SIFT reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the SIFT Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the SIFT Service after any such changes shall constitute your consent and agreement to such changes. You can review the most current version of the Terms here at any time.
Violation of any of the terms below will result in the termination of your Account. While SIFT prohibits certain conduct and content in the SIFT Service as described in the Terms, you understand and agree that SIFT cannot be responsible for such conduct and content of other users in connection with the SIFT Service and you may be exposed to conduct and content that you may find offensive. You agree to use the SIFT Service at your own risk.
- You must be 18 years or older to use the SIFT Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. SIFT cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately of any breach in secrecy of your log-in information.
- You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accounts under your account).
- You may not use the SIFT Service for any illegal or unauthorized purpose. You must not, in the use of the SIFT Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- If you are using the SIFT Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you (a) are an authorized representative of that Organization; (b) have the authority to bind that Organization to these Terms; (c) agree to be bound by these Terms on behalf of that Organization; and (d) hereby grant to SIFT the right to list your Organization name and logo as a customer in media, including our website, print, direct mail, events, presentations/speech and articles, without charge, on a worldwide basis for as long as you are a customer. You may choose to not have SIFT list your Organization or logo by sending an email to email@example.com requesting that your Organization opt out.
- You agree to receive email from us at the email address you provided to us for customer service-related purposes.
- By using the SIFT Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the SIFT Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the SIFT Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at firstname.lastname@example.org.
- The contents of the SIFT Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “SIFT Content”). All SIFT Content and the compilation (meaning the collection, arrangement, and assembly) of all SIFT Content are the property of SIFT or its licensors and are protected under copyright, trademark, and other laws.
- We authorize you, subject to these Terms, to access and use the SIFT Service and the SIFT Content solely for the personal, non-commercial use of the SIFT Service, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the SIFT Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original SIFT Content on any copy you make of the SIFT Content.
Your User Content
- The SIFT Service may provide you with the ability to create, post, or share content (“Your User Content”). SIFT claims no ownership or control over Your User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the SIFT Service. You are responsible for protecting those rights.
- You represent and warrant that: (a) Your User Content is either owned by you or that you otherwise have the right to grant the license set forth in these Terms, (b) Your User Content, and its posting, sharing, or use on or through the SIFT Service, does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, (c) Your User Content, and its posting, sharing, or use on or through the SIFT Service does not breach any contract between you and any third party, and (d) Your User Content, and its posting, sharing, or use on or through the SIFT Service, does not violate any applicable law, rule, or regulation. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the SIFT Service.
- SIFT does not guarantee any confidentiality with respect to Your User Content, whether or not they are published or distributed. We urge you to carefully consider what you post or share through the SIFT Service, as another user could use such content in a negative way.
- You are solely responsible for Your User Content on the SIFT Service. SIFT does not endorse any, nor is it responsible for, any of the content on or published, provided, or shares through, the SIFT Service. You assume all risks associated with Your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, Your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the SIFT Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“creative ideas”), we shall:
- own, exclusively, all now known or later discovered rights to the creative ideas;
- not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Other User Content
- We do not represent or guarantee the truthfulness, accuracy, or reliability of any information or other content, materials delivered, posted, shares, or otherwise provided on or through the SIFT Service by other users or service providers (“User Content”). You accept that any reliance on User Content will be at your own risk. By using the SIFT Service you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
- You understand and agree that you will not obtain, as a result of your use of the SIFT Service, any right, title, or interest in or to any User Content or in any intellectual property rights (including, without limitation, any copyrights, patents, trademarks, trade secrets, or other rights) in any such User Content.
- You agree not to use any User Content without first obtaining the permission of the owner of the intellectual property rights in such User Content.
- You agree not to use any User Content in violation of any applicable law, rule, or regulation.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the SIFT Service infringe your copyright, you (or your agent) may send SIFT a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the SIFT Service are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SIFT to locate the material on the SIFT Service;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SIFT a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the SIFT Service should be sent to Sift Co., 2800 Woodlawn Dr., #197, Honolulu, HI 96822 (email@example.com). Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
You agree to use the SIFT Service only for its intended purpose. You must use the SIFT Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the SIFT Service are prohibited. You may not:
- attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the SIFT Service, user accounts, or the technology and equipment supporting the SIFT Service;
- frame or link to the SIFT Service without permission;
- use data mining, robots, or other data gathering devices on or through the SIFT Service, unless specifically allowed by these Terms;
- post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- harass, stalk, abuse, or post irrelevant or objectionable material;
- sell, transfer, or assign any of your rights to use the SIFT Service to a third party without our express written consent;
- post advertising, marketing, or spam links or content, except as specifically allowed by these Terms (posting the same note more than once can be considered “spam” or “spamming”);
- use the SIFT Service in an illegal way or to commit an illegal act in relation to the SIFT Service or that otherwise results in fines, penalties, and other liability to SIFT or others; or
- access the SIFT Service from a jurisdiction where it is illegal or unauthorized.
Payment, Refunds, Upgrading and Downgrading Terms
- SIFT may charge fees for the use of certain products or services, or for the access and use of certain features of our Services. The applicable fees (which may change from time to time) will be posted on our website, at www.MeetingSift.com. We will charge the payment method you designate (e.g. credit card) for all purchases.
- Service fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
- If you initially sign up for a free 30 day trial account, and have provided us with your payment (e.g., credit card) information and thereafter do not cancel that account within 30 days, you will be billed monthly starting on the 30th day after your account was initially created. If you cancel prior to the processing of your first invoice on the 30th day, you will not be so charged.
- The SIFT Service is billed in advance on either a monthly basis for monthly subscription accounts, or annual basis for annual subscription accounts, and is non-refundable. There will be no refunds or credits for partial months or years, as applicable, of service, upgrade/downgrade refunds, or refunds for months or annual periods, as applicable, that are unused with an open account.
- For any upgrade or downgrade in plan level, the payment method you provided (e.g., credit card) will automatically be charged the new rate on your next billing cycle.
- Downgrading your Service may cause the loss of content, features, or capacity of your account. SIFT does not accept any liability for such loss.
Modifications to the SIFT Service and Prices
- SIFT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SIFT Service (or any part thereof) with or without notice.
- Prices for use of the SIFT Service, including but not limited to fees for monthly and annual subscription plans to the SIFT Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the MeetingSift Site (MeetingSift.com) or the SIFT Service itself.
- SIFT shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the SIFT Service.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. If you cancel the SIFT Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again. The Account screen provides a simple, no questions asked, cancellation link.
- Once your account is terminated, Your User Content may be deleted from the SIFT Service, and, thereafter, may be unrecoverable.
- We reserve the right to suspend or terminate your account and prevent access to the SIFT Service for any reason, at our discretion. We reserve the right to refuse to provide the SIFT Service to you in the future.
- SIFT may review and remove any User Content at any time for any reason, including for activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the SIFT Service.
- You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the SIFT Service.
No Representations or Warranties; SIFT’s Liability
- We may change, suspend, or discontinue any aspect of the SIFT Service at any time, including hours of operation or availability of the SIFT Service or any feature, without notice or liability.
- We are not responsible for any disputes or disagreements between you and any third party with whom you interact using the SIFT Service. You assume all risk associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release SIFT of all claims, demands, and damages in disputes among users of the SIFT Service. You also agree not to involve us in such disputes. Use caution and common sense when using the SIFT Service.
- We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the SIFT Service. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the SIFT Service. Use the SIFT Service at your own risk.
- The SIFT Service may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
- The SIFT Service may allow you to use third-party content and functionality. You use such content or functionality subject to such third parties’ terms and conditions.
- We make no promises and disclaim all liability of specific results from the use of the SIFT Service. As used in these Terms, the term “Released Parties” includes SIFT and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SIFT SERVICE IS AT YOUR SOLE RISK, AND THE SIFT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SIFT SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (I) THE SIFT SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SIFT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SIFT SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SIFT SERVICE WILL MEET YOUR EXPECTATIONS AND, AND (IV) ANY ERRORS IN THE SIFT SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SIFT SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR PERSONAL INJURY OR DEATH (EVEN IF SIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SIFT SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SIFT SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SIFT SERVICE; (V) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (VI) ANY OTHER MATTER RELATING TO THE SIFT SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SIFT SERVICE OR YOUR USE OF SIFT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any SIFT Content, or (iii) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and SIFT concerning your use of the SIFT Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
Arbitration, Class Waiver, and Waiver of Jury Trial
These Terms and the relationship between you and SIFT shall be governed by the laws of the state of California without regard to its conflict of law provisions. You and SIFT agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the SIFT Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Santa Clara County, California. You covenant not to sue SIFT in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the SIFT Service or these Terms:
- YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
2900 Woodlawn Dr., #197
Honolulu, HI 96822