These Terms and Conditions of Use (the “Terms of Use”) apply to the Sagoss Ltd
website located at www.Sagoss Ltd.co.uk and all associated sites linked to by
Sagoss Ltd, its subsidiaries and affiliates, including Sagoss Ltd sites
around the world (collectively, the “Site”).
The Site is the property of Sagoss Ltd a business brand of Sagoss Ltd
Limited (“Sagoss Ltd”) and its licensors.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE,
DO NOT USE THE SITE.
Sagoss Ltd reserves the right, at its sole discretion, to change, modify, add
or remove portions of these Terms of Use, at any time. It is your responsibility
to check these Terms of Use periodically for changes. Your continued use of the
Site following the posting of changes will mean that you accept and agree to the
changes. As long as you comply with these Terms of Use, Sagoss Ltd grants you
a personal, non-exclusive, non-transferable, limited privilege to enter and use
the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained on the
Site is owned, controlled or licensed by or to Sagoss Ltd, and is protected by
trade dress, copyright, patent and trademark laws, and various other
intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no
Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, website or other medium for
publication or distribution or for any commercial enterprise, without
Sagoss Ltd’s express prior written consent.
You may use information on Sagoss Ltd products and services purposely made
available by Sagoss Ltd for downloading from the Site, provided that you (1)
not remove any proprietary notice language in all copies of such documents, (2)
use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or
broadcast it in any media, (3) make no modifications to any such information,
and (4) not make any additional representations or warranties relating to such
documents.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. Sagoss Ltd reserves the right to bar any such
activity.
You may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any
Sagoss Ltd server, or to any of the services offered on or through the Site,
by hacking, password “mining” or any other illegitimate means.
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 may not reverse look-up, trace or
seek to trace any information on any other user of or visitor to the Site, or
any other customer of Sagoss Ltd, including any Sagoss Ltd account not owned
by you, to its source, or exploit the Site or any service or information made
available or offered by or through the Site, in any way where the purpose is to
reveal any information, including but not limited to personal identification or
information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or
Sagoss Ltd’s systems or networks, or any systems or networks connected to the
Site or to Sagoss Ltd.
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 transaction being conducted
on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to Sagoss Ltd 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. You may not use the Site or any Content for any
purpose that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes the rights
of Sagoss Ltd or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these Terms of Use
by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service. Sagoss Ltd’s obligations, if any, with regard to its
products and services are governed solely by the agreements pursuant to which
they are provided, and nothing on this Site should be construed to alter such
agreements. Sagoss Ltd may make changes to any products or services offered on
the Site, or to the applicable prices for any such products or services, at any
time, without notice. The materials on the Site with respect to products and
services may be out of date, and Sagoss Ltd makes no commitment to update the
materials on the Site with respect to such products and services.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to
open an account (including setting up a User ID and password). You are entirely
responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your
account. You agree to notify Sagoss Ltd immediately of any unauthorized use of
your account or password, or any other breach of security. However, you may be
held liable for losses incurred by Sagoss Ltd or any other user of or visitor
to the Site due to someone else using your User ID, password or account. You may
not use anyone else’s User ID, password or account at any time without the
express permission and consent of the holder of that User ID, password or
account.
Sagoss Ltd cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations. Privacy
Sagoss Ltd’s Privacy Policy applies to use of this Site, and its terms are
made a part of these Terms of Use by this reference. To view Sagoss Ltd’s
Privacy Policy, click here.
Additionally, by using the Site, you acknowledge and agree that Internet
transmissions are never completely private or secure. You understand that any
message or information you send to the Site may be read or intercepted by
others, even if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
Links to Other Sites and to the Sagoss Ltd Site
This Site may contain links to other independent third-party websites (“Linked
Sites”) such as new used and out of print books. These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under Sagoss Ltd’s control, and
Sagoss Ltd is not responsible for and does not endorse the content of such
Linked Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding your
interaction with these Linked Sites.
Disclaimers
Sagoss Ltd DOES NOT PROMISE 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. THE SITE
AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL
INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
Sagoss Ltd CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE
SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Sagoss Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Sagoss Ltd DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS,
OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR
USE OF THE SITE AND/OR ANY Sagoss Ltd SERVICES. YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY
AGAINST Sagoss Ltd FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP
USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE
BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action.
Sagoss Ltd reserves the right to do any of the following, at any time, without
notice: (1) to modify, suspend or terminate operation of or access to the Site,
or any portion of the Site, for any reason; (2) to modify or change the Site, or
any portion of the Site, and any applicable policies or terms; and (3) to
interrupt the operation of the Site, or any portion of the Site, as necessary to
perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Sagoss Ltd be liable to you
for any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if Sagoss Ltd has been advised of the possibility
of such damages.
Indemnity
You agree to indemnify and hold Sagoss Ltd, its officers, directors,
shareholders, predecessors, successors in interest, employees, agents,
subsidiaries and affiliates, harmless from any demands, loss, liability, claims
or expenses (including attorneys’ fees), made against Sagoss Ltd by any third
party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Sagoss Ltd may disclose any information we have about you (including your
identity) if we determine that such disclosure is necessary in connection with
any investigation or complaint regarding your use of the Site, or to identify,
contact or bring legal action against someone who may be causing injury to or
interference with (either intentionally or unintentionally) Sagoss Ltd’s
rights or property, or the rights or property of visitors to or users of the
Site, including Sagoss Ltd’s customers. Sagoss Ltd reserves the right at all
times to disclose any information that Sagoss Ltd deems necessary to comply
with any applicable law, regulation, legal process or governmental request.
Sagoss Ltd also may disclose your information when Sagoss Ltd determines
that applicable law requires or permits such disclosure, including exchanging
information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that Sagoss Ltd may preserve any transmittal or
communication by you with Sagoss Ltd through the Site or any service offered
on or through the Site, and may also disclose such data if required to do so by
law or Sagoss Ltd determines that such preservation or disclosure is
reasonably necessary to (1) comply with legal process, (2) enforce these Terms
of Use, (3) respond to claims that any such data violates the rights of others,
or (4) protect the rights, property or personal safety of Sagoss Ltd, its
employees, users of or visitors to the Site, and the public.
You agree that Sagoss Ltd may, in its sole discretion and without prior
notice, terminate your access to the Site and/or block your future access to the
Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to
Sagoss Ltd, for which monetary damages would be inadequate, and you consent to
Sagoss Ltd obtaining any injunctive or equitable relief that Sagoss Ltd
deems necessary or appropriate in such circumstances. These remedies are in
addition to any other remedies Sagoss Ltd may have at law or in equity.
You agree that Sagoss Ltd may, in its sole discretion and without prior
notice, terminate your access to the Site, for cause, which includes (but is not
limited to) (1) requests by law enforcement or other government agencies, (2) a
request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the Site,
or (4) unexpected technical issues or problems.
If Sagoss Ltd does take any legal action against you as a result of your
violation of these Terms of Use, Sagoss Ltd will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and costs of such
action, in addition to any other relief granted to Sagoss Ltd. You agree that
Sagoss Ltd will not be liable to you or to any third party for termination of
your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of England without regard
to its conflicts of laws provisions. You agree to the personal jurisdiction by
and venue in England, and waive any objection to such jurisdiction or venue. Any
claim under these Terms of Use must be brought within one (1) year after the
cause of action arises, or such claim or cause of action is barred. No recovery
may be sought or received for damages other than out-of-pocket expenses, except
that the prevailing party will be entitled to costs and attorneys’ fees. In the
event of any controversy or dispute between Sagoss Ltd 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 we 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, then the parties shall be free to pursue
any right or remedy available to them under applicable law. Void Where
Prohibited
Sagoss Ltd administers and operates the from a location in Slough, Berkshire,
United Kingdom; other Sagoss Ltd sites may be administered and operated from
various locations outside the United Kingdom. Although the Site is accessible
worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in
all geographic locations, or appropriate or available for use outside the United
Kingdom. Sagoss Ltd reserves the right to limit, in its sole discretion, the
provision and quantity of any feature, product or service to any person or
geographic area. Any offer for any feature, product or service made on the Site
is void where prohibited. If you choose to access the Site from outside the
United Kingdom, you do so on your own initiative and you are solely responsible
for complying with applicable local laws.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of
such Content, or any product or service offered on the Site, in violation of any
applicable laws or regulations, including without limitation export laws and
regulations of the United Kingdom. If any of the provisions of these Terms of
Use are held by a court or other tribunal of competent jurisdiction to be void
or unenforceable, such provisions shall be limited or eliminated to the minimum
extent necessary and replaced with a valid provision that best embodies the
intent of these Terms of Use, so that these Terms of Use shall remain in full
force and effect. These Terms of Use constitute the entire agreement between you
and Sagoss Ltd with regard to your use of the Site, and any and all other
written or oral agreements or understandings previously existing between you and
Sagoss Ltd with respect to such use are hereby superseded and cancelled.
Sagoss Ltd will not accept any counter-offers to these Terms of Use, and all
such offers are hereby categorically rejected. Sagoss Ltd’s failure to insist
on or enforce strict performance of these Terms of Use shall not be construed as
a waiver by Sagoss Ltd of any provision or any right it has to enforce these
Terms of Use, nor shall any course of conduct between Sagoss Ltd and you or
any other party be deemed to modify any provision of these Terms of Use.
These Terms of Use shall not be interpreted or construed to confer any rights or
remedies on any third parties.
Sagoss Ltd provides access to Sagoss Ltd international data and, therefore,
may contain references or cross references to Sagoss Ltd products, programs
and services that are not announced in your country. Such reference does not
imply that Sagoss Ltd in your country intends to announce such products,
programs or services.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential.
Sagoss Ltd shall be free to use such information on an unrestricted basis.
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