Sync Service Terms Last updated: May 25, 2018

Please read these Terms carefully. By using Sync Scoring and Management (which includes Brunswick Cloud) you’re agreeing to these Terms. This is a legal agreement (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand this agreement. 

Brunswick Bowling Products LLC (“Brunswick” or “we” or “us”) sells, distributes, manufactures, and owns all the intellectual property rights associated with Sync Scoring and Management (“Sync” or the “Service”). Sync is an automatic scoring, point of sale, and lane management system (collectively, the “Scoring System”) that resides inside a center and a cloud-based service that includes marketing, loyalty, digital signage, and other systems (collectively, the “Brunswick Cloud”). Brunswick has employees, independent contractors, and representatives (“our Team”). As an owner, investor, employee, or user of Sync, you’re a “Member” (or “you”) according to this Agreement.

These Service Terms (“Terms,”, including our Privacy Policy and Bowling Goods Sales and Installation Contract if applicable) define the terms and conditions under which you’re allowed to use Sync and how we’ll treat your account while you’re a member. If you don’t agree to these Terms, you must immediately discontinue your use of Sync.

1. Eligibility

By using Sync, you represent and warrant that you won’t use the Service in a way that violates any laws or regulations.

Brunswick may refuse service, close accounts of any users, and change eligibility requirements at any time.

2. TERM

When you sign up for the Service and agree to these Terms, the Agreement between you and Brunswick is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue until you or we terminate the Agreement in accordance with these Terms.

Creating a user ID in Sync Scoring or Brunswick Cloud means that you’ve officially “signed” and accepted the Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.

3. EFFECT OF TERMINATION

If this Agreement is terminated or suspended for any reason: (a) the license and any other rights granted under these Terms will end, (b) we may (but have no obligation to) delete your information and account data stored in Brunswick Cloud and our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data, or charges associated with relicensing Sync. We reserve the right to discontinue or charge for technical support, software updates, and other items that may be included as a normal part of the Service.

For avoidance of doubt, the termination of this agreement will not affect the Bowling Goods Sales and Installation Contract.

4. SURVIVABILITY

Even if this Agreement is terminated, the following sections will continue to apply: Ownership, Intellectual Property, Right to Review Data, Representations and Warranty, No Warranties, Limitation of Remedies and Liability, Indemnity, Third Party Products, Legal Fees and Expenses, Subpoena Fees, Assignments, Governing Law, Severability

5. PAID SERVICES

Brunswick may offer Services to be paid for on a recurring basis (“Subscription Services”) or on an as-used basis (“A La Carte Services” and, together with the Subscription Services, “Paid Services”). Subscription Services may subject you to recurring fees and/or terms. By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee and any applicable taxes as set forth in your Brunswick Cloud settings or as otherwise agreed in writing (“Subscription Fee”). A La Carte Services may subject you to fees charged per usage and/or terms. By using an A La Carte Service, you agree to pay the fees and any taxes incurred at the time of usage (“A La Carte Fees” and, together with Subscription Fees, the “Paid Service Fees”).

Paid Service Fees may be paid by wire transfer, check, debit card, credit card, or deducted from your transaction proceeds. If you link a debit or credit card to your account, you authorize us to collect Paid Service Fees by debit from your linked debit card or charge to your linked credit card.

If you cancel or choose not to continue using a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change our Subscription Fee upon thirty (30) days’ advance notice. Advance notice can consist of a direct communication or posting of new pricing to your Brunswick Cloud account. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

6. OWNERSHIP

Refer to the “Intellectual Property Schedule” section of the Bowling Goods Sales and Installation contract that you signed. For the avoidance of doubt, the Intellectual Property Schedule in the Bowling Goods Sales and Installation Contract supersedes the Sync Service Terms listed here.

We own all rights, title, interest, copyright and other Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may submit comments or ideas about the Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

7. INTELLECTUAL PROPERTY

We are the sole owner of the intellectual property associated with Sync. You will respect our proprietary rights for Sync (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, software, and other intellectual property).

8. YOUR LICENSE

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these Terms. We may make software updates to the Services available to you. Any such software updates may be subject to additional terms made known to you at that time.

9. PRIVACY POLICY

Your privacy is important to us. Please read our Privacy Policy for information regarding how collect, use, and disclose personal information when you use the Service. Read Privacy Policy

10. RIGHT TO REVIEW DATA

We may view, copy, and internally distribute data from your Sync system to create algorithms and programs that help us spot problems, troubleshoot, and make better product development decisions that create better experiences for users of our systems.

11. REPRESENTATIONS AND WARRANTIES

You represent and warrant that you either own or have permission to use Sync and access material, content, data, and information (including your personal information and the personal information of others) that you submit to Brunswick in the course of using Sync. We may use your information as described in these Terms, our Privacy Policy, and, if applicable, our Data Processing Agreement.

You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations like HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce.

12. SYNC GDPR DATA PROCESSING AGREEMENT

SCOPE AND RULES

DEFINITIONS

For the purposes of this Agreement, the following definitions shall apply:

THE PROCESSING

OBLIGATIONS AND RIGHTS OF THE CONTROLLER

OBLIGATIONS OF THE PROCESSOR

The Processor shall:

TRANSFERS OF PERSONAL DATA

DURATION AND APPLICABLE LAW

13. NO WARRANTIES

THE USE OF “BRUNSWICK” IN THE NO WARRANTIES AND INDEMNITY SECTIONS MEANS BRUNSWICK, ITS PROCESSORS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, BRUNSWICK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

BRUNSWICK DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Brunswick does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party.

14. LIMITATION OF REMEDIES AND LIABILITY

Refer to the “Limitation of Remedies and Liability” section of the Bowling Goods Sales and Installation contract that you signed.

UNDER NO CIRCUMSTANCES WILL BRUNSWICK BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR BRUNSWICK ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service.

15. INDEMNITY

You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (e) any misrepresentations made by you, or (f) a breach of any representations or warranties you’ve made to us.

16. THIRD PARTY PRODUCTS

All third party hardware and other products included, sold, or interfaced with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the third party directly. BRUNSWICK MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

17. LEGAL FEES AND EXPENSES

Refer to the “General Terms” section of the Bowling Goods Sales and Installation contract that you signed.

18. EQUITABLE RELIEF

If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

19. SUBPOENA FEES

If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

20. ASSIGNMENTS

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

21. GOVERNING LAW

The State of Michigan’s laws, except for conflict of laws rules, will apply to any dispute related to the Agreement or the Service. Any dispute related to the Agreement or the Service itself will be decided by the state and federal courts in Muskegon County, Michigan, and each party will be subject to the jurisdiction of those courts.

22. FORCE MAJEURE

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.

23. SEVERABILITY

If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.

24. INTERPRETATION

The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.

25. AMENDMENTS AND WAIVER

Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

26. NO CHANGES IN TERMS AT REQUEST OF MEMBER

Because we have so many Members, we can’t change these Terms for any one Member or group.

27. FURTHER ACTIONS

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

28. NOTIFICATION OF SECURITY BREACH

In the event of a security breach that may affect you, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone, you’ll promptly do so.

29. NOTICES

Any notice to you will be effective when we send it to the last email or physical address you gave us or when posted on our website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Brunswick Bowling Products LLC, 525 West Laketon Avenue, Muskegon, MI, 49441, or any addresses as we may later post on the Website

SCHEDULE 1: PERSONAL DATA

Nature and Purpose of Processing

Brunswick will Process Personal Data as necessary to perform the Services pursuant to the Agreement, as further instructed by Member in its use of the Services.

Duration of Processing

Brunswick will process Personal Data for the duration of the Agreement.

Categories of Data Subjects

Members may submit Personal Data to the Services, the extent of which is determined and controlled by Member in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:

Type of Personal Data

Member or end users may submit Personal Data to the Services, the extent of which is determined and controlled by Member in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:

SCHEDULE 2: AUTHORIZED SUB-PROCESSORS