Effective Date: October 16, 2023
Legal Capacity and Age
Ownership of the System and the Services and Access License
You understand and agree that SageView owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services. You acknowledge that the System and the Services are proprietary to SageView and are protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in the System or the Services by accessing the System or using the Services.
Use of the System and Services
In connection with your access to the System and your use of the Services, you agree you will not (or allow or assist a third party to):
(a) violate any applicable laws or regulations;
(b) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the System or the Services;
(c) access the System or use the Services for any unlawful, unauthorized, fraudulent or malicious purpose;
(d) access the System or use the Services in a manner that could damage, disable, overburden, or impair any of SageView’s servers or networks or other users of System or the Services;
(e) access the System or use the Services in a manner that could interfere with any other party's use and enjoyment of the System or the Services;
(f) gain unauthorized access to any accounts, systems, or networks through hacking, password mining or any other similar means;
(g) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any SageView representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) access systems, networks, data, or information not intended by SageView to be made accessible to a user;
(i) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
(j) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that infringes any intellectual property or proprietary rights of any party;
(k) upload or transmit viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the System or the Services;
(l) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(m) delete or revise any material posted by any other person or entity;
(n) probe, scan, test the vulnerability of or breach the authentication measures of, the System or the Services or any related networks or systems without the express prior written consent of SageView;
(o) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(p) harvest or otherwise collect information about others, including e-mail addresses;
(q) use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any content, information, or data thereon; or
(r) access the System or use the Services in a manner other than for their intended purpose.
Representations and Warranties
You represent and warrant that: (a) all information, data, materials, or other content that you submit to or through the System or the Services are and shall be true, accurate, complete, and suitable for the purpose which they are intended; and (b) your access to the System and use of the Services shall comply with all applicable laws and regulations.
Accounts, Logins, Passwords, and Security
In order to utilize certain Services on the System, you may need to set up an account (including establishing a login ID and password). You shall update your password at regular intervals, but in no class less frequently than once every six (6) months.
You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account. You agree to notify SageView immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by SageView or any other person or entity due to another person using your account, login ID, or password.
We reserve the right to suspend or terminate your account for any reason without notice.
This System is intended for informational purposes only and does not constitute an offer to sell or the solicitation of an offer to purchase any security or investment product or services. The System is provided solely for your personal use and shall not be deemed to provide access to any particular transaction or investment opportunity. SageView does not intend the information on the System to be investment advice, and the information presented on the System should not be relied upon to make an investment decision.
Disclaimer of Warranties
The SYSTEM AND THE SERVICES ARE provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
SageView AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SYSTEM AND THE SERVICES ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SYSTEM OR THE SERVICES. WE MAKE NO WARRANTY THAT THE SYSTEM OR THE SERVICES WILL MEET YOUR REQUIREMENTS. IF YOU ARE dissatisfied WITH THE SYSTEM OR THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SYSTEM OR THE SERVICES.
SageView PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SYSTEM AND THE SERVICES WITHOUT NOTICE. FURTHER, SageView ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SYSTEM OR THE SERVICES. SageView SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SYSTEM OR THE SERVICES.
Limitation of Liability
For your convenience, certain hyperlinks may be provided on the System and the Services that link to other websites or social media platforms which are not under the control of SageView (the “Linked Websites”). SageView does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. SageView disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against SageView arising from or based upon any use of Linked Websites.
Links to the System
You may not link to the System without the express prior written consent of SageView. You agree that you will promptly remove any link to the System upon request of SageView. In no event will you use any logo or trademark of SageView as a link “button”, or in any other manner, without SageView’s express prior written consent.
Disclaimer of Third-Party Information.
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third-Party Materials”), SageView has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services, or other Third-Party Materials are those of the applicable third party. SageView does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with SageView.
Governing Law, Venue, and Claims Limitation