Last Updated: 11/03/2008
This is our Terms of Service Agreement (“Terms of Service Agreement” or “Agreement”).
It governs your use of our online services and any content or information therein (the “Service”),
as well as our sojern.com website, any subdomains of sojern.com and any other website pages on which
the Service is provided (collectively, the “Site”) by Sojern, Inc. (“Sojern” or “us” or “we”).
Please read the terms and conditions contained in this Agreement carefully. You can access the
current version of this Agreement any time at
www.sojern.com/tos.
This Agreement may be modified by us from time to time. Any modifications we make will be effective
immediately upon posting to the Site and the effective date of the latest version will appear on this page.
It is your responsibility to regularly check the Site to determine if there have been changes to this Terms
of Service Agreement and to review the changes.
This Terms of Service Agreement applies to anyone using the Service and or visiting the Site.
By visiting the Site or using the Service, you agree to be legally bound by all of the terms of
this Agreement and Sojern’s Privacy Policy, which is incorporated herein
by reference, including all changes and revisions to this Agreement and the
Privacy Policy. Failure to abide by this Agreement or any other terms
or conditions posted anywhere on the Site may result in suspension or termination of your access to the Site
or the Service, without notice, in addition to Sojern's other remedies.
IF YOU DO NOT AGREE TO OUR TERMS OF SERVICE AGREEMENT, YOU ARE NOT PERMITTED TO USE THE SITE OR SERVICE.
Unless otherwise specified, the Site and the Service are intended for your personal, noncommercial use only.
You agree to use the Site and the Service only for lawful purposes and acknowledge that your failure to do
so may subject you to civil and criminal liability.
The Site and the Service are not intended for users under the age of 13. We do not knowingly collect
personally identifiable information from children that age. Children under the age of 13 are expressly
prohibited from submitting their personally identifiable information to us, and we will not knowingly
use or retain any personally identifiable information they submit. Click here
to view Sojern’s Privacy Policy.
By using the Site or Service you represent and warrant that you are at least 13 years old, you have read
and agree to abide by this Agreement, you have read and agree to our Privacy Policy, any information you
submit is truthful and accurate, and your use of the Site and Service does not violate any applicable law
or regulation.
We may refuse, restrict or suspend your access to the Site or the Service at any time, without warning
or notice, for any reason, in our sole discretion.
Likewise, we reserve the right to modify, suspend or terminate the Site, the Service, or any feature or
portion thereof at any time, without warning or notice, for any reason, in our sole discretion.
You expressly agree that we will not be liable to you or any third party for modification, suspension or
termination of your access to the Site or Service, or any modification, suspension or termination of the
Site or Service itself or any feature or portion thereof.
The content on the Site and the Service, including but not limited to, the text, software, scripts,
graphics, photos, sounds, music, videos, interactive features and the like appearing on the Site or
delivered to you as part of the Service (“Site Content”) and the trademarks, service marks and logos
contained therein (“Site Marks”), are owned by or licensed to Sojern and are subject to copyright,
trademark, service mark, trade dress, patent and other intellectual property rights and protections
under United States and foreign laws and international conventions. We reserve all rights not expressly
granted to you under this Agreement in and to the Site, Site Content and Site Marks.
If you believe in good faith that any Site Content has been copied in a way that constitutes copyright
infringement, you may forward the following information to our Copyright Agent at
copyrightnotices@sojern.com: (i) your contact information, including your name, address, telephone
number, and email address; (ii) identification and description of each copyrighted work that you claim
has been infringed; (iii) the exact URL or identification of the material that you claim is infringing;
(iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (v) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest; and (vi) a statement by you, made under penalty
of perjury, that the information in your notice is accurate and that you are the copyright owner or are
authorized to act on behalf of the copyright owners.
You may not in any way make commercial or other unauthorized use of (by publication, re-transmission,
distribution, performance, caching, or otherwise) the Site Content or other material obtained through
the Site or Service, except as permitted by the Copyright Act or other law or as expressly permitted
in writing by this Agreement, Sojern, the Site or the Service.
You agree that you will access and use the Site and the Service only for lawful purposes and in
accordance with applicable law and this Agreement. You are prohibited from storing, distributing or
transmitting any unlawful material through the Site or the Service. You may not collect or store personal
information regarding other users. If a third party claims that material you have submitted to the Site
is unlawful, you will bear the burden of establishing that it is lawful.
You agree not to disrupt, overwhelm, attack, modify or interfere with the Site, the Service or any
associated software, hardware and/or servers in any way, and you agree not to impede or interfere with
others’ use of the Site or the Service. You further agree not to alter or tamper with any information
or materials on or associated with the Site or Service. Other than connecting to Sojern's servers by
http requests using a web browser, you may not attempt to gain access to our servers by any means,
including, without limitation, by using administrator passwords or by representing yourself as an
administrator while using the Site, the Service or otherwise.
You agree not to use the Site or the Service to upload, post, transmit, share, store or otherwise make
available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive,
inflammatory, harassing, vulgar, indecent, obscene, fraudulent, invasive of privacy or publicity rights,
hateful, or racially, ethnically or otherwise objectionable. You agree not to upload, post, transmit,
share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional
materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
This is only a partial list of prohibited conduct. We reserve the right to investigate and take appropriate
action, including, but not limited to, removing any content from the Site for any reason, suspending or
canceling any user’s access to the Site or the Service, and/or taking legal action against any user who
makes available any content that Sojern, in its sole discretion, deems inappropriate. We reserve the
right to determine, in our sole and absolute discretion, whether any material falls within any prohibited
category or is otherwise impermissible.
We grant you a limited, revocable, non-exclusive license, with no right to sublicense, to access,
display, and copy material (excluding any software code) displayed or provided on the Site or the Service
solely for your non-commercial, personal use of the Site and the Service. You may not copy, reproduce,
distribute, broadcast, publish, collect into a database, display, perform, modify, create derivative works
of, sell, license, transmit, or in any way exploit any part of the Site, the Service or Site Content,
except as specifically permitted herein. Any copies you make of Site Content must include all copyright
and other proprietary notices included on the original content. Without limiting the generality of the
foregoing, you may not distribute any part of the Site or the Service over any network, including a local
area network, nor sell or offer it for sale. Using any material displayed on the Site or the Service on
any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering,
disassembling, or otherwise reducing any software used on the Site or the Service into a readable form in
order to examine the construction of such software and/or to copy or create other products based (in whole
or in part) on such software, is prohibited, except as permitted by law.
You may not circumvent, disable or otherwise interfere with any security-related features of the Site or
the Service, or features that prevent or restrict use or copying of any content or enforce limitations on
use of the Site, the Service or the Site Content.
Use of the Site and the Service is further governed by Sojern’s
Privacy Policy, which is incorporated into this Agreement by reference.
Without limiting the disclaimer of warranties set forth below, all Site Content is provided on an "as is"
"as available" basis without warranties of any kind, either express or implied. We are not liable for any
inaccuracies, errors, omissions or miscalculations in any of the Site Content, nor are we liable for your
reliance on the Site Content, or any occurrences, outcomes or results relating to or arising from such
reliance. Sojern is not responsible for any statements, warranties, representations, offers, events or
advertisements made by any third party in Site Content.
The Site and the Service (including advertisements, Site Content and other materials contained in the Site)
may contain links to other websites that are not operated or maintained by Sojern and are not covered by this
Agreement. We have no control over, and makes no representations or warranties of any kind with regard to
any other websites, their terms of use or the way they may collect, save, store and use information,
including your personally identifiable information. We have no responsibility or liability for the
services or content of, and do not endorse any other websites, their terms of use or the way they may
collect, save, store and use information, including your personally identifiable information. You should
review the terms of use of each website you visit. Linking to any service or site is at your sole risk.
THE SITE, THE SERVICE AND ALL THE CONTENT, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND ANY MATERIALS
MADE AVAILABLE ON OR THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE, THE SERVICE AND ANY CONTENT,
INFORMATION, SOFTWARE, FACILITIES, SERVICES AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR
THE SERVICE IS AT YOUR OWN RISK.
SOJERN, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE SITE, THE SERVICE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR WITH
RESPECT TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, SOFTWARE, FACILITIES,
SERVICES OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE, THE SERVICE OR ANY SITES LINKED TO OR
FROM THE SITE OR THE SERVICE.
SOJERN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SERVICE WILL BE AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE OR THE
SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN THE EVENT THAT ANY APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED
WARRANTIES FROM APPLYING TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED
BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL SOJERN, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE
TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER INCURRED AS A RESULT OF YOUR USE OF THE SITE, THE SERVICE OR ANY SERVICES OR CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOJERN IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless Sojern, its members, managers, officers, directors,
shareholders, parents, subsidiaries, affiliates, agents, employees and licensors, from and against any
and all claims, losses, expenses, damages, obligations, liabilities, and costs, including reasonable
attorneys fees, arising from or related to: (a) your use of and access to the Site and the Service;
(b) your violation or breach of any of the terms of this Agreement and/or your representations or warranties;
(c) your violation of the rights of any third party, including but not limited to any copyright, property,
or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a
third party. This defense and indemnification obligation will survive your use of the Site and the Service.
We reserve the right to take over the exclusive defense of any claim for which we or any of the indemnitees
listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs
for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us.
The Site and the Service are hosted in the United States of America and are intended for and directed
to users in the United States. Those who access or use the Site or the Service from other jurisdictions
do so at their own volition and risk and are solely responsible for compliance with local law. If you
are accessing the Site or the Service from any region with laws or regulations governing personal data
collection, use and disclosure that differ from the laws of the United States, your continued use of the
Site or the Service, which is governed by this Agreement and our Privacy Policy under U.S. law,
constitutes your consent to transferring your personal information to the United States.
If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such
unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole and
in such event, such provision shall be changed and interpreted so as to best accomplish the objectives
of such unenforceable or invalid provision within the limits of applicable law or applicable court
decisions. This Agreement, together with the Privacy Policy, is
the entire agreement between the parties relating to the matters contained herein.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you,
but may be assigned by Sojern without restriction.
This Agreement shall be governed by, construed and enforced in accordance with the laws of the State
of Nebraska, as they are applied to agreements that are entered into and performed entirely within
Nebraska. Any action you, any third party or Sojern may bring to enforce this Agreement or, in connection
with any matters related to the Site or the Service, shall be brought only in the State or Federal Courts
located in Omaha, Nebraska, and you expressly consent to the exclusive jurisdiction of said courts over
yourself and any such matters.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREIN.
