Last Revised: April 12, 2016
Your use of this website and the tools and services found therein and the website’s Content, as defined in Section 8 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
Our Site is designed to assist individuals in making important life decisions such as senior living options, pet selection, college choices, and more. You may not use the Site for any commercial purposes, whether or not compensated, unless you have 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.
To obtain a Professional License, please contact SagePoint at its email address set forth below. The terms and conditions of the Professional License shall govern your commercial use of the Site.
If you have any doubt or question about whether your use or intended use of the Site constitutes a commercial purpose, it is your responsibility to, before using the Site, contact SagePoint and obtain a written response from SagePoint setting forth whether it deems your intended use to constitute a commercial or non-commercial purpose. SagePoint shall make such determination in its sole and absolute discretion.
In the event a User’s initial usage of the Site is for a non-commercial purpose, but later the usage changes to a commercial purpose, it is the User’s duty to immediately inform SagePoint of such usage change and cease using the Site until the User has obtained the necessary written consent and Professional License from SagePoint.
6. USER ACCOUNT INFORMATION
Some features of the Site are accessed and managed through the creation of an individual account (“User Account”). Individuals may create their own User Accounts via the Site’s login protocols.
By creating a User Account you acknowledge and agree that:
7. USER SUBMITTED CONTENT
Some of the features of this Site, including the feature User Connections, allow Users to connect with family members, friends, and others to publish communications. These communications may include ideas, opinions, recommendations, or advice (collectively, “User Submissions”). SagePoint does not claim ownership of the User Submissions you provide to SagePoint or post, upload, input, or submit to the Site. Unless otherwise specified, you retain copyright and any other rights you already hold over User Submissions that you create and submit, post, or display on or through the Site.
SagePoint monitors, reviews, and collects information from User Submissions. We collect information about the services that you use, how you use them, how you may share them with others, and any products that you may review or purchase. Our systems analyze your content and User Submissions to provide you with customized search results and relevant product and service features.
SagePoint has the right to share or disclose any User Submissions and the circumstances surrounding their submission with our affiliates, subsidiaries, partners, and other interested parties in order to provide you with the most comprehensive services, improve User experience, operate the Site properly, to protect SagePoint, our affiliates and our Users, or to comply with legal obligations or governmental requests. By using our Site, you agree to let us share your information.
You acknowledge and agree that:
By posting your User Submissions using the Site, you confer to SagePoint the right to distribute this content publicly via the Site and any other media at SagePoint’s sole discretion.
SagePoint has no obligation to compensate you for User Submissions.
SagePoint is not liable to you or anyone else for any intentional or unintentional use of your User Submissions.
8. YOUR USE OF THE SITE
Except for User Submissions, 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 the 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 the Site (including without limitation those features that prevent or restrict use or copying of any SagePoint Content) or enforce limitations on the use of the Site therein.
You will not access the Site through any technology or means other than through the 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.
9. LINKS TO OTHER WEBSITES
The Site may contain links to 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 the Site, you expressly release SagePoint from any and all liability arising from your use of any third-party website.
10. 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.
11. 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 THE SITE OR THE SERVICES FOUND AT THE SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
12. 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 THE SITE; (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (III) THE SERVICES FOUND AT THE SITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE 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 THE SITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITE; (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR OTHER DESTRUCTIVE FEATURES, WHICH MAY BE TRANSMITTED TO OR FROM THE SITE OR ANY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE 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 THE SITE OR THE SERVICES FOUND AT THE 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.
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: (I) REQUESTS BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES; (II) A REQUEST BY YOU (SELF-INITIATED ACCOUNT DELETIONS); (III) DISCONTINUANCE OR MATERIAL MODIFICATION OF THE SITE OR ANY SERVICE OFFERED ON OR THROUGH THE SITE; OR (IV) TECHNICAL ISSUES OR PROBLEMS.
15. 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.
17. SUCCESSORS AND ASSIGNS
18. NO THIRD-PARTY BENEFICIARIES
The information contained in the Site is subject to change without notice.
The Site is intended for personal use, or pursuant to the terms of a Professional License purchased from SagePoint, with your understanding that SagePoint is 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.
20. CONTACT INFORMATION
The NavXzy Compass, "Navigate Your Life. Own Your Galaxy," the name NavXzy and the NavXzy "X" are registered trademarks of SagePoint Solutions Group LLC.