Last updated: 07/13/2008
Any use of the Sojern online services and any content or information therein (the “Service”) and
the Sojern.com website along with such website pages on which the Service is provided (the
“Site”) by Sojern, Inc. (“Sojern” or “us” or “we”) is subject to the following legal notices
(“Legal Notices”). Here you can access the current version of these Legal Notices any time.
These Legal Notices may be modified from time to time and such modifications shall be
effective immediately upon posting to the Site. The effective date of the then-current version of
these Legal Notices will appear on this page. It is your responsibility to regularly check the Site
to determine if there have been changes to the Legal Notices and to review such changes.
BY USING THE SITE OR THE SERVICE, YOU AGREE TO BE LEGALLY BOUND BY
ALL OF THE PROVISIONS OF THE TERMS OF SERVICE,
PRIVACY POLICY AND THESE LEGAL NOTICES.
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 (“Site Content”) and the
trademarks, service marks and logos contained therein, 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.
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 Sojern’s Copyright Agent
at copyrightnotices@sojern.com: (i) information
reasonably sufficient to permit us to contact you as the complaining party, such as your name,
address, telephone number, and email address at which you may be contacted; (ii) identification
and description of the copyrighted work that you claim has been infringed, or if multiple copyrighted
works at the Site are covered by a single notification, a representative list of such works; (iii)
the exact URL or identification of the material that is claimed to be 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.
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. Sojern is
not liable for any inaccuracies, errors, omissions or miscalculations in any of the Site Content
and is not 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 these Legal Notices. Sojern has 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. Sojern has no responsibility or liability for the services or content of, and does 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. Your 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
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.
