SAbER Mountain, Inc.
The goal of SAbER Mountain, Inc. is to create, publish and promote edifying materials such as books, e-books, CDs and DVDs, educational and/or promotional videos, and any other product as needed.
The information SAbER Mountain, Inc. provides is designed to accomplish the objectives of this web site and create an educational experience for its participants.
1. ACCEPTANCE OF TERMS AND BINDING EFFECT
A. SAbER Mountain reserves the right to update the TOU at any time without notice to User.
B. The right to use SAbER Mountain’s web sites is personal to User and is not transferable to any other person or entity. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User’s password(s), if any.
C. COMPANY shall have the right at any time to change or discontinue any aspect or feature of this web site, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
3. DESCRIPTION OF SERVICES
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of SAbER Mountain products /services and all charges related thereto.
5. USER CONDUCT
A. User shall use this SAbER Mountain web site for lawful purposes only. User shall not post or transmit through SAbER Mountain web site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without SAbER Mountain, Inc.’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by User that in SAbER Mountain, Inc.’s discretion restricts or inhibits any other User from using or enjoying SAbER Mountain web site will not be permitted. User shall not use SAbER Mountain web site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with SAbER Mountain, Inc.
B. SAbER Mountain web site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of SAbER Mountain web site are copyrighted as a collective work under the United States copyright laws. SAbER Mountain, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User’s personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of SAbER Mountain, Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on this SAbER Mountain web site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of this SAbER Mountain web site, User automatically grants, or warrants that the owner of such material has expressly granted SAbER Mountain, Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store, or reproduce the material for that User’s personal use. User hereby grants SAbER Mountain, Inc. the right to edit, copy, publish and distribute any material made available on this SAbER Mountain web site by User.
D. The foregoing provisions of Section 5 are for the benefit of SAbER Mountain, Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
A. The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a “Communication Service” and collectively “Communication Services”). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
” Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
” Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
” Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
” Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
” Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
” Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
” Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
” Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
” Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
” Restrict or inhibit any other user from using and enjoying the Communication Services.
” Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
” Harvest or otherwise collect information about others, including email addresses.
” Violate any applicable laws or regulations.
” Create a false identity for the purpose of misleading others.
” Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
B. SAbER Mountain, Inc. has no obligation to monitor the Communication Services. However, SAbER Mountain, Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SAbER Mountain, Inc. reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. SAbER Mountain, Inc. reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SAbER Mountain, Inc. sole discretion.
C. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
D. Always use caution when giving out any personally identifiable information in any Communication Services. SAbER Mountain, Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, SAbER Mountain, Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized SAbER Mountain, Inc. spokespersons, and their views do not necessarily reflect those of SAbER Mountain, Inc.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires User to open an account, User must complete the registration process by providing SAbER Mountain, Inc. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify SAbER Mountain, Inc. immediately of any unauthorized use of User’s account or any other breach of security. SAbER Mountain, Inc. will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by SAbER Mountain, Inc. or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
8. NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEBSITE
A. Any software that is made available to download from the Services (“Software”) is the copyrighted work of SAbER Mountain, Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
B. The License Agreement is based upon one domain name use. Domains need to be fully owned by the User. Users can buy as many licenses as they need for as many domains that the User owns.
C. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The Software is made available for download solely for use or personal use by end users according to the License Agreement. Violators will have their licenses revoked if they do not follow these terms and will be prosecuted to the maximum extent possible.
D. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SAbER Mountain, Inc. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT
E. FOR YOUR CONVENIENCE, SAbER MOUNTAIN, Inc. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SAbER MOUNTAIN, Inc. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.
9. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
SAbER MOUNTAIN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SAbER MOUNTAIN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAbER MOUNTAIN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
10. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL SAbER MOUNTAIN, Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
11. MATERIALS PROVIDED TO SAbER MOUNTAIN, Inc. OR POSTED AT ANY OF ITS WEBSITES
C. SAbER Mountain, Inc. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SAbER Mountain, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of this SAbER Mountain web site, are those of the respective author(s) or distributor(s) and not of SAbER Mountain, Inc.. Neither SAbER Mountain, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
12. COMPLIANCE WITH ALL INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Materials you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Materials do not violate any laws or third party rights rests solely with you.
13. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THIS SAbER MOUNTAIN WEBSITE IS AT USER’S SOLE RISK. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS SAbER Mountain web site WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SAbER Mountain web site, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS SAbER Mountain web site.
B. THIS SAbER Mountain web site IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT SHALL SAbER Mountain, Inc., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING SAbER Mountain RELATED PRODUCTS OR THE SAbER Mountain, Inc. SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS OR ANY OTHER SAbER Mountain web site. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER SAbER Mountain, Inc. NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS OR ANY OTHER SAbER Mountain web site, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. SAbER Mountain Publishing Group International, Inc., ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER SAbER Mountain Publishing Group International, Inc. NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
14. LINKS TO THIRD PARTY SITES
A. THE LINKS IN THIS AREA WILL LET YOU LEAVE SAbER Mountain, Inc.’s SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SAbER Mountain, Inc. AND SAbER Mountain, Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SAbER Mountain, Inc. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SAbER Mountain, Inc. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SAbER Mountain, Inc. OF THE SITE.
B. SAbER Mountain, Inc. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, SAbER Mountain, Inc. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of this or any other SAbER Mountain web site, are those of the respective author(s) or distributor(s) and not of SAbER Mountain, Inc.. Neither SAbER Mountain, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
C. In many instances, the content available through this or another SAbER Mountain web site represents the opinions and judgments of the respective information provider, User, or other user not under contract with SAbER Mountain, Inc.. SAbER Mountain, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this or any other SAbER Mountain web site by anyone other than authorized SAbER Mountain, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will SAbER Mountain, Inc. be liable for any loss or damage caused by a User’s reliance on information obtained through this or any other SAbER Mountain web site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through SAbER Mountain, Inc.. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
15. UNSOLICITED IDEA SUBMISSION POLICY
SAbER Mountain, Inc. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN COMPANY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SAbER Mountain, Inc.. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO COMPANY OR ANYONE AT SAbER Mountain, Inc.. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SAbER Mountain, Inc. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
SAbER Mountain, Inc. shall have the right, but not the obligation, to monitor the content of this or any other SAbER Mountain web site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by SAbER Mountain, Inc. and to satisfy any law, regulation or authorized government request. SAbER Mountain, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on any of its websites. Without limiting the foregoing, SAbER Mountain, Inc. shall have the right to remove any material that SAbER Mountain, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
18. INDEMNIFICATION AND HOLD HARMLESS
User agrees to defend, indemnify and hold harmless SAbER Mountain, Inc., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of SAbER Mountain, Inc. by User or User’s Account.
Either SAbER Mountain, Inc., this, or any other SAbER Mountain web site or User may terminate this Agreement at any time. Without limiting the foregoing, SAbER Mountain, Inc. shall have the right to immediately terminate User’s Account in the event of any conduct by User which SAbER Mountain, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
20. PAYMENTS AND REFUND POLICY
A. Users are charged for software, written publications and online media products. If you pay a company other than us for the service, then the charges and billing terms are as stated by the other company. Even if you do not pay for the service, you may still incur charges incidental to using the service; for example, charges for Internet access, mobile text messaging, or other data transmission.
B. WHEN YOU CREATE A BILLING ACCOUNT, YOU ENTER YOUR PAYMENT METHOD. YOU MUST BE AUTHORIZED TO USE THE PAYMENT METHOD. YOU AUTHORIZE US TO CHARGE YOU FOR THE SERVICE USING YOUR PAYMENT METHOD AND FOR ANY PAID FEATURE OF THE SERVICE FOR WHICH YOU CHOOSE TO SIGN-UP OR USE WHILE THIS CONTRACT IS IN FORCE. WE MAY BILL YOU FOR MORE THAN ONE OF YOUR PRIOR BILLING PERIODS TOGETHER. IF WE INFORMED YOU THAT THE SERVICE WOULD BE PROVIDED INDEFINITELY OR AUTOMATICALLY RENEWED, WE MAY AUTOMATICALLY RENEW YOUR SERVICE AND CHARGE YOU FOR ANY RENEWAL TERM.
C. You may have received a limited time of free service or some other trial period offer. Unless we notify you otherwise, if you are participating in any trial period offer, you must cancel the service by the end of the trial period to avoid incurring charges. If you do not cancel your service, and we have informed you that the service will automatically be converted into a paid subscription at the end of the trial period, then you authorize us to charge your payment method for the service.
D. The price for the service excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of the service from time to time, but we will tell you before we do.
E. If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the service will be charged at the new price.
F. If you do not agree to these changes, then you must cancel and stop using the service before the changes take place. If you cancel your service, then your service ends at the end of your current service time length or, if we bill your account on a period basis, at the end of the period in which you cancelled.
G. We will provide you with an online billing statement accessible online through your User Account. This is the only billing statement that we provide. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.
H. You may cancel the service at any time, with or without cause. Go to this SAbER Mountain web site login page and login to obtain information on cancelling your service at the bottom links. Certain service offers may require cancellation charges, and you will pay all cancellation charges as specified in the materials describing the offer. Cancellation of the service by you will not alter your obligation to pay all charges made to your billing account for which you have already used the Services.
J. The User Fee is non-refundable. If you cancel a paid User Fee, SAbER Mountain, Inc. will refund the pro-rated amount based on the number of un-used days of User Fee. Under no circumstances will the amount of the refund exceed the amount you paid for Services.
21. ENTIRE AGREEMENT
Each party to this Agreement expressly agrees that all disputes, claims or controversies that exist or may come to exist between them including, without limitation, all disputes, claims or controversies that exist or may arise out of, under or in connection with this Agreement, first to binding arbitration located in Ada County, State of Idaho (or any other location deemed convenient by SAbER Mountain, Inc.) in accordance with the Commercial Arbitration Procedures of the American Arbitration Association. The parties agree that judgment upon the arbitration award will be final, binding and conclusive upon each party and may be entered into any court having jurisdiction. In the case of action under this Section, the prevailing party shall be entitled to recover its costs of the proceeding, including reasonable attorneys’ fees and out of pocket expenses.
23. CHOICE OF LAW, VENUE AND FORUM
The section headings used herein are for convenience only and shall not be given any legal importance.
All contents of this or any other SAbER Mountain Website or Services are: © SAbER Mountain, Inc. All rights reserved.
Copyright notices are displayed at the bottom of the websites.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
28. NO LICENSE
Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, logos and the like owned by SAbER Mountain, Inc. or by any third party.
Any notices to SAbER Mountain, Inc. shall be given by email to support(at)sabermountaincs.com or by certified mail, return receipt requested to SAbER Mountain, Inc., address 400 N. Geneva Rd., Lindon, UT 84042 USA. Any notice to Users shall be sent by email to the email address provided by the User. Email notices to a User shall be deemed delivered twenty-four (24) hours from the time the email is sent. Notices to SAbER Mountain, Inc. shall be deemed delivered five (5) calendar days after sent by certified mail.
30. COPYRIGHT INFRINGEMENT
SAbER Mountain, Inc. has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on this or any other SAbER Mountain Website or with their Services. SAbER Mountain, Inc. has adopted a policy that provides for the immediate suspension and/or termination of any Website or Services user who is found to have infringed on the rights of SAbER Mountain, Inc. or of a third party, or otherwise violated any intellectual property laws or regulations. SAbER Mountain, Inc.’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SAbER Mountain, Inc. to delete, edit, or disable the material in question, you must provide SAbER Mountain, Inc. with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SAbER Mountain, Inc. to locate the material; (d) information reasonably sufficient to permit SAbER Mountain, Inc. to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective you must provide it to the Copyright Infringement Unit, support(at)sabermountaincs.com and by certified mail, return receipt requested SAbER Mountain, Inc., address 900 S. Prospect Peak Way, Emmett, ID 83617 USA.
31. INDEPENDENT PARTIES
You and SAbER Mountain, Inc. expressly agree that each is an independent contractor of the other. Neither party is an agent, representative, broker, employee, partner or joint-venturer of the other party. This Agreement shall not be interpreted or construed to create an association, joint venture, agency, franchise or partnership between the parties or to impose any partnership obligation or liability upon either party
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
Terms of Service Updated May 2020
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