Sayso’s Collection and Use of Personal Information
A. Personal Information. In order to access and utilize the Sayso services, one is required to become a registered user. As part of the registration process, one is required to provide the following: (1) name; (2) email address; (3) Instagram username and authentication; (4) password; (5) phone number; and (6) mailing address. All registration information provided to us must comply with the Sayso Terms and Services Agreement.
As part of the user experience, you may also exchange information with us that would be part of the personal information we collect. Examples include but are not limited to the following: (1) information provided when you download or use applications from us; (2) information you enter into our system as part of using our services including any newsletter; and (3) information you provide to us when contacting us for help.
1. Specific Use of Personal Information. The information we collect allows us to provide you with a relevant user experience as well as a mechanism to keep you informed on Sayso’s latest product announcements, blog information, software updates, product updates and promotional information. If you so desire, you can remove yourself from our mailing list by opting out by updating your profile preferences.
Other uses of personal information may be for validating a user account, fraud prevention, or other data safety precautions Sayso may elect to implement. Additionally, we may use personal information for our internal purposes such as data analysis, auditing, and research to improve our services to you.
In terms of registered users who purchase merchandise via Sayso, we collect information about your purchase history such as the information, feature, product or service you’ve requested, including being used for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics. We may combine and supplement the information we collect about you, with information from third parties, and add it to your account information. This may include publicly available demographic information from the US Postal Service in order to verify your address so we can properly ship your order to you and to prevent fraud.
Customer Credit Card Information: Sayso uses a third party to keep a protected copy of your credit card number. This billing data belongs to you, and by utilizing the Service, you grant Sayso a license to use this data to bill you for services rendered.
B. Non-Personal Information. Sayso collects information that in and of itself does not permit direct association with any specific person. In the case of non-personal information Sayso has the right to collect, transfer, use, and disclose this information for any purpose. Examples of non-personal information and its intended use:
1. Device related information. We may collect information such as the user device identifier (IDFA), IP address of your computer and its operating system, type of mobile device, IP address of your mobile device, mobile operating system, and type of mobile Internet browsers. We use the information for the express purpose of better understanding customer behavior and improving our products and services.
2. User activity with our services. We may collect and store details on how you interact with our services. This may help us improve our service offerings and to provide a better user experience. Portions of our Service(s) may enable you to send email and other types of messages to us and to participate in blogs, product reviews, and other discussion groups. All such emails, reviews, comments and messages, and all such postings to blogs and/or discussion groups, become our property once you submit them (please see our Terms for more details on this). Your Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our Services and blogs are open to the public, and, therefore, your postings can be seen by anyone and are therefore not protected by us or any other entity.
Cookies and Other Tracking Technologies
Third-Party Sites and Services
Disclosures to Third Parties
From time-to-time, Sayso may make certain personal information available to product and service partners. Specific ways Sayso shares with third parties are described below:
A. Third-Party Service Providers. Sayso may elect to outsource some of its technical and customer support, tracking and reporting functions, quality assurance testing, and other services that it may deem necessary. In these specific instances, we may share information about or from you in order for them to provide their services.
Protection of Personal Information
Sayso preserves the security of your personal information with the utmost caution. As such, we follow the generally accepted industry standards to protect all user information submitted to us. Although we implement accepted industry standards, we cannot guarantee absolute security with respect to your personal information. Given the fact that no one method of transmission over the Internet or via mobile device is 100% secure, we urge you to take the utmost care when transmitting personal information.
When you use some of the features of the Sayso services, the personal information and content you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to share or submit in these instances. Please take care when using these features.
How to Opt-out
If you choose to stop receiving emails from Sayso, please follow the unsubscribe instructions within each email communication or send an email to firstname.lastname@example.org. Sayso will not provide or share any mailing lists or other information about you to another company or service for promotional purposes. Any service related emails (to confirm a purchase, etc.) generally do not offer an option to unsubscribe as they are necessary to provide the service you requested.
Access to Personal Information
In order to ensure that your personal information is current and accurate, please log in to your account at getsayso.io/login
Sayso is aware of the importance of protecting the privacy and safety of children who may use our services. In that regard, we do not knowingly solicit data from or market to children under the age of 13. In the event a child’s parent and/or legal guardian becomes aware that their child has provided us with information without their consent, please contact us immediately at admin@Sayso.io. Once notified, we will delete the information as soon as reasonably possible.
California residents may choose to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes or choose to opt out of such disclosure. To make a request or to opt out at any time, please contact us at email@example.com or the other contact information provided below. Our policy is not to disclose Personal Information collected online to a third party for directing marketing without your approval.
1855 Industrial ST, STE 103
Los Angeles, CA 90021
Sayso, owned and operated by Funkhaus LLC, provides the following Services, which permit you to utilize certain Internet services, and making this content available on your compatible devices and computers, only as defined by the terms of this Agreement. Specifically, the Services directly refer to a Sayso website(s) including but not limited to www.Sayso.com; getsayso.io that allow the submission of product purchases, product ideas, comments, etc. and all related intellectual property to receive feedback from the Sayso community of users (the “Community”). This site in its entirety is owned by Funkhaus, LLC doing business as “Sayso.” Reference to the terms “Sayso”, “us”, the “Company” and “we” collectively refer to all the corporate embodiments and affiliations owned by Funkhaus, LLC.
DEFINED SITE TERMS
For purposes of this Agreement, the following terms shall have the meaning ascribed to them as defined below:
“Intellectual Property” means any invention, idea, discovery, concept, trade name, trademark, copyright, patent, right of publicity, mask work or any other material subject to, protected under state, federal, or foreign patent, copyright, trade secret, trademark, rights of publicity, or similar laws.
“Intellectual Property Rights” means, with respect to any data, device, or other asset of any kind, all copyright, patent, trade secret, database, moral, termination, authorship and other proprietary rights relating to any such data, device, object code, source code or other asset including, without limitation, all rights necessary for the worldwide development, manufacture, modification, enhancement, sale, licensing, use, reproduction, publishing and display of such data, device, object code, source code or other asset.
“User” means any person who legally creates an account subject to the rules and conditions of this Agreement and is registered to post content on the Site(s).
“User Account” means a valid legal account created by a User on this Site. Per the present terms and conditions, only one (1) user account may be created per person.
“Vendor user” means a valid legal account created by a User on this Site who makes available approved items, in Sayso’s sole discretion, to be purchased by Users via the Site Services.
1. SERVICE USE REQUIREMENTS.
A. Age Restrictions. The Services provided by Sayso are only available to individuals 18 years or older. However, a legal parent or guardian may establish an account for an individual 18 years or under with the understanding that they will supervise said minor’s use of the services. A legal parent or guardian, who establishes an account for a minor as described above, should remind the minor about the dangers of conversing with strangers or exchanging any personal content.
Sayso does not collect, use or disclose personal information from minor children under 13 years of age without verified parental consent.
B. Use Limitations. You agree to use the Services for purposes only permitted by this Agreement, and to the extent permitted only by applicable law or regulation.
C. User Accounts and Devices. Sayso reserves the right to limit the number of accounts created from a particular device and the numbers of devices associated with a user account.
D. Service Availability. Sayso services and its related features may not be available in all languages and/or all countries. Given this possibility, Sayso makes no representation that its services and related features are appropriate or available for use in any specific location. In your election to use and access the services, you do so upon your own initiative and compliance with local laws.
E. Changes to Services. Sayso reserves the right to change, modify, or adjust the terms of this Agreement in its sole discretion and at any time. Sayso will make best efforts to communicate such changes, modifications, and/or adjustments to the Agreement terms to you. Continued use of the services after changes, modifications, and/or adjustments to this Agreement constitutes your consent to the revised terms. If you do not agree to Sayso’s changes, modifications, and/or adjustments to the terms of this Agreement then you can promptly terminate the services.
2. SERVICE FEATURES
A. Sayso Control of Site(s) and Service. You acknowledge that Sayso is a site provider that allows Users to interact with each other regarding content topics, discussions, ideas, and purchasing opportunities. Users have the ability to change, alter, or modify the information provided on the Site(s) on a real-time basis. As such, Sayso does not regulate the content of communications between Users and as a result has very little control over the User content submitted by Users.
BACKUP. As part of its current backup protocol, Sayso creates regular backups for user data and content. However, even with reasonable skill and careful backup measures SAYSO DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE, ACCESS, OR DISSEMINATE THROUGH OUR SERVICES WILL NOT BE SUBJECT TO DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. AS SUCH, SAYSO WILL NOT BE RESPONSIBLE FOR INSTANCES OF DAMAGE, LOSS, CORRUPTION OR REMOVAL OF YOUR CONTENT. You acknowledge and agree that you are responsible to maintain proper backup measures for your content and related data.
1. Third Party Integration. The Service contains features that enable various Third-party Services (such as social media services like Twitter, Instagram, and Pinterest) to be directly integrated into your Sayso account. To take advantage of these features, You will be required to register for or log into such Third-party Services on their respective websites. As a requirement to use our services, you specifically consent to all of the terms and conditions as required by Instagram® at https://instagram.com/legal/terms/ including setting your Instagram® profile to settings required by Sayso. These setting requirements may change from time-to-time and Sayso will post notifications of these changes. By enabling third party services within the Service, You are allowing Sayso to pass your log-in information to these Third-party Services for this purpose.
a. Limitation of Liability. Users and Vendors acknowledge and agree to be bound by the terms and conditions as required by Instagram®. As such, if these terms and conditions change in any way that negatively affects our ability to deliver the Services; you agree to hold us harmless from any resulting liability including the restrictions as defined in Section 9 below.
2. Links and Third Party Materials. As part of our services and its resident features and functions, you may encounter materials from third parties and/or hyperlinks to other Content, resources, or web sites. Because we have no control over third parties and their related materials, you acknowledge and agree that Sayso shall not be responsible or liable for any alleged damages you may have incurred either directly or indirectly.
B. Merchandise Purchases—(Terms of Sale and Risk of Loss). Sayso website(s) allow a registered user the ability to purchase specific merchandise through our platform from registered vendor users. Our registered vendors solely determine what merchandise will be sold through the site as well as all pricing discounts, offers, incentives, coupons and coupon codes that may be offered from time to time. For every order you place, you are (i) offering to purchase a product, (ii) representing that you are of legal age to enter and execute a legally binding contract in the United States, and (iii) representing that all information you provide to us in connection with such order is true and accurate including the method of payment(s) and payment instrument. The receipt by you of an order confirmation does not constitute a formal acceptance by Sayso. We retain the right to refuse any request to purchase made by you for any reason whatsoever.
Sayso’s site feature(s) allow you to purchase select vendor merchandise by using our “Comments” feature that is integrated into one of our social channels, e.g. Instagram®. You acknowledge and agree that your use of our “comment” feature authorizes a purchase of the selected vendor merchandise as evidenced by our text message confirmation. Sayso reserves the exclusive right to revise or modify its unique purchasing features as it sees fit from time to time.
Once a product has been authorized for purchase, the Vendor’s shipping and fulfillment policies will govern the relationship between the parties. Sayso does not monitor, authorize, or control the shipping and fulfillment policies of its Vendor users.
We have made every effort possible to display as accurately as possible the colors of vendor’s products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
THE RISK OF LOSS AND TITLE FOR PRODUCT(S) PURCHASED BY YOU PASS TO YOU UPON THE VENDOR USER’S DELIVERY OF THE PRODUCT(S) TO THE CARRIER.
In the event you desire to return a product(s) from one of our vendor users, you must abide by their terms and policies regarding returns. These policies are the responsibility of vendor to share on their website or in other communications such as a confirmation email, and you acknowledge responsibility to be aware of the vendor’s polices prior to item(s) purchase and agree to be bound by those terms. Sayso is not a party to any vendor policy.
3. Sayso Use of Services
A. Account Registration. In order to enjoy the Sayso services and specifically our merchandise purchase platform, you must become a registered user by establishing a valid Account. You agree and acknowledge that you will take precautionary measures to secure your Account and its confidentiality. In the event your confidentiality measures are breached or compromised, you agree to notify Sayso immediately. Although Sayso will exercise reasonable care with respect to our security protocols, Sayso is not personally responsible for losses that may arise from the unauthorized use of your Account.
In order to access and use our services, you must enter your email and password to authenticate the Account. You agree to refrain from using a username that is the name of another person other than you or selecting a username that is not lawfully available to use, or violates any trademark or copyright. Usernames that are vulgar, obscene, or offensive will violate the terms of this Agreement and result in Account termination.
Although we take reasonable measures to protect our Account holders, you expressly agree that you and you alone are responsible for any activity in your Account whether or not authorized by you, including purchases made using any payment instrument (for example, PayPal, credit card, or social network or platform virtual currency). Our services provide the online purchase platform but you must provide the necessary equipment (phone, computer, tablet device, etc.) and pay any associated fees.
4. User Content and Conduct.
A. Content. For purposes of this Agreement, “Content” shall mean any information that may be encountered and/or generated via the use of our Services. This includes but is not limited to photographs, written text, graphics, data files, messages, reviews, suggestions, and device characteristics. Given this definition and provided examples, you agree and acknowledge that you are solely responsible for the Content originated by you whether it is privately transmitted or publicly posted via our Services. You acknowledge and agree that by using our Services you may encounter Content that you may deem to be inappropriate, offensive, indecent, or objectionable. By the same token, you agree that the Content you may generate or disseminate may be objectionable to others. Due to this phenomenon, Sayso does not control said Content no matter how it is generated or disseminated. As such, you agree that your use of our services is at your own election and resident risk.
B. User Conduct. By agreeing to the terms of this Agreement, you expressly refrain from NOT using our Services in the manner described below to:
1) engage in any act that would result in copyright infringement or other intellectual property infringement (including but not limited to trade secret, trade dress, or other confidentiality agreements);
2) misrepresent your identity (including misappropriation of another’s image(s), celebrity, charitable or employment group, etc.). Sayso reserves the right to immediately block any attempt to register a user Account that is a misrepresentation of identity;
3) generate or make available Content that is unlawful, harmful, defamatory, tortious, abusive, invasive of one’s privacy, obscene, vulgar, and/or objectionable as determined by Sayso (including using the means described to stalk, harass, or intimidate another);
4) request as an adult user the personal information from a minor (anyone under the age of 18 or as properly defined by local law) who is not known to you. Examples of personal information include but are not limited to minor’s home address, full name, postal code or similar identifier, phone number, photographs, school, social affiliations, etc.;
5) upload onto the Services and transmit via any means material(s) that contain harmful viruses or programs intended to interfere or disrupt the normal function of the Services or any computer hardware or software;
6) create accounts with the Services through unauthorized means, including but not limited to using automated script, bot, device, spider, scraper or crawler; and
7) engage or plan any illegal activity and/or store and collect personal information of users of the services for any prohibited activities as described in this Agreement.
C. Content Removal. Sayso does not claim any responsibility for the Content that others may provide nor is Sayso bound to pre-screen all Content submitted via the Services. However, Sayso reserves the right in its sole discretion to monitor, screen, move, delete, modify and/or remove Content it determines to be in violation of this Agreement.
D. Content Backup. Although Sayso makes reasonable efforts to provide proper care and skill in delivering its services, Sayso does not guarantee, warrant, or covenant that any Content you access and/or store via the services will not be accidentally lost, corrupted, or damaged. Given this reality, you agree and acknowledge that it is your sole responsibility to back up any important Content on your device(s) and/or computer(s).
E. Access to User Account and Content. Sayso intends to enforce this Agreement to the full extent provided by law. As part of that process, Sayso reserves the right to verify and enforce compliance with this Agreement by you. You expressly agree and consent to these efforts by acknowledging that Sayso has the right without limitation to use, access, store and/or disclose your Account information and related Content to proper law enforcement authorities, government entities and/or officials, and/or proper third parties that Sayso believes is necessary in order to: 1) comply with a valid legal process or request; 2) prevent, detect, or identify fraud or technical issues; 3) enforce the terms of this Agreement including any necessary investigation thereof; and 4) protect the rights of Sayso, its users, a third party(ies), or the public as permitted by law.
F. Digital Millennial Copyright Act. Sayso makes every reasonable effort to ensure that its users and their content conform to proper Copyright standards. If you believe that any Content that you claim Copyright to has been infringed upon by anyone using our Services, please contact our Copyright Agent at firstname.lastname@example.org
G. Agreement Violations. In order to provide a harmonious environment for our users, Sayso makes best efforts to remove inappropriate or objectionable Content that violates this Agreement. If you encounter inappropriate or objectionable Content while using our services, please report it to us at email@example.com
H. User Submitted Content via Sayso Services
1. License from User to Sayso. Sayso does not claim ownership of the Content and/or materials you upload, submit, or disseminate via our services. Additionally, Sayso does claim ownership of material that we may specifically license to you under the terms of this Agreement. In instances whereby you upload, submit, or disseminate your Content via our services and make the Content publicly accessible or accessible to users with whom you consent to share your Content, you expressly grant Sayso a royalty-free, non-exclusive, worldwide license to distribute, use, reproduce, adapt, modify, translate, publish, publicly display and perform such Content. This license grant from you to Sayso is solely for the purpose by which the Content was submitted or made available without any compensation to you whatsoever.
You acknowledge and agree that any Content in its entirety uploaded, submitted, or posted by you shall be your responsibility. Specifically, this means that you represent that you are the legal owner of this Content and have all relevant and necessary rights, licenses, and authorization to distribute it. Furthermore, you warrant and represent that said Content does not infringe upon the rights of other parties nor is the Content in violation of local law or authority.
2. Content Changes. The Sayso services require the ability to transmit your Content across various forms of networks and media. In order to accomplish this capability, Sayso may need to change or modify your Content to ensure compliance with technical specifications and requirements of various networks, computers, or devices. You agree and consent to Sayso making these necessary Content changes.
3. Copyright and Trademark(s). Sayso and its related trademark(s), designs, logos, service marks, etc. are trademarks or registered trademarks of Sayso, Inc. in the US and abroad where applicable. Sayso does not grant you any right or license in its trademarks and you agree to not obscure, remove, or alter the Sayso marks contained in any portion of the services.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Sayso, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Sayso. Any rights not expressly granted herein are reserved by Sayso.
4. Consent to Send Text Messages to You. As part of our Services offered to you, you expressly agree and consent to the receipt of text and/or email messages regarding order confirmation(s), promotional, marketing, and/or advertising related materials. We send these messages in order to inform you of specific promotional, marketing, and/or advertising information that may enhance your experience. You acknowledge and agree that all text messages are subject to your carriers standard text rates.
I. Limited License from Sayso to You. You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
5. Community and Software Services
A. Sayso’s Proprietary Rights. As a condition to using Sayso’s Community and services, you acknowledge and agree that Sayso and/or its licensors own all legal right, title, and interest to all Community related Services. By way of example, these rights include but are not limited to the following: Sayso graphics, user interface, scripts and software used to implement the services, and any software that Sayso may provide you with in connection to the services. The described rights also include any and all intellectual property rights that reside therein, whether registered or not, and wherever in the world they may exist. You further agree that you will not use and/or reproduce any of this proprietary information in any way whatsoever except as defined by this Agreement.
B. License from Sayso. THE USE OF THE SOFTWARE AND/OR ANY PART OF THE SAYSO COMMUNITY AND SERVICES IS STRICTLY PROHIBITED AND INFRINGES UPON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES. THE ONLY PERMITTED USE OF THE SOFTWARE AND/OR ANY PART OF THE SERVICES IS OUTLINED ONLY IN THIS AGREEMENT.
C. Vendor User Payment Fees. Vendor Users shall be charged a 5% fee for all Product items purchased on the Site.
D. Export Control(s). The use of the Sayso Community and services may be subject to import and export laws of the United States and other countries. You agree and acknowledge that you will comply with all import and export laws and regulation. Specifically, you warrant and represent that the services and/or related software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the US Treasury Department’s List or Entity List. As a registered user of the services, you warrant and represent that you are not located in any such country or on any such list. This assurance and communication shall survive termination of this Agreement.
E. Update(s). In order to ensure a proper user experience of the Sayso Community and services, Sayso may make regular software updates from time to time. The updates may include new software versions, bug fixes, and feature enhancements or improvements.
A. User Termination. You may delete your user account and stop using the Sayso services at any time.
B. Sayso Termination. Sayso may terminate or suspend all or a portion of your account and/or access to the services at any time and/or for any reason. Examples of typical reasons for termination include but are not limited to the following: (a) violations of this Agreement; (b) a request by you to terminate or cancel your services account; (c) a request and/or order from law enforcement or government entity; (d) unexpected technical or security issues or problems; and (e) your participation in illegal or fraudulent activities. Any account termination or suspension by Sayso shall be made in its sole discretion and Sayso will not be responsible to you and/or any third parties for alleged resulting damages whatsoever.
C. Termination Effects. Termination of your services account may result in the loss to all access to the services and any account portions thereof including Content. After a period of time, as determined by Sayso, all data and information stored via your account shall be deleted.
7. Payment Authorization.
In order to enjoy our Sayso Community Platform and services, you agree to make payment with appropriate currency when making purchases through our Platform.
8. BILLING SUPPORT.
For billing support, you can directly reach the User Vendor at the phone number and/or email address provided to you during purchase confirmation. Technical issues related to our Sayso Community Platform and services will not be addressed at this contact number. For non-billing issues, please contact our technical support at firstname.lastname@example.org
9. Disclaimer of Warranties; Liability Limitation
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, SAYSO MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
SAYSO DOES NOT REPRESENT, GUARANTEE, OR WARRANT THAT USE OF THE SERVICES WILL BE ERROR-FREE OR INTERRUPTED, YOU AGREE AND ACKNOWLEDGE THAT SAYSO MAY REMOVE THE SERVICES FOR UNDEFINED PERIOD OF TIMES, OR CANCEL THE SERVICES ACCORDING TO THE TERMS IN THIS AGREEMENT.
THE SERVICES PROVIDED BY SAYSO ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE AND ACKNOWLEDGE THIS FACT. IN TURN, SAYSO AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNER, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SAYSO DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES WILL BE FREE FROM CORRUPTION, LOSS, VIRUSES, ATTACK, HACKING, INTERFERENCE, OR OTHER SECURITY INTRUSIONS. SAYSO DISCLAIMS ANY RELATED LIABILITY.
YOU AGREE AND ACKNOWLEDGE THAT YOUR DOWNLOADING OF ANY MATERIAL OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. ANY RESULTING OR ALLEGED DAMAGES TO YOUR COMPUTER, DEVICE, OR DATA LOSS THAT RESULSTS FROM SAID DOWNLOADING SHALL BE YOUR SOLE RESPONSIBILITY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW AND ALLOWED BY INDIVIDUAL JURISDICTIONS, SAYSO MAKES THE FOLLOWING EXCLUSIONS THAT MAY OR NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAYSO AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF SAYSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
As a requirement to use our services, you expressly agree to defend, indemnify, and hold Sayso and its subsidiaries, affiliates, directors, officers, employees, agents, and licensors, harmless from any claim or demand thereof, including reasonable attorney’s fees, made by a third party, relating to or arising from: (a) any violation by you of this Agreement; (b) any Content in its entirety that you upload, transmit, or make available through the services; (c) your use of the services; (d) any violation that Sayso determines through its reasonable investigations of a suspected violation(s) of this Agreement; or (e) your violation of another’s rights. This express waiver and indemnity provision applies to all violations described in or contemplated by this Agreement. This obligation shall survive the termination or expiration of this Agreement and/or your use of the services.
10. General Provisions
A. Notice(s). As part of our regular update policies, Sayso may provide you with notice regarding the Services, including changes made to this Agreement, via your email address provided to us, regular mail, or postings made to our application product. However, you acknowledge and agree to hold Sayso harmless from any and all notification transmission errors.
B. Governing Law. This Agreement between you and Sayso shall be governed by the laws of the State of California excluding its personal conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles County, California to resolve all disputes, claims, or allegations arising from this Agreement.
C. Entire Agreement. This Agreement embodies the complete agreement in its entirety between you and Sayso. This Agreement governs your use of Sayso services and replaces any other prior agreements between you and Sayso in relation to the services. In the event any of this Agreement is held to be invalid or unenforceable, that specific portion shall be construed to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect. If Sayso does not exercise or enforce any right or provision of this Agreement then that does not constitute a waiver of such right or provision. You agree that there shall be no third-party beneficiaries to this agreement.
D. Sayso as defined by this Agreement:
1855 Industrial St, STE 103
Los Angeles, CA 90021
E. Electronic Contracting. You acknowledge and agree that your use of the services includes your ability to enter into agreements or related transactions electronically. YOUR ELECTRONIC SUBMISSSION TO SAYSO ACKNOWLEDGES YOUR AGREEMENT AND INTENT TO BY BOUND BY THE TERMS OF THIS AGREEMENT IN ITS ENTIRETY. In order to access and store your electronic transaction records with Sayso, you accept full responsibility for installing required hardware and software.