SAGECREW, INC.

 

TERMS OF USE AGREEMENT

 

Effective Date: December 26, 2024

 

By visiting and engaging with [site] (the “Website”) that is owned and operated by SageCrew, you are agreeing to comply with and be bound by the following Terms of Use Agreement (this “Agreement”). Please review this Agreement carefully. If you do not agree to this Agreement, you should not visit or engage with the Website.  If you are not at least 18 years of age, do not access the Website or any Website Content (as defined below) or other products and services as they are not designed for anyone under the age of 18 years.  The term “SageCrew” or “us” refers to SageCrew, Inc., a Delaware corporation.  The term “you” refers to the viewer or user of the Website or viewer, user or purchaser any Website Content.

 

1. Acceptance of Agreement; Entire Agreement; Updates

You agree to the terms and conditions set forth in this Agreement with respect to the Website.  This Agreement, our Privacy Policy along with any other terms or agreements agreed to on the Website, including of third party scheduling or payment providers which may enable portions of the Website, constitute the entire and only agreement between us and you with regard to your use of the Website and any Website Content (as defined below) and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website, any Website Content and the subject matter of this Agreement. This Agreement may be amended at any time by us without specific notice to you. The latest version of the Agreement will be posted on the Website, and you should review this Agreement prior to using the Website or any Website Content. This Agreement relates solely to your use of the Website and Website Content and, to the extent you have entered into a separate agreement with SageCrew, this Agreement will not affect such separate agreement.

 

2. Arbitration; Legal Class Action and Jury Trial Waiver

Any legal controversy or legal claim arising out of or relating to this Agreement, the Website or the Website Content, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in San Mateo County, California, and in accordance with the “Governing Law” Section 14 below.  To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE WEBSITE OR ANY WEBSITE CONTENT FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.  UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

 

3. Copyright

The content, articles, documents, information, materials, organization, products, graphics, design, compilation, magnetic translation, digital conversion, audio files, recordings and other matters related to the Website (collectively, “Website Content”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.  The copying, redistribution, use or publication by you of any Website Content or any part of the Website, except as allowed by the “Limited License; Permitted Uses” Section 4 below, is strictly prohibited.  You do not acquire ownership rights to any Website Content viewed through the Website unless purchased separately. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the Website Content may be the copyrighted work of third parties.

Rapid Transformational Therapy (RTT) is the Trademark of More Than Enough Limited and SageCrew does not represent the More Than Enough Limited. All terms of reference, logos, copyright material are used under the Terms and Conditions of study and in line with the Professional Code of Conduct of More Than Enough Limited. For further questions and advice around RTT and SageCrew personnel qualifications please email info@sagecrewhub.com.

 

4. Limited License; Permitted Uses

You are granted a nonexclusive, nontransferable, revocable license (a) to access and use the Website and Website Content solely in accordance with this Agreement; (b) to use the Website and Website Content available for free or paid access solely for internal, personal, noncommercial purposes, unless otherwise agreed to by the Website Content owner or licensor or by separate agreement, or such Website Content is publicly available without restrictions on use; and (c) to print out discrete information from the Website and Website Content for free or paid access solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other policies contained therein, unless otherwise agreed to by the Website Content owner or licensor or by separate agreement or such Website Content is publicly available without restrictions on use.  No printout or electronic version of any part of the Website or Website Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Website or any Website Content. Your use of information on the Website or Website Content or materials linked to the same and any information you choose to provide to any other user of the Website (which could be misused by such other users) are entirely at your own risk.  SageCrew is not responsible for how such information may be used or misused by any other user or any such or other actions of any other user. 

 

5. Restrictions and Prohibitions on Use

Your license for access and use of the Website and Website Content are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the “Limited License; Permitted Uses” Section above), republish, display, distribute, transmit, sell, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Website Content retrieved therefrom; (b) use any Website Content in any manner that may infringe any copyright, intellectual property right, proprietary right or property right of us or any third parties; (c) remove, change or obscure any copyright, trademark notice or other proprietary notice or terms of use contained in the Website or Website Content; (d) remove, decompile, disassemble or reverse engineer any Website software or Website Content or use any network monitoring or discovery software to determine the Website architecture; (e) use any automatic or manual process to harvest information from the Website or Website Content; (f) use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names or other means of deceptive addressing and (3) unsolicited telephone calls or facsimile transmissions; (g) use the Website or Website Content in a manner that violates any local, state or federal law, including but not limited to those regulating e-mail, facsimile transmissions or telephone solicitations; (h) use the Website or Website Content in any manner that may violate any party’s privacy or otherwise transmitting any content that may be false, obscene, abusive or constitute harassment other users; (i) use the Website in any manner that may prohibit other users’ use of the Website; and (i) export or re-export the Website, Website Content or any portion thereof, or any software available on or through the Website or Website Content, in violation of the export control laws or regulations of the United States.

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6. Audio Files, Recordings, Articles, Documents, Information

Website Content may include (i) audio files, recordings, articles, documents and presentations of SageCrew and other third parties and (ii) information you provide to us to engage with us to schedule a consultation, purchase services or products or sign up to our newsletter (“Materials”). All Materials are provided on a nonexclusive license basis only for your personal use for noncommercial purposes for any applicable time period provided at the time of access, without any right to relicense, sublicense, distribute, assign or transfer such license unless otherwise agreed to by the Material owner or licensor or publicly available without restrictions on use.  Materials are provided without any representations or warranties, express or implied, as to their suitability, completeness, timeliness, accuracy, appropriateness and/or any particular outcome.  Your use of any Website Content is at your own risk. 

You agree that all such Materials provided by you may be used by SageCrew or its licensees to complete the transactions and deliver the products and services which you have requested through the Website in accordance with this Agreement.  We use other third parties for scheduling and payment processing, who will have access to the Materials you provide, which could be utilized in violation of this Agreement, for which SageCrew is not be responsible.   

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7. Consultations

Consultations that may be scheduled through the Website and provided with SageCrew personnel do not create a separate contractual or legal relationship beyond that provided in and by this Agreement unless separate agreements are entered into with SageCrew.

 

8. Errors, Corrections and Changes

We do not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components or that defects will be corrected.  We do not represent or warrant that the information available on or through the Website, including Website Content, will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Website at any time.  We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Website, subject to the terms of any purchase of services or products.

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9. Third‑Party Content; Links to Other Websites

Third‑party content may appear on the Website as Website Content or may be accessible via links from the Website.  We are not responsible for and assume no liability for any third‑party content.  You understand that the information and opinions in the third‑party content represent solely the thoughts of the author of such content and are neither endorsed by us nor do they necessarily reflect our beliefs.  The Website and Website Content may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked website on our Website or in Website Content does not imply approval or endorsement of the linked website by us. If you decide to leave our Website and access these third-party sites, you do so at your own risk. 

 

10. Legal Compliance; Unlawful Activity

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Website Content (and any terms of any purchase of products or services as communicated at time of purchase).  We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, other Materials, usage history, IP addresses and traffic information. 

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11. Indemnification

To the extent permitted by law, you agree to indemnify, defend and hold us and our members, directors, employees, subcontractors, agents, attorneys, successors, assigns and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement; violation of applicable law or third‑party rights (including, without limitation, patent, trademark, copyright, trade secret, other intellectual property, privacy or other rights); willful misconduct or use of the Website or Website Content.

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12. Disclaimer of Warranties; Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT).  THE WEBSITE CONTENT AND WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF WEBSITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE OR WEBSITE CONENT OR CAUSED BY ANOTHER USER THEREOF; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR WEBSITE CONTENT; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SOCIAL SPACES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT, (IX) YOUR SHARING OF YOUR INFORMATION TO ANY OTHER USER; OR (IX) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIES’ REASONABLE CONTROL.  YOU ACKNOWLEDGE THAT WE ARE UNDER NO OBLIGATION TO VERIFY THE BACKGROUND OR QUALIFICATIONS OF ANY USER.  

TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE WEBSITE OR WEBSITE CONTENT.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

IN NO EVENT SHALL WE, OUR AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE GREATER OF $100.00 OR AMOUNTS YOU PAID ON THE WEBSITE FOR ANY PRODUCTS OR SERVICES, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

13. Use of Information/Privacy Policy

We reserve the right, and you authorize us, to the use and assignment of all information regarding Website and Website Content uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

 

14. Governing Law

This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). You agree to submit to the personal jurisdiction of the federal and state courts located in San Mateo County, California, for any actions pertaining to this Agreement.

 

15. Miscellaneous

To the extent permitted by law, any cause of action by you with respect to the Website or Website Content must be instituted within one (1) year after the cause of action arises or be forever waived and barred. All actions shall be subject to the limitations set forth in this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website or Website Content are in conflict or inconsistent with this Agreement, this Agreement shall take precedence other than the terms of any purchase of products or services which will control. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.