Legal 2014

LEGAL NOTICES

Copyright 2013 Copyright-SAG Enterprises, Inc.  All rights reserved worldwide.

Membership Platform “Membership sites made easy” is a registered mark. of SAG Enterprises – all other trademarks are the property of their respective owners.

PRIVACY POLICY

Effective Date: March 21, 2014

To review material modifications and their effective dates scroll to the bottom of the page.

SAG Enterprises (“SAG Enterprises”) owns and operates this MembershipPlatform.com website business.  All references to “we”, “us”, this “website” or this “site” shall be construed to mean SAG Enterprises.  We understand that visitors to this website are concerned about the privacy of information. The following describes our privacy policy regarding information, including Personal Information (defined below), that we collect through this website.  By using this website you are accepting the practices described in this Privacy Policy.

HOW WE MODIFY THIS PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time, and without prior notice, by posting an amended Privacy Policy that is always accessible by clicking on the “Privacy Policy” link on this site’s home page. Your continued use of this site indicates your acceptance of the amended Privacy Policy.

Regarding Personal Information (defined below), if any modifications are materially less restrictive on our use or disclosure of the Personal Information previously disclosed by you, we will obtain your consent before implementing such revisions with respect to such information.

THE TYPES OF INFORMATION WE COLLECT

Personal Information.  We collect information from you that is protected for purposes of privacy and data security (“Personal Information”).  Personal Information that we collect may vary with each separate purpose for which you provide it, and it may include one or more of the following categories: name, physical address, an email address, phone number, billing address, and location data.

Non-Personal Information.  We reserve the right to collect anonymous information such as your browser type, the URL of the previous website you visited, your computer’s operating system and Internet protocol (IP) Address, Internet domain and host name, your Internet Service provider, your clickstream data, and the dates and times that you may access this site and specific pages (“Non-Personal Information”).  Non-Personal Information is essentially anonymous when collected.

HOW AND WHEN WE COLLECT INFORMATION

Personal Information.  We collect Personal Information at the time you provide it to us.  We collect Personal Information through sign-up forms and as part of your registration for an account, product, or service from this website.  Personal Information that we collect may vary with the each sign-up or registration.

Your Communications With Us.  We collect Personal Information that we receive from you as you communicate with us.

Passive and Analytical Information.  We reserve the right to monitor your use of this site.  As you navigate through this site, Non-Personal Information may be passively collected (that is, gathered without your actively providing the information) using various analytics and reporting technologies, such as cookies and web beacons.

HOW WE USE YOUR INFORMATION

We use your Personal Information for the performance of the services or transaction for which it was given, our private, internal reporting for this site, and security assessments for this site.

We may use your Personal Information to send you emails and/or pre-recorded phone messages.

We reserve the right to make full use of Non-Personal Information.  For example, we may use Non-Personal Information to provide better service to site visitors, customize the site based on your preferences, compile and analyze statistics and trends about the use of this site, and otherwise administer and improve this site for your use.

INFORMATION SHARING AND DISCLOSURE

General Disclosure Policy.   Our general policy is that we will not share, sell, rent, or provide access to your Personal Information to others.  The only exceptions to this general policy: (i) are described in the subsections below, and (ii) if you explicitly approve through our site. We reserve the right to disclose Non-Personal Information without restriction.

Affiliated Entities.  We reserve the right to provide your Personal Information and Non-Personal Information to any affiliated entities we may have, including our subsidiaries.  Affiliated entities are entities that we legally control (by voting rights) or that control us.

Service Providers.  We reserve the right to provide access to your Personal Information and Non-Personal Information to our trusted service providers that assist us with the operation and maintenance of this site.  For example, we may contract with third parties to process payments, host our servers, provide security, and provide production, fulfillment,  optimization, analytics, and reporting services.  Our service providers will be given access to your information only as is reasonably necessary to provide the services for which they are contracted.

Successors.  If we sell or otherwise transfer part or all of our business or assets to another organization, such as in the course of an acquisition, merger, bankruptcy or liquidation, we may transfer your Personal Information and Non-Personal Information.   In such an event, we will require the buyer or transferee to agree to our commitments provided in this Privacy Policy.

Legal Process, Enforcement and Security Notice.  We reserve the right to disclose your Personal Information and Non-Personal Information if we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary (i) to satisfy any applicable law, regulation, legal process or enforceable governmental request (such as for example, to comply with a subpoena or court order), (ii) to detect, prevent, and address fraud or other illegal activity, and (iii) to investigate, respond to, or enforce violations of our rights or the security of this site.  If we believe that the security of your Personal Information may have been compromised, we may notify you of the relevant facts as promptly as possible under the circumstances, and if you have provided us your email address, we may notify you by email.  You consent to our use of your email address for this purpose.

Marketing Affiliates, Partners and Resellers. We reserve the right to disclose your Personal Information to any of our (i) marketing affiliates that referred you to our site for purposes of sales by us, and (ii) resellers that may re-sell our products or services to you.  We may also disclose your Personal Information to any marketing partners that may participate in the offer or related fulfillment.  Understand that you originated with these marketing affiliates and resellers, and that the information you may provide to them is subject to their privacy policies also.

When We Act as a Marketing Affiliate, Partner or Reseller for Others. We may act as a marketing affiliate, partner, or reseller for certain of our marketing partners for purposes of selling their products or services to you, and we reserve the right to right to disclose your Personal Information to them for purposes of compensation, transaction processing, fulfillment, and support. These marketing partners may also email you regarding complimentary products or services, however, you have two ways to opt out of receiving these emails:  (i) contact us (as provided below under the Contact Us heading) with a request to opt out, or (ii) wait until you receive an email from them and then unsubscribe.

Your California Privacy Rights.  As described above, from time to time, we make your Personal Information available to third parties.  If you do not want us to share your Personal Information with other companies or organizations, you may request opt-out of this information sharing by making a request at the following email address: compliance.officer-at-MembershipPlatform.com.  This notice is designed to comply with California’s “Shine the Light” law, but the opt-out option is available to all of our users. If you are a California resident, you are entitled, but limited to the extent required by law, upon sending us a request by email to compliance.officer-at-MembershipPlatform.com to receive the following information: (i) the names and addresses of all of the third parties that received personal information from us for their direct marketing purposes during the preceding calendar year and, if the nature of that third parties’ business cannot reasonably be determined from the third parties’ name, examples of the products or services marketed, if known to us, sufficient to give you a reasonable indication of the nature of the third parties’ business; and (ii) a list of the categories of information that correspond to the personal information disclosed by us to such third parties for the third parties’ direct marketing purposes as set forth in the applicable law.

Third-Party Advertising Partners.  We reserve the right to share Non-Personal Information with third party advertising partners with which we have relationships.  We will display only contextual ads which will be based solely on the context of this site, and not will not be targeted based on your browsing history on this site or activities on other websites.  These third party ad servers or ad networks may also use cookies to track your activities on this site to measure advertisement effectiveness and other reasons that will be provided in their own privacy policies, and we have no access or control over these cookies that may be used by third party advertisers.  Any information that you provide in the process of registration or purchase will be transferred to these sites.  We have no responsibility or liability for the policies and practices of these sites.  You should review any privacy policies posted on any of these sites before providing information to them.

SPECIFIC INFORMATION ABOUT COOKIES AND WEB BEACONS

In order to provide better service for our site, we may use Cookies and Web Beacons to collect Non-Personal Information to store your preferences and information about what pages you visit and past activity at our site.  We may also employ Web Beacons from third parties in order to help us compile aggregated statistics regarding the effectiveness of our promotional campaigns or other operations of our site.

“Cookies” are tiny pieces of information stored by your browser on your computer’s hard drive.  Cookies are also used to customize content based on your browser.   Most browsers are initially set to accept cookies.   If you want to disable cookies, there is a simple procedure in most browsers that allows you to turn off cookies.   Please remember, however, that cookies may be required to allow you to use certain features of our site.  We reserve the right to use third party web analytics services that use third party cookies (cookies passed by them, not by us) to collect Non-Personal Information about your use of this site.  These web analytics services may also transfer this information to third parties where required to do so by law, or where such third parties process the information on the service’s behalf.

Web Beacons – sometimes called single-pixel gifs or clear gifs – are used to assist in delivering cookies, and they allow us to count users who have visited pages of our site. We may include Web Beacons in promotional e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

DO NOT TRACK REQUESTS

Some Web browsers incorporate a “Do Not Track” feature that signals to websites that you visit that you do not want to have your online activity tracked. Each browser communicates “Do Not Track” signals to websites differently, making it unworkable to honor each and every request correctly.  In order to alleviate any communication error between browsers and website, we do not respond to “Do Not Track” signals at this time. As the technology and communication between browser and website improves, we will reevaluate the ability to honor “Do Not Track” signals and may make changes to our policy.

DATA SECURITY

We will implement reasonable and appropriate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion.  Unfortunately, no data transmission over the Internet or method of data storage can be guaranteed 100% secure.  Therefore, while we strive to protect your Personal Information by following generally accepted industry standards, we cannot ensure or warrant the absolute security of any information you transmit to us or archive at this site.

When you transmit Personal Information through our registration process or if you purchase products or services, we encrypt that information in transit using secure socket layer technology (SSL).

After the secure transfer of your Personal Information, the information is maintained and stored with 128-bit encryption.

ONWARD TRANSFER OUTSIDE YOUR COUNTRY OF RESIDENCE

Any Personal Information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities.  By using this site, you consent to any such transfer of Personal Information outside your country of residence to any such location.

UPDATING PERSONAL INFORMATION

Upon request, we will permit you to request or make changes or updates to your Personal Information for legitimate purposes.  We request identification prior to approving such requests.  We reserve the right to decline any requests that are unreasonably repetitive or systematic, require unreasonable time or effort of our technical or administrative personnel, or undermine the privacy rights of others.  We reserve the right to permit you to access your Personal Information in any account you establish with this site for purposes of making your own changes or updates, and in such case, instructions for making such changes or updates will be provided where necessary.

EMAIL MESSAGES; OPT-OUT

If you supply us with your e-mail address you may receive periodic messages from us with information specific to the site and required for the normal functioning of the site as well as for new products or services or upcoming events or offers from us.  If you prefer not to receive these periodic email messages, you may opt-out by following the instructions in the email.

LINKS TO OTHER SITES

This site may contain links to other websites with whom we have a business relationship.  These links may include online advertisements that we deem to be appropriate.  If you do click on any of the links to their websites or accept any of their promotional offers, your click-through information and any information that you provide in the process of registration or purchase will be transferred to these sites.  We have no responsibility or liability for the policies and practices of these sites.  You should be careful to review any privacy policies posted on any of these sites before providing information to them.

CHILDREN’S ONLINE POLICY

We are committed to preserving online privacy for all of its website visitors, including children. This site is a general audience site.  Consistent with the Children’s Online Privacy Protection Act (COPPA), we will not knowingly collect any information from, or sell to, children under the age of 13.  If you are a parent or guardian who has discovered that your child under the age of 13 has submitted his or her personally identifiable information without your permission or consent, we will remove the information from our active list, at your request. To request the removal of your child’s information, please contact our site as provided below under “Contact Us”, and be sure to include in your message the same login information that your child submitted.

CONTACT US

If you have any questions regarding this Privacy Policy, please contact the owner and operator of this website business at:

SAG Enterprises

Attn: Privacy Policy Officer

109 W. 17th St,

Cheyenne, WY, 82001

Email:  compliance.officer-at-MembershipPlatform.com

Telephone: 307-459-1092

Material Modifications Since March 21, 2014:  none.

 

 

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MEMBERSHIP BILLING AND CANCELLATION TERMS ACKNOWLEDGEMENT

*  After ___________, we will charge your account monthly @ $___  per month.

*  You may cancel by emailing ______________.com with Membership Cancellation in the subject line.

*  We recommend that you save, copy or print this acknowledgement for future reference.

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Cal. SB 340 requires you to provide to provide (i) a conspicuous display of the plan terms, (ii) express consent (i.e. clicking an I AGREE button), (iii) an acknowledgment of renewal terms, cancellation policy, and how to cancel, and (iv) a conspicuous notice of material changes and how to cancel.   ***/

Email Subject:  Purchase Receipt From membershipplatform.com

1. Thank You From:  SAG Enterprises at membershipplatform.com

2. Description:

3. Order No.:

4. Total Charges:

5. Questions:  If you have any questions regarding your account or our billing plan, please contact us:

SAG Enterprises
109 W. 17th St
Cheyenne, WY, 82001
Email:  billing at membershipplatform.com
Telephone:  307-459-1092

Cal. SB 340 requires you to provide to provide (i) a conspicuous display of the plan terms, (ii) express consent (i.e. clicking an I AGREE button), (iii) an acknowledgment of renewal terms, cancellation policy, and how to cancel, and (iv) a conspicuous notice of material changes and how to cancel. ***/

PLEASE READ THESE TERMS OF USE CAREFULLY.

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use.

TERMS OF USE

Effective Date: March 21, 2014

To review material modifications and their effective dates scroll to the bottom of the page.

1. Parties.  The parties to these Terms of Use are you, and the owner of this membershipplatform.com website business, SAG Enterprises (“SAG Enterprises”).  All references to “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business and SAG Enterprises.

2. Use And Restrictions.  Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.  You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device.  All rights not expressly granted in this Agreement are reserved by us and our licensors.

3. Modification.  We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page.  You should scroll to the bottom of this page periodically to review material modifications and their effective dates.  YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.

4. Monitoring.  We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site’s home page.

5. Separate Agreements.  You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.

6. Ownership.  The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this site is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.

7. Warranty Disclaimers.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability.   IN NO EVENT SHALL THIS SITE AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THIS SITE OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Links to This Site.  We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.

10. Links to Third Party Websites.  We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites’ terms of use and privacy policy.

11. Participation In Promotions of Advertisers.  You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site.  Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.

12. Consumer Rights Information; California Civil Code Section 1789.3.  If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site.  We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3.  All correspondence should be addressed to our agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry:

SAG Enterprises
109 W. 17th St
Cheyenne, WY, 82001
Contact: compliance.officer-at-membershipplatform.com
Telephone:307-459- 1092

You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

13. Arbitration.  Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Cheyenne, WY USA, and may be conducted by telephone or online.  The arbitrator shall apply the laws of the State of Wyoming, USA to all issues in dispute.  The 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 findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1.00.

14. Jurisdiction And Venue.  The courts of Laramie County in the State of Wyoming, USA and the nearest U.S. District Court in the State of Wyoming shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

15. Controlling Law.  This Agreement shall be construed under the laws of the State of Wyoming, USA, excluding rules regarding conflicts of law.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

16. Onward Transfer of Personal Information Outside Your Country of Residence.  Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities.  You consent to any such transfer of personal information outside your country of residence to any such location.

17. Severability.   If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

18. Force Majeure.  We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

19. Privacy.  Please review this site’s Privacy Policy which also governs your visit to this site.  Our Privacy Policy is always accessible on our site’s home page.

 

Material Modifications Since March 21, 2014:  none.

SAG ENTERPRISES (“SAG ENTERPRISES”) IS WILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT.  PLEASE READ THE TERMS CAREFULLY.  BY CLICKING ON “I ACCEPT”, YOU WILL INDICATE YOUR AGREEMENT WITH THEM.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN SAG ENTERPRISES IS UNWILLING TO GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.

MEMBERSHIP AGREEMENT

Effective Date: March 21, 2014

To review material modifications and their effective dates scroll to the bottom of the page.

1. Parties.  The parties to this legal Agreement are you, and the owner of this membershipplatform.com website business, SAG Enterprises.  If you are not acting on behalf of yourself as an individual, then “you”, “your”, and “yourself” means your company or organization or the person you are representing.  All references to “we”, “us”, “our”, “this website” or “this site” shall be construed to mean this membershipplatform.com website business and SAG Enterprises.

2. Agreement.  The legal Agreement between you and SAG Enterprises consists of this MEMBERSHIP AGREEMENT, plus our Terms of Use and Privacy Policy which are incorporated herein and accessible on this site?s home page.  If there is any conflict between this MEMBERSHIP AGREEMENT and the Terms of Use, this MEMBERSHIP AGREEMENT shall take precedence.

3. Modification of Agreement.  We reserve the right to modify this Agreement at any time by posting an amended Agreement that is always accessible through a link on this site’s home page and/or by giving you prior notice of a modification.  You should check this Agreement periodically for modifications by scrolling to the bottom of this page for a listing of material modifications and their effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.

4. Membership Eligibility.  Memberships are not available to minors under the age of 18 years of age and any user that has been suspended or removed from the system.

5. Membership Services.  Membership services include access to Membership Platform for memebership and continuity creation described on this site (“Services”). We reserve the right to update and modify the Services from time to time.

6. Membership Use and Restrictions.  Subject to the terms and conditions of this Agreement, our Terms of Use, and our Privacy Policy, you may access and use this site’s Services, but only for your own internal purposes.  All rights not expressly granted in this Agreement are reserved by us and our licensors.

6.1 You will be granted authorized login protocols for the Services, and you agree not to use the Services in excess of your authorized login protocols.  You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site.

6.2 You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon the site, its Services or content;(iii) “frame” or “mirror” any site, its Services or content on any other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the Services or their enabling software for any purpose.

6.3 You are not authorized to use our Services or servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable. The designation of any such materials is entirely at our sole discretion.

7. Ownership. The material provided on this site and via our Services is protected by law, including, but not limited to, United States copyright law and international treaties.  The copyrights and other intellectual property rights in this material are owned by us and/or others.  Except for the limited rights granted herein, all other rights are reserved.

8. Membership Term.  The term of your membership shall be specified during the registration process.  After the expiration of this term, you may purchase another membership in accordance with the terms and conditions posted at this site.

9. Termination.  You agree that we may terminate your account and access to the Services for cause without prior notice, upon the occurrence of any one of the following: (i) any material breach of this Agreement, including without limitation any failure to pay fees as they become due or any unauthorized use of the site or Services, or (ii) requests by law enforcement or other government agencies.  Termination of your account includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all related information.  Further, you agree that all terminations shall be made in our sole discretion, and that we will not be liable to you or any third-party for any termination of your account or access to Services.  If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not to refund any prepaid fees or other amounts to you.

10. Your Account-Related Responsibilities.  You are responsible for maintaining the confidentiality of your login ID, password, and any additional information that we may provide regarding accessing your account. If you knowingly share your login ID and password with another person who is not authorized to use the Services, this Agreement is subject to termination for cause.  You agree to immediately notify us of any unauthorized use of your login ID, password, or account or any other breach of security.

11. Membership Fees; Periodic Payment; ROSCA Disclosures.
11.1 You agree to pay membership fees as specified in the registration process.  Payment of membership fees may be by credit card online at this site, or by any other method approved by us.  Fees are non-refundable, unless expressly provided otherwise on this site.  If for any reason we are unable to charge your credit card with the full amount of the fees, or if we are charged back for any fee previously charged to your credit card, you agree that we may pursue all available remedies to pursue payment, including without limitation, suspension or termination of your account and rights to all Services from this site.

11.2 In accordance with the Restore Online Shoppers Confidence Act (ROSCA), you hereby authorize SAG Enterprises to charge the credit card used in the registration process, as follows:  charges will be monthly, for the dollar amount, and for the billing periods that are specified in the registration process.  If the credit card authorization fails, we will request updated credit card information.  However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.

11.3 We will email you a notice after each payment that will also provide you with a simple mechanism for canceling all future payments.

12. Money-Back Guarantee For Services.  We offer a thirty (30) day money-back guarantee.  If You are not satisfied with this site’s services, you will receive a complete refund if you notify us within thirty (30) days of your registration requesting a refund under this guarantee.

13. Technical Support.  We shall answer questions by email and helpdesk during our normal business hours regarding the use of the Services.

14. Warranty Disclaimers.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENTS SIGNED BY THE PARTIES, THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED “AS-IS”, AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT.  EXCEPT AS MAY BE PROVIDED IN ANY SEPARATE WRITTEN AGREEMENT SIGNED BY THE PARTIES OR SEPARATE AGREEMENT ORIGINATING FROM THIS SITE, THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.  THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR 100% SECURE.  THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT.  NO PURCHASE OR USE OF THE ITEMS OFFERED BY THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS.  IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW.  SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Limitation of Liability.  IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.  IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND/OR UNAUTHORIZED ACCESS OR ACQUISITION OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY’S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16. Confidential Information.  You agree that all non-public information that we provide regarding the Services, including without limitation, our pricing, marketing methodology, and business processes, is our proprietary confidential information.  You agree to use this confidential information only for purposes of exercising your rights as our affiliate while in strict compliance with this Agreement, and you further agree not to use or disclose this confidential information for a period of three (3) years after termination of this Agreement.

17. Onward Transfer of Personal Information Outside Your Country of Residence.  Any personal information which we may collect on this site may be stored and processed in our servers located in the United States or in any other country in which we, or our affiliates, subsidiaries, or agents maintain facilities.  You consent to any such transfer of personal information outside your country of residence to any such location.

18. Export Control.  This site provides Services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site and Services shall not be used in, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

19. Registration Data.  Registration is required for you to establish an account at this site.  You agree (i) to provide certain current, complete, and accurate information about you as prompted to do so by our online registration form (“Registration Data”), and (ii) to maintain and update such Registration Data as required to keep such information current, complete and accurate.  You warrant that your Registration Data is and will continue to be accurate and current, and that you are authorized to provide such Registration Data.  You authorize us to verify your Registration Data at any time.  If any Registration Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole discretion, to suspend or terminate rights to use your account.  Solely to enable us to use information you supply us internally, so that we are not violating any rights you might have in that information, you grant to us a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by our computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by us in each case by any method or means or in any medium whether now known or hereafter devised.

20. Monitoring.  We reserve the right to monitor your access and use of this website without notification to you.  We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site?s home page.

21. Security.  You shall be solely responsible for acquiring and maintaining technology and procedures for maintaining the security of your link to the Internet.  We shall implement reasonable and adequate security procedures consistent with prevailing industry standards to protect data from unauthorized access by physical and electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing obligations, you agree that we shall not, under any circumstances, be held responsible or liable for situations (i) where data or transmissions are accessed by third parties through illegal or illicit means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps, weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any breach of security that permitted such unauthorized access. In the event notification to persons included in your data is required, you shall be solely responsible for any and all such notifications at your expense.

22. Notices.  We may give notice to you by means of (i) a general notice in your account information, (ii) by electronic mail to your e-mail address on record in your Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your address on record in your Registration Data.  Such notice shall be deemed to have been given upon the expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email).  You may give notice to us (such notice shall be deemed given when received by us) at any time by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to us as follows: SAG Enterprises, 109 W. 17th St, , Cheyenne, WY 82001, in either case, addressed to the attention of “President of the Company”.  Notices will not be effective unless sent in accordance with the above requirements.

23. Arbitration.  Except for actions to protect intellectual property rights and to enforce an arbitrator?s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect.  There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.  The arbitration shall take place in Cheyenne, WY USA, and may be conducted by telephone or online.  The arbitrator shall apply the laws of State of Wyoming, USA to all issues in dispute.  The 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 findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.  Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1.00.

24. Jurisdiction and Venue; Applicable Law.  The courts of Laramie County in the State of Wyoming, USA and the nearest U.S. District Court in the State of Wyoming shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under this Agreement.  The laws of State of Wyoming, USA shall apply to all issues in dispute, excluding its rules regarding conflicts of law.

25. Severability.   If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable.  In any event, the unenforceability or invalidity of any provision shall not affect any other provision of this Agreement, and this Agreement shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.

26. Force Majeure.  We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

27. Survival.  Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.

28. U.S. Government End-Users.  We provide the Web Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Web Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data ? Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation).  If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement.  Unpublished-rights reserved under the copyright laws of the United States.

29. Miscellaneous.  This Agreement, our Terms of Use, and our Privacy Policy (collectively the “Website Terms and Conditions”) constitute the entire understanding of the parties with respect to this site and merges all prior communications, representations, and agreements.  The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  This license is written in English, and English is its controlling language.  If you are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); and  (ii) you are responsible for complying with any local laws in your jurisdiction which might impact your right to import, export or use this site, and you represent that you have complied with any regulations or registration procedures required by applicable law to make this agreement enforceable.

 

Material Modifications Since March 21, 2014:  none.

 

 

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