TERMS & CONDITIONS

SageSurfer.com - Terms of Use Agreement

To use the SageSurfer Platform (the “Platform”), you must be a registered member (“Registered Member”). A Registered Member may be (a) a provider (“Provider”), which may be a professional health provider such as a case manager or a non-professional service provider, or (b) an individual authorized or invited to use the Platform by a Provider, another Registered Member, or SageSurfer, Inc. directly.

You agree that:

Registered Members (or “Members”) of the Platform may create and maintain their own SageSurfer Teams (or “Teams”) within Platform. Members can make their Teams either public or private. A SageSurfer Team consists of internet-based discussions, announcements, Team event calendar, gallery, and other functionalities that enable Members in the Team or non-Team Members to communicate with each other.

The Registered Member, which may be an admin or non-admin user, who creates a SageSurfer Team is the “Team Owner.” The Team Owner may invite other Team Moderators. The Team Owner and the Team Moderator(s) are responsible for managing the Team and to report to SageSurfer support at support@SageSurfer.com of any abuse or violation of Team guidelines. In the Team Owner’s sole discretion, he or she may:

  • • decide whether the SageSurfer Team is restricted to certain individuals or is accessible to the general public;

  • • change the SageSurfer access designation (whether private or public) at any time;

  • • in private SageSurfer Teams, decide who may be a Team Member, and the Team Member list may be changed at any time in the Team Owner’s discretion;

  • • delete any Member Content posted to the SageSurfer Team; and

  • • request for deletion of a Team.

For users who are under 18 or are impaired, only their parent, legal guardian, or other authorized representative can:

  • • provide us with the necessary informed consent to register the participant for use or access of the Platform as a Registered Member; and

  • • after registering, decide who can be part of the Member’s support Team

In addition, the Team Owner may also transfer or delegate any of these decisions and/or responsibilities to another Registered Member, who should be designated as a “Team Moderator.” In the Team Moderator’s sole discretion, he or she may:

  • • in private SageSurfer Teams, decide who may be a Team Member, and the Team Member list may be changed at any time in the Team Moderator’s discretion; and

  • • delete any Member Content posted to the SageSurfer Team.

In response to a Registered Member, if SageSurfer Team policies are violated, SageSurfer may take any or all of the actions that a Team Owner or Team Moderator may, as described above, and/or the following actions with regard to the SageSurfer Team:

  • • delete an entire SageSurfer Team;

  • • change Team Owner or Team Moderator status;

  • • block any Member from the SageSurfer Team; or

  • • revoke a Team’s SageSurfer Membership.

 By registering for and creating an account on the SageSurfer Platform, I agree to comply with and be bound by the terms and conditions set forth in the Terms of Use and the Privacy Policy. I am giving my permission to the invited individual to participate in collaborative discussions on the SageSurfer Platform. If the invited individual is under 18 years of age or impaired, I certify that I am the parent, legal guardian, or authorized representative of the invited individual and that I am providing consent on behalf of the invited individual. I agree and acknowledge that the collaborative discussions may include the disclosure of confidential health information, including Protected Health Information (“PHI”) as defined under Health Insurance Portability and Accountability Act (“HIPAA"), or other personal information, and that neither SageSurfer, Inc. nor any Provider is responsible or liable for any information shared and/or disclosed through the SageSurfer Platform. I have the right to revoke this authorization at any time, but I cannot revoke information already released in accordance with this authorization. I agree and acknowledge that any information shared with one Member of my SageSurfer Team may be shared with and/or disclosed to another Member of my SageSurfer Team. I agree and acknowledge that my Team Members may record any video or audio communications we have through the SageSurfer Platform, provided that I give my consent prior to each recordation.


Terms

SageSurfer Team - Terms of Use Agreement

Last updated: September, 11, 2020


SageSurfer Inc., ("SageSurfer" or "we") operates SageSurfer.com a social networking service that connects users, family members, care team, and providers to create a support team for the users. SageSurfer can be contacted at 1250 Borregas Ave, Sunnyvale, CA 94089. The services offered by SageSurfer include any SageSurfer branded URL (the "SageSurfer Website"), the SageSurfer instant messaging service, the SageSurfer application developer service and other features (for example, music and video embedded players), SageSurfer mobile services, and any other features, content, or applications offered from time to time by SageSurfer in connection with SageSurfer's business (collectively, the "SageSurfer Services"). The SageSurfer Services are hosted in the United States.

SAGESURFER WEBSITE AND SAGESURFER SERVICES ARE NOT AVAILABLE FOR USE IN THE EUROPEAN UNION.

Please do not register for our Services if you live anywhere in the European Union. If we discover any unauthorized registration on our SageSurfer Website or for our SageSurfer Services, we reserve the right to terminate the registration. By using the SageSurfer Website or SageSurfer Services, or by providing SageSurfer with your information (as detailed under the Privacy Policy), you consent to this collection, transfer, storage, and processing of information to and in the US.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the SageSurfer Services. By using the SageSurfer Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SageSurfer Website, including through a mobile device or otherwise use the SageSurfer Services without being registered) or you are a "Member" (which means that you have registered with SageSurfer). The term "User refers to a Visitor or a Member. You are only authorized to use the SageSurfer Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE TO BE BOUND BY IT OR WITH ANY OF THE LEGAL PROVISIONS APPLICABLE TO IT AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE THE SAGESURFER WEBSITE AND DISCONTINUE USE OF THE SAGESURFER SERVICES IMMEDIATELY

If you wish to become a Member, communicate with other Members and/or make use of the SageSurfer Services, you must read this Agreement and indicate your acceptance during the registration process.

This Agreement includes SageSurfer's policy for acceptable use of the SageSurfer Services and Content (as defined in Section 6.1 below) posted on or through the SageSurfer Services and your rights, obligations and restrictions regarding your use of the SageSurfer Services and Content posted on or through the SageSurfer Services. In order to participate in certain SageSurfer Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from SageSurfer. Unless otherwise provided by the additional terms and conditions applicable to the SageSurfer Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@sagesurfer.com, Subject: Terms of Use Agreement.

SageSurfer may modify this Agreement from time to time and such modification shall be effective upon posting by SageSurfer on the SageSurfer Website. Your continued use of the SageSurfer Services after SageSurfer posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are duly informed of any changes.

Please choose carefully the information you post on or through the SageSurfer Services and that you provide to other Users. Your SageSurfer profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, other SageSurfer Members may provide information, materials, products or services (for instance, in their profile) that may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and SageSurfer assumes no responsibility or liability for any such prohibited material. If you become aware of misuse of the SageSurfer Services by any User, please click on the "Contact SageSurfer" link at the bottom of the SageSurfer Website pages.

SageSurfer reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the SageSurfer Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. SageSurfer expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the SageSurfer Services if SageSurfer determines, in its sole discretion, that you (i) are violating or have violated this Agreement, (ii) pose a threat to SageSurfer and/or its Users and/or (iii) are violating or have violated any applicable law.

  1. 1. Eligibility :Use of the SageSurfer Services and registration to be a Member for the SageSurfer Services ("Membership") is void if your actions are prohibited or violate this Agreement or any applicable law. By using the SageSurfer Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years of age, (d) if you are under 18 years of age or impaired, your parent, legal guardian, or authorized representative has provided the proper consent to SageSurfer for your use and access of the SageSurfer Services; and (e) your use of the SageSurfer Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that the proper consent was not provided at registration or if your use of the SageSurfer Services is not otherwise authorized.

  2. 2. Term :This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the SageSurfer Services or you are a Member of SageSurfer. You may terminate your Membership at any time, for any or no reason, by following the instructions on the Member's Account Settings page. SageSurfer may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.

  3. 3. Fees :You acknowledge that SageSurfer reserves the right to charge for any portion of the SageSurfer Services and to change its fees (if any) from time to time in its discretion. If SageSurfer terminates your Membership because you have breached the Agreement, you shall not be entitled to a refund of any unused portion of fees or payments (if any). If you have any questions, please contact support@SageSurfer.com.

  4. 4. Password :When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SageSurfer immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

  5. 5. Use by Members :The SageSurfer Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by SageSurfer. SageSurfer reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the SageSurfer Services, including collecting usernames, userID numbers and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the SageSurfer Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. SageSurfer reserves the right to take appropriate legal action for any illegal or unauthorized use of the SageSurfer Services.

  6. 6. Proprietary Rights in Content on SageSurfer :

    1. 6.1 The license you grant to SageSurfer is non-exclusive (meaning you are free to license your Content to anyone else in addition to SageSurfer), fully-paid and royalty-free (meaning that SageSurfer is not required to pay you for the use on the SageSurfer Services of the Content that you post), sublicensable (so that SageSurfer is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the SageSurfer Services), and worldwide (because the Internet and the SageSurfer Services are global in reach).

    2. 6.2 You represent, warrant and covenant that: (i) you own the Content posted by you on or through the SageSurfer Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the SageSurfer Services does not violate any applicable laws, including but not limited to the privacy rights, publicity rights, intellectual property rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you on or through the SageSurfer Services.

    3. 6.3 SageSurfer does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the SageSurfer Services. After posting your Content to the SageSurfer Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("Posting") any Content on or through the SageSurfer Services, you hereby grant to SageSurfer a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the SageSurfer Services, including without limitation, distributing part or all of the SageSurfer Website in any media formats and through any media channels, except Content marked "private" will not be distributed outside the SageSurfer Website. This limited license does not grant SageSurfer the right to sell or otherwise distribute your Content outside of the SageSurfer Services. After you remove your Content from the SageSurfer Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the SageSurfer Website you change the Content's privacy setting to "private," we will cease distribution of such "private" Content outside the SageSurfer Website as soon as practicable after you make the change.

    4. 6.4 The SageSurfer Services contain Content of SageSurfer ("SageSurfer Content"). SageSurfer Content is protected by copyright, trademark, patent, trade secret, industrial secret, and other laws, and SageSurfer owns and retains all rights in the SageSurfer Content and the SageSurfer Services. SageSurfer hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the SageSurfer Content (excluding any software code) solely for your personal use in connection with viewing the SageSurfer Website and using the SageSurfer Services.

    5. 6.5 The SageSurfer Services contain Content of Users and other SageSurfer licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SageSurfer Services.

    6. 6.6 SageSurfer performs technical functions necessary to offer the SageSurfer Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the SageSurfer Services.

  7. 7. Content Posted :

    1. 7.1 SageSurfer may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of SageSurfer violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. SageSurfer assumes no responsibility for monitoring the SageSurfer Services for inappropriate Content or conduct. If at any time SageSurfer chooses, in its sole discretion, to monitor the SageSurfer Services, SageSurfer nonetheless assumes no responsibility or liability for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility or liability for the conduct of the User submitting any such Content.

    2. 7.2 SageSurfer reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any and all Content from any Service. For some of the Services, SageSurfer may provide tools to filter out explicit sexual content. In addition, there are commercially available, third party services and software to limit access to material that you may find objectionable, but SageSurfer assumes no responsibility or liability for such third party services.

    3. 7.3 You understand that by using the SageSurfer Services, you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the SageSurfer Services at your own risk.

    4. 7.4 You agree that you are solely responsible for (and that SageSurfer has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the SageSurfer Services and for the consequences of your actions (including any loss or damage which SageSurfer may suffer) by doing so.

    5. 7.5 You are solely responsible for ensuring that all Content that you post on or through any of the SageSurfer Services, and any material or information that you transmit to other Users, conforms to all applicable data protection and privacy laws, including ensuring that you have obtained the prior consent of any and all individuals whose personal information you use and/or disclose on or through SageSurfer.

    6. 7.6 You understand that SageSurfer may display suggested or recommended Content, articles, or other informational materials written by third parties, such as providers or organizations, based on your use of the SageSurfer Services, but SageSurfer assumes no responsibility or liability for such third party materials, including the reliability or applicability of any such materials.

    7. 7.7 You understand that, as part of the SageSurfer Services, SageSurfer provides you with access to forums that include support communities, in which Members can post Content or comments anonymously or non-anonymously, but SageSurfer assumes no responsibility or liability for (a) any Content or comments posted or (b) any action or inaction resulting from or in connection with such Content or comments.

    8. 7.8 You acknowledge and agree that SageSurfer may share any Content or messages you post or share with one Member of your SageSurfer Team with other Members of your SageSurfer Team, for support purposes or collaborative discussions without your prior knowledge or approval.

    9. 7.9 You acknowledge and agree that SageSurfer assumes no liability or responsibility for any Members of your SageSurfer Team disclosing or sharing with a third party any Content or information that you post or share with your SageSurfer Team through the SageSurfer Services.

    10. 7.10 You acknowledge and agree that SageSurfer assumes no liability or responsibility for (a) your inability to contact, respond to, or connect with your SageSurfer Team, other Members, or providers, (b) the lack of or delay in responsiveness of your SageSurfer Team, other Members, or providers, (c) or any resulting actions, inactions, or delays.

  8. 8. Content/Activity Prohibited :

    The following are examples of the kind of Content that is illegal or prohibited to post on or through the SageSurfer Services. SageSurfer reserves the right to investigate and take appropriate legal action against anyone who, in SageSurfer's sole discretion, violates this provision, including without limitation, removing the offending Content from the SageSurfer Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SageSurfer:

    1. 8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

    2. 8.2 harasses or advocates harassment of another person;

    3. 8.3 exploits people in a sexual or violent manner;

    4. 8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

    5. 8.5 solicits personal information from anyone under 18;

    6. 8.6 publicly posts information that poses or creates a privacy or security risk to any person;

    7. 8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

    8. 8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

    9. 8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

    10. 8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

    11. 8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

    12. 8.12 solicits passwords or personally identifying information for commercial or unlawful purposes from other Users;

    13. 8.13 involves commercial activities and/or sales without prior written consent from SageSurfer such as contests, sweepstakes, barter, advertising, or pyramid schemes;

    14. 8.14 includes a photograph or video of another person that you have posted without that person's consent;

    15. 8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;

    16. 8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; or

    17. 8.17 promotes propaganda and/or symbols of organizations which are unconstitutional or illegal in your country;

    18. 8.18 The following are examples of the kind of activity that is illegal or prohibited on the SageSurfer Website and through your use of the SageSurfer Services. SageSurfer reserves the right to investigate and take appropriate legal action against anyone who, in SageSurfer's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

      criminal or tortious activity, including child pornography, corruption of minors, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, intellectual property rights (including but not limited to copyright, trademark and patent infringement), or theft of trade or industrial secrets;

    19. 8.19 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the SageSurfer Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, SageSurfer reserves the right to restrict the number of emails which a Member may send to other Members in any 24- hour period to a number which SageSurfer deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the SageSurfer Services, you acknowledge that you will have caused substantial harm to SageSurfer, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SageSurfer USD $50 for each such unsolicited email or other unauthorized commercial communication you send through the SageSurfer Services;

    20. 8.20 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the SageSurfer Services;

    21. 8.21 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

    22. 8.22 covering or obscuring the banner advertisements on your personal profile page, or any SageSurfer page via HTML/CSS or any other means;

    23. 8.23 any automated use of the system, including but not limited to, using scripts to add friends or send comments or messages;

    24. 8.24 interfering with, disrupting, or creating an undue burden on the SageSurfer Services or the networks or services connected to the SageSurfer Services;

    25. 8.25 impersonating or attempting to impersonate another Member, person or entity;

    26. 8.26 for band, comedy, filmmaker and other profiles containing a SageSurfer player, copying the code for your SageSurfer player and embedding it (or directing others to embed it) anywhere other than your band profile on SageSurfer;

    27. 8.27 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

    28. 8.28 selling or otherwise transferring your profile;

    29. 8.29 using any information obtained from the SageSurfer Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;

    30. 8.30 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the SageSurfer Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or

    31. 8.31 using the SageSurfer Services in a manner inconsistent with any and all applicable laws and regulations.

  9. 9. Protecting Copyrights and Other Intellectual Property :

    SageSurfer respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. SageSurfer has the right to terminate the Membership of infringers.

    If you believe your work has been copied and posted on or through the SageSurfer Website or SageSurfer Services in a way that constitutes copyright infringement or that violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c) (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent:

    • ● Your physical or electronic signature;

    • ● Identification of the copyrighted work(s) that you claim to have been infringed;

    • ● Identification of the material on our Services that you claim is infringing and that you request us to remove;

    • ● Sufficient information to permit us to locate such material;

    • ● Your address, telephone number, and e-mail address;

    • ● A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

    • ● A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner

  10. SageSurfers’s Copyright Agent to receive DMCA Takedown Notices is Anupam Khandelwal, support@SageSurfer.com at SageSurfer, Inc., Attn: DMCA Notice, 1250 Borregas Ave, Sunnyvale, CA 94089. SageSurfer's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here. SageSurfer provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.

  11. 10. Member Disputes :

    You are solely responsible for your interactions with other SageSurfer Members. SageSurfer reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.

  12. 11. Privacy :

    Use of the SageSurfer Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  13. 12. Disclaimers :

    SageSurfer is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the SageSurfer Services, whether caused by Users of the SageSurfer Services or by any of the equipment or programming associated with or utilized in the SageSurfer Services and such User Content does not necessarily reflect the opinions or policies of SageSurfer. Profiles and third-party applications created and posted by Members on the SageSurfer Website may contain links to other websites. SageSurfer is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by SageSurfer. Inclusion of any linked website on the SageSurfer Services does not imply approval or endorsement of the linked website by SageSurfer. When you access these third-party sites, you do so at your own risk. SageSurfer takes no responsibility for third party advertisements or third-party applications that are posted on or through the SageSurfer Services, nor does it take any responsibility for the goods or services provided by its advertisers. SageSurfer is not responsible for the conduct, whether online or offline, of any User of the SageSurfer Services. SageSurfer assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SageSurfer is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the SageSurfer Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the SageSurfer Services. Under no circumstances shall SageSurfer be responsible for any loss or damage, including personal injury or death, resulting from use of the SageSurfer Services, attendance at a SageSurfer event, from any User Content posted on or through the SageSurfer Services, or from the conduct of any User of the SageSurfer Services, whether online or offline. The SageSurfer Services are provided "AS-IS" and as available and SageSurfer expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SageSurfer cannot guarantee and does not promise any specific results from use of the SageSurfer Services.
    SAGESURFER DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR MEMBERS OR OTHER USERS, AND COMMUNICATED TO OTHER MEMBERS, USERS, OR THIRD PARTY VIA OUR APPLICATION. UNDER NO CIRCUMSTANCES WILL SAGESURFER BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR MEMBERS OR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USER OR MEMBER, AND SAGESURFER SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.

  14. 13. Limitation of Liability :

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR FRAUD, GROSS NEGLIGENCE, AND WILLFUL MISCONDUCT, IN NO EVENT SHALL SAGESURFER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, OR THE LOST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM YOUR USE OF THE SAGESURFER WEBSITE OR SAGESURFER SERVICES, EVEN IF SAGESURFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAGESURFER 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAGESURFER FOR THE SAGESURFER SERVICES DURING THE TERM OF MEMBERSHIP.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. TO THE EXTENT THAT SAGESURFER MAY NOT DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF SAGESURFER’S LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.

  15. 14. U.S. Export Controls :

    Software available in connection with the SageSurfer Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the SageSurfer Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

  16. 15. Disputes :

    The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and SageSurfer agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of this Agreement or the SageSurfer Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

  17. 16. Indemnity :

    You agree to indemnify and hold SageSurfer, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party, including another User or Member, due to or arising out of (i) your use of the SageSurfer Services in violation of this Agreement, including any applicable laws; (ii) a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your posting of any Content on or through the SageSurfer Services that causes SageSurfer to be liable to another; and (iv) the negligence, fraud, or willful misconduct of you or your employees or agents.

  18. 17. Other :

    This Agreement is accepted upon your use of the SageSurfer Website or any of the SageSurfer Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SageSurfer regarding the use of the SageSurfer Services. The failure of SageSurfer to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SageSurfer is a trademark of SageSurfer, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: support@SageSurfer.com with any questions regarding this Agreement.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.