Terms of Use
These terms and conditions of use (“Terms of Use”) describe the terms on which V-Saga.com, (“V-Saga,” “we,” or “us”) provides the V-Saga website located at http://www.v-saga.com (the “V-Saga Service” or the “Service”) to visitors and reviewers.
1. Introduction
By using the Service, you accept the V-Saga Terms of Use and the following terms, conditions, and policies, including any future amendments thereto (collectively, the “Agreement”):
If you choose to use the Service, you represent that you are authorized to accept the terms of this Agreement on behalf of yourself or the organization you represent.
Changes and Modifications
V-Saga reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective immediately after they have been posted to the http://www.v-saga.com website or V-saga has otherwise notified you of the change. Though V-Saga may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of these Terms of Use – which is always available from a link on our Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to the changes. As long as you comply with this Agreement, V-saga grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.
Links To Other Sites
The Service may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under V-saga’s control, and V-saga is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.
2. Description of Service
General Description
As a visitor to the V-saga website, the V-saga Service allows you to post and view reviews of businesses that are subscribers of the V-saga Service and those non-subscribed businesses that are simply listed on the V-saga website. Further, you can book appointments and classes and make purchases directly from businesses that are subscribers using the V-saga website.
Adults Only
The V-saga Service is intended for adults only. You must be 18 years of age or older – or, if the age of majority in your state is greater than 18 years, you must have attained the age of majority in your state – or have the consent of your parent or guardian, to use the Service. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (“COPPA”), V-saga will never knowingly solicit, nor will it accept, personally identifiable information from users known to be under thirteen (13) years of age.
3. Conditions of Use and User Conduct
As a condition of use, you agree to the following:
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You acknowledge that the Service is for personal use only. You agree that you will not use the Service for any commercial purpose.
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You must not use the Service to harass, threaten, impersonate, or intimidate any person or business.
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You must not use the Service to post fraudulent, inaccurate, or misleading ratings or reviews of any person or business.
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You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
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You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates the publicity or privacy rights of any person or business.
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You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
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You must not transmit any worms or viruses or any code of a destructive nature.
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You must comply with all applicable laws in your jurisdiction (including but not limited to intellectual property laws).
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You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
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You acknowledge that your use of the Service may involve the transmission of private information, including potentially personal health information, via unsecure means such as email.
4. User Generated Content
The Service allow you to author, upload, transmit, publish, disseminate, and/or otherwise make available content in the form of user-generated business reviews and user-identifying information, such as a user’s name and email address (“User Content”). When you make copyrightable User Content available on or through the Service, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that – with respect to all User Content that you upload, transmit, publish, disseminate, and/or otherwise make available through the Service – (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by means of digital audio transmission), distribute, and/or otherwise exploit such User Content in connection with the Service (and to grant to V-saga the licenses set forth in this Agreement), and (b) the User Content will not infringe or otherwise violate the rights of any third party including, but not limited to, the copyright, trademark, privacy, and/or publicity rights of any third party. By submitting User Content as set forth above, you hereby do and shall grant to V-saga (and its successors, assigns, partners, affiliates, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by means of digital audio transmission), and otherwise exploit your User Content on and in connection with the Service and for any purpose and in any medium, by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of the Service a non-exclusive license to access and view your User Content through the Service, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, and publicly perform (including by means of digital audio transmission) such User Content as permitted through the functionality of the Service. By using the Service, you acknowledge and agree that V-saga does not guarantee access to or hosting of User Content that is shared via the Service – V-saga publishes User Content at its sole discretion. For example, if User Content violates these Terms of Use, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled.
5. Our Intellectual Property
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “V-saga Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such V-saga Content, contained on the Service is owned, controlled, or licensed by or to V-saga, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights. Except as expressly provided in this Agreement or otherwise permitted by law, no V-saga Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed (including by means of a digital audio transmission), encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for any purpose, without regard to whether that purpose is commercial or noncommercial in nature, without V-saga’s express prior written consent.
6. Violation of This Agreement – Termination
You agree that V-saga may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of the Service. If V-saga does take any legal action against you – or you take action against V-saga – as a result of a violation of this Agreement, the prevailing party will be entitled to recover from the non-prevailing party, and the non-prevailing party agrees to pay, all reasonable attorneys’ fees and costs of such action – in addition to any other relief granted to the prevailing party. You agree that V-Saga will not be liable to you or to any third party for termination of your access to the Service as a result of any violation of this Agreement or other agreements or guidelines that may be associated with your use of the Service.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. V-SAGA AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (IF ANY) (THE “V-SAGA AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. V-SAGA AND THE V-SAGA AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED IN ACCORDANCE WITH THE PREFERENCES YOU SPECIFY, INCLUDING ANY PREFERENCES YOU SPECIFY REGARDING THE ANONYMITY AND/OR PRIVACY OF ANY USER CONTENT; (e) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (f) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER HARM THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM V-SAGA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT V-SAGA AND THE V-SAGANAFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY REPERCUSSION OF THE PUBLICATION OF ANY USER CONTENT YOU PROVIDE TO V-SAGA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT V-SAGA MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF OR ERROR IN THE SERVICE; (c) THE PUBLICATION OF ANY USER CONTENT YOU PROVIDE TO V-SAGA; OR (d) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT V-SAGA AND THE V-SAGA AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IF YOUR NON-IDENTIFIABLE DATA ARE USED FOR RESEARCH PURPOSES, THEN THE LIMITATION OF LIABILITY AND INDEMNITY CLAUSES CONTAINED WITHIN THE END USER LICENSE AGREEMENT/TERMS OF SERVICE AGREEMENT ARE WAIVED WITH RESPECT TO ANY HARMS SUFFERED OR LIABILITIES INCURRED AS A RESULT OF ANY RESEARCH ACTIVITIES.
9. Exclusions and Limitations
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE V-SAGA AFFILIATES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification
You will indemnify and hold V-Saga and/or the V-Saga Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by V-Saga and/or the V-Saga Affiliates in connection with any claim arising out of your breach of the Agreement. V-Saga reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. General Terms
Entire Agreement
This Agreement is the whole legal agreement between you and V-Saga. It governs your use of the Service and completely replaces any prior agreements between you and V-Saga with respect to the Service.
Governing Law
You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the Province of Ontario, Canada.
Dispute Resolution
In the event of any controversy or dispute between V-Saga and you arising out of or in connection with your use of the Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Statute Of Limitations
You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-Waiver of Terms; Assignment
If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If V-Saga does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. V-Saga may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices
V-Saga may provide you with notices, including those regarding changes to the Agreement, by email or through postings to the Service.
13. Contacting Us
Questions regarding the Terms of Use should be directed to V-Saga support by contacting us at v-saga.com or by mailing:
V-Saga
950 N. Central Ave.
Upland CA, 91786
323-426-5298