User Agreement

The terms of use with regard to the web site

• About Us

User Agreement

This Terms of Use is a legal agreement between the end user (“you”) and The SagoTec Group, Inc. (“SagoTec” or sometimes referred to herein as “We” or “Us”). 

BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO THESE TERMS OF USE AND TO OUR PRIVACY STATEMENT. YOU WILL BE REQUIRED TO CHECK AN APPROPRIATE BOX AS PART OF THE REGISTRATION PROCESS IN ORDER TO INDICATE YOUR ASSENT TO THESE TERMS OF USE AND OUR PRIVACY STATEMENT PRIOR TO USING OR ACCESSING THE RESTRICTED AREAS (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THE TERMS OF USE AND PRIVACY STATEMENT, YOU MAY NOT ACCESS OR USE THE RESTRICTED AREAS.

1. License Grant
Upon your acceptance of this Agreement and subject to the terms and conditions of this Agreement, SagoTec grants you a non-exclusive, non-transferable, limited right to access, use and display the Web Site and the SagoTec services (the “Services”), solely for your personal or internal business purposes.

2. Your Use of the Web Site
Certain portions of the Web Site may be accessed only by those individuals and organizations who either are conducting business with SagoTec or who have a bona fide intent to conduct business with SagoTec in the future (the “Restricted Areas”). You will be required to fill out a registration form on the Web Site in order to gain access to the Restricted Areas. You represent and warrant that all information submitted by you during the registration process (“Registration Data”) is complete and accurate in all respects. You further agree to update your Registration Data in the event that such data changes in the future in order to maintain the completeness and accuracy of your Registration Data in all respects. SagoTec retains the right to accept or reject any such registration in its sole discretion.

You may access the Restricted Areas of this Web Site only through use of an authorized User ID and password. You are solely responsible for maintaining the confidentiality of your User ID and password, and you shall be deemed responsible for all use of the Web Site through your User ID and password. Under no circumstances may you transfer your User ID and password to any other person or organization or otherwise permit any third party to use your User ID and password to access the Restricted Areas.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site. You may display and electronically copy, download and print hard copy portions of the material contained on the Web Site for your own personal or internal business use (or as specifically contemplated by the Web Site), provided that you do not modify or delete any copyright, trademark or other proprietary notices. Any other use of materials on the Web Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Web Site, without the prior written permission of SagoTec, is strictly prohibited.

Any material you download, including but not limited to software, files, graphics, data or any other content, is solely owned by SagoTec. When you download these materials, they are provided to you by SagoTec under a license that is revocable at any time, with or without cause.

3. Electronic Communications
Any postings to this Web Site and electronic mail delivered to SagoTec (“Electronic Communications”) that contain unsolicited ideas, suggestions or materials will be considered non-confidential and non-proprietary. Electronic Communications are, and will remain, the sole and exclusive property of SagoTec, and SagoTec will have no obligation with respect thereto. SagoTec may copy, disclose, distribute, incorporate and otherwise use Electronic Communications and any information contained therein for any purpose whatsoever, whether commercial or non-commercial, without compensation. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law.

4. Proprietary Rights
You acknowledge that this Web Site, any software used in connection with the products and Services provided on this Web Site, and all content contained on this Web Site, are owned by SagoTec and contain or consist of proprietary and Confidential information (as defined below) that is protected by applicable intellectual property and other laws. SagoTec retains full and complete title to the foregoing software, materials and information and to all of the associated intellectual property rights contained on the Web Site. Other than as expressly contemplated by the Web Site, you may not redistribute or sell the material, nor may you reverse engineer, disassemble or otherwise convert it to any other form usable by humans.

The logos, trade names, and product and service names contained on this Web Site are the trademarks and service marks of SagoTec or its third party providers. You agree not to display or use in any manner such logos, trade names, product names, or service names without the prior written permission of SagoTec. SagoTec also retains ownership of the "look and feel" of this Web Site, including color combinations, buttons, layout, and other graphical elements.

5. Confidentiality.
You agree not to use any of SagoTec’s Confidential Information (as defined below) for any purpose except to operate the Site and utilize the Services in accordance with this Agreement. You agree not to disclose any of SagoTec’s Confidential Information to any third party other than to your employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information solely on a “need to know” basis for the purposes of conducting your business. "Confidential Information" may include, SagoTec’s (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by us; (b) confidential marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by SagoTec; (ii) becomes publicly known and generally available after disclosure by us through no action or inaction of yours; (iii) is already in your possession at the time of disclosure by us; (iv) is obtained by you from a third party without a breach of such third party's obligations of confidentiality; (v) is independently developed by you without use of or reference to our Confidential Information; or (vi) is required by law to be disclosed by you, provided that you give us prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

6. Material You Submit
You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute, or otherwise publish through the Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

7. Disclaimer
SAGOTEC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEB SITE'S CONTENT OR ABOUT THE CONTINUED AVAILABILITY OF ANY CONTENT ON THIS WEB SITE SUPPLIED BY SAGOTEC, YOU OR ANY THIRD PARTY. THIS WEB SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SAGOTEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SAGOTEC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAGOTEC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, AVAILABILITY, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION TO THE ABOVE, YOU (AND NOT SAGOTEC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

8. Limitation of Liability
IN NO EVENT SHALL SAGOTEC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING LOST PROFITS), EVEN IF SAGOTEC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS WEB SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification
You agree to indemnify, defend, and hold harmless SagoTec, its officers, directors, employees, agents, licensors and third party suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees and court costs, resulting from any violation of these terms and conditions or any activity related to your account (including, but not limited to, negligent or wrongful conduct), by you or any other person accessing the Web Site using your User ID and password.

10. Links to Other Web Sites
This Web Site may provide access to other World Wide Websites. SagoTec does not control these web sites, and you access them solely at your own risk. SagoTec also does not endorse or approve any products or information offered at web sites you reach through this Web Site. Check the Uniform Resource Locator (URL) address provided in your WWW browser to determine if you are still in this SagoTec Web Site or have moved to another web site.

11. Jurisdiction
Any claim relating to the Web Site or your use of it shall be governed by the internal substantive laws of the State of Georgia, without regard to its conflict of laws provisions, and you agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to this Web Site shall be in the state or federal courts located in Hall County, Georgia.

Notwithstanding the foregoing, in the event a dispute of any kind or nature arises under or related to these Terms of Use, SagoTec may, at its option, commence an arbitration proceeding in lieu of instituting an action in a court of competent jurisdiction, by providing to you a demand for arbitration. The parties shall, within thirty (30) days of such demand for arbitration, select a mutually agreeable arbitrator and submit the dispute to such arbitrator for binding arbitration, through the American Aribration Association nearest the place of SagoTec’s headquarters and under the Commercial Arbitration Rules of the American Arbitration Association. If the parties are unable to agree upon an arbitrator, the arbitrator shall be appointed in accordance with the rules and procedures of the American Arbitration Association. The arbitration fee shall be paid or reimbursed by the non-prevailing party, as determined by the arbitrator, who shall also award appropriate attorneys’ fees and costs to the prevailing party.

12. Modification of the Web Site and these Terms of Use
SagoTec does not promise that any materials or information provided by you on this Web Site will remain available to you. SagoTec is entitled to terminate all or any portion of this Web Site at any time, without notice to you. SagoTec also reserves the right to change the terms, conditions, and notices under which this Web Site is offered, and your use of the Web Site following any such changes shall be deemed to constitute your consent to such modified Terms of Use. You agree to regularly review these Terms of Use to verify whether they have been changed.

13. Termination
SagoTec may terminate your access to this Web Site at any time with or without cause and without prior notice. In the event of termination of such access, you acknowledge that any material, data and information you have submitted to SagoTec on this Web Site may be lost or may otherwise no longer be available to you.

14. Paying Users.
Certain users of the Restricted Areas (referred to herein as “Paying Users”) will be charged for certain SagoTec Services, as fully set forth in the relevant portions of the Web Site. The provisions of this Paragraph 14 shall apply solely to those Paying Users.

SagoTec grants you a non-exclusive and non-transferable license to use, for personal and internal business purposes only, the web-accessible GUI interface version of the Services. We reserve the right to terminate this license grant and/or discontinue Services at any time for any reason, including for non-payment of the Services.

You agree to pay, and SagoTec will automatically charge on the last day of each month, all account fees for each inspection completed through the Web Site at the applicable rates posted on the Web Site, and including any applicable taxes, at the rates in effect when the fees are incurred. Fees shall be paid by credit card.

In certain limited circumstances, SagoTec may approve of alternate forms of payment in its sole discretion. Any approved payment in a form other than credit card must be received by SagoTec within ten (10) days of receipt of applicable invoice.

Unless another form of payment has been approved by SagoTec, you must provide us with valid credit card information, and must promptly update the Account Information page with any changes in credit card validity or expiration date. We may work with you and our credit card processing vendors to keep your credit card information up to date. SagoTec will keep your credit card information confidential. If payment cannot be charged to the credit card you have on file with us, SagoTec reserves the right to suspend or terminate your account and access to the Services.

In the event of non-payment for any reason, SagoTec may assess and collect interest at the rate of one and one-half percent (1.5%) per month (18% per annum) on any amounts owing and unpaid ten (10) days after demand. If further collection attempts are required, all of SagoTec’s collection costs, including any costs associated with termination of this Agreement including but not limited to, attorney fees, where permitted by law, will be charged to you. This section shall, to the extent applicable, survive the termination of this Terms of Use.

WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE THE PAYMENT METHODS ACCEPTED, THE FEES THEN IN EFFECT, OR ADD NEW FEES, EFFECTIVE IMMEDIATELY, BY GIVING USERS ADVANCE NOTICE BY POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.

15. Miscellaneous
You acknowledge and agree that, in the event of any breach of these Terms of Use by you, SagoTec would be irreparably and immediately harmed and could not be made whole by monetary damages alone. Without prejudice to any rights and remedies otherwise available, SagoTec shall be entitled to equitable relief by way of injunction in the event of a breach of any provision of these Terms of Use.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This is the entire agreement between you and SagoTec regarding all aspects of your use of this Web Site.

The provisions of these Terms of Use that, by their nature and content, must survive the completion, rescission, termination or expiration of these Terms of Use in order to achieve the fundamental purposes of these Terms of Use (including but not limited to the provisions entitled “Proprietary Rights,” “Material You Submit,” “Disclaimer,” “Limitation of Liability,” “Indemnification,” “Jurisdiction,” and “Termination” and “Paying Users”) shall so survive and continue to bind the parties.

You agree that no joint venture, partnership, employment or agency relationship exists between you and SagoTec as a result of this agreement or your use of the Web Site.

Effective Date: May 20, 2012