Website Terms of Use

Last Modified: June 12, 2019

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and the Company. These Terms govern your access to and use of the Website whether as a guest or a registered user.

Please read these Terms carefully before you start, or continue, to use the Website or provide any Personal Information to us. By using the Website and/or by submitting any Personal Information to the Company via the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.saggezza.com/privacy-policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to you if you are over 18 years old and a legal adult in your jurisdiction. By using this Website, you represent and warrant that you have the legal capacity to form a binding contract with the Company. If you do not meet all of these requirements, you are not authorized to use the Website and you must not access or use the Website. Please leave the Website now.

Definitions

“Company,” “we,” and “us” mean Saggezza, Inc. (in the US) and Saggezza Ltd. (outside the US), collectively.

“Terms of Use” or “Terms” means these Website Terms of Use and all documents incorporated by reference herein.

“Website” means www.saggezza.com and www.saggezzacareers.com, collectively, and any content, functionality, and services offered on or through either site.

“You” or “yours” means the user, person or entity who: is visiting, viewing, or using the Website and any Interactive Services.

“Third Party Service Provider” means any third party that collects, processes, and/or uses Personal Information, including any consultant, representative, advisor, or independent contractor (including Sub-processors) who renders services to the Company, a subsidiary, or an affiliate of the Company.

“Sub-processor” means any entity whose software, goods or services are used by the Company in order to operate the Website and provide Services to users.

“Interactive Services” means the interactive chat component, user profiles, and job application platform available via the Website.

“Personal Information” means any information relating to an identified or identifiable natural person.

“Information” means any data you provide to us, or we obtain from you, including Personal Information.

Changes to these Terms of Use

We may revise and update these Terms from time to time in our sole discretion. If we make changes to these Terms, we will notify you via the Website and may notify you via your email address, if you provide us with it at any point in time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, regardless of cause. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access certain resources or functionality on the Website, including the Interactive Services, we require Information from you. It is a condition of your use of the Website that all the Information you provide on the Website is correct, current, and complete. You agree that all Information you provide to register with this Website or otherwise, including, but not limited to, through the use of the Interactive Services on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your Information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Your username, password, and account are your responsibility, and you are liable for any damages, losses, or injuries caused by unauthorized access to your account.

We have the right to disable any user name, password, or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Use of the Website is at your own risk. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate other laws. We may choose to seek civil remedies, or involve law enforcement, in any instance of a breach of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for its intended use only, which, so long as you are authorized to use the Website, is your personal, non-commercial use only, including providing and requesting information regarding potential employment with the Company. You must not record, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, “scrape,” transmit, or retransmit, any of the material on our Website, except as follows:

  1. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  2. You may store files that are automatically cached by your Web browser for display enhancement purposes.
  3. You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  4. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use consistent with the purpose of the application. In order to download and use the application you must agree to be bound by the application’s end user license agreement.

You must not:

  1. Modify copies of any materials from the Website without express authorization.
  2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
  3. Access or use the Website for any purpose other than the Website’s intended purpose (i.e. finding information about, and applying for, careers with the Company).
  4. Engage in any of the Prohibited Uses described below.

Trademarks

The Company name, Company trademarks, the stylized “S” logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You must not use the Website:

  1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and laws regarding obtaining and using Personal Information).
  2. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  3. To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) or accessing the Website by intentionally using any username and password that has not been issued to you.
  4. To cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking without express written permission from us.
  5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you must not:

  1. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website or to use the Website in the matter it is intended to be used.
  2. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website or data available via the Website.
  3. Use any manual process to monitor or copy any of the material on the Website or data available via the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  4. Reverse engineer any portion of the Website.
  5. Use any device, software, or routine that interferes with the proper working of the Website.
  6. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is generally understood to be malicious or technologically harmful.
  7. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website.
  8. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  9. Otherwise attempt to interfere with the proper working of the Website.
  10. Submit any information or content through the Interactive Services that is or could be deemed offensive, harassing, obscene, pornographic, violent, defamatory or libelous.
  11. Use the Website to be abusive, threatening, or discriminatory or to encourage illegal activities.

Interactive Services

Certain Interactive Services allow users to communicate and exchange information with agents of the Company through the Website.

Use of the Interactive Services does not constitute an offer of employment. You acknowledge and agree that we may use any Information you provide to us via your interaction with any Interactive Service to identify and contact you via any means, including email and telephone/cell phone, and that, to the extent not prohibited by law, we may use any such Information in making employment and hiring determinations, as well as in our marketing and business development.

The Interactive Services may be provided by Third Parties and may involve Sub-processors. You consent to these parties and their agents obtaining, processing, sharing, and viewing Information submitted through the Website and Interactive Services.

Monitoring and Enforcement; Termination

We have the right to:

  1. Suspend, remove, or terminate, temporarily or permanently, your account or access to all or any part of the Website with or without notice to you and for any reason or no reason.
  2. Provide your Information to Third Parties (and Sub-processors) for processing as necessary to the functionality of the Website and Interactive Services.
  3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or if we feel it is in our best interests or the best interests of our other users to do so.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. This Website may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Third Party Terms and Conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Website which incorporate Interactive Services or any element provided by a third party with its own terms and conditions. You must agree with and accept those terms of service. Your continued use of the Website signifies your agreement to be bound by these terms of service as well as the Terms herein.

Linking to the Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.‌ You agree to act reasonably in making a determination to link to the Website.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links to utilize services from Third Parties. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of All Warranties – THIS SECTION AFFECTS YOUR RIGHTS

TO THE FULLEST EXTENT PROVIDED BY LAW, WE ARE NOT, AND WE WILL NOT BE, LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY IMPACT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, THE INTERACTIVE SERVICES, SERVICES OF THIRD PARTIES, AND ANY OTHER SERVICES OR ITEMS OBTAINED THROUGH USE OF THE WEBSITE IS AT YOUR OWN SOLE RISK. THE WEBSITE IN ITS ENTIRETY IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability – THIS SECTION AFFECTS YOUR RIGHTS

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, AND/OR ANY SERVICES OR CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY ISSUE OR DISSATISFACTION RELATING TO THE WEBSITE IN ANY WAY IS TO STOP USING THE WEBSITE.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and third party service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of or reliance on the Website or of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use and/or reliance of any information obtained from the Website.

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Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the Northern District of Illinois, Eastern Division, or in the Circuit Court of Cook County, Illinois, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over your person by such courts and to venue in such courts. You hereby consent to and waive any argument of forum non conveniens.

You hereby agree to: (1) waive your right to bring a lawsuit against the Company or its officers, employees, and agents outside of Illinois; and (2) waive your right to argue that any other state’s law applies to such a case.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use (including all documents incorporated by reference herein) constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

In the US, this Website is operated by Saggezza , Inc. 200 W Madison St, Suite 1800, Chicago, IL 60606.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to the appropriate operator, above.

Pursuant to Article 27 of Europe’s General Data Protection Regulation (GDPR), we have appointed a representative in the UK to act as our GDPR representative in the EU where required (“GDPR Representative”). You can contact our GDPR Representative by sending an email to marketing@www.saggezza.com or by writing to our GDPR Representative at:

 ATTN: Privacy Department, 200 W Madison St, Suite 1800, Chicago, IL 60606


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