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Seekers are responsible for selecting the right Sage for their needs. In making such decisions, Seekers should thoroughly review and investigate each Sage's self-reported credentials, education, and experience, as well as reviews from other Seekers. While Sagepair uses reasonable efforts to ensure that such credentials, education and experience are presented accurately, we are not responsible for any Sage misrepresenting his or her such credentials, education or experience. If you come across any Sage who you believe has misrepresented such matters, please contact us at email@example.com. Coaching sessions are intended for adults and should be used as such; for those under the age of 18 (or older if relevant in your jurisdiction) seeking coaching sessions, these sessions should be monitored at all times by a responsible adult. If you are a Sage, prior to beginning any sessions, you must also agree to the [Sage Agreement]. If you select certain sessions that relate to mental or physical health, you must also agree to our Well-Being Terms and Conditions. The Services and all sessions provided are for informational and educational purposes only. Nothing found on the Site or through any Services or sessions is intended to be a substitute for professional psychological, psychiatric or medical advice, diagnosis, or treatment.
Sagepair controls and operates the Site from various locations and makes no representation that this website is appropriate or available for use in all locations. The Services may not be available in your location, and available Services and sessions may vary among locations. In addition, as the Services include certain messaging functions between Users, Sagepair will attempt to deliver all correspondence sent via the Site's messaging system. Sagepair does not, however, guarantee delivery of all messages and you should follow up directly to ensure your message was received.
Use of the Site and Services
As a condition to your use of the Site and/or any Services, you agree: (a) that you are of legal age and have capacity to agree to these Terms on your own behalf or on behalf of a minor who will be receiving Services; (b) to provide accurate, current, and complete information about yourself as may be prompted by a registration form on the Site ("Registration Data"); (c) to maintain the security of your password and identification; (d) to maintain and promptly update the Registration Data and any information you provide to Sagepair, to keep it accurate, current and complete; and (e) to accept all risks of unauthorized access to information and Registration Data. You are not permitted to use the Site or the services or submit Content to the Site if you are under the age of 13.
You are entirely responsible for all content that you upload, post, or otherwise transmit through your use of the Site ("Content"). You agree not to upload, post or otherwise transmit Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, illegal, or otherwise objectionable to Sagepair or other Users; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Sagepair reserves the right to edit or remove Content that violates these Terms, that contains third-party commercial advertisements, or for any other reason it deems necessary. You may utilize the Services only for your personal, non-commercial use, unless you obtain Sagepair's written permission to otherwise use such Services.
When you interact directly with another User, you must be careful about the types of personal information that you share. We do not control what Users do with the information they obtain from other users on the platform. You should not share your email or other personal information about you.
You agree to use the Site in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Site that Sagepair, in its sole discretion, finds inappropriate and/or offensive may result in suspension and/or termination of a User with or without notice. Conduct that is inappropriate and/or offensive includes without limitation the following:
By using the Site, you represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Site: (a) you have and will at all times comply with all laws and regulations, as well as these Terms; (b) you have the right, authority and capacity to enter into these Terms and to abide by all of terms and conditions in these Terms; (c) neither you, nor anyone in your home: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect, fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a felony crime of any nature, or any misdemeanor with regard to any sexual, child abuse or domestic violence offenses; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (d) neither you, nor anyone in your home, is currently out on bail or on your own recognizance pending trial, relating to any felony crime of any nature, or any misdemeanor with regard to any sexual, child abuse or domestic violence offenses.
By using the Site, you understand and agree that Sagepair may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that Sagepair may revise the Eligibility Conditions from time to time and require new conditions and certifications and that User will abide by such revised Eligibility Conditions or discontinue using the Site.
You hereby authorize Sagepair to verify the above representations and warranties by you and you acknowledge and agree that Sagepair shall have the right, but not the obligation, to verify such representations and warranties. You agree and understand that such verification may include, without limitation, conducting criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or use of available public records. To the fullest extent permitted by law in any relevant jurisdiction, you consent to any collection, use or disclosure in order to accomplish such verification. You further agree that Sagepair may take such action as it, in its sole discretion, deems appropriate, including without limitation suspending and/or terminating your use of the Site, should it determine that, or be unable to determine whether, you have violated any representation or warranty.
The preceding paragraph notwithstanding, you are solely responsible for your interactions with other Users. You understand that Sages may not be subject to background checks and that we do not perform background checks on Seekers.
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or modify a Service altogether. Accordingly, Sagepair may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Cancellation and Refund Policy. None of Sagepair, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Sagepair Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.
When you use the Services, you may find links to other websites or apps that we don't own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also carefully review their terms and conditions and privacy policies.
Sagepair reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Sagepair in its sole discretion. Alleged improprieties by any User may be reported to Sagepair by email at firstname.lastname@example.org All rights, titles, and interests in and to the Services and any matter included in the Sagepair platform, including our website, our existing or future applications, our APIs, databases, and any content our employees or partners submit or provide through our Services (but excluding content provided by Sages and Seekers) are and will remain the exclusive property of Sagepair and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the United States and foreign countries. You do not have any right to the Sagepair name or any of the Sagepair trademarks, logos, domain names, and other distinctive brand features.
It may happen that our platform is down, either for planned maintenance or because something goes wrong with the Site. It may happen that one of our Sages is making misleading statements in or outside their session. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against Sagepair in any of these types of cases where things don't work out right. In legal, more complete language, the Services and their content are provided on an "as is" and "as available" basis (see below paragraph called ‘Disclaimers and Liability').
While we take pride in the sessions hosted through our Services, unexpected events may occur. Sagepair reserves the right to cancel, interrupt, reschedule or modify any Session or Session content at any time.
Participation in or completion of any session does not (a) confer any academic or similar credit. No Sage has any obligation to have a session recognized by any educational institution or accreditation organization, (b) enroll or register you in any educational institution, or in any course offered by any Sage, other than the specific session for which you have enrolled; or (c) entitles you to use the resources of any educational institution beyond participation in the session.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Sagepair has no responsibility to keep such content from you and no liability for your access or enrollment in any session, to the extent permissible under applicable law. This also applies to any sessions relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrollment in a session.
The Site may enable you to share certain content in connection with your sessions, such as projects, and other assignments submitted through the Site posted to forums, and the like ("User Content"). You retain all intellectual property rights in, and are responsible for, the User Content you share.
To the extent that you provide or post User Content, you grant Sagepair a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Sagepair the right to authorize others to use User Content independent of the session for which it was created. Nothing in these Terms shall restrict other legal rights Sagepair may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.
We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Sagepair does not waive any rights to use similar or related Feedback previously known to Sagepair, developed by its employees or contractors, or obtained from other sources.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Sagepair reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Cancellation and Refund Policy. Sagepair facilitates sessions between Sages and Seekers. Sagepair has no control over or responsibility for the actions or omissions of Sages and Seekers regarding honoring and fulfilling of commitments for scheduled sessions. Sagepair shall not be liable for cancelled or otherwise unfulfilled sessions, or any damages resulting therefrom, unsuccessful payments or costs of any kind related to cancelled or missed sessions.
Users agree to make and receive all payments through the Site. Other than in connection with special promotions being run by Sagepair, which have been specifically notified to the User in writing, under no circumstances may a Seeker or Sage circumvent the Site with regard to payment or sessions.
Setting up a SagePair profile on SagePair is free. As of July 1, 2018, the SagePair platform does not include payment processing features on the site. All users will be notified via email and asked for consent regarding a commission structure which will ensue upon notification and written consent.
Sagepair may offer online listings, placement or other special Services to Sages for additional charge. Once a Sage has confirmed the accuracy of all data for such listing, the Sage bears all responsibility and financial risk for any data errors based upon the data input by the Sage.
Sages are independent contractors who operate a separate and distinct business from Sagepair. All payments made for sessions, even though such payments are made through the Site, and may be handled by Sagepair, are payments made to the Sages and not to Sagepair. As such, we do not control the manner or method of service to you, exercise no control over the working relationship, and do not warrant the service of any Sage. We urge all Users to be responsible and careful about their use of the Services and any transaction entered into as a result of a listing on the Website.
Sagepair may in its sole discretion, and without notice or explanation, reject, suspend or terminate any User at any time without liability.
SAGEPAIR DOES NOT ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, RESPONSES, INFORMATION, OR OTHER SESSIONS PROVIDED BY SAGES, AND NOTHING SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION OR GUARANTEE OF ANY PROFESSIONAL. SAGEPAIR DOES NOT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF ANYTHING SAID OR WRITTEN BY SAGES OR ANY RESPONSES PROVIDED.
SAGEPAIR SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED DUE TO RESPONSES, INFORMATION OR PROFESSIONAL SERVICES PROVIDED BY ANY SAGE. SAGEPAIR IS NOT INVOLVED IN ANY WAY WITH THE PROVISION OF THE SESSIONS. SEEKERS HEREBY RELEASE AND AGREE TO HOLD HARMLESS SAGEPAIR PARTIES FROM ALL CAUSES OF ACTION AND CLAIMS OF ANY NATURE RESULTING FROM THE ACTS OF SAGES ACCESSED THROUGH THE SITE AND THE SERVICES.
Disclaimers and Liability
THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SAGEPAIR PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SAGEPAIR PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.
Sagepair expressly disclaims, and you expressly release Sagepair from and shall fully indemnify Sagepair in connection with, any and all liability whatsoever for any controversies, claims, suits, injuries and/or damages arising from and/or in any way related to: (a) any inaccuracy, untimeliness or incompleteness regarding a User's Eligibility Conditions and/or (b) misstatements or misrepresentations made by any User.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SAGEPAIR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE SAGEPAIR PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL SAGEPAIR'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY FIVE U.S. DOLLARS ($25) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SAGEPAIR FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to indemnify, defend, and hold harmless the Sagepair Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
If there is a dispute between Users (including between Seekers and Sages), or between Users and any third party, you understand and agree that Sagepair is under no obligation to become involved, and if it becomes involved, has no obligations toward any side in such dispute. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
Governing Law and Jurisdiction
The Services are managed by Sagepair, which has offices located in Tel Aviv, Israel. You agree that any dispute related to these Terms will be governed by the laws of the State of Israel, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving Tel Aviv, Israel as the legal forum for any such dispute. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team at email@example.com.
Excluding claims for injunctive or other equitable relief, for claims related to the Services where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), both you and Sagepair undertake to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Sagepair. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. To the extent permitted by law, you will be liable for any attorneys' fees and costs if Sagepair has to take any legal action to enforce these Terms.
You agree that any proceeding shall be limited to the dispute between Sagepair and you individually. To the full extent permitted by law, (a) no proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.
If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of these Terms, shall be deemed to survive for as long as necessary to fulfill such purposes.
You agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us. You may not assign or transfer these Terms (or the rights and licenses granted under them). We may assign these Terms (or the rights and licenses granted under them) to another person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
Relationship with Seekers
Sages do not have a direct contractual relationship with Seekers. The only information you will receive about Seekers is what is provided to you through the Services ("Seeker Data"). You agree to indemnify Sagepair for any matter arising out of your use of any Seeker Data.
As a Sage, you represent, warrant, and covenant that:
You hereby agree that we may record all or any part of any sessions and communications (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and Services. You hereby grant Sagepair permission to use your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, sessions, or additional content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
Sagepair has the right to restrict the content provided in or in connection with any sessions, or to remove you or offered sessions from its platform at any time, at its sole discretion.
As part of your participation on Sagepair, You give Sagepair permission to share your sessions, and information about you and the sessions with Sagepair employees and selected partners, for which you will not receive additional compensation.
From time to time, ee may update this Sage Agreement to clarify our practices or to reflect new or different practices, such as when we add new features, and Sagepair reserves the right to modify and/or make changes to this Sage Agreement at any time. If we make any material change we will notify you by email notice sent to the email address specified in your account or by posting a notice on the www.sagepair.com. Modifications will become effective on the day they are posted unless stated otherwise. If you continue to use the Services after the effective date of any change, then such access and/or use will be deemed an acceptance of and an agreement to follow and be bound by the Sage Agreement as amended. Such revised Sage Agreement shall supersede all previous Sage Agreements.
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