John Sagers

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on November 1, 2009.

This Terms of Use Agreement sets forth the standards of use of the JohnSagers.com Online Service. By using the JohnSagers.com website you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at JohnSagers.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

The JohnSagers.com web site provides Members with the personal opinions of John Sagers. Views expressed here do not represent my employer, affiliate, other person, or entity. Member must provide (1) all equipment necessary for their own Internet connection, including computer and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties.

The site is provided by JohnSagers.com on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, John Sagers makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. John Sagers shall have no liability for any interruptions in the use of this Website. John Sagers disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. John Sagers will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site solely at your own risk.

Comments

I welcome comments from registered Members who provide an email address, but reserve the right to edit, move, or delete comments and/or revoke registrations for any reason. By registering at this site you warrant that you are at least 18 years old, have legal rights to material posted in your messages, and are solely responsible for their contents.

By posting your Content at JohnSagers.com, you are granting John Sagers a non-exclusive, royalty-free, perpetual, and worldwide license to use your Content in connection with the operation of the Service, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Content, and/or to incorporate it into a collective work.

Member Conduct

Members agree not to use the Website or Service to:

1. Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;

2. Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;

3. Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Website or Service or servers or networks connected to the Website or Service, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Website or Service;

4. Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;

5. Intimidate or harass another;

6. Use or attempt to use another’s account, service, or personal information;

7. Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Website or Service;

8. Attempt to gain unauthorized access to the Website or Service, other accounts, computer systems or networks connected to the Website or Service, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Website or Service or any activities conducted through the Website or Service;

9. Use any means to bypass or ignore robot.txt, or other measures we use to restrict access or use of the Website or Service;

10. Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

11. Post or transmit any personally identifiable information about persons under 13 years of age.

In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website or Service (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website or Service); or, (ii) use any Website or Service in any manner that could disable, overburden, damage or impair such Website or Service, or interfere with any other party’s use and enjoyment of any Website or Service.

Limitation of Liability

JOHN SAGERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR JOHN SAGERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF JOHN SAGERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

Indemnification

Member agrees to indemnify and hold John Sagers, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

John Sagers reserves the right to modify or discontinue the Service with or without notice to the Member. John Sagers shall not be liable to Member or any third party should John Sagers exercise his right to modify or discontinue the Service. Member acknowledges and accepts that John Sagers does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.

Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While John Sagers makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. John Sagers makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

Governing Jurisdiction of the Courts

Our website is operated and provided in the State of Oregon. As such, we are subject to the laws of the State Oregon, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Oregon.

Compliance with Laws.

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 John Sagers, with all rights reserved, or is the property of John Sagers and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of John Sagers is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of John Sagers.  JohnSagers.com™ is a proprietary mark of John Sagers.

JohnSagers.com’s trademarks may not be used in connection with any product or service that is not provided by JohnSagers.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits JohnSagers.com. All other trademarks displayed on JohnSagers.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with JohnSagers.com.

 

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, JohnSagers.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by JohnSagers.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.