Effective August 12, 2011
Last Revised August 12, 2011
1. Use of Site
SAIL and SAIL’s logo and other product and service names of SAIL are trademarks of SAIL Capital Partners, LLC.
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
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.
Some jurisdictions do not allow the exclusion of certain warranties and, accordingly, some of the above exclusions may not apply to you.
9. Governing Law
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: firstname.lastname@example.org).
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