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NuevaSync Terms of Service

Acceptance of these Terms

By using the www.nuevasync.com website, the NuevaSync sync service ("Service"), or any services of Nuevasync, Inc. ("NuevaSync"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

Changes to the Terms

NuevaSync reserves the right to update and change the Terms of Service periodically without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.nuevasync.com/policies/terms.html

General Conditions

  1. You must be aged 13 or older to use the Service.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your account may only be used by one person. A single account shared by multiple people is not permitted. Accounts registered by "bots" or other automated methods are not permitted.
  4. One person or legal entity may not maintain more than one free account.
  5. You are responsible for maintaining the security of your account and password. NuevaSync cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  6. You are responsible for all content submitted or transmitted, and any activity that occurs under your account on the Service. Personal information submitted by you shall be subject to NuevaSync’s Privacy Policy.
  7. You must not upload, post, or transmit unsolicited email, or "spam" messages.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. The email address associated with your account must remain valid. If your email address changes, you must update the email address associated with your account using our web site's account management page.

Email from NuevaSync

Nuevasync may e-mail you information related to your Nuevasync account or Nuevasync services. Because we believe such information is important, you will not be given the opportunity to opt-out of receiving these e-mails, except by terminating your account.

Payment and Refunds

There is no charge for free accounts. For other accounts the following conditions apply:
  1. The Service is billed in advance on a yearly basis, or as otherwise noted, and is non-refundable.
  2. There will be no refunds or credits for partial months of service, or refunds for months unused.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Data Sources

The Service is designed to sync information to and from Data Sources, for example your Google, Toodledo or Yahoo account. The Service accesses these Data Sources using publically available API facilities made available by the Data Source owner.
  1. NuevaSync shall not be liable for the consequences of any change in behavior for a Data Source API facility.
  2. NuevaSync shall not be liable for the consequences of changes in the Terms of Service for a Data Source.

No Commercial Reuse

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service.

Disclaimer of Warranties

NuevaSync does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Limitation of Liability

NuevaSync shall 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 NuevaSync has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) any changes which NuevaSync may make to the Service, or for any permanent or temporary cessation in the provision of the Service; (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Service; (iv) unauthorized access to or alteration of your transmissions or data; (v) your failure to keep your password or account details secure and confidential; (vi) statements or conduct of any third party on the service; (vii) termination of your account; or (viii) any other matter relating to the service.

Indemnity

You agree to hold harmless and indemnify NuevaSync, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, NuevaSync will provide you with written notice of such claim, suit or action.

Termination

You may terminate your account, any associated email address and access to the Service by visiting the Account Settings page on our web site and clicking the ‘I want to delete my account’ link. You agree that NuevaSync may, without prior notice, immediately terminate, limit your access to or suspend your account, any associated email address, and access to the Service. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (i) breaches or violations of these Terms of Service, (ii) requests by law enforcement or other government agencies, (iii) extended periods of inactivity, (iv) engagement by you in fraudulent or illegal activities, (v) nonpayment of any fees owed by you in connection with the Service and/or (vi) failure to maintain a valid email address for your account.

Questions about this document, suggested improvements and other comments should be sent to info@nuevasync.com

NuevaSync Personal Service, Terms of Service, Version 1.4, June 11, 2010