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Terms of Service

THE SITE IS OWNED AND OPERATED BY SAPLING TECHNOLOGIES,INC ("SAPLING"), A DELAWARE CORPORATION.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE ACCESSINGTHE SAPLING WEBSITE AT WWW.TRYSAPLING.COM ("SITE") OR USINGANY PART OF THE SITE OR SAPLING APPLICATION ("SERVICE”). BYVISITING THE SITE AND/OR USING OR ACCESSING THE SERVICES, THE USER ("YOU")AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACYPOLICY.

THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE AND/ORSERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, ANDOTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT UNCONDITIONALLY AGREE TOALL THE TERMS AND CONDITIONS OF THE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TOUSE THE SITE OR THE SERVICES.

SAPLING’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOURACCEPTANCE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT; YOUR CONTINUED USEOF OR ACCESS TO THE SITE AND/OR SERVICES SHALL BE DEEMED ACCEPTANCE OF THETERMS OF USE.

ACCEPTANCE OF TERMS

The following terms and conditions govern all use of theSite and Service. The Service is owned and operated by SAPLING. The Site andService is offered subject to acceptance without modification of all of theterms and conditions contained here (“TERMS OF USE”) and all otheroperating rules, policies and procedures that may be published from time totime on the Site by SAPLING.

SAPLING reserves the right, at its sole discretion, tomodify or replace any of the Terms of Use at any time, by posting the modifiedTerms of Use or other policies or guidelines on the Site, and if permitted todo so, sending you an email notifying you of the nature of the modificationsand a link to the modified document on the Site so that you may review it.

It is your responsibility to check the Terms of Useperiodically for changes. Your continued use of the Service following theposting or notification of any changes to the Terms of Use constitutes youracceptance of those changes and your agreement to abide and be bound by theTerms of Use, as amended. If at any time you choose not to accept the Terms ofUse, including following receipt of notification of any modifications hereto,then please do not use the Site or the Service.

AFFILIATION

SAPLING is an independent service provider and does notrepresent that it has any relationship or affiliation with any employees,contractors, directors, suppliers and representatives displayed on the Site orService. Use of any trademarks, logos or images are for display purposes onlyand SAPLING. Images of the Service displayed on the Site are for marketingpurposes only and may not accurately represent the Service.

COPYRIGHT

Unless otherwise indicated, the Terms of Use and allcontent provided by SAPLING are copyright © 2016 SAPLING. SAPLING, and theSAPLING logo, as well as any other images owned by SAPLING, are trademarks orservice marks of SAPLING or otherwise proprietary to SAPLING.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SAPLING, NOR ITS DIRECTORS, EMPLOYEES,AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT,TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TOTHE SITE OR SERVICE:

·      FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL,PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS ORSERVICES ARISING FROM PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO THE SITE AND SERVICE,

·      FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE(REGARDLESS OF THE SOURCE OF ORIGINATION), OR

·      FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE)$10 (U.S.).

·      ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR

·      SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONSMAY NOT APPLY TO YOU.

TERMINATION

SAPLING may terminate the Site, Service or your access toall or any part of the Site or Service at any time, with or without cause, withor without notice, effective immediately. All provisions of the Terms of Usethat by their nature should survive termination shall survive termination,including, without limitation, ownership provisions, warranty disclaimers, indemnityand limitations of liability.

THIRD-PARTY LINKS

The Site and Service may permit you to link to otherwebsites or resources on the Internet, and other websites or resources maycontain links to the Site. These other websites are not under SAPLING's control,and you acknowledge that SAPLING is not responsible or liable for the content,functions, accuracy, legality, appropriateness or any other aspect of suchwebsites or resources.

The inclusion of any such link does not imply endorsementby SAPLING or any association with its operators. You further acknowledge andagree that SAPLING shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection withthe use of or reliance on any such Content, goods or services available on orthrough any such website or resource.

MISCELLANEOUS

The Terms of Use are the entire agreement between you andSAPLING with respect to the Service and use of this Site, and supersede allprior or contemporaneous communications and proposals (whether oral, written orelectronic) between you and SAPLING with respect to this Site or any other ofthe subject matter hereof.

If any provision of the Terms of Use is found to beunenforceable or invalid, that provision will be limited or eliminated to theminimum extent necessary so that the Terms of Use will otherwise remain in fullforce and effect and enforceable.

No failure of the SAPLING Site or Service to enforce anyof its rights under these Terms of Use will act as a waiver of such rights. TheTerms of Use are personal to you, and are not assignable, transferable orsub-licensable by you except with SAPLING's prior written consent. SAPLING mayassign, transfer or delegate any of its rights and obligations here withoutconsent. No agency, partnership, joint venture, or employment relationship iscreated as a result of the Terms of Use and neither party has any authority ofany kind to bind the other in any respect. In any action or proceeding toenforce rights under the Terms of Use, the prevailing party will be entitled torecover costs and legal fees.

All notices under the Terms of Use will be in writing andwill be deemed to have been duly given when received, if personally deliveredor sent by certified or registered mail, return receipt requested; when receiptis electronically confirmed, if transmitted by facsimile or email; or the dayafter it is sent, if sent for next day delivery by recognized overnightdelivery service.

 

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