Terms of Use
 

Terms of Use for www.SAILCapital.com

Effective August 12, 2011
Last Revised August 12, 2011

Welcome to www.SAILCapital.com (the “Site”).  The Site is owned and operated by SAIL Capital Partners, LLC (“SAIL”, “we” or “us”) and is made available to you under the following terms and conditions (these “Terms of Use”).  You affirm that you are fully able and competent to enter into, abide by and comply with these Terms of Use.

1. Use of Site
Subject to these Terms of Use, SAIL hereby grants you a nonexclusive, nontransferable right to (i) access the Site, (ii) access the information, text, and other materials made available through the Site (the “Content”) and (iii) download, print and use one copy of the Content for your personal noncommercial use only; provided, however, that any copy of the Content that you make will retain all copyright and other proprietary notices contained therein. Any other reproduction of the Content in any form or by any means without SAIL’s written permission is forbidden. Unauthorized access to the Site or to the telecommunications or computer facilities used to deliver the Site is a breach of these Terms of Use and a violation of law.

Except as specifically permitted in this Agreement, you shall not, directly or indirectly, (i) transfer, sell, sublicense, distribute, rent or lease the Content, (ii) circumvent any encrypted data or gain access to more materials or data than was licensed for use the Site in any manner which violates these Terms of Use or any applicable law, (iii) reverse engineer, decompile, disassemble, translate or convert any computer programs used to access the Site (except as local law may permit without violation of local copyright law) or (iv) copy (except as provided herein), reproduce, disclose, distribute, display, perform, publish, adapt, create derivative works of, translate or otherwise modify the Site or Content or permit any third party to engage in any of the acts proscribed in clauses (i) through (iv). Upon request, you must provide SAIL with evidence of compliance with this Section 1.

The Content of the Site is protected by copyright and other United States and foreign intellectual property and related laws.  Title to all Content remains with SAIL or, if applicable, the third party owners of such Content.  Any use of the Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. All rights not expressly granted herein are reserved by SAIL. 

2. Privacy Policy
Any personally identifiable information that you submit through the Site will be treated in accordance with our Privacy Policy

3. Trademarks
SAIL and SAIL’s logo and other product and service names of SAIL are trademarks of SAIL Capital Partners, LLC. 

4. Submissions
We welcome your comments regarding the Site but ask that you not submit your ideas, suggestions or materials (collectively, “Submissions”) through the Site.  If you send Submissions to us that we have not specifically requested, you grant to SAIL and its designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, fully paid-up, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All Submissions are deemed non-confidential and SAIL is not liable for any use or disclosure of Submissions.

5. Third-Party Links
These Terms of Use apply only to the Site. The Site may contain links to other websites and resources on the Internet that are owned and operated by third parties. SAIL has no control over these linked third-party websites, all of which have separate privacy and data collection practices independent of SAIL.

SAIL makes no claim or representation regarding and accepts no responsibility for the quality, content, nature or reliability of websites accessible by hyperlink from the Site.  SAIL is not responsible for the contents of any linked website or any link contained in a linked website or any review, change or update to such websites.  SAIL is providing these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by SAIL of the website or any information contained therein.  These linked websites are only for your convenience.

YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCT OR OTHER MATERIAL ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND RESOURCES.

It is possible that other websites and resources provide links to the Site (whether with or without our authorization).  We have no control over websites and resources that provide links to the Site and you acknowledge and agree that we do not endorse such websites and are not responsible for any link from those websites or resources to the Site or for any content, advertising, products or other materials available on such other websites. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) websites or resources to which we provide links or that provide links to the Site or (ii) any content, goods or services available on or through any such websites or resources.

We reserve the right, at any time and in our sole discretion, to block links to the Site through technological or other means, without prior notice.

6. Disclaimer of Warranties and Limitation of Liability
Your use of the Site is at your sole risk. The Site is provided “AS IS”.  SAIL DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, INTEGRATION, COMPLETENESS OR TIMELINESS, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  SAIL MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS AND DOES NOT REPRESENT OR WARRANT THAT THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.  SAIL DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
   
NEITHER ACCESS TO NOR USE OF THE SITE OR ANY CONTENT CONTAINED THEREIN IS INTENDED AS OR SHALL CONSTITUTE (A) ANY INVESTMENT ADVICE OR ADVERTISEMENT, (B) AN OFFER, OR A SOLICITATION OF ANY OFFER, BY SAIL FOR THE PURCHASE OR SALE OF ANY INVESTMENT, SECURITIES OR OTHER PROPERTY, OR (C) A REPRESENTATION THAT ANY INVESTMENT, SECURITY OR OTHER PROPERTY IS SUITABLE FOR YOU OR OTHERS.

IN NO EVENT SHALL SAIL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE, THE USE OF THIS SITE OR THE MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE.

Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some of the above exclusions may not apply to you.

7. Indemnification
You agree to indemnify, defend and hold harmless SAIL and its subsidiaries, affiliates, shareholders, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys’ fees, due to or arising out of, or in any way connected with your use of or access to the Site or your violation of these Terms of Use.

8. Modifications
SAIL may modify these Terms of Use from time to time. When SAIL posts modifications to these Terms of Use, SAIL will revise the “Last Revised” date at the top of this web page. Upon any material modification to these Terms, we will notify you by prominently posting notice of the changes on the Site. The modified Terms of Use will be effective immediately upon posting on the Site. Your continued use of the Site after the posting of the modified Terms of Use on the Site constitutes your agreement to abide and be bound by the modified Terms of Use. If you object to any modification, your sole recourse is to stop using the Site. 

SAIL reserves the right to terminate your use of the Site or to modify or discontinue the Site (or any portion of the Site), temporarily or permanently, with or without notice to you and is not obligated to support or update the Site. SAIL shall not be liable to you or any third party in the event that SAIL exercises its right to modify or discontinue the Site (or any portion of the Site). Unless explicitly stated otherwise, any new feature that augments or enhances the current Site shall be subject to these Terms of Use. 

9. Governing Law
These Terms of Use shall be governed by and interpreted in accordance with the internal laws of the Commonwealth of Massachusetts, without reference to principles of conflicts of law. The parties hereto hereby consent to the non-exclusive jurisdiction of any local, state or federal court located within the Commonwealth of Massachusetts. TO THE EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY SUIT OR PROCEEDING ARISING UNDER OR RELATING TO THESE TERMS OF USE.

10. Miscellaneous
These Terms of Use do not and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto. These Terms of Use will bind and inure to the benefit of each party's successors and permitted assigns. You may not assign, transfer or sublicense any of your rights or obligations under these Terms of Use without SAIL’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.  If any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner and the enforceable provisions of these Terms of Use will remain binding upon the parties. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.  These Terms of Use, together with all policies referred to herein, constitute the entire agreement between you and SAIL with respect to your use of the Site and supersede all prior or contemporaneous communications and proposals between you and SAIL regarding such subject matter. Without limitation, you agree that a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

11. Acknowledgment 
You acknowledge that you have read and understand these Terms of Use and that these Terms of Use have the same force and effect as a signed agreement.

12. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:

The provider of this website is SAIL Capital Partners, LLC, 30 Rockefeller Plaza, Suite 3108
New York, NY  10112 (email: info@sailvc.com).

To file a complaint regarding this website or to receive further information regarding use of this website, send a letter to the above address. You also may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

13. Contacting Us
If you have any questions about SAIL generally, these Terms of Use, our Privacy Policy or the Site, please feel free to contact us at:

SAIL Capital Partners, LLC
30 Rockefeller Plaza, Suite 3108
New York, NY  10112
Email: info@sailvc.com
http://www.SAILCapital.com
Copyright © 2011 SAIL Capital Partners, LLC.  All rights reserved.