If you live in the United States or Canada, by agreeing to these Terms you are agreeing to waive any and all jury trials and resolve any dispute with SAGG through binding arbitration (see the Dispute Resolution section, below).
- Your Account
You need to setup an account with SAGG to enable yourself to receive our Services. You have responsibility for your SAGG account, and you must ensure that all the information you provide SAGG with is accurate, including your e-mail address. You should hold your username and password in strict confidence. If someone other than you obtains and uses your login credentials, SAGG reserves the right to disable your account, without providing you a refund.
- Course Enrollment and Limitation of Use
Any educational or other materials received by you from SAGG are the sole property of SAGG. When you receive SAGG’s Services, you are receiving a limited license from SAGG to view its materials and utilize them to educate yourself. SAGG’s courses are licensed to you—you do not own them. You cannot resell the course in any way, or share SAGG’s materials or its services with others. In other words, SAGG gives you a limited, non-exclusive, non-transferable license to access and view SAGG’s materials, solely for your personal, non-commercial, educational purposes through SAGG’s Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of SAGG’s Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless SAGG gives you explicit permission to do so in a written agreement. This applies to content you access via SAGG’s website or mobile app.
- Payment for Services
You agree to pay the fees for SAGG’s Services that you elect to purchase, and you authorize SAGG to charge your debit or credit card or process other forms of payment for those fees. SAGG will not provide refunds, unless SAGG determines, in its sole discretion, that a refund is warranted.
- Ownership of Content
In the event you make comments, pose question, or submit suggestions for new Services improvements to SAGG, you authorize SAGG to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as SAGG sees fit. In other words, by submitting information to SAGG, you grant SAGG a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with SAGG for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize SAGG to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
- SAGG’s Rights
All right, title, and interest in and to the SAGG online presence and its Services, including its website, its existing or future applications, its mobile applications, and its databases are and will remain the exclusive property of SAGG. You cannot use the SAGG name or any of the SAGG trademarks, logos, domain names, marketing materials, educational materials, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SAGG or the Services is entirely voluntary and SAGG is free to use such feedback, comments, or suggestions as it sees fit and without any obligation to you.
In accessing SAGG’s website or utilizing its materials and Services, you agree that you shall not copy, modify, create a derivative work of, reverse engineer, or reverse assemble SAGG’s Services or materials. In addition, you shall not use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as SAGG) to others.
- Miscellaneous Terms
You also agree that these Terms represent the entire understanding between you and SAGG, and they supersede all previous agreements, whether oral or written between you and SAGG. No change or modification of these Terms shall be valid unless the same be in writing and published by SAGG on its website. If any portion of these Terms is found to be invalid or unenforceable, it shall be severable from all other portions of these Terms.
Neither the waiver by SAGG of a breach of or a default under any of the provisions of these Terms, nor the failure by SAGG, on one or more occasions, to enforce any of the provisions of these Terms or to exercise any right or privilege hereunder shall thereafter be construed as a waiver of any subsequent breach or default of a similar nature, or as a waiver of any provisions, rights or privileges hereunder.
SAGG’s Services and materials are provided on an “as is” and “as available” basis. SAGG makes no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or SAGG’s materials, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. SAGG makes no warranty that you will obtain specific results from use of the Services or SAGG’s materials. Your use of the Services (including any content) is entirely at your own risk.
You also agree that SAGG shall not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, as a result of SAGG’s services or your use of SAGG’s materials. SAGG’s liability to you or any third parties under any circumstance is limited to the total amount paid by you to SAGG over the previous 12 month period before the event giving rise to your claim(s).
You agree to indemnify, defend, and hold harmless SAGG and its members, managers, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from any actions taken by you that are intentional or negligent. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
You also agree that no joint venture, partnership, employment, contractor, or agency relationship exists between you and SAGG.
- Dispute Resolution
Your relationship with SAGG and use of SAGG’s Services and materials shall be governed by the laws of the State of North Carolina, and any disputes arising under these Terms shall be adjudicated in Mecklenburg County, North Carolina.
You agree that any controversy or claim arising out of or relating to these Terms or your relationship with SAGG and use of SAGG’s Services and materials, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Expedited Commercial Arbitration Rules. The arbitration hearing shall take place before a single arbitrator in Mecklenburg County, North Carolina. This agreement to arbitrate shall be enforceable under and subject to the Federal Arbitration Act, 9 U.S.C. Sections 1, et. seq. In addition, no arbitration proceeding hereunder shall be filed or pursued as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated. Moreover, no arbitration proceeding hereunder shall be consolidated with, or joined in any way with, any other arbitration proceeding. THE PARTIES AGREE TO ARBITRATE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. You and SAGG agree that at the conclusion of any arbitration, the losing party shall be solely responsible for all legal fees and costs incurred by the prevailing party, including fees incurred during pre-trial, trial, and any applicable appeal or appeals.
- Updating these Terms
When SAGG deems it appropriate, it may update these Terms to clarify its practices or to reflect new or different practices. SAGG reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If SAGG makes any material change, it will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through its website. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.