Your use of this website and its Content, as defined in Section 6 below (collectively, the “Site), is subject to the following terms and conditions of use.
1. ACKNOWLEDGEMENT AND ELIGIBILITY
SagePoint shall not be liable for any loss or damage resulting from SagePoint’s reliance on any instruction, notice, document, or communication reasonably believed by SagePoint to be genuine and originating from an authorized representative of the entity for which you purport to have authority. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, SagePoint reserves the right, but undertakes no duty, to require additional authentication from you.
5. PROFESSIONAL LICENSE
The usage of any SagePoint site, product, or service for any commercial purpose, whether or not compensated, is prohibited unless the user has first obtained the express written consent of SagePoint and purchased from SagePoint a Professional License, which is a separate written document. Commercial purposes include, but are not limited to, sales of services or products, or any activity or endeavor related to the sales of services or products. Commercial purposes also include, but are not limited to, activities or endeavors whereby the Site is treated as a “value add” or a supplement to a product or service.
6. YOUR USE OF THE SITE
SagePoint text, scripts, source code, graphics, photos, user interfaces, visual interfaces, sounds, music, artwork, videos, computer code and interactive features and the trademarks, service marks and logos contained therein (“Content”), are owned by or licensed to SagePoint in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws.
No part of the Site and no Content found on the Site may be downloaded, copied, reproduced, republished, uploaded, posted, encoded, transmitted, translated, broadcast, displayed, sold, licensed, or otherwise exploited or distributed in any way, for any purpose whatsoever without the express prior written consent of SagePoint.
You will not access this Site using automated means (such as harvesting bots, robots, spiders, or scrapers), or any other automatic device, program, algorithm, methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, without the express prior written consent of SagePoint.
You will not interfere with the operation of this Site by any means, including, but not limited to, contributing content that contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware.
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 agree not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any SagePoint Content) or enforce limitations on the use of this Site therein.
You will not access the Site through any technology or means other than through this Site itself, or as SagePoint may designate.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or SagePoint’s systems or networks, or any systems or networks connected to the Site or to SagePoint.
You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any search or transaction being conducted on the Site, or with any other person’s use of the Site.
You may not manipulate identifiers or conduct similar activity in order to disguise the origin of any message or transmittal you send to SagePoint on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
7. LINKS TO OTHER SITES
This Site may contain links to other third-party websites that are not owned or controlled by SagePoint. SagePoint does not monitor or control such links and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. By using this Site, you expressly release SagePoint from any and all liability arising from your use of any third-party website.
8. ADDITIONAL RESERVATION OF RIGHTS
SagePoint expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any User Account that it deems necessary, in its sole and absolute discretion, without notice, for any reason, including but not limited to the following: (i) to correct mistakes made by SagePoint in offering or delivering any Services; (ii) to comply with applicable local, state, national and international laws, rules and regulations; (iii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; or (iv) to avoid any civil or criminal liability on the part of SagePoint, its officers, directors, employees and agents, as well as SagePoint’s affiliates. “User Accounts” refers to such accounts owned or controlled by SagePoint without regard to whether such account is located on this website or not.
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SAGEPOINT DOES NOT PROMISE OR REPRESENT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. SAGEPOINT CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE FROM VIRUSES, CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD PARTY LINKS PROVIDED ON OR THROUGH THE SITE.
SAGEPOINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SAGEPOINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL: (I) CONSTITUTE LEGAL, medical OR FINANCIAL ADVICE; OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL SAGEPOINT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING lost profits, THAT MAY RESULT FROM: (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER; (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN; (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR other destructive features, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE; (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, OR OTHERWISE OBJECTIONABLE; AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAGEPOINT IS ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SAGEPOINT’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SAGEPOINT FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
SAGEPOINT MAY INVESTIGATE ANY VIOLATION OF THESE TERMS, INCLUDING UNAUTHORIZED USE OF THE SITE, OR ANY ACTIONS BY A USER OR OTHERS THAT CAUSE HARM OR INJURY TO SAGEPOINT. WE MAY TAKE LEGAL ACTION AGAINST YOU OR OTHERS THAT WE FEEL IS APPROPRIATE. YOU AGREE THAT MONETARY DAMAGES MAY NOT PROVIDE US A SUFFICIENT REMEDY AND THAT WE MAY PURSUE INJUNCTIVE OR OTHER RELIEF FOR YOUR VIOLATION OF THESE TERMS. YOU AGREE THAT YOUR ABUSIVE USE OF THE SITE MAY CAUSE DAMAGE AND HARM TO US, INCLUDING IMPAIRED GOODWILL, LOST SALES AND INCREASED EXPENSES.
IF WE DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OR THE LAW, OR FOR ANY OTHER REASON OR FOR NO REASON, WE MAY SUSPEND OR CANCEL YOUR ACCOUNT, DELETE ALL YOUR USER CONTENT AND PREVENT YOU FROM ACCESS- ING THE SITE AT ANY TIME WITHOUT NOTICE TO YOU. IF THAT HAPPENS, YOU MAY NO LONGER USE THE SITE OR ANY CONTENT. YOU WILL STILL BE BOUND BY YOUR OBLIGATIONS UNDER THESE TERMS.
YOU AGREE THAT SAGEPOINT MAY, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, SUSPEND OR 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) TECHNICAL IS- SUES OR PROBLEMS.
13. GOVERNING LAW AND DISPUTE RESOLUTION
In the event of any controversy or dispute between SagePoint and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, the parties shall be free to pursue any right or remedy available to them under applicable law.
15. SUCCESSORS AND ASSIGNS
16. NO THIRD-PARTY BENEFICIARIES
The information contained in the Site is subject to change without notice. Our products and services are intended for personal use, or pursuant to the terms of a Professional License purchased from SagePoint, with your understanding that we are not engaged in rendering legal, accounting, financial, investment or other professional advice or services. If expert assistance is required, seek the services of a qualified professional.
18. CONTACT INFORMATION
SagePoint Solutions Group
Effective Date: January 30, 2016
Last Revised: January 30, 2016