Last updated on: June 4, 2016
The Site is not intended for use by anyone not able to legally form binding contracts. If you are not able to legally form binding contracts, you may not use the Site, submit information about yourself to SGI or create or otherwise use an account. By using the Site you represent that you are able to legally form binding contracts.
We reserve the right at any time to change the Site, including eliminating or discontinuing any content on or feature of the Site. In addition, we may revise these TOU at any time, at our sole discretion. Any changes that we make to the TOU will be effective immediately upon posting such changes on the Site. Please check this page periodically to ensure your familiarity with the most current version of these TOU; you will be able to determine if the TOU have been changed since your previous visit by viewing the “Last Updated” information that appears at the top of this page. Your continued use of the Site following such changes will be deemed acceptance of such changes.
Code of Conduct
Subject to these TOU, SGI hereby grants you the right to access and use the Site solely for the following purposes
- If you are accessing the Site as an individual, then any and all use of the Site is for your personal, non-commercial use only
- If you are accessing the Site on behalf of a business entity, then any and all use of the Site must be for such business entity’s internal business purposes in connection with the establishment or continuation of a business relationship with SGI.
- You shall not send or otherwise post unauthorized commercial communications (such as spam) on the Site
- Collect content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) or by bypassing the Site’s user interface without our permission
- Upload viruses or other malicious code to the Site
- Do anything that could disable, overburden, or impair the proper working of the Site, such as a denial of service attack
- Facilitate or encourage any violations of this Agreement.
Prices and availability of any products or services displayed on the Site are subject to change at any time without notice. You agree to pay all charges incurred by you or any user of your account at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
The Site may contain links or produce search results that reference links to third party websites (“Linked Sites”). SGI has no control over these Linked Sites or the content within them. SGI cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. SGI. does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Site to search for or link to another Site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against SGI for any damages or losses whatsoever resulting from such use.
SGI does not promise that the Site will be error-free, uninterrupted, nor that the Site will provide specific results from your use of any content, search or link on them. The Site and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. SGI does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. SGI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SGI, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE. IN NO EVENT SHALL SGI’s AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF SGI’s AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE SITE EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO SGI FOR ACCESSING THIS SITE; OR (B) FIVE U.S. DOLLARS ($5.00).
Additional Representation and Warranties
You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the Site in accordance with these TOU.
You agree to indemnify and hold SGI and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of Santa Ana, USA, and further agree that any cause of action arising under or relating to this Agreement or your use of the Site shall be brought exclusively in such venue. Notwithstanding the foregoing, SGI may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. In the event of any dispute between you and SGI arising under or relating to this Agreement or your use of the Site in which SGI is the prevailing party, you agree that you will pay SGI reasonable attorneys’ fees in connection with SGI commencement and prosecution of the action, and, if applicable, its defense of claims you may bring against SGI. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. SGI failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
These TOU shall remain effective until terminated in accordance with their terms. You agree that we may, in our sole discretion, terminate these TOU and your ability to use this Site (or any portion thereof) if you fail to comply with any term or condition hereof or for any other reason. Upon termination of these TOU, you may no longer use or otherwise access the services or materials provided on this Site and you shall destroy all Materials and copies thereof obtained by you from the Site. The provisions of (Code of Conduct), (Warranty Disclaimers), (Limitation of Liability), (Indemnity), (Additional Representation and Warranties), (Governing Law), (Termination), shall survive termination of these TOU.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 1-916-445-1254 or 1-800-952-5210.
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