Terms of Use

Last Updated May 23, 2024

Acceptance of Terms of Use.

The Terms of Use represent a legal and binding agreement between you, your employees, representatives, agents, contractors and any entity on whose behalf you accept these terms (collectively, “User”, “you” and “your”), and Saberin, Inc. d/b/a Saberin Group and its affiliated entities (“Saberin” “we,” “us” and “our”). Except as otherwise provided herein, the Terms of Use apply to Saberin’s public websites (“Website”) as well as our offered products and services (collectively “Services”).

This Website, and our related Services, are maintained as a service to our existing and prospective customers. By accessing our Website or using our Services, you agree to comply with and be bound by the following terms and conditions of use. Please carefully review these terms and conditions, together with any referenced documents (collectively, our “Terms of Use”). If you do not agree to these Terms of Use contained herein, you should refrain from using this Website and our Services. Likewise, by accessing our Website, or using our Services, you are expressly accepting our Terms of Use.

Site Use.

Saberin grants you a limited, revocable, nonexclusive license to use this site, and our Services, solely for your own use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this Website and our Services is made available at the discretion of Saberin, and we may terminate your use of at any time. Personally identifiable information collected about you by this Website is treated in accordance with the Privacy Notice available on our Website (“Privacy Notice”), which is hereby incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or Privacy Notice, you should exit our Website and refrain from using our Services.

Ownership.

All content included on this site is and shall continue to be the property of Saberin or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the website or any Services is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website or our Services.

Limitations of Access.

We reserve the right to terminate or modify our Services, including any of its content, in whole or in part, in any manner at our sole discretion, in which case we will notify you in a commercially reasonable amount of time. We will not be liable if, for any reason, all or any part of the Website or Services is unavailable at any time or for any period.

Intended Audience.

This Website and our Services are offered and intended for use by individuals eighteen (18) years of age or older. By accepting these Terms of Use, you represent that you are of legal age to form a binding contract with Saberin, and, to the extent accepting these terms on behalf of an entity, have the authority to do so. If you do not meet these requirements, you must not access the Website or use the Services.

User Account & Security.

To access portions of the Website or certain services, you may be asked to provide user registration details or other information. If you choose, or you are provided with, a username, password, or other information as part of our Website access security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree that you are solely responsible for all activities identified with your account. You agree to immediately notify Saberin of any unauthorized use of your username or password or any other breach of security. Saberin has the absolute right to disable any username or password, at any time, for any reason, including, if in our sole discretion we believe that you have failed to comply with any provision of these Terms of Use.

Linking to the Website.

Users are prohibited from linking or framing the Website without first obtaining the express written consent of Saberin.

Prohibited Use.

You agree not to access or use the Services in any manner that may:

• Violate any applicable federal, state, local or international law or regulation, or advocates, promotes or assists in any unlawful act, constitutes an illegal threat or violates export control laws.
• Violate the rights of any person or entity, or give rise to civil or criminal liability under laws or regulations applicable to you, another user, and/or Saberin, including violation of privacy rights, infringement of any copyright, patent, trademark, trade secret or other intellectual property right, or conflicts with these Terms of Use or the Privacy Notice.
• Transmit or introduce offensive materials, including those involving profanity, violence, sexual conduct, or discrimination based on race, age, religion, nationality, disability, or gender.
• Monitor or attempt to gain unauthorized access to: (a) an account or computer not belonging to you; (b) any data, information or communications on any network or system not owned by you, without authorization; (c) any system or network user accounts or passwords of other users, without authorization; or (d) e mail addresses, screen names or other identifiers without the consent of the person identified.
• Be false, deceptive, misleading or fraudulent, including but not limited to: (a) any attempt to impersonate any person or entity, including any other user, Saberin or a Saberin employee; (b) any attempt to misrepresent your identity or affiliation with any person or organization; and (c) any attempt to give the impression that you are posting materials from any person or entity other than yourself if that is not the case, including but not limited to altering your IP source address.
• Use, transmit or introduce non public sensitive or personally identifiable information including but not limited to driver’s license numbers, passport numbers, social security numbers, tax identification numbers, voter registration numbers or similar identifying numbers, health information, or financial information including bank, checking, credit card, debit card, or other account numbers except as necessary and in connection with a transaction.
• Be for the purposes of recruiting, advertising, solicitation or commercial activities of any kind including, but not limited to: (a) promotions, contests, sweepstakes, barter, advertising or pyramid schemes; and (b) the transmission of, or procurement of sending, any advertising or promotional material, including any “junk mail”, “spam” or any other similar solicitation.
• Monitor or copy materials on the Website for any unauthorized purpose or access the Website via any automatic device, process or means of access.
• Have a detrimental effect on the Website’s function, user interaction or security, including but not limited to: (a) gaining unauthorized access to, or attempting to compromise the security of, any network, system, computing facility, equipment, data or information; (b) attempting to intercept, redirect or otherwise interfere with communications intended for others; (c) disabling, damaging, overburdening or impairing the Website or any server, computer or database connected to or accessed by the Website; (d) modifying, blocking or otherwise interfering with the display of the Website; (e) interfering with another user’s ability to access, use and enjoy the Website; (f) accessing another user’s registration information or user account without that user’s express written permission; (g) transmitting or introducing any malicious or technologically harmful element to the Website such as a spyware program, virus, Trojan horse, worm or logic bomb; (h) performing, without Saberin’s express prior written authorization, scalability testing, load testing, probing, scanning, penetration or vulnerability testing of the Website; and (i) engaging in any activities that results in any server being the target of a denial of service attack.

Saberin reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Third-Party Sites.

Any links to non-Saberin sites are provided solely for informational purposes on topics that may be useful to users of the Website, and we have no control over the content on such non-Saberin sites. If you choose to link to a site not controlled by Saberin, we make no warranties, either express or implied, concerning the content of such site, including regarding accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we represent or warrant that such sites are free from any claims of copyright, trademark, or other infringement of the rights of third parties or that such sites or content are devoid of viruses or other contamination. Links to non-Saberin sites do not imply any endorsement of or responsibility for the opinions, ideas, products, information, or services offered at such sites, or any representation regarding the content at such sites.

Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. All third party product specifications and descriptions are supplied by the respective vendors or suppliers, and Saberin shall have no responsibility with regard to the selection, performance or use of such vendors or products. To the extent you access or use such products, all understandings, agreements or warranties, if any, shall be directly between the vendor and you.

Taxes, Payment Information and Third-Party Fees.

For any purchases made through the Website you agree to pay any applicable fees, taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, and credit card fees). You hereby authorize us to share your information with third-party payment processors to store your payment method and use it in connection with purchases. To avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You hereby authorize us to continue billing your account with the updated information that we obtain. We may take steps to collect any past due fees you owe us including all related collection costs and expenses for which you would bear responsibility.

Website IP.

The Website in its entirety is owned by Saberin or our licensors and is protected by United States and international laws regarding copyrights, patents, trademarks, trade secrets and other intellectual property or proprietary rights. You are permitted to use the Website only for legitimate business purposes related to your role as a current or prospective customer, developer, partner, supplier or distributor of Saberin. You shall not copy, modify, create derivative works of, publicly display or perform, republish, download or store, or transmit any Website content without Saberin’s express prior written consent. No rights are granted to you with respect to any content other than the limited, personal, non exclusive license to reproduce content as necessary to display the content on a device that you use to interact with the Website.

Trademarks.

The Website and Services may include marks and trademarks that belong to us, including, without limitation, Saberin Group, Saberin Software, Saberin Design, Saberin Direct, Saberin Properties, all associated Saberin logos and any other Saberin marks that are trademarks and/or registered trademarks of Saberin, Inc., or its affiliates or licensors. Other words, symbols, and company product names may be trademarks of the respective companies with which they are associated.

Restrictions.

There are no implied licenses under these Terms of Use. Saberin reserves all rights not expressly granted to you herein. Any use of the Website or Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Force Majeure.

Saberin shall not be liable for any delay or failure to perform its obligations under these Terms of Use that is caused by a Force Majeure event, which is defined as the occurrence of any act, event or condition, not reasonably within the control of Saberin, including without limitation: (a) acts of God; (b) pandemic, flood, fire, earthquake, hurricane, tornado or explosion; (c) war, invasion, hostilities (whether declared or not), terrorist threat or act, riot or other civil unrest; (d) actions by governmental authority; (e) national or regional emergency; (f) labor dispute, strike, lockout or slowdown; (g) prolonged shortage of adequate power, telecommunications or transportation; and (h) any other similar event which is beyond the reasonable control of Saberin., including without limitation: (a) acts of God; (b) pandemic, flood, fire, earthquake, hurricane, tornado or explosion; (c) war, invasion, hostilities (whether declared or not), terrorist threat or act, riot or other civil unrest; (d) actions by governmental authority; (e) national or regional emergency; (f) labor dispute, strike, lockout or slowdown; (g) prolonged shortage of adequate power, telecommunications or transportation; and (h) any other similar event which is beyond the reasonable control of Saberin.

Contact Authorization.

By providing us with contact information such as a phone number, email or mailing address, you authorize Saberin to contact you via email, phone call, text message or mailing using such information. We may contact you for legitimate business purposes, such as providing customer support or offering information about new products or services. You may manage communication preferences by following opt-out instructions detailed in our Privacy Notice.

Feedback.

Saberin may offer the opportunity to provide feedback as part of our services. By providing feedback to Saberin, you give Saberin a perpetual, irrevocable, royalty free, fully paid, sublicensable, transferable, non exclusive, worldwide license to share, make, use, sell, offer for sale, import or otherwise use or commercially exploit for any purpose, any User feedback, comments, suggestions, communications, and requests for improvements or enhancements relating to the Website or Saberin products and services. No compensation shall be paid to you for your submission and Saberin is under no obligation to use any information provided.

Forward-Looking Statements.

The Website may contain express or implied forward-looking statements, which are based on current expectations of management. Any such statements are neither promises nor guarantees, but are subject to a variety of risks and uncertainties, including scientific, business, economic and financial factors, many of which are beyond our control, and which could cause actual results to differ materially from those contemplated in these forward-looking statements. Saberin assumes no obligation to update any forward-looking statements and such statements are current only as of the date they are made.

Disclaimer of Warranties.

AS BETWEEN YOU AND SABERIN, YOUR USE OF THE WEBSITE AND OUR SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND OUR SERVICES ARE PROVIDED TO YOU BY SABERIN ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SABERIN NOR ANY PERSON OR ENTITY ASSOCIATED WITH SABERIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, SUITABILITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SABERIN NOR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH SABERIN, REPRESENTS OR WARRANTS THAT THE WEBSITE, INCLUDING THE WEBSITE CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE, WILL BE ACCURATE, RELIABLE, ERROR FREE OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

SABERIN CANNOT AND DOES NOT PROMISE, REPRESENT OR WARRANT THAT ANY ASPECT OF THE WEBSITE IS FREE OF VIRUSES OR DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR INDIVIDUAL REQUIREMENTS REGARDIING ANTI-VIRUS PROTECTION, ACCURACY OF DATA INPUT, AND FOR MAINTAINING A METHOD AND MEANS, EXTERNAL FROM OUR WEBSITE, FOR THE PURPOSES OF LOST DATA RESCONSTRUCTION. SABERIN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL OF SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation of Liability.

IN NO EVENT SHALL SABERIN, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, AND EVEN IF SABERIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SABERIN AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALLCLAIMS, LOSSES, DAMAGES, SETTLEMENTS, COSTS, EXPENSES OR OTHER LIABILITY (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING FROM OR RELATED TO THE USE OF THIS WEBSITE.

Regional Legal Considerations & Restrictions.

Saberin is based in the state of New York. The Website can be accessed from countries around the world. Access to the Website may not be legal by certain persons or in certain jurisdictions. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with all laws applicable to you, including local laws. Access to the Website from jurisdictions where the Website or any of its services or products are illegal is prohibited.

You may not access, download, use or export materials posted to the Website in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority.

Without limiting the foregoing, you represent and warrant that you are not located in, and shall not use the Website from, any country that is subject to U.S. export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria.

Governing Law and Jurisdiction.

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of laws provision or rule (whether of the State of New York or any other jurisdiction).

The sole and exclusive jurisdiction and venue for actions arising under these Terms of Use shall be state and federal courts in Suffolk County, New York, and the parties agree to service of process in accordance with the rules of such courts.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Entire Agreement.

The Terms of Use and our Privacy Notice constitute the sole and entire agreement between you and us with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. For the avoidance of doubt, these Terms of Use do not supersede other agreements pursuant to which you have been granted the right to use or access a Saberin product or service, except to the extent that these Terms of Use provide Website content or other offerings that are not subject to any warranty or entitled to any support, service credits, refunds, or other service entitlements under a product or services agreement.

Right to Update Terms of Use.

We may revise or update our Terms of Use at any time at our sole discretion. Accordingly, we recommend that you periodically check this page to determine if any changes were made and how the changes relate to your use of the Website. All material changes apply prospectively only. Your continued use of the Website following the revised Terms of Use signifies and confirms your acceptance of all revisions and updates to the Terms of Use.

Contact Information.

If you have any questions regarding these Terms of Use, please contact us at legal@saberin.com.