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

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

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

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

ACCEPTANCE OF TERMS

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

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

It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting or notification of any changes to the Terms of Use constitutes your acceptance of those changes and your agreement to abide and be bound by the Terms of Use, as amended. If at any time you choose not to accept the Terms of Use, 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 not represent that it has any relationship or affiliation with any employees, contractors, directors, suppliers and representatives displayed on the Site or Service. Use of any trademarks, logos or images are for display purposes only and SAPLING. Images of the Service displayed on the Site are for marketing purposes only and may not accurately represent the Service.

COPYRIGHT

Unless otherwise indicated, the Terms of Use and all content provided by SAPLING are copyright © 2016 SAPLING. SAPLING, and the SAPLING logo, as well as any other images owned by SAPLING, are trademarks or service 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 TO THE SITE OR SERVICE:

  • FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES ARISING FROM PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, 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 OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

TERMINATION

SAPLING may terminate the Site, Service or your access to all or any part of the Site or Service at any time, with or without cause, with or without notice, effective immediately. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

THIRD-PARTY LINKS

The Site and Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain 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 such websites or resources.

The inclusion of any such link does not imply endorsement by SAPLING or any association with its operators. You further acknowledge and agree 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 with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

MISCELLANEOUS

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

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

No failure of the SAPLING Site or Service to enforce any of its rights under these Terms of Use will act as a waiver of such rights. The Terms of Use are personal to you, and are not assignable, transferable or sub-licensable by you except with SAPLING's prior written consent. SAPLING may assign, transfer or delegate any of its rights and obligations here without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and legal fees.

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