTRODUCTION
Welcome to the Potential Synergy INC website (the "Site"). These Terms and Conditions ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
2. ACCEPTANCE OF TERMS
By accessing this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you should not use or access the Site. We reserve the right to modify these Terms at any time. Your continued use of the Site following the posting of any changes to the Terms constitutes your acceptance of those changes.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 Ownership
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Potential Synergy INC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
3.2 Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for your personal, non-commercial use, subject to these Terms. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. USER CONTRIBUTIONS
4.1 User Content
Any content that you post, upload, share, store, or otherwise provide through the Site is your "User Content." You are solely responsible for all User Content that you submit, post, or display on or through the Site.
4.2 License Grant
By providing any User Content on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings.
4.3 Prohibited Content
You agree not to post User Content that:
Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights.
Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware.
Impersonates any person or entity or misrepresents your identity or affiliation with any person or entity.
5. PROHIBITED USES
You agree not to:
Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
Use the Site to transmit or send unsolicited commercial communications.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
USER ACCOUNTS
6.1 Account Creation
When you create an account with us, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.
6.2 Account Security
You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. E-COMMERCE
7.1 Products and Services
We may make available certain products or services for purchase through the Site. All purchases through the Site are subject to product availability and the prices and terms displayed on the Site at the time of purchase.
7.2 Payment Terms
By providing a credit card or other payment method accepted by us, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your purchase (including any applicable taxes and shipping and handling charges).
7.3 Refund Policy
All sales are final unless otherwise specified at the time of purchase. If we offer refunds, the specific terms and conditions for refunds will be disclosed at the time of purchase.
8. DISCLAIMER OF WARRANTIES
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POTENTIAL SYNERGY INC NOR ANY PERSON ASSOCIATED WITH POTENTIAL SYNERGY INC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL POTENTIAL SYNERGY INC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Potential Synergy INC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.
11. GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
12. DISPUTE RESOLUTION
Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in New York, New York, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall be compensated in accordance with the American Arbitration Association's fee schedules in effect at the time of arbitration.
YOU ACKNOWLEDGE AND AGREE THAT, WITH RESPECT TO ANY DISPUTE WITH POTENTIAL SYNERGY INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE OR THESE TERMS: (1) YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; AND (2) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
13.PRIVACY POLICY
We respect your privacy and are committed to protecting it. Our Privacy Policy, incorporated into these Terms by reference, explains our policies regarding the collection, use, and disclosure of personal information when you use our Service. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.
14. DATA COLLECTION AND COOKIES
The Site uses cookies and similar tracking technologies to track activity on our Site and hold certain information. Cookies are files with small amounts of data which may include an anonymous unique identifier.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site. For more information about the cookies we use and your choices regarding cookies, please visit our Privacy Policy.
15. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites or services that are not owned or controlled by Potential Synergy INC. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Potential Synergy INC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
16. TERMINATION PROVISIONS
16.1 Termination by Potential Synergy INC
We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
16.2 Termination by User
You may terminate your account at any time by contacting us at anja@potentialsynergy.com and requesting termination. Upon termination, your right to use the Site will immediately cease.
16.3 Effect of Termination
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17. UPDATES AND MODIFICATIONS
We will notify you of any changes to these Terms by posting the new Terms on this page and updating the "Last Updated" date at the top of these Terms. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.
For material changes to these Terms, we will make reasonable efforts to provide notice, such as an email notification to the email address associated with your account or a notification when you access the Site.
18. ELECTRONIC COMMUNICATIONS
By using our Site, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19. INTERNATIONAL USERS
The Site is controlled, operated, and administered by Potential Synergy INC from its offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
For European Economic Area (EEA) users, we comply with the General Data Protection Regulation (GDPR). For California users, we comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA).
20. SEVERABILITY
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
21. WAIVER
No waiver by Potential Synergy INC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Potential Synergy INC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
22.ENTIRE AGREEMENT
These Terms constitute the sole and entire agreement between you and Potential Synergy INC with respect to the Site and supersede all prior and contemporaneous
understandings, agreements, representations and warranties, both written and oral, with respect to the Site.
CONTACT INFORMATION
If you have any questions about these Terms, please contact us at: