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Welcome to our
Web site. By using our site, you are agreeing to comply with
and be bound by the following terms of use. Please review
the following terms carefully. If you do not agree to these
terms, you should not use this site. The term "SAR",
"us" or "our" refers to the SAR Group,
the legal name of the owner of the Web site. The term "you"
refers to the user or viewer of our Web Site.
Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms
of Use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the
entire and only agreement between us and you, and supersedes
all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site,
and the subject matter of this Agreement. This Agreement may
be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the
Site, and you should review this Agreement prior to using
the Site.
Copyright
The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution,
use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content,
document or other materials viewed through the Site. The posting
of information or materials on the Site does not constitute
a waiver of any right in such information and materials. Some
of the content on the site is the copyrighted work of third
parties.
Service Marks
Luminous and Tez are our registered trademarks. Other product
and company names mentioned on the Site may be trademarks
of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and
other policies contained therein. No print out or electronic
version of any part of the Site or its contents may be used
by you in any litigation or arbitration matter whatsoever
under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content
and Materials") therein are subject to the following
restrictions and prohibitions on use: You may not (a) copy,
print (except for the express limited purpose permitted by
Section 4 above), republish, display, distribute, transmit,
sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any
Content and Materials retrieved from it; (b) use the Site
or any materials obtained from the Site to develop, of as
a component of, any information, storage and retrieval system,
database, information base, or similar resource (in any media
now existing or hereafter developed), that is offered for
commercial distribution of any kind, including through sale,
license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative
works of any Content and Materials from the Site; (d) use
any Content and Materials from the Site in any manner that
may infringe any copyright, intellectual property right, proprietary
right, or property right of us or any third parties; (e) remove,
change or obscure any copyright notice or other proprietary
notice or terms of use contained in the Site; (f) make any
portion of the Site available through any timesharing system,
service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble
or reverse engineer any Site software or use any network monitoring
or discovery software to determine the Site architecture;
(h) use any automatic or manual process to harvest information
from the Site; (i) use the Site for the purpose of gathering
information for or transmitting (1) unsolicited commercial
email; (2) email that makes use of headers, invalid or nonexistent
domain names, or other means of deceptive addressing; and
(3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any
portion thereof, or any software available on or through the
Site, in violation of the export control laws or regulations.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site
is not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the
accurateness, completeness, adequacy or currency of the information
contained in or linked to the Site. Your use of information
on the Site or materials linked to the Site is entirely at
your own risk. We are not a law firm and the Site is not a
lawyer referral service.
Linking to the Site
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
Advertisers
The Site may contain advertising and sponsorships. Advertisers
and sponsors are responsible for ensuring that material submitted
for inclusion on the Site is accurate and complies with applicable
laws. We are not responsible for the illegality or any error,
inaccuracy or problem in the advertiser's or sponsor's materials.
Errors, Corrections and Changes
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct,
accurate, timely or otherwise reliable. We may make changes
to the features, functionality or content of the Site at any
time. We reserve the right in our sole discretion to edit
or delete any documents, information or other content appearing
on the Site.
Third Party Content
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity
in the statements, opinions, representations or any other
form of content on the Site. You understand that the information
and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does
it necessarily reflect our belief.
Unlawful Activity
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators,
or other third parties and disclosing any information necessary
or appropriate to such persons or entities relating to your
profile, email addresses, usage history, posted materials,
IP addresses and traffic information.
Indemnification
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents,
advertisers, product and service providers, and affiliates
(collectively, "Affiliated Parties") harmless from
any liability, loss, claim and expense related to your violation
of this Agreement or use of the Site.
Nontransferable
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or
documents is not transferable or assignable.
Disclaimer
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR
IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE
AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR
YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE
LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE
ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
ALL RESPONSIBILITY
OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN
THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site
or any services or products obtainable there from, (b) the
unavailability or interruption of the Site or any features
thereof, (c) your use of the Site, (d) the content contained
on the Site, or (e) any delay or failure in performance beyond
the control of a Covered Party.
(b)THE AGGREGATE
LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE
PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN
OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN
LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND
ANY AFFILIATED PARTY.
Use of Information
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with
our Privacy Policy. All remarks, suggestions, ideas, graphics,
or other information communicated by you to us (collectively,
a "Submission") will forever be our property. We
will not be required to treat any Submission as confidential,
and will not be liable for any ideas (including without limitation,
product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear
in our future products, services or operations. Without limitation,
we will have exclusive ownership of all present and future
existing rights to the Submission of every kind and nature
everywhere. We will be entitled to use the Submission for
any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message,
including its legality, reliability, appropriateness, originality,
and copyright.
Third-Party Services
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you
may purchase certain goods or services. You understand that
we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of
order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between
you and Merchants. You agree that use of or purchase from
such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING
WARRANTIES OF TITLE, FITNESS FOR PURPOSE, and MERCHANTABILITY
OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU
AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT
SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Securities Laws
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well
as our intentions, plans and objectives (particularly with
respect to product and service offerings), that are forward-looking
statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our Site,
words like "anticipates," "expects," "believes,"
"estimates," "seeks," "plans,"
"intends," "will" and similar expressions
are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
Links to other Web Sites
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored
or checked for accuracy or completeness by us. Inclusion of
any linked Web site on our Site does not imply approval or
endorsement of the linked Web site by us. If you decide to
leave our Site and access these third-party sites, you do
so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has
been infringed;
c. A description of where the material that you claim is infringing
is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner,
its agent, or the law; and
f. A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
Notice of claims of copyright infringement on the Site can
be reached by directing an e-mail to mktg@sar-group.com
26. Information and Press Releases.
The Site contains information and press releases about us.
We disclaim any duty or obligation to update this information
or any press releases. Information about companies other than
ours contained in the press release or otherwise, should not
be relied upon as being provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided therein.
29. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in San Francisco, California, and shall be governed
by and construed in accordance with the laws of the State
of California (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or
any information, Documents, products or services related thereto)
must be instituted within one (1) year after the cause of
action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 16
and Section 17. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against any
party. Any rule of construction to the effect that ambiguities
are to be resolved against the drafting party shall not apply
in interpreting this Agreement. This Agreement and all incorporated
agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event
of an acquisition, sale or merger. If any provision of this
agreement is held illegal, invalid or unenforceable for any
reason, that provision shall be enforced to the maximum extent
permissible, and the other provisions of this Agreement shall
remain in full force and effect. If any provision of this
Agreement is held illegal, invalid or unenforceable, it shall
be replaced, to the extent possible, with a legal, valid,
and unenforceable provision that is similar in tenor to the
illegal, invalid, or unenforceable provision as is legally
possible. To the extent that anything in or associated with
the Site is in conflict or inconsistent with this Agreement,
this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision.
Our rights under this Agreement shall survive any termination
of this Agreement. The title, headings and captions of this
Agreement are provided for convenience only and shall have
no effect on the construction of the terms of this agreement.
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