Last updated: March 12, 2020
Please read this Agreement carefully before you start to use the Site. By using the Site, you accept and agree to be bound and abide by this Agreement. If you do not want to agree to this Agreement, you must not access or use the Site. By using this Site, you agree to comply with all applicable laws and regulations in your use of the Services. In the event of a conflict between the terms of this Agreement and the terms of any other agreement between Site Owner and you, whether now in existence or hereinafter created, the terms of that agreement shall prevail.
Site Owner may modify this Agreement or its other policies from time to time in our sole discretion. All changes are effective forty-eight (48) hours after we post them to the Site, and apply to all access to and use of the Site thereafter. You are bound by such modifications when they become effective and your continued use of the Site after the posting of modified terms constitutes your acceptance of such modifications. Although Site Owner may endeavor to notify you when material changes are made to this Agreement, you should periodically review the most up-to-date version prior to using the Site.
- LICENSE TO USE THE SITE
Subject to the terms and conditions of this Agreement, Site Owner hereby grants to you a non-exclusive, royalty-free, revocable limited license to access and use the Services for personal or commercial use. You may relicense, sublicense, distribute, assign or transfer such rights subject to the terms and conditions set forth herein, but may not do so for a commercial purpose outside of your normal operations. Subject to the foregoing, you shall not (a) copy or duplicate, in whole or in substantial part, the Services; (b) reproduce (except as expressly permitted by “fair use” principals of applicable copyright law) or publish any Content (as defined below) without the express permission of Site Owner, included as provided herein; © reverse engineer, decompile or modify any Service, in whole or in part; (d) use the Services or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Services or any other products or services provided by Site Owner and its affiliates; or (e) alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site. Site Owner may update, modify, or replace the Services (including the Content therein) from time to time. Site Owner reserves the right to discontinue offering access to the Services or any Content therein. Site Owner will use commercially reasonable efforts to provide advance notice of any such discontinuation.
- ELIGIBILITY; ACCOUNT REGISTRATION
In order to access certain features of the Site and utilize the Services, you may be asked to create a user account with Site Owner (“User Account”). If you register for a User Account, you may be asked to provide your name, business name, phone number, email address, billing address, shipping address and a username and password. You may also be asked to complete a subscription agreement to use certain Services depending on the nature of our business relationship with you. You agree that the information you provide Site Owner will be true, accurate, current and complete. By using the Site you consent to the use of: (i) electronic means to review and accept this Agreement and to provide you with any notices given pursuant to this Agreement; and (ii) electronic records to store information related to this Agreement or your use of the Site.
III. PAYMENT OF FEES
If you use a Service on the Site that requires payment of a fee, you agree to pay all fees associated with such Service. Fees may be collected by us or by our service provider on our behalf, and you may be asked to provide credit card information. For all Services, you agree to provide us with accurate and complete billing information and to notify us of any changes to such information. If, for any reason, your credit card company refuses to pay the amount billed for the Service, you agree to pay the amount due by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
- SITE USAGE; ACCOUNT SECURITY
We offer the information, tools and resources on the Site to provide you with information about our Services. We reserve the right to withdraw or amend the Services in our sole discretion without notice. We will not be liable if for any reason all or part of the Site is unavailable at any time or for any period.
If you have a User Account, you agree not to disclose your User Account details, including your username and password, to anyone else and you will be solely responsible for any activities or actions taken under your User Account, whether or not authorized by you. Please notify Site Owner immediately of any unauthorized use of your User Account. Site Owner is not liable for any loss or damage from your failure to comply with these requirements.
- PROPRIETARY RIGHTS
All information, graphics, photographs, videos, format, design, the user interface and other functionality (including but not limited to all software, text, displays, images, and the design, selection and arrangement thereof) (collectively, “Content”) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and other intellectual property or proprietary rights laws. You may not use, copy, modify, duplicate, create derivative works from, republish, display, transmit, or distribute the Content in whole or in part without our prior written permission. Any breach of this Agreement shall immediately terminate the license and rights granted by Site Owner hereunder, and may subject you to civil and/or criminal prosecution.
Unless otherwise noted, by using a third party’s trademark or trade name on this Site, we do not intend to suggest any affiliation with or endorsement of such third party or its products or services, and we hereby expressly disclaim any such affiliation or endorsement.
- PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to:
- Use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
- Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site;
- 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;
- Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in this Agreement, without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Site;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; and
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App or otherwise interfere with the proper working of the Site.
We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement.
VII. CHANGES TO THE SITE; SITE AVAILABILITY
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure, the addition of fee-based Services, or changes to limitations on allowable file sizes. Any new features that augment or enhance the then-current Services on the Site shall also be subject to this Agreement. You understand and agree that temporary interruptions of the Services available through the Site may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your User Account and all related information and files in your account and/or bar any further access to the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
VIII. USER CONTENT
We do not prescreen User Content. Site Owner, in its sole discretion, shall have the right to edit, refuse, remove or move any User Content from the Site. When you access or view User Content, you do so at your own risk, and we expressly disclaim responsibility for the User Content. We have no obligation to respond to any User Content, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any User Content posted by Users on online chats or bulletin boards which we may include on the Site. You acknowledge that we may establish general practices and limits concerning use of the Services available on our Site, including without limitation the maximum number of days that uploaded User Content will be retained on the Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any User Content maintained or transmitted on or through this Site.
- THIRD-PARTY MATERIALS
Links to third-party websites through the Site, if any, are provided solely as a convenience to you. Site Owner is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and Site Owner makes no warranty as to the accuracy of any such information. Site Owner has not reviewed any third-party websites accessible through such links and does not control and is not responsible for any third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Site Owner does not endorse or make any representations about third-party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Site Owner is not 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 third-party websites or links to third-party websites.
- INFORMATION ABOUT YOU AND YOUR SITE USAGE
- ELECTRONIC COMMUNICATIONS
You understand and agree that this Agreement will be entered into electronically, and that the following information will be provided by us to you by electronic means: this Agreement and any amendments, modifications, or supplements to it; any initial, periodic, or other disclosures or notices provided in connection with the Products; all regulatory disclosures; and all communications related to the Site. You expressly consent to receive all communications electronically, either by e-mail, text message, or by notices posted to the Site, and you agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. In order to ensure your continuing access to the Site, you agree to keep your personal information that you provide to us, including your contact information, up to date.
XII. DISCLAIMER OF WARRANTIES AND ACCURACY OF INFORMATION POSTED
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ALL SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE BASIS,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEITHER SITE OWNER NOR ANY AFFILIATE, LICENSOR OR PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR NEEDS OR EXPECTATIONS. SITE OWNER AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XIII. LIMITATION OF LIABILITY
IN NO EVENT WILL SITE OWNER, ITS AFFILIATES AND LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO THE USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT OR SERVICES ON THE SITE, OR ANY USE OR RELIANCE UPON INFORMATION FURNISHED ON THE SITE OR PROVIDED BY US, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. WHILE YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK, IF SITE OWNER SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SITE OWNER’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED THE FEE OF THE LESSER OF A ONE-MONTH SUBSCRIPTION FEE OR ONE HUNDRED DOLLARS ($100). YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION, SITE OWNER AND ITS LICENSORS WOULD NOT PROVIDE THE WEBSITE OR THE CONTENT ACCESSIBLE THEREIN.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliates and service providers, and our respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against all liabilities, claims, damages, judgments, awards, losses, fees, costs and expenses, including reasonable attorneys’ fees and costs that arise out of or relate to your violation of this Agreement or use of the Site, including but not limited to your use of the Content and Services other than as expressly authorized in this Agreement, or your use of any information obtained from the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses
- GOVERNING LAW; BINDING ARBITRATION
Any dispute or claim raised by you or us against the other arising from this Agreement or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, whether based on contract, statute, common law, regulation, ordinance, tort, or any other legal or equitable theory, regardless of what remedy is sought, shall be subject to mandatory, binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law, without giving effect to the principles of conflict of law thereof. This arbitration obligation extends to claims you may assert against our affiliates, successors, assigns, employees, and agents. The arbitration will be conducted as an individual arbitration. Neither you nor we consent or agree to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with arbitration on a class or representative basis. Notwithstanding the foregoing, you irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts in Delaware.
XVI. LIMITATION ON TIME TO FILE CLAIMS
XVIII. WAIVER AND SEVERABILITY
No waiver by us of any term or condition set out in this Agreement 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 us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 Agreement will continue in full force and effect.
XIX. ENTIRE AGREEMENT
The Agreement and any policies posted on the Site constitutes the sole and entire agreement between you and us regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Content on the Site may be from third parties not within Site Owner’s control. Site Owner is under no obligation, and does not undertake, to scan Content used in connection with the Site for the inclusion of illegal or impermissible content. However, Site Owner respects the copyright interests of others and, as a policy, does not knowingly permit Content that infringes another party’s copyright. If you believe any Content on the Site infringe a copyright, please contact us.
XXI. CONTACT US
To contact Site Owner about this Agreement or to provide any other notice, notices must be sent to SareKon, Attn: sarekon.com legal dept., 280 E. 1st Ave #60 Broomfield, CO 80038. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site.
Contact SareKon Support: Email or call 888 726 3511