Terms of Service Agreement / Sojern

Terms of Use

Please read these Terms of Use carefully. By accessing or using this website, you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not understand and agree to all of these Terms, please do not use this website.

Last updated: September 21, 2018

These Terms of Use (the “Terms”) apply to your use  of www.sojern.com and its sub-domains (collectively referred to as the “Site”) made available by Sojern, Inc. (“Sojern”, “we”, or “us”), and to your linking to the Site, if applicable. The Terms incorporate by reference our Website Privacy Policy and the definitions of certain key terms available here. Failure to abide by these Terms may result  in suspension or termination of your access to the Site.

We may modify these Terms from time to time in our sole discretion. Any modifications will be effective immediately upon posting here. You can see when the last update was by looking at the “Last Updated” date at the top of this page. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Your Representations and Warranties

By using the Site you represent and warrant:

  • that you have read, understand, and agree to abide by these Terms;
  • any information you submit via the Site is truthful and accurate; and
  • your use of the Site does not, and will not, violate any applicable laws or regulations.

Site Access

We may refuse, restrict or suspend your access to the Site at any time, without notice, in our sole discretion. We also reserve the right to modify, suspend or terminate the Site or any feature or portion thereof at any time, without notice, in our sole discretion. You 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 any modification, suspension or termination of the Site itself or any feature or portion thereof.

Intellectual Property Rights

All of content on the Site including, but not limited to, the designs, text, software, scripts, graphics, layout, photos, sounds, music, videos, interactive features, information, trademarks, service marks, logos, data, and the selection and arrangement thereof appearing on the Site (collectively, the “Site Content”), 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 the laws of the United States of America, foreign laws and international conventions. We reserve all rights not expressly granted to you under these Terms and to the Site and Site Content.

Permitted Use and Limited License

You are hereby granted a limited, revocable, non-exclusive license to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Sojern or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.

Notwithstanding the foregoing, you may not use a Sojern logo or other proprietary graphic of Sojern to link to the Site without the express written permission of Sojern. Further, you may not use, frame or utilize framing techniques to enclose any Sojern trademark, logo or other proprietary information, including, without limitation, the Site Content, without Sojern’s express written consent.

Except as noted above, you are not conveyed any right or license to any Sojern intellectual property or the intellectual property of third parties.

Prohibited Activity

The following activities are prohibited when using the Site:

  • Copying, reproducing, distributing, broadcasting, publishing, collecting into a database, displaying, performing, modifying, creating derivative works of, selling, licensing, transmitting, or in any way exploiting any part of the Site or Site Content;
  • Using any material displayed on the Site on any other website or networked computer environment;
  • Disrupting, overwhelming, attacking, modifying or interfering with the Site or any associated software, hardware and/or servers;
  • Disrupting or interfering with use of the Site by others;
  • Altering or tampering with any information or materials on the Site;
  • Attempting to gain access to our servers by any means (other than by http requests using a web browser), including, without limitation, by using administrator passwords or by representing yourself as an administrator while using the Site or otherwise;
  • Circumventing, disabling, or otherwise interfering with any security-related features of the Site;
  • Decompiling, reverse engineering, disassembling, or otherwise reducing any software used on the Site 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;
  • Use of any data mining, robots or similar data gathering or extraction methods to gain access to or otherwise exploit Site Content; and
  • Use of our cookies, tags or other tracking technologies utilized by the Site.

This list is not intended to be exhaustive, and Sojern reserves the right to evaluate activities on the Site and to take any action it deems necessary in its sole discretion with respect to suspending or terminating access to the Site, as well as pursuing remedies at law or in equity for improper use of the Site.

Links to Other Websites

The Site (including Site Content and other materials contained in the Site) may contain links to other websites that are not operated, maintained or controlled by Sojern and not subject to these Terms. We have no control over and make 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 personal information. We do not endorse nor assume any responsibility or liability for the services or content of any other websites, their terms of use, or the way they may collect, save, store and use information, including your personal information. You should review the terms of use of each website you visit.

Disclaimer of Warranties

YOUR USE OF THE SITE AND ANY SITE CONTENT, INFORMATION, SOFTWARE, AND MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE IS AT YOUR OWN RISK.

THE SITE,  SITE CONTENT, INFORMATION, SOFTWARE, AND ANY MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SOJERN, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE 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, OR OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR ANY SITES LINKED TO OR FROM THE SITE.

SOJERN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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, WHETHER OR NOT SUCH CONSEQUENCES WERE FORESEEABLE.

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.

Limitation of Liability

IN NO EVENT SHALL SOJERN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND WHATSOEVER (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY) INCURRED, ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR CONTENT PROVIDED OR MADE AVAILABLE VIA THE SITE, WHETHER OR NOT SOJERN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), ARISING OUT OF OR RELATING TO (I) THE USE OF OR INABILITY TO USE THE SITE OR (II) THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO COMPANY FOR ACCESS TO OR USE OF THE SITE.  THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnity

You agree to defend, indemnify and hold harmless Sojern, its officers, directors, shareholders, parents, subsidiaries, affiliates, agents, employees and licensors and their respective directors, employees and agents, 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; (b) your violation or breach of any of these Terms; or (c) your violation of the rights of any third party, including, but not limited to any copyright, property, or privacy right. These obligations will survive any termination of your use of the Site. 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 (at your sole expense) such cooperation as is reasonably requested by us.

International Users

The Site is hosted and operated in the United States. If you access or use the Site from the European Union, or any other region, the personal information you submit to our Site will be transferred to and stored in the United States and other countries to be processed by us so we can provide the Site to you as set forth in these Terms and in our Website Privacy Policy.

By using the Site, you consent to the transfer of your personal information outside your home jurisdiction, including to the United States, and to the storage of your personal information in the United States, for the purpose of hosting, using and processing the personal information in accordance with our Website Privacy Policy. You further acknowledge that these countries may not have the same data protection laws as the country from which you provided your personal information, and that Sojern may be compelled to disclose your personal information to U.S. authorities. You have the right to withdraw your consent at any time by contacting us.

Transferability of Rights

You may not assign or transfer any of the rights and licenses granted pursuant to these Terms. Sojern reserves the right to assign or transfer any of its rights hereunder without restriction.

No Use by Children Under 13

The Site is not directed toward individuals under the age of thirteen (13), and we request that such individuals do not provide personal information to us. Additionally, we do not knowingly collect or maintain personal information from anyone under the age of 13. By using the Site, you represent and warrant that you are at least 13 years old. For more information, please see our Website Privacy Policy.

General Provisions

These Terms, together with the applicable Privacy Policies, constitute the entire agreement between the parties relating to the matters contained herein. If any provision of these Terms are deemed invalid or for any reason unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. If either party chooses not to enforce strict performance of any right or provision under these Terms, such election will not be construed as a waiver of such right or provision. These Terms will be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions, and any dispute arising hereunder will be resolved exclusively by the federal and state courts serving the County of San Francisco, California. You hereby consent and submit to the personal and exclusive jurisdiction of such courts.

Questions & Contact Information

All other questions or comments about the Site or its contents should be directed to mktg@sojern.com.