Welcome to the SageStream, LLC. (“SageStream” or “Us”, “We” or “Our”) web site (the ” Site”). Please review the following terms and conditions (these “Terms”) concerning your use of the Site. By accessing or using the Site, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Site.
WE MAY CHANGE, UPDATE, OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING THE UPDATED TERMS ON OUR SITE. YOUR USE OF OUR SITE AFTER WE HAVE UPDATED THE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE OF ALL OF THE UPDATED TERMS. IF YOU DO NOT AGREE WITH ANY OF THE UPDATED TERMS YOU MUST STOP USING THE SITE.
By using Our Site, you represent, acknowledge and agree that you are at least 18 years of age.
All materials provided on this Site, including but not limited to information, documents, logos, graphics, images, software, and services (“Materials”), are provided either by Us or by Our respective third party manufacturers, authors, developers and vendors (“Third Party Providers”) and are the copyrighted work of SageStream and/or Our Third Party Providers. Subject to your compliance with these Terms, We hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use Our Site solely for your personal use. Except for this license, you have no other rights in Our Site or any Materials and you may not in any manner modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any portion of Our Site or Materials. If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of SageStream or the Third Party Provider. Also, you may not “mirror” any Materials contained on this Site on any other server without Our prior express written permission.
We may report to law enforcement authorities any actions that may be illegal, and any reports Our receive of such conduct. When legally required or at Our discretion, We will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to Our Site or in connection with Our services.
Links to Third-Party Sites
Any of Our products and service offerings referenced herein are Our common law and/or registered trademarks in the United States and/or in other countries. The absence on this Site of one of Our products, service names, slogans or logos does not constitute a waiver of Our trademark or other intellectual property rights relating to such name or logo. All other product or company names, company names may be the common law or registered marks of their respective owners and should be treated as such. Unless otherwise specified in these Terms, all information and screens appearing on Our Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of SageStream and/or Our affiliates. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to Our services, Our Site or the Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever.
Disclaimer of Warranties
Your use of this Web Site is at your own risk, and We make no warranty to you that the Site will meet your requirements, or be available in an uninterrupted, secure or error-free basis. We have not verified or authenticated the Materials in whole or in part and they may include inaccuracies or typographical or other errors. We do not warrant the accuracy of timeliness of the Materials contained on this Site. We have no liability for any errors or omissions in the Materials, whether provided by Us, Our licensors or suppliers or other users. Your sole and exclusive remedy for issues related to this Site shall be to discontinue using it.
WE, FOR OURSELVES AND OUR LICENSORS, MAKE NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND MATERIALS, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. THERE MAY BE ADDITIONAL DISCLAIMERS OF WARRANTIES IN SERVICE TERMS APPLICABLE TO SERVICES. You agree that We may terminate your access to the Site at any time, in Our sole discretion. Your access to this Site may be monitored.
Limitation Of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES OR RESPECTIVE LICENSORS, LICESNSEES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING), ARISING OUT OF, RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE SITE OR THE MATERIALS, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR MATERIALS OR WITH ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SITE AND MATERIALS. YOU AGREE TO HOLD US HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE SITE.
You agree to indemnify and hold Us, and Our officers, directors, employees, affiliates, agents, licensors, and business partners, harmless from and against any and all costs, damages, liabilities, and expenses (including reasonable attorneys’ fees and costs of defense) that We, or any other indemnified party, suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of Our Site, your breach of these Terms, your violation of any law or regulation, or the rights of any third party.
Local Laws; Export Control
We control and operate Our Site from Our headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use Our Site outside the United States of America, you are responsible for following applicable local laws. By using the Site, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms and the Site will be governed by the laws of the State of California, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by the federal laws of the United States. Foreign laws do not apply.
Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without Our prior written permission. Any purported assignment without such permission shall be void. Any waiver of Our rights under these Terms must be in writing, signed by Us, and any such waiver shall not operate as a waiver of any future breach of these Terms. In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms, and the remaining terms shall be separately enforced. Our failure to enforce any of these Terms is not a waiver of such term. Your use of the Site shall at all times comply with all applicable laws, rules, and regulations. These Terms, and all documents incorporated into these Terms by reference, are the entire agreement between us with respect to this subject matter, and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms. We prefer to advise you if We feel you are not complying with these Terms and to recommend any necessary corrective action; however, certain violations of these Terms, as determined by Us, may result in immediate termination of your access to Our Site without prior notice to you. We reserve the right to terminate or modify the Site or Materials, as well as your access to the Site or Material or any Submissions, at any time, without prior notice.
If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact us at:
P. O. Box 503793
San Diego, CA 92150
Date: December 31, 2014
Submit at written request by mail to: SageStream, LLC Consumer Office, P.O. Box 503793, San Diego, CA 92150 or by secured fax at (858) 451-2847. If you need additional assistance, please call (888) 395-0277