Last Updated: April 20, 2023
WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME. WE WILL NOTIFY YOU IF THIS AGREEMENT IS AMENDED BY UPDATING THE “LAST UPDATED” SECTION LISTED ABOVE. IT IS YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THIS AGREEMENT TO DETERMINE WHETHER ANY AMENDMENTS HAVE BEEN MADE HERETO. YOUR USE OF OUR SITES AND SERVICES, AND CONTINUED USE THEREOF AFTER ANY AMENDMENTS ARE MADE TO THIS AGREEMENT, SIGNIFIES YOUR CONSENT TO THIS AGREEMENT AND ANY AMENDMENTS HERETO. WE MAY, IN OUR SOLE DISCRETION, PROVIDE YOU COMMUNICATIONS ABOUT CHANGES TO THIS AGREEMENT. SUCH COMMUNICATIONS DO NOT ABROGATE OR OTHERWISE LIMIT YOUR RESPONSIBILITY TO PERIODICALLY REVIEW THIS AGREEMENT TO DETERMINE WHETHER ANY AMENDMENTS HAVE BEEN MADE HERETO.
AS USED IN THIS AGREEMENT, THE TERMS “YOU” OR “YOUR” MEANS THE INDIVIDUAL ACCESSING OR USING THE SERVICE, OR THE COMPANY, OR OTHER LEGAL ENTITY ON BEHALF OF WHICH SUCH INDIVIDUAL IS ACCESSING OR USING THE SITE OR SERVICE, AS APPLICABLE.
Disclaimer / No Warranty of Any Kind; Liability
THE MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, SAI GROUP AND OR ITS ASSIGNS (COLLECTIVELY, “SERVICE PROVIDERS”) DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITES OR THEIR SERVERS THAT MAKE THE SITES AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE SERVICE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE INFORMATION AND DESCRIPTIONS CONTAINED HEREIN ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO ALL PRODUCTS AND SERVICES AVAILABLE FROM OR THROUGH US, BUT ARE PROVIDED SOLELY FOR GENERAL INFORMATIONAL PURPOSES.
Neither Service Providers nor any independent provider/transmitter of Information shall be liable in any way, and you agree to indemnify and hold harmless Service Providers and the independent providers/transmitters for (1) any inaccuracy, error, or delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from or occasioned by (a) any such inaccuracy, error, delay, or omission, (b) non-performance, (c) interruption of Information due either to any negligent act or omission by Service Providers or providers/transmitters of Information or to any “force majeure” (i.e. flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction) or any other cause beyond the reasonable control of Service Providers or the Information providers/transmitters.
THE SITES MAY BE LINKED TO OTHER WEBSITES WHICH ARE NOT MAINTAINED BY THE SERVICE PROVIDERS. THE SERVICE PROVIDERS ARE NOT RESPONSIBLE FOR THE CONTENT OF THOSE WEBSITES. THE INCLUSION OF ANY LINK TO SUCH WEBSITES DOES NOT IMPLY APPROVAL OF OR ENDORSEMENT BY THE SERVICE PROVIDERS OF THOSE WEBSITES OR THE CONTENT THEREOF. LIMITATION OF LIABILITY IN NO EVENT SHALL SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF THE USE OR INABILITY TO USE THE SITES OR SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF SERVICE PROVIDERS WERE ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE, AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
While the Service Providers use reasonable efforts to include accurate and up-to-date information on the Sites, errors or omissions sometimes occur. Service Providers make no warranties or representations as to the accuracy of the Sites. Under no circumstances, including, but not limited to, negligence, shall Service Providers or any party involved in creating, producing, or delivering the Sites be liable to you for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the materials on this web site, even if Service Providers have, or any of their authorized representatives has, been advised of the possibility of such damages. In no event shall Service Providers’ total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Sites. Service Providers also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property as a result of your access to, use of, or browsing in the Sites of Services or your downloading of any materials, data, text, images, video, or audio from the Sites.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Restrictions on Use of Materials
The Sites are owned and/or controlled and operated by Service Providers. Except as otherwise expressly permitted by Service Providers, no materials from the Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Such materials may include without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, and copyrights. You may download material displayed on the Sites for your use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not distribute, modify, transmit, reuse, repost, or use the content of the Sites for public or commercial purposes, including the text, images, audio, and video without Service Providers’ written permission. Service Providers neither warrant nor represent that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with Service Providers.
In consideration for your use of the sites, you agree to provide true, current, accurate, and complete information about yourself as requested during any registration process or feature, and to update such information as may be necessary to keep it true, current, accurate, and complete. You agree that you will use the sites in a manner that complies with all applicable laws, and you acknowledge that you are solely responsible for any content that you upload, download, transmit or otherwise process using the sites. You represent that you are 18 or older. If you are under 18, you are not permitted to access the sites or use the services.
Termination of Use
You agree that service providers, in their sole discretion, may terminate your use of and access to all or a portion of the sites and/or the services, and remove and discard any content within the sites and services, for any reason, including, without limitation, for lack of use, or if service providers believe that you have violated this agreement. You agree that any termination of your access to the sites or services may be effected without prior notice, and acknowledge and agree that service providers may immediately deactivate or delete any account attributable or created by you and all related information, content, or other files in such account and/or prevent any further access to the sites, such account files or the services. Further, you agree that service providers shall not be liable to you or any third-party as a result of service providers’ termination of your access to or use of the sites or services.
Unless otherwise expressly set forth herein, service providers make no representation that content or services on the sites are appropriate or available for use in any location. Those who choose to access the sites do so on their own initiative and are responsible for compliance with local laws. The information contained on the sites are not an offer to sell or a solicitation to buy any product or service.
You agree that no product or service is offered or will be accessed or used by you in any jurisdiction in which such offer or solicitation, purchase, or sale would be unlawful under the laws of such jurisdiction. Some products and services may not be available in all jurisdictions.
Trademarks and Copyrights
All trademarks, services marks, trade names, logos, and icons are proprietary to service providers or their vendors. Nothing contained on the sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the sites without the written permission of service providers or such third party that may own the trademarks displayed on the sites. Your use of the trademarks displayed on the sites, or any other content on the sites, except as provided herein, is strictly prohibited. Images displayed on the sites are either the property of, or are used with permission by service providers. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You acknowledge that any software available or provided to you on the sites or services (if any) may contain technology that is subject to strict controls by various agencies of the united states government pursuant to the united states export control laws and regulations. You hereby agree that you will not transfer or export such software from the united states (including, for example, providing such software to any foreign person or entity in the united states) or re-export such software outside the united states in violation of united states export laws and regulations. Service providers do not authorize the downloading or exportation of any software or technical data from the sites or services to any jurisdiction prohibited by the united states export controls laws and regulations.
This Agreement shall constitute the complete and exclusive agreement between you and Service Providers. While Service Providers reserve the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of Service Providers execute a separate written agreement. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision or of the remaining provisions of this Agreement. This Agreement shall be subject to and construed in accordance with the laws of the Commonwealth of Pennsylvania and the federal laws of the Unites States, without regard to conflicts of law provisions, and you hereby consent that any and all disputes arising under this Agreement shall be submitted to arbitration in the Commonwealth of Pennsylvania. You further agree to an arbitration on an individual basis. In any dispute, the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and YOU AGREE THAT YOU WAIVE ANY RIGHT TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. All proceedings herein under shall be conducted in English and English shall be the prevailing language of all terms and communications in connection with any dispute or proceeding.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. The arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, Service Providers may obtain equitable relief in any court to protect its intellectual property.
If you have questions regarding this Agreement or your access or use of the Sites governed by this Agreement, or would like to request more information from us, please contact us by: (email) [firstname.lastname@example.org]; (telephone) [+1 (610) 685-4200]; or (mail) 4970 DeMoss Road, Suite 300, Reading, PA 19606, USA.