TERMS OF SERVICES
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE AND RELATED SERVICES.
By accessing or using any part of this Web site or the services provided on it or other Web sites as set forth below, you agree to accept and comply with the terms, conditions, and notices stated herein and as may be modified by SasaHarvest(SasaTechnologies) from time-to-time without notice to you (the "Terms of Use"). These Terms of Use constitute a binding contract between SasaHarvest and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, do not access or use any part of this Web site or services.
RESTRICTIONS ON USE
Unless otherwise noted, the Web site and all of its contents, including, but not limited to, all information, text, news articles, literature, messages, images, illustrations, artwork, animation files, designs, icons, photographs, video and audio clips, sounds, files, names, logos, trademarks, copyrighted material, trade dress, software, specifications, code, and technical information (collectively, "Content") is owned by SasaHarvest and/or third parties with all rights reserved unless otherwise noted. SasaHarvest grants you a limited, nonexclusive, revocable license to access and use the Web site and Content solely for your own personal or commercial use on your own behalf. Content is provided through the Web site AS IS, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall SasaHarvestbe liable for any Content or for any loss or damage of any kind incurred as a result of republication, distribution, assignment, sublicense, transfer, sale, preparation of derivative works, or other use of any Content made available through the Web site service. You shall abide by all additional copyright notices, information or restrictions contained in the Content from third parties accessed through the Web site. Any other use of the Content without the prior written consent of SasaHarvest is strictly prohibited.
You agree to access or use the Web site only for legal purposes that are permitted by the Terms of Use. You further agree that your use of the Web site shall comply with all applicable local, state, federal and international laws, rules, and regulations. Among other things, you agree not to:
- except with the express written permission of SasaHarvest, modify, copy, reproduce, frame in another Web page, hyperlink, use on any other Web site or networked computer environment, publish, download, upload, post, display, transmit, or distribute in any way any information or Content obtained from the SasaHarvest Web site service;
- use any robot, spider, other automatic device, or manual process to monitor or copy any part of the Web site or the Content;
- damage, disable, overburden, or impair the Web site or interfere with any other party's use and enjoyment of the Web site service.
All materials on the Web site (as well as the organization and layout of the Web site) are owned and copyrighted or licensed by SasaHarvest, its affiliates or its third-party vendors. © SasaHarvest 2009, all rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on the Web site is permitted without the written permission of SasaHarvest. Any rights not expressly granted herein are reserved.
USER ACCOUNT
If you register as a user of this Web site and/or its services, you will be assigned a username and password that is unique to you. You are responsible for maintaining the confidentiality of the username and password and for all activities that occur under your username and password. You agree to notify SasaHarvest of any unauthorized use of your username and password and any other breach of security with respect to the Web site. Any password or right given to you to obtain information from the Web site is not transferable.
ACCOUNT TERMS
THE CONTENT ON THE WEB SITE AND SERVICE ARE PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. SASAHARVEST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
E-MAIL AND PUBLIC COMMUNICATION
E-mails, letters, attachments or other types of communications to the webmaster(s) or employees of SasaHarvest, and messages posted in connection with online discussions on the Web site ("Communications") which you may use to communicate via the Web site shall not include any content which is inappropriate, libelous, defamatory, obscene, lewd, offensive, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
By uploading or submitting Communications to SasaHarvest, you automatically grant (or warrant that the owner of such rights has expressly granted) SasaHarvest a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.
UNSOLICITED SUGGESTIONS AND IDEAS
Communications or materials you submit to us via the Web site are transmitted on both a non-confidential and a non-proprietary basis. SasaHarvest is not responsible for harm you or others may suffer as a result of any disclosure or use of materials you send to or receive from SasaHarvest on the Web site. This includes submission of unsolicited product concepts or ideas as well as any other type of ideas or suggestions. SasaHarvest discourages the submission of unsolicited suggestions or ideas. If you do transmit unsolicited ideas or suggestions to SasaHarvest, you acknowledge and agree that they become the property of SasaHarvest and that SasaHarvest, its affiliates and designees may use those ideas or suggestions in any manner, at any time and for any reason with no obligation to pay you any compensation or recognition whatsoever.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless SasaHarvest, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, content and/or service providers, suppliers and employees, from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or alleged violation of these Terms of Use or your violation of any rights of another.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SASAHARVEST BE LIABLE FOR ANY SPECIAL INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT ON THE WEBSITE, EVEN IF SASAHARVESTHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, LIABILITY FOR DAMAGES OR INJURIES RESULTING FROM BROWSING THIS WEBSITE, DOWNLOADING ANY MATERIALS FROM IT, OR FROM SUCH CAUSES AS COMPUTER VIRUSES, SOFTWARE OR HARDWARE MALFUNCTIONS, OR ANY OTHER ERRORS, PROBLEMS, FAILURES OR DELAYS IN COMPUTER OPERATION IN GENERAL OR IN NETWORK TRANSMISSION. IN NO EVENT SHALL SASAHARVEST'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEB SITE.
EXPORT
The Web site and Content is solely intended for promoting services available in the United States and its territories. All information posted on this Web site is intended for the U.S. market and will be interpreted under and governed solely by U.S. law. SasaHarvest makes no representation that Content on the Web site is appropriate or available for use in other locations. If you access this site from a location outside the United States and its territories, you are responsible for complying with all applicable non-U.S. laws and regulations.
CANCELATION AND TERMINATION
These Terms of Use are effective until terminated by either you or SasaHarvest. You may terminate these Terms of Use at any time by destroying all Content obtained from the Web site and all related documentation and all copies thereof. The privileges granted to you by these Terms of Use, including the maintenance of a member account, will terminate immediately without notice from SasaHarvest, if in SasaHarvest 's sole discretion you violate any provision of these Terms of Use. Upon termination, you must destroy all Content obtained from the Web site and all copies thereof. SasaHarvest may take such further action as SasaHarvest determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and SasaHarvest shall not be liable for any damages of any nature suffered by you or any third party resulting in whole or in part from SasaHarvest exercise of its rights under these Terms of Use. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the My Account section in your Admin panel. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. SasaHarvest, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other SasaHarvest service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. SasaHarvest reserves the right to refuse service to anyone for any reason at any time.
OTHER WEB SITES AND SERVICES
You understand that all third party Content posted on, transmitted through, or linked to the Web site, is the sole responsibility of the third party originator of such Content. To the extent that the Web site contains links to outside services and resources, SasaHarvest does not control the availability and content of those outside services and resources. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Further, any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by SasaHarvest. You acknowledge and agree that SasaHarvest has no obligation to review any sites linked to the Web site and is not responsible in any way for the content of any linked sites. Your use of the Web site to link to other sites is done at your own risk.
OTHER
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state or federal courts located in San Diego, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. SasaHarvest's failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to the Web site and these Terms of Use must be filed within one (1) year of the date the cause of action arose.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING ACCOUNTS
A valid credit card is required for paying accounts. When you upgrade or downgrade your account these changes will be reflected in your account within 1 business day from the date your request was made. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any feature upgrade or downgrade in your existing account, your credit card that you provided will automatically be charged the new rate on the same date beginning a new billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. SasaHarvest does not accept any liability for such loss.
MODIFICATIONS TO THE SERVICE AND PRICES
SasaHarvest reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the SasaHarvest Site (www.sasaharvest.com) or the Service itself. SasaHarvest shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
BACKUP AND RESTORES
As a courtesy, SasaHarvest may provide a backup service on shared hosting accounts. You can request our administrators to run a backup of your Content or any files for a monthly charge. Although SasaHarvest tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a particular Content and/or file may not be able to be restored without our knowledge. We recommend that the customer periodically and frequently backup their Content site to their local computer. We recommend that customers purchase a backup option to protect data. On most accounts there is a backup manager that can assist you in this process.