Last Updated: XX/XX/XXXX
These Terms apply to your access to, and use of the Products and Services of Sage and Polyscience ("Sage," “Polyscience,” "we," "us," or "our"), compaies incorporated in _______. and located at ____. The term "Products" means any hardware or physical devices sold by us. The term "Services" refers to our websites, mobile applications, and other online products and services (some of which are paid subscription services). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us with respect to any Products, Services or otherwise. If you are using the Products or Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the "Last Updated" date at the beginning of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services. Any changes we make will not affect your rights with respect to Products you have already purchased or orders you have already placed.
- Additional Terms
When you use our Products and Services, your use is subject to the applicable terms and conditions for those Products and Services. For example, when you use download, install or otherwise use our mobile applications, your use is subject to our End User License Agreement . Your use of the Products and Services is subject to all additional terms, policies, rules or guidelines which may be posted on or linked to the Services. All Additional Terms are incorporated and made a part of these Terms.
- Eligibility; Registration and Account; Required Equipment, ISP and Carrier
Eligibility. The Services are not targeted toward or intended for use by anyone under the age of 16. In addition, if you are between the ages of 16 and 18 (or between 16 and the age of legal majority under applicable law), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, and (b) have full power and authority to enter into these Terms and that in so doing, will not violate any other agreement to which you are a party.
Registration and Account. To access and use certain areas or features of the Services, you may need to register for an account and/or create a profile. You may be required to provide information such as your contact and payment information. You agree to maintain the accuracy of this information at all times. You will also be required to create a password. You are responsible for maintaining the confidentiality of your account and password and all activities that occur under your account. When registering for an account, you may not create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim, including trademark rights, in those names. By creating an account, you agree (a) to provide accurate, current and complete account information, (b) to maintain and promptly update your account information from time to time as necessary, (c) to maintain the security of your account credentials, (d) to be responsible for the acts or omissions of any third party you authorize to access or use your account and the Services, and (e) to immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. If you believe your account is no longer secure, you must contact us at [insert URL or phone #].
Required Equipment, ISP and Carrier. You acknowledge that the availability of certain Services depends on (a) your computer, mobile phone or tablet, home wiring, home Wi-Fi network, Bluetooth connection, or other related equipment ("Equipment"), (b) your Internet service provider ("ISP"), and (c) your mobile phone or tablet carrier ("Carrier"). You agree that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services and that you are responsible for complying with all agreements and other policies of your ISP and Carrier. You further acknowledge and agree that your interactions with your ISP and Carrier are solely between you and such third parties, and that we are not responsible or liable in any manner for such interactions.
- Subscription Services; Terms of Sale
4.1. Services Subject to Free Trial, Discount Period and Auto-Renewal
From time to time we may offer Subscription Services including online cooking classes, demonstrations, or recipes and related services (collectively, the "Cooking Lessons"). In connection with the Cooking Lessons, subscribers may have the opportunity to interact with online instructors and teaching assistants. These individuals are not our employees, and we are not responsible for the content and information that they provide through the Services. We hereby disclaim any liability of any kind or nature arising out of or in relation to the Cooking Lessons.
4.2. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that all payment information is accurate, that you are authorized to use the designated payment method and that you permit us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable Taxes and other charges). You must promptly notify us of any changes to your payment information. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you select in order to proceed with your order. When we process your credit card for a recurring item, some credit card companies may place a temporary hold on your account for your first payment. Please contact your credit card company if you have questions.
Our presentation of Products and Services shall not be considered a binding offer, but rather an invitation to place an order. Once you conclude the online purchase process, we will have a binding contract of sale. You may update your cart at any time before concluding the online purchase process. We will not proceed with the delivery process until your payment has been received.
4.3. Pricing and Availability
While we provide some of our Services free-of-charge, Cooking Lessons may be one of our paid subscription Services subject to a yearly fee, provided that we may provide a free trial (a "Free Trial") or discount period (a "Discount Period") to allow new subscribers to try the Service. We reserve the right, in our absolute discretion, to determine your Free Trial or Discount Period eligibility, and we may limit eligibility or duration for any reason including to prevent free trial or discount abuse. We reserve the right to revoke the Free Trial or Discount Period and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent subscription are not eligible for Free Trials or Discount Periods. We may use information such as device ID, method of payment, or an account email address used with an existing or recent subscription to determine eligibility. For combinations with other offers, restrictions may apply.
All prices are shown in [applicable currency], unless we display prices in the local currency. Prices do not include applicable Taxes (defined below), shipping and handling charges, or other fees, unless we clearly state otherwise or are required by law to display prices inclusive of any Taxes, charges and other fees.
All Products and Services offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, restrict delivery to addresses within the EU [or UK], reject all or any part of an order, and discontinue sales of Products and Services without prior notice. Prices for Products and Services are subject to change at any time without notice and without incurring any obligations, but such changes will not affect any order for Products or Services you have already placed. We reserve the right to limit the number of items ordered or to refuse an order.
To the fullest extent permitted by applicable law, you are responsible for any sales, use, value-added or other governmental taxes, fees or duties (collectively, "Taxes") due with respect to your purchase and use of Products or Services. We will collect applicable Taxes if we determine we have a duty to collect Taxes. Please note that we do not collect Taxes on merchandise shipped to jurisdictions where we do not have an obligation to do so.
4.5. Shipping; Risk of Loss
You agree to pay any applicable shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise, risk of loss or damage to a Product passes to you upon delivery of the Product to your specified delivery location. If you have any questions or concerns regarding shipping, please contact us at: [customer service contact].
Products Purchased Directly. Please see our Sales Terms and Conditions and Return Policy.
For further information on warranty related claims, please refer to Warranty Policy.
Third-Party Products Purchased from Third-Party Sellers. We may provide the ability to purchase products from third-party sellers through the Services, in which case, we act as an intermediary only. If you purchase a product from a third-party seller, your purchase will be governed by the terms and policies of that third party. We are not the sellers of such products and are not a party to the sale of these products; therefore, we do not make any representations or warranties in terms of that product, nor do we accept returns or issue refunds for such products.
We attempt to be as accurate as possible and to eliminate errors on our Services; however, we do not represent or warrant that the descriptions, pricing or other Product- or Service-related information is accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
- Licenses to Use the Services and Materials
Unless otherwise indicated, all content and other materials contained on the Services, including, without limitation, our logos and all designs, text, recipes, ingredient lists, cooking times, videos, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, "Materials ") are the proprietary property of Sage/Polyscience or our affiliates or licensors and are protected by national and international copyright, trademark and other intellectual property laws.
Sage/Polyscience grants you a limited, revocable, royalty-free, non-exclusive, non-transferable, non-sublicensable, worldwide license to access and use the Materials made available through the Services for your own personal, non-commercial purposes. Except as expressly permitted by law or by Sage/Polyscience in writing, you will not reproduce, redistribute, sell, create derivative works or subsequent versions, decompile, reverse engineer or disassemble our Services (except in cases where you have the right to do so under applicable law), nor will you take any measures to interfere with or damage our Services.
However Sage/Polyscience encourages the use and distribution of certain Materials on the Services, including our recipes, ingredient lists, videos, pictures and User Content (defined in Section 11). Unless otherwise stated, such Materials are made available to you under the most recent version of the Creative Commons Attribution – NonCommercial-ShareAlike license (BY-NC-SA). Note that our service names, trademarks, logos and slogans that may appear on the Services are not licensed to you under the Creative Commons license.
Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Sage/Polyscience or any third party, whether by estoppel, implication or otherwise. The licenses granted herein are revocable at any time.
- Repeat Infringer Policy; Copyright Complaints
In accordance with applicable laws, we have adopted a policy of limiting access to the Services by or terminating the accounts of users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent: General Counsel, Breville USA, Inc.
Address: 19400 S. Western Ave., Torrance, CA 90501
Please see below for any jurisdiction specific requirements of a proper notification.
You should also note that if you knowingly make any material misrepresentation that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying on such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
"Sage/Polyscience" and the Sage/Polyscience logo (collectively, the "Trademarks") are all owned by Sage/Polyscience, used under licenses by its licensees, and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other "hidden text" utilizing the Trademarks or any other name, trademark or product or service name of Sage/Polyscience without prior written permission in each instance. In addition, the look and feel of the Services, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Sage/Polyscience and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on the Services may be trademarks of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Sage/Polyscience.
If you believe that anything on the Services infringes on any trademarks which you own or control, you may file a notification of such infringement with our designated agent as set forth in Section 6. A proper notification should contain the same elements required for copyright complaints.
You are granted a limited, revocable, nonexclusive, nontransferable, non-sublicensable right to create a text hyperlink to the Services, provided such link does not portray any of the Sage/Polyscience Parties (as defined in Section 14, below) or any of our 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 at the sole discretion of Sage/Polyscience. This license may be revoked at any time, at our sole discretion. You may not use a Sage/Polyscience or any other Breville logo or other proprietary graphic of any of the Sage/Polyscience Parties to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information of any Sage/Polyscience Party, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
To the fullest extent permissible by applicable law, Sage/Polyscience makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services or of websites linking to the Services. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
- Third-Party Content; Open Source Software; Interface to Third-Party Products and Services
Third-Party Content. We may display content, advertisements and promotions from third parties through the Services (collectively, "Third-Party Content"). To the fullest extent permissible by applicable law, we do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third-Party Content are solely between you and such third parties, and that Sage/Polyscience is not responsible or liable in any manner for such interactions or Third-Party Content. We may at any time and at our sole discretion remove any Third-Party Content.
Open Source Software. Our Services may also contain third-party software that is subject to the GNU General Public License ("GPL") or other open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions, available at insert url.
- User Conduct
You agree that you will not violate or encourage others to violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while accessing or using the Products and Services. You agree that you will abide by these Terms and will not:
Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any site account without permission, attempting to present false means of payment or falsifying your age or date of birth;
Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
Post, upload or distribute any content that is unlawful, defamatory, libelous or that Sage/Polyscience in its sole discretion could deem objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate;
Use another user's account without authorization from such user and Sage/Polyscience;
Use the Products or Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Products or Services, or that could damage, disable, overburden or impair the network, equipment or server connected to or used to provide the site or functioning of the Products or Services in any manner including uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code;
Make any unsolicited offer or advertisement to or collect personal information about another user;
Sell or otherwise transfer any access, right or ability to view or use of Products and Services granted under these Terms;
Transform any aspect of the Products or Services, including the correction of errors, without the authorization from Sage/Polyscience;
Interfere with any security-related features of the Site, including but not limited to by disabling or circumventing features that prevent or limit use or copying of any content;
Reverse engineer any aspect of the Products or Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Materials or features or areas of the Products or Services, except as expressly permitted under applicable law;
Develop any third-party applications that interact with User Content or the Products or Services without our prior written consent;
Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Products or Services, extract data or otherwise interfere with or modify the rendering of Materials or functionality;
Bypass or ignore instructions contained in the robots.txt file, accessible at insert url ;
Use the Products or Services to engage in, encourage or promote any activity that violates these Terms;
Attempt to do any of the acts described in this Section 10.
- User Content
The Services may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, user-generated content, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, "User Content"). If you decide to share your User Content through the Services or third-party platforms, you understand that it will be viewable by others in accordance with the privacy settings you establish.
You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Services. By posting, uploading or otherwise submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own all intellectual property rights (or have obtained all necessary permissions) to provide such content and to grant the licenses set forth herein; and (c) the User Content will not violate or infringe any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
By using the interactive features and areas of the Services, you further agree that it is subject to the User Conduct requirements in Section 10 of these Terms. In addition, you shall not to create, post, share or store User Content that:
Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
Impersonates, or misrepresents your affiliation with, any person or entity;
References or depicts Sage/Polyscience or any of its Products or Services but fails to disclose a material connection to us, if you have one (for example, if you are a Sage/Polyscience employee);
Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
In our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Products or Services, or that may expose Sage/Polyscience or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any or no reason. If you wish to retain back-up of your User Content, you must do so and at your own expense.
- Rights in User Content
Except as otherwise provided in these Terms or in a separate agreement, we do not claim any ownership of your User Content. However, by uploading, posting or otherwise submitting User Content, you grant Sage/Polyscience a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content and your name, likeness, voice and persona on the Services, on third-party sites and mobile applications, and in all other media or formats, whether now known or hereafter developed, for any purpose, including for Sage/Polyscience’s commercial purposes. You further grant all users of our Services permission to access and use your User Content in accordance with the most recent version of the Creative Commons Attribution- NonCommercial-ShareAlike license (BY-NC-SA).
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about our Products or Services (collectively, "Feedback"). Feedback is non-confidential and shall become our sole property. We shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Sage/Polyscience and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (together with Sage/Polyscience, the "Sage/Polyscience Parties") from all third-party claims of any kind, whether in tort, contract or otherwise (collectively, "Claims"), including damages to property or personal injury, that arise from or relate to:
Your access to or use or misuse of our Products, Services and Materials;
Any User Content you create, post, share or store on or through our Services or our pages or feeds on third-party social media platforms;
Any Feedback you provide;
Any alleged violation of these Terms;
Any alleged violation of the rights of any third party including any dispute or issue between you and any third part ; or
Any alleged use or misuse of the Products or Services by any third party you authorize to use the Products or Services provided to you.
This indemnity obligation includes paying for any of the Sage/Polyscience Parties' attorneys' fees and other costs of investigating and defending Claims, and the costs of enforcing the indemnity obligation.
You agree to promptly notify us of any third-party Claims and cooperate with the Sage/Polyscience Parties in defending such Claims. You further agree that the Sage/Polyscience Parties shall have control of the defense or settlement of any third-party Claims, and you agree to fully cooperate with said defense. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between us.
WE MAY PROVIDE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING CERTAIN SAGE/POLYSCIENCE OR THIRD PARTY PRODUCTS AND/OR PARTICIPATING IN CERTAIN ACTIVITIES OR SERVICES. WE MAY UPDATE OR REVISE THESE WARNINGS AND INSTRUCTIONS, SO PLEASE REVIEW THEM PERIODICALLY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES AND MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. IN ADDITION, OUR WEBSITES, MOBILE APPLICATIONS AND MATERIAL ARE (A) FOR INFORMATIONAL PURPOSES ONLY, (B) PROVIDED AS GENERAL ADVICE AND (C) NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR NUTRITIONAL ADVICE. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF ANY OF OUR WEBSITES, MOBILE APPLICATIONS AND MATERIALS SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THEY OR OUR SERVERS ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF FOOD. THE COOKING INSTRUCTIONS AND DIRECTIONS PROVIDED BY SAGE/POLYSCIENCE ARE OFFERED AS GUIDELINES ONLY. USE YOUR BEST JUDGMENT AND PROPER DISCRETION WHEN PREPARING OR CONSUMING ANY FOOD. CONSUMING RAW OR UNDERCOOKED MEATS, POULTRY, SEAFOOD, SHELLFISH OR EGGS MAY INCREASE YOUR RISK OF FOODBORNE ILLNESS, AND SUCH CONSUMPTION IS TO BE DONE AT YOUR OWN DISCRETION. WE EXPRESSLY DISCLAIM RESPONSIBILITY FOR ANY ADVERSE EFFECT THAT MAY RESULT FROM YOUR USE OR APPLICATION OF INFORMATION PROVIDED THROUGH THE SERVICES.
SAGE/POLYSCIENCE PROVIDES NO WARRANTY ON PRODUCTS THAT ARE MANUFACTURED BY OTHER ENTITIES, EVEN THOUGH YOU MAY PURCHASE THEM THROUGH OUR SERVICES. PRODUCTS MANUFACTURED BY OTHER ENTITIES BUT SOLD THROUGH OUR SERVICES ARE SOLD BY SAGE/POLYSCIENCE "AS IS" AND "WITH ALL FAULTS." SAGE/POLYSCIENCE DISCLAIMS ALL IMPLIED WARRANTIES FOR SUCH PRODUCTS, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SAGE/POLYSCIENCE DOES NOT WARRANT ANY QUALITY OR CHARACTERISTIC OF PRODUCTS THAT WE DO NOT MANUFACTURE. UNLESS THE MANUFACTURER PROVIDES A WARRANTY, YOU AS THE BUYER BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH PRODUCTS, AND YOU, NOT SAGE/POLYSCIENCE, ASSUME THE ENTIRE COST OF ANY NECESSARY REPLACEMENT OR REPAIR.
MANUFACTURERS OF PRODUCTS SOLD BY SAGE/POLYSCIENCE MAY PROVIDE THEIR OWN WARRANTIES AND YOU AGREE THAT YOUR REMEDY FOR ANY DEFECTS IN SUCH PRODUCTS WILL BE BASED SOLELY ON THE WARRANTIES, IF ANY, PROVIDED BY THOSE MANUFACTURERS.
- Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL SAGE/POLYSCIENCE OR ANY OF THE OTHER SAGE/POLYSCIENCE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SERVICES OR MATERIALS OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM SAGE/POLYSCIENCE, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD OR FORCE MAJEURE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SAGE/POLYSCIENCE' RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SAGE/POLYSCIENCE AND THE SAGE/POLYSCIENCE PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING MATERIALS AND FUNCTIONS CONTAINED THEREIN, EXCEED ANY COMPENSATION PAID TO US FOR YOUR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, AND DISCHARGE THE SAGE/POLYSCIENCE PARTIES FROM AND AGAINST ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.
THE LIMITATIONS SET FORTH IN THIS SECTION 16 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS OR SERVICES YOU PURCHASE FROM US, OR FOR OUR FRAUD, GROSS NEGLIGENCE, OR INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
- Modifications to the Services
We reserve the right in our sole discretion to change any and all Materials and to modify, suspend or stop providing access to the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you. You are also entitled not to use all or part of the Services or terminate this agreement at any time.
- Dispute Resolution
You agree that you will notify us at [insert url] of any dispute within thirty (30) days of the date it arises, so that we can attempt in good faith to resolve it informally. For disputes arising in the UK, UK law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. London is specified as place of jurisdiction if the purchaser is not a consumer.
Pursuant to EU Directive No. 524/2013, the EU Commission for Consumer has created a platform for extrajudicial dispute resolution, available at ec.europa.eu/consumers/odr/. We are neither willing nor obligated to participate in a dispute resolution process of any consumer arbitration board.
Notwithstanding anything contained in these Terms, to the fullest extent permitted by applicable law, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, and to block or prevent your future access to and use of the Services. If you transfer a Product that links to our Services to a new owner, your right to use the Services with respect to that Product automatically terminates. The new owner will have no right to use the Services under your account and will need to register for a separate account with Sage/Polyscience.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. The unenforceable part of the term, clause or provision will be given effect to the greatest extent possible.
20.2 Governing Law and Venue
The terms of these Terms which by their nature ought to survive the termination of your right to access or use the Services shall do so to the fullest extent of applicable law.
20.4 Consent to Electronic Communications
By using the Services, you consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
If you have any questions regarding these Terms or our Products or Services, please contact us at insert url. or send a letter to Sage/Polyscience c/o Breville USA, Inc., 19400 S. Western Ave., Torrance, CA 90501; Attn.: General Counsel.