These TERMS OF SERVICE (this “Agreement”) concern the online or digital properties, products and services described further below; and constitute a legally binding contract between you (together with any person helping you visit, access, register with or use any of those online or digital properties, products or services, “you” or “your”) and Sai Usa  (“Sai Usa Inc”) (with you and Sai Usa Inc sometimes referred to herein each as a “Party” and together as the “Parties”).  The online or digital properties, products and services which are the subject of this Agreement include:

QUESTION:  Does this Agreement correctly describe (where applicable), and does it cover all features and functions of, the Site?  Note that we condensed several provisions or concepts from the existing Terms & Conditions for the Site into more broadly worded provisions to allow Sai Usa Inc more flexibility in certain situations.  Note also that we did not include several provisions or concepts from the existing Terms & Conditions for the Site because they did not seem to track what was actually happening on the Site based on our review.  If you think differently or if you think we have misunderstood how a certain feature or function works, then please let us know immediately so we can make the appropriate revisions to this draft.

  • The Sai Usa Inc website (or us.Sai Usa Inc.com) (together with its respective pages and features, the “Site”); and
  • The associated services offered or provided by Sai Usa Inc on or through the Site (collectively, the “Service(s)”).

Please read this Agreement carefully before accessing or using the Site, or the Services because it constitutes a legally binding contract between you and Sai Usa Inc that applies to the Site, and the Services.  This includes the “Dispute Resolution” clause contained in this Agreement, which provides for binding arbitration and waivers of jury trials and class actions. You are automatically accepting and agreeing to the most-recent version of this Agreement whenever you create, register with or log into an account on or through the Site.  Similarly, you are automatically accepting and agreeing to the most-recent version of this Agreement whenever you visit, access, register with or use the Site, or the Services; and your continuing visit, access, registration with or use of any of the forgoing reaffirms your acceptance and agreement in each instance. If you do not accept and agree to this Agreement in its entirety, then you are strictly prohibited from visiting, accessing, registering with or using the Site, or the Services.

Sai Usa Inc may supplement, amend or otherwise modify this Agreement at any time.  Such modifications will be posted on this or another page of the Site, emailed to the email address associated with your User Account (defined below) or posted to your User Account (defined below), as applicable and as Sai Usa Inc deems appropriate in its sole discretion, and shall be deemed effective as of their stated effective or modification date.  It is your responsibility to carefully review this Agreement and your User Account (defined below) each time you visit, access, register with or use the Site, or the Service.

  • Eligibility The Site, and the Services are offered only to users eighteen (18) years of age or older, or otherwise the age of majority in their respective jurisdictions, and who have accepted this Agreement. By visiting, accessing, registering with or using the Site or , or by purchasing, offering, providing, marketing or using any products or services on r through the Site or (including, without limitation, the Services), you represent and warrant to Sai Usa Inc that you meet these eligibility requirements. You agree to comply with all applicable laws for visiting, accessing, registering with and using the Site and for purchasing, offering, providing, marketing and using any products or services on or through the Site (including, without limitation, the Services), and you may only use them for lawful purposes.
  • Privacy
  • a. Privacy Policy. Sai Usa Inc respects the privacy of others. Sai Usa Inc’s policies concerning the collection and use of your personal information in connection with the Site are set forth in Sai Usa Inc’s Privacy Policy, which you should carefully review each time you visit, access, register with or use the Site, or the Services.
  • b. Express Consent to Privacy Policy. YOU HEREBY EXPRESSLY CONSENT TO SAI USA INC AND ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES COLLECTING AND USING INFORMATION ABOUT YOU (INCLUDING YOUR PERSONAL AND NON-PERSONAL INFORMATION) AS DISCLOSED IN SAI USA INC’S PRIVACY POLICY.
  • c. Express Consent to Video Materials and Services Information. TO THE EXTENT NOT ALREADY COVERED BY SECTION 2(B) ABOVE, YOU HEREBY EXPRESSLY CONSENT TO SAI USA INC’S DISCLOSURE TO ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES AND OTHER THIRD PARTIES OF INFORMATION THAT IDENTIFIES YOU AS HAVING REQUESTED OR OBTAINED SPECIFIC VIDEO MATERIALS OR SERVICES FROM SAI USA INC. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH DISCLOSURE SHALL VIOLATE THE VIDEO PRIVACY PROTECTION ACT OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS.
  • Description of Services. The following further describes the Services. Keep in mind, however, that the following is not an exhaustive description of all of the Services, Sai Usa Inc might only make certain Services available to certain registered users, Consumers (defined below) and/or Providers (defined below). Sai Usa Inc reserves the right, but not the obligation, to change or otherwise alter the operation, features and content of the Services as Sai Usa Inc sees fit in its sole discretion from time-to-time.
  • a. “Consumers” and “Providers” Defined. Certain users of the Site are referred to herein as “Consumer(s)” and “Provider(s).” Consumers are those users (or registered users) of the Site who search for, purchase and/or use any products or services offered by Providers on or through the Site. Providers are those users (or registered users) of the Site  who offer, sell, market and/or provide any products or services to Consumers on or through the Site.
  • b. Services. The Site are technology platforms, which provide users (which may include you) with online or digital marketplaces for the offer, sale, purchase, marketing and provision of various products and services among those users, whether as a Consumer or a Provider. Sai Usa Inc does not itself offer, sell, market or provide, and is not responsible for the offer, sale, marketing or provision of, those various products and services. Rather, Sai Usa Inc merely provides the aforementioned technology platform by way of the Site.

User Account

  • Registration As explained further herein, to secure the right to access and use the registration-only pages or features of the Site, or the Services, as applicable, you must register with and create a personal user account with Sai Usa Inc through the Site, as applicable (“User Account”), as well as reaffirm your acceptance of and agreement to this Agreement and those additional terms, conditions and policies referenced herein, as Sai Usa Inc may require from time-to-time. As part of the registration process, you may be required to satisfy certain conditions precedent imposed by Sai Usa Inc (including, for example, providing additional information to Sai Usa Inc, and entering into additional agreements with Sai Usa Inc). Unless otherwise permitted by Sai Usa Inc in writing, you may only have one (1) non-transferable User Account
  • User Account Activity and Information You are responsible for all activity that occurs under your User Account and prohibited from authorizing or allowing any third party to access or use your User Account. Accordingly, you should take all steps necessary to protect and keep secret your User Account details and access information (including your login name and password). You should also maintain accurate, complete, and up-to-date information in your User Account (including, without limitation, maintaining a valid and current payment method and email address) because your failure to do so may result in your inability to access, use or receive all or any part of the Site,or the Services and/or Sai Usa Inc’s termination of this Agreement. For the sake of security, you must immediately notify Sai Usa Inc if you suspect that a third party has gained access to or is making any use of your User Account without authorization. For the avoidance of doubt, Sai Usa Inc has the unencumbered right to access and use, and to allow its agents, employees, representatives, contractors and vendors to access and use, the information in your User Account to facilitate the exercise and performance of Sai Usa Inc’s rights and obligations under this Agreement, the operation of the Site, the provision and performance of the Services and/or any other rights, obligations, operations and services related to the subject matter of this Agreement (including, without limitation, payments, and communications).
  • Indemnification IF YOU FAIL TO COMPLY WITH ANY TERMS OR CONDITIONS OF SECTION 5(B) ABOVE (WHETHER INTENTIONALLY OR UNINTENTIONALLY), THEN YOU ACCEPT FULL RESPONSIBILITY FOR THE CONSEQUENCES THEREOF (INCLUDING, WITHOUT LIMITATION, ANY UNAUTHORIZED CHARGES AND PAYMENTS, ANY UNAUTHORIZED CHANGES TO YOUR USER ACCOUNT INFORMATION AND SETTINGS AND ANY UNAUTHORIZED ACCESS OR USE OF YOUR USER ACCOUNT); AND YOU AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SAI USA INC AND SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEY FEES) INCURRED BY OR ASSERTED AGAINST ANY SUCH INDEMNITEES, ARISING OUT OF OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH SUCH TERMS OR CONDITIONS.
  • our Devices Certain portions of the Site, or the Services may be configured for, and Sai Usa Inc may offer the Site, or the Services through, certain televisions, computers, tablets, smart phones or other electronic devices (“Device(s)”); and this Agreement shall apply with equal force and measure to your visit, access, registration with and use of the Site, and/or the Services through such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier and network access necessary to properly visit, access, register with and use the Site, and the Services. Sai Usa Inc does not guarantee that the Site, the Services or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier or network. If you visit, access, register with or use the Site,or the Services through a particular Device, then you hereby acknowledge and agree that information about your use of the Site, or the Services through that Device or its carrier or network (such as, by way of example only, the identity of your Device, or your Device’s carrier or network) may be communicated to Sai Usa Inc and/or certain third parties (such as, by way of example only, your Device’s carrier or network). ALL OR ANY PART OF THE VOICE, MESSAGE AND DATA FEES, RATES, CHARGES AND TAXES OF YOUR DEVICE’S CARRIER OR NETWORK, OR ANOTHER THIRD PARTY, MAY APPLY TO YOUR VISIT, ACCESS, REGISTRATION WITH AND/OR USE OF THE SITE,  ND/OR THE SERVICES. SAI USA INC IS NOT RESPONSIBLE FOR, AND YOU FURTHER ACCEPT FULL RESPONSIBILITY FOR, ALL DEVICE CARRIER AND NETWORK FEES, RATES, CHARGES AND TAXES WHICH MAY APPLY, IF ANY.
  • Ownership The Site, the Services and all elements and derivatives of the foregoing (including, without limitation, all content, information, source codes, object codes, data, instructions, documentation and expressions), as well as all copyrights, trademarks, trade secrets and other intellectual properties of the foregoing, are owned, licensed or permissibly used by Sai Usa Inc. In no event shall you have or retain any rights, titles or interests in or to the foregoing other than those limited rights expressly granted to you under this Agreement. No rights or permissions granted to you under this Agreement are coupled with an interest. Nothing contained in this Agreement shall be construed as a waiver or limitation of Sai Usa Inc’s or its licensors’ respective rights and remedies under applicable law

Rights, Permissions and Consents

  • License of the Site Subject to the terms and conditions of this Agreement, Sai Usa Inc grants you a limited, non-exclusive, personal, freely-revocable, non-transferable and non-sub-licensable license to access and view the various publicly displayed pages of the Site, and to view the information and content found thereon. If you have a User Account in good standing, then, subject to any associated payment and registration obligations imposed by or with the prior consent of Sai Usa Inc, said license shall extend to the registration-only pages or features of the Site, or the Services, as applicable. Your unauthorized use of the Site,or the Services, or any breach by you of this Agreement, automatically terminates this license.
  • Warnings; Disclaimers PLEASE NOTE THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USER MATERIALS; THAT THE USER MATERIALS MIGHT BECOME THE SUBJECT OF PUBLIC DISCLOSURE; THAT NEITHER YOU NOR SAI USA INC MIGHT BE ABLE TO WITHDRAW THE USER MATERIALS ONCE SUBMITTED TO OR PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE OR; AND THAT YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USER MATERIALS, INCLUDING ANY THIRD PARTY’S RELIANCE ON YOUR USER MATERIAL’S QUALITY, COMPLETENESS, ACCURACY OR RELIABILITY, AND WITH ANY DISCLOSURE BY YOU OF ANY INFORMATION IN YOUR USER MATERIALS THAT MAKES YOU PERSONALLY IDENTIFIABLE. THUS, SAI USA INC IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR IN CONNECTION WITH, ITS USE OR ANY THIRD PARTY’S USE OF ANY USER MATERIALS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS WELL AS ANY THIRD PARTY’S UNAUTHORIZED USE OF ANY USER MATERIALS.
  • Reservation of Rights Nothing in this Agreement shall restrict or limit Sai Usa Inc’s rights, titles or interests in or to the Site, the User Materials or any elements or derivatives of the foregoing
  • Suspension or Termination of Service Sai Usa Inc has the right, but not the obligation, to suspend or terminate the function or existence of all or any part of the Site, the Services and/or your User Account at any time, and without notice or recourse, as Sai Usa Inc deems advisable in its sole discretion. SAI USA INC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE THAT IS CAUSED BY OR ARISES FROM OR IN CONNECTION WITH ANY SUCH SUSPENSIONS OR TERMINATIONS (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, DISRUPTION IN OR LOSS OF SERVICE OR LOSS OF CONTENT).

Payments

  • Payment Processing Vendor and Charges All credit card, debit card and other monetary transactions on or through the Site occur through an online payment processing application that is provided by a third-party vendor(s). You agree to pay all payment processing fees required by said third-party payment processing vendor(s) (as directly charged by said vendor or passed on by Sai Usa Inc) applicable to each transaction to which you are a party, as may be calculated and deducted by said vendor as an amount derived from the Transaction Fee (defined below). SAI USA INC’S RELATIONSHIP WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S), IF ANY, IS MERELY CONTRACTUAL IN NATURE, AS IT IS NOTHING MORE THAN A THIRD-PARTY VENDOR AND IS IN NO WAY SUBJECT SAI USA INC’S DIRECTION OR CONTROL; THUS, THEIR RELATIONSHIP IS NOT, AND SHOULD NOT BE CONSTRUED AS, ONE OF FIDUCIARIES, FRANCHISORS-FRANCHISEES, AGENTS-PRINCIPALS, EMPLOYERS-EMPLOYEES, PARTNERS, JOINT VENTURERS, CONTRACTORS OR THE LIKE.
  • Payment Authorization IF YOU PROVIDE SAI USA INC WITH YOUR PAYMENT INFORMATION, THEN YOU AUTHORIZE SAI USA INC TO DO THE FOLLOWING AS SAI USA INC DEEMS NECESSARY, ALTHOUGH SAI USA INC HAS NO OBLIGATION TO DO SO: (I) SHARE YOUR PAYMENT OR BANK ACCOUNT INFORMATION WITH ITS THIRD-PARTY PAYMENT PROCESSING VENDOR(S); (II) OBTAIN YOUR UPDATED PAYMENT OR BANK ACCOUNT INFORMATION FROM YOUR PAYMENT ISSUER OR BANK, SAI USA INC’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S) AND/OR APPLICABLE THIRD-PARTY PROVIDERS; AND (III) USE YOUR PAYMENT OR BANK ACCOUNT INFORMATION TO CHARGE OR TRANSACT PAYMENTS OR EXPENSES THAT ACCRUE UNDER YOUR ACCOUNT(S) WITH SAI USA INC (INCLUDING, WITHOUT LIMITATION, YOUR USER ACCOUNT) IN ACCORDANCE WITH THIS AGREEMENT.
  • Payment Obligations You agree that you are responsible for the payment of all amounts that accrue under your account(s) with Sai Usa Inc (including, without limitation, your User Account), Sai Usa Inc’s third-party payment processing vendor(s) and any other third-party providers on, through or in relation to the Site, or the Services. You also agree to be responsible for all payments, fines, penalties and other liabilities incurred by any such person or entity that arises out of or relates to payments that you authorize or accept on, through or in relation to the Site, or the Services, including, without limitation, all fees, penalties, taxes, duties and tariffs; and to be responsible for all expenses (including costs and reasonable outside attorney fees) and interest incurred by any such person or entity to collect any overdue amounts.
  • Waiver of Claims TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST SAI USA INC RELATED TO ANY UNAUTHORIZED PAYMENTS MADE ON, THROUGH OR IN RELATION TO YOUR ACCOUNT(S) WITH SAI USA INC, SAI USA INC’S THIRD-PARTY PAYMENT PROCESSING VENDOR(S), ANY OTHER THIRD-PARTY PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY, REGARDLESS OF WHETHER THEY ARE AUTHORIZED OR UNAUTHORIZED
  • Accurate Payment Information You represent and warrant to Sai Usa Inc that any payment information you provide on or through the Site is current, complete and accurate; and that you will promptly notify Sai Usa Inc if your payment information has changed (such as a change in address or expiration date), if your payment method has been cancelled, or if you become aware of a breach of security.
  • No Refunds All sales and payments made on, through or in relation to the Site, or the Services are final, irrevocable and not subject to or eligible for refund or return, in whole or in part, unless otherwise expressly stated in this Agreement.
  • Refusal of Products and Services Sai Usa Inc has the right, but not the obligation, to refuse any and all of its products and services to you (including, without limitation, the Services) if it suspects that you are in any way involved in fraudulent or illegal activity (including, without limitation, the use of stolen credit cards). Sai Usa Inc may contact your payment method issuer, law enforcement or others and share information relating to your payments if Sai Usa Inc believes doing so will prevent a violation of the law or financial loss.
  • Promotional Free Trials and Discounts Sai Usa Inc reserves the right, but not the obligation, to afford you from time-to-time as Sai Usa Inc sees fit a promotional free trial period(s) or discount(s) for accessing and using the registration-only pages and features of the Site, and/or the Services. However, upon the expiration of any such promotional free trial period or discount, you must further agree to the terms and conditions of this Agreement and pay the applicable amounts in order to receive the continued right to access and use the registration-only pages and features of the Site, and/or the Services, as applicable.
  • Currency Unless otherwise stated, all payment amounts are quoted in United States dollars

Terms Specific to Consumers The following terms and conditions apply to you to the extent you are a Consumer.

  • Fees and Other Charges You understand and acknowledge that you will be assessed and charged a fee(s) or other expense(es) by the applicable Provider every time that you order, request or otherwise purchase a product or service from that Provider on or through the Site, together with any applicable incidentals related to the foregoing (e.g., property damage), transactional charges related to the foregoing (e.g., processing fees), delivery charges related to the foregoing (e.g., packing, shipping, insurance), and taxes, duties and tariffs which may apply (e.g., sales taxes, occupancy taxes) (collectively, “Provider Fee(s)).” In addition, you understand and acknowledge that, in connection with each of your transactions on or through the Site, and depending on the type of transaction, you might be assessed and charged a fee and/or expense by and payable to Sai Usa Inc (e.g., a commission, a booking fee, cancellation fee, a payment processing fee) (collectively, “Sai Usa Inc Fee(s)”). You agree that you are responsible for the payment of all Provider Fees, Sai Usa Inc Fees and other amounts that accrue under your User Account and other account(s), if any, with Sai Usa Inc or a Provider in relation to the foregoing.
  • Ratings
  • Rating Process From time to time, you might be afforded an opportunity through the Site to rate your experience with a particular Provider; and, likewise, that Provider may be afforded the opportunity through the Site to rate his/her/its experience with you. All of your ratings should be honest, truthful and accurate. You understand and acknowledge that no such ratings are influenced or controlled by Sai Usa Inc, and that such ratings are the opinions of the person giving them and not Sai Usa Inc.
  • Distributed Ratings Sai Usa Inc shall have the right, but not the obligation, to use, share, display and otherwise publish all or any part of your ratings of any Provider and/or all or any part of any Provider’s ratings of you, whether in original or modified form, in any language, for any commercial or non-commercial purposes, and in any manner, medium, or form, whether now known or hereinafter devised, as Sai Usa Inc may choose, and Sai Usa Inc may do so without attribution to you, without your approval and without any obligation to verify, edit or remove the same.
  • No Control or Assurances Sai Usa Inc does not control, and does not assure you or any other users of the Site  about, the qualifications, skills, abilities, authorizations, qualifications, skills, abilities, authorizations, licenses, certifications, reliability or safety of any other Consumers, any Providers, the respective businesses, products or services of any such Providers, or otherwise.
  • Cancellations; Returns; Refunds You may elect to cancel a particular reservation or booking that you have made with a Provider, to return any products purchased from a Provider, to or request a refund for any products or services purchased from a Provider subject to that Provider’s applicable terms and conditions governing those subjects, if any. Sai Usa Inc reserves the right to assess or charge you any Sai Usa Inc Fee which may be applicable to any such cancellation, return or refund.
  • Communication Policy Subject to the terms and conditions of this Agreement, you may communicate directly with a Provider as necessary to initiate and facilitate the completion of any transaction with a Provider on or through the Site. It is not appropriate for you to send any other user any communication on, through or in relation to the Site concerning any subjects besides the foregoing as indicated.

Electronic Communications

  • Express Consent YOU HEREBY EXPRESSLY CONSENT TO SAI USA INC AND ITS PARENT, SUBSIDIARY AND AFFILIATED COMPANIES SENDING YOU ANY TYPE OF ELECTRONIC MESSAGE (INCLUDING, WITHOUT LIMITATION, ADVERTISING, TELEMARKETING, OR OTHER COMMERCIAL E-MAILS AND TEXT MESSAGES, INFORMATIONAL E-MAILS OR TEXT MESSAGES, AND ELECTRONIC NOTICES, UPDATES, AND NEWSLETTERS), WHETHER THROUGH THE SITE, OR YOUR USER ACCOUNT, OR BY PERSONAL COMMUNICATION, E-MAIL, TEXT MESSAGE, AUTOMATIC TELEPHONE DIALING SYSTEM, OR ARTIFICIAL OR PRERECORDED VOICE, ONLINE SOCIAL MEDIA OR ANY OTHER ELECTRONIC MEDIA MEANS OR FORMS. BY GIVING SUCH CONSENT, YOU AGREE THAT NO SUCH COMMUNICATION SHALL VIOLATE THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT, OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS. VOICE, MESSAGE, AND DATA FEES, RATES, CHARGES AND/OR TAXES MAY APPLY TO YOU, AND YOU ARE RESPONSIBLE FOR PAYMENT OF THE SAME. YOU ARE NOT REQUIRED TO GRANT THE FOREGOING CONSENT AS A CONDITION FOR PURCHASE OR LICENSE OF ANY OTHER SAI USA INC PRODUCTS OR SERVICES.
  • Opt-Out You may opt-out of receiving any electronic messages from Sai Usa Inc as described in section 14(a) above any time by any reasonable means, including, without limitation and by way of example, by sending an e-mail to us at  Saiusa925@gmail.com with a subject line of “Opt-Out of Electronic Communications.” You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, your User Account, Sai Usa Inc’s products or services (including, without limitation, the Services) and/or your ability to receive certain messages and/or notifications from Sai Usa Inc.
  • Indemnification YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SAI USA INC AND SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, TRANSFEREES, TRUSTEES, INSURERS, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR COMMUNICATIONS WITH ANY OTHER USERS OF THE SITE , AND/OR (II) YOUR FAILURE TO COMPLY WITH THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT AND ALL OTHER APPLICABLE LAWS, RULES OR REGULATIONS.
  • Disclaimer About Communications SAI USA INC IS MERELY A TECHNOLOGY SERVICES PROVIDER THAT OFFERS TECHNOLOGY PLATFORMS OR MARKETPLACES FOR USE BY OTHERS BY WAY OF THE SITE SUCH THAT SAI USA INC DOES NOT INITIATE OR CONTROL ANY COMMUNICATIONS MADE FROM ONE USER OF THE SITE TO ANOTHER. ACCORDINGLY, SAI USA INC EXPRESSLY DISCLAIMS AND IS NOT RESPONSIBLE FOR THE COMMUNICATIONS OF ANY USER OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENTS OF THOSE COMMUNICATIONS, THE MEANS OR MEDIUMS BY WHICH THOSE COMMUNICATIONS ARE MADE, OR THE COMPLIANCE OF THOSE COMMUNICATIONS WITH THE TELEPHONE CONSUMER PROTECTION ACT, THE CAN-SPAM ACT OR ANY OTHER APPLICABLE LAWS, RULES OR REGULATIONS.

Prohibited Activities You shall not engage in any of the following activities at any time with respect to the Site, or the Services: (a) the impersonation of any person or entity; (b) any act that infringes or otherwise violates the intellectual property, privacy or publicity rights of any person or entity (including, without limitation, the copyrights, trademarks, patents, and trade secrets held by Sai Usa Inc its licensors with respect to the Site, or the Services); (c) the reproduction of the Site,or the Services or any communications, information or content found thereon or therein, in whole or in part, or the creation of any derivatives works of the foregoing (unless expressly authorized by Sai Usa Inc herein); (d) the publication of any content that is objectionable or illegal (including, without limitation, content that is indecent, obscene, infringing, an invasion of privacy, defamatory, disparaging, false, deceptive, misleading, untruthful, fraudulent, threatening or abusive); (e) the publication of a person’s or entity’s personal information or private facts without his/her/its prior written consent; (f) the publication of any machine, computer or randomly generated content; (g) supplying or publishing any information or statements on, through or in relation to the Site that is false, misleading, deceptive or incorrect; (h) any act intended or designed to drive traffic to or boost the search rankings of third-party websites, networks, platforms, servers or applications; (i) the systematic retrieval or copying of any information or content found on, through or in relation to the Site, the Services or their servers to directly or indirectly create or compile, in whole or in part, a collection, compilation, database or directory; (j) the use of any software, program, process, device, application or routine (including, by way of example only, robots, scrapers, spiders, viruses, spyware and malware) to monitor, copy, disrupt, damage, injure, interfere with or impermissibly access, in whole or in part, the Site, the Services or their servers; (k) any act that involves or concerns decrypting, security bypassing or circumventing, hacking, data mining, data scraping, data harvesting, reverse engineering, decompiling, disassembling, attempting to derive source code, modifying, copying or the like on, through or in relation to the Site, the Services or their servers; (l) any act that overloads, unreasonably disrupts, or unreasonably interferes with the infrastructure of the Site, the Services or their servers; (m) any act that gains or attempt to gain unauthorized access to computer systems, networks, information or materials on, through or in relation to the Site, the Services or their servers; or (n) any other act that Sai Usa Inc becomes aware of and believes in good faith is improper, illegal or harmful to the Site, their servers or any person, entity or property.

Disclaimers and Limitations

General Disclaimer YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE SITE,AND/OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE) IN ANY WAY IS DONE AT YOUR OWN RISK. THE SITE, THOSE PRODUCTS AND SERVICES, THE SUCCESS OR PERFORMANCE OF THE SITE, OR THOSE PRODUCTS AND SERVICES AND ALL INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OFFERED, MARKETED, SOLD, PROVIDED, LICENSED OR MADE AVAILABLE ON, THROUGH OR IN RELATION TO THE SITE, OR THOSE PRODUCTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. SAI USA INC DOES NOT MAKE, NOR HAS SAI USA INC MADE, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE (WHETHER DIRECT OR INDIRECT, ORAL OR WRITTEN OR EXPRESS OR IMPLIED) TO YOU WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT AND FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY. SAI USA INC EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD FAITH AND FAIR DEALING, TITLE, NON-INFRINGEMENT, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY AND SAFETY) AND WARRANTIES ARISING FROM CONDUCT, COURSE OF DEALING, CUSTOM AND USAGE IN TRADE WITH RESPECT TO THE SITE, THOSE PRODUCTS AND SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES AND THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY AND SAFETY. SAI USA INC DOES NOT MAKE, NOR HAS SAI USA INC MADE, ANY AFFIRMATION OF FACT, PROMISE OR WARRANTY (EXPRESS, IMPLIED OR OTHERWISE) RELATING TO THE SITE, THE SERVICES, ANY SUCH INFORMATION, COMMUNICATIONS, CONTENT OR FEATURES OR THEIR SUCCESS, PERFORMANCE, FUNCTIONALITY, QUALITY, COMPLETENESS, ACCURACY, RELIABILITY, MARKETABILITY OR SAFETY THAT EXTENDS BEYOND THE FACE OF THIS AGREEMENT OR THAT HAS BECOME ANY BASIS OF ANY BARGAIN

  • Disclaimer About System Delays YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SITE, AND/OR THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THIRD-PARTY COMMUNICATION NETWORKS AND FACILITIES THAT ARE OUTSIDE OF SAI USA INC’S CONTROL. ACCORDINGLY, SAI USA INC SHALL NOT BE RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS, ANY DELAYS, FAILURES, LOSSES, INJURIES, LIABILITIES OR DAMAGES ASSOCIATED WITH THE SITE, AND/OR THE SERVICES WHICH RESULT FROM ANY SYSTEM DELAYS, DOWNTIMES, INTERRUPTIONS OR OTHER FAILURES OF OR PROBLEMS WITH THE SITE, AND/OR THE SERVICES WHICH ARE OUTSIDE OF SAI USA INC’S CONTROL (INCLUDING, WITHOUT LIMITATION, SCHEDULED MAINTENANCE OR NETWORK FAILURE).
  • Disclaimer About Certain Information, Communications and Content ANY OPINIONS, ADVICE, REVIEWS, STATEMENTS, OFFERS OR OTHER INFORMATION, COMMUNICATIONS OR CONTENT FOUND ON, THROUGH OR IN RELATION TO SAI USA INC, THE SITE, THE SERVICES, ANY CONSUMERS, PROVIDERS OR OTHER USERS OF THE SITE OR ANY ACTS, ERRORS OR OMISSIONS OF ANY SUCH USERS OR ANY OTHER PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, ADVERTISEMENTS, RATINGS, REVIEWS, COMMENTS AND POSTINGS) ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND NOT NECESSARILY THOSE OF SAI USA INC; THUS, THEY SHOULD NOT NECESSARILY BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION, COMMUNICATIONS OR CONTENT. SAI USA INC DOES NOT GUARANTEE, ADOPT OR ENDORSE THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT, EVEN IF SAI USA INC IS THE AUTHOR. SAI USA INC IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT. UNDER NO CIRCUMSTANCES SHALL SAI USA INC BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM OR IN CONNECTION WITH YOUR RELIANCE ON ANY SUCH INFORMATION, COMMUNICATIONS OR CONTENT.
  • Limitation of Liability IN NO EVENT SHALL SAI USA INC OR ANY OF SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES BE HELD LIABLE TO (OR BE OBLIGATED TO INDEMNIFY) YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS, ATTORNEY FEES, LOST PROFITS, REPLACEMENT COSTS OR REPAIR COSTS) CAUSED BY OR ARISING FROM OR IN CONNECTION WITH: (I) YOUR VISIT, ACCESS, REGISTRATION WITH OR USE OF THE SITE,OR THE SERVICES, OR YOUR INABILITY TO VISIT, ACCESS, REGISTER WITH OR USE THE SITE, OR THE SERVICES; (II) ANY PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE  (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE); (III) ANY STATEMENTS, CONTENT OR CONDUCT OF ANY THIRD PARTY ON, THROUGH OR IN RELATION TO THE SITE,  OR ANY SUCH PRODUCTS OR SERVICES; (IV) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PERSONAL; (V) ANY HACKING, DENIAL OF SERVICE ATTACKS, DATA SECURITY BREACHES OR OTHER THIRD-PARTY CONDUCT THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VI) ANY TRANSMISSION, DOWNLOAD OR INFECTION OF ANY SOFTWARE, SYSTEM, PROGRAM, FILE, PROCESS, DEVICE, APPLICATION OR ROUTINE (INCLUDING, WITHOUT LIMITATION AND BY WAY OF EXAMPLE ONLY, ROBOTS, SCRAPERS, SPIDERS, VIRUSES, SPYWARE AND MALWARE) THAT MAY LEAD TO A COMPROMISE OF YOUR PERSONAL INFORMATION OR DAMAGE TO YOUR DEVICE(S), SOFTWARE, OPERATING SYSTEM(S), FILE(S), CARRIER(S), NETWORK(S) OR USER ACCOUNT; (VII) THE FACT THAT YOU HAVE RELIED ON ANY INFORMATION, CONTENT OR COMMUNICATIONS PUBLISHED ON, THROUGH OR IN RELATION TO THE SITE,OR ANY SUCH PRODUCTS OR SERVICES; OR (VIII) ANY ACTS, ERRORS OR OMISSIONS OF ANY THIRD-PARTY PROVIDERS. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE), THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SITE, AND SUCH PRODUCTS AND SERVICES.
  • No Injunctive Relief IF SAI USA INC BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN YOU SHALL NOT BE ENTITLED TO SEEK OR OBTAIN, AND YOU DO HEREBY WAIVE, ANY TYPE OF INJUNCTIVE RELIEF AGAINST THE SITE, AND/OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE  (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE) AS A RESULT OF SUCH BREACH OR OTHER VIOLATION. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING LIMITATION ON INJUNCTIVE RELIEF DOES NOT LIMIT YOUR ABILITY TO SEEK OR RECOVER ANY MONETARY REMEDIES AUTHORIZED BY LAW IN THE EVENT OF ANY SUCH BREACH OR OTHER VIOLATION (EXCEPT FOR THOSE WHICH ARE OTHERWISE EXPRESSLY PRECLUDED BY THIS AGREEMENT).
  • Limitation of Remedies IF SAI USA INC BREACHES OR OTHERWISE VIOLATES THIS AGREEMENT, THEN IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECULATIVE OR PUNITIVE DAMAGES ARISING OUT OF OR IN RELATION TO SUCH BREACH OR OTHER VIOLATION, EVEN IF SAI USA INC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES; AND IN NO EVENT SHALL SAI USA INC’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SAI USA INC UNDER THIS AGREEMENT, IF ANY AND AS APPLICABLE, WITHIN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF SUCH BREACH OR OTHER VIOLATION OF THIS AGREEMENT.
  • Consumer Protections The disclaimers and limitations set forth in this section 21 are not intended to limit liability or alter your rights as a consumer that cannot be limited or altered under applicable law.
  • General Release of Claims YOU HEREBY RELEASE AND HOLD HARMLESS SAI USA INC AND SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SITE, THE PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE) AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO THE USER MATERIALS AND/OR ANY ELEMENTS, DERIVATIVES OR MARKETING OF THE FOREGOING). FURTHER, YOU WAIVE YOUR RIGHT TO, AND IN NO EVENT SHALL YOU SEEK TO, ENJOIN SAI USA INC, ANY OF SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, CONTRACTORS, VENDORS OR LICENSEES OR ANY EXERCISE OF THE RIGHTS OR PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, THE USER MATERIALS).
  • Indemnification YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SAI USA INC AND SAI USA INC’S OFFICERS, DIRECTORS, MEMBERS, MANAGERS, OWNERS, PARTNERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, TRUSTEES, ASSIGNS, TRANSFEREES, TRUSTEES, INSURERS, CONTRACTORS, VENDORS AND LICENSEES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, SUITS, DEMANDS, ACTIONS, JUDGMENTS, LOSSES, DAMAGES, FINES, PENALTIES AND EXPENSES (INCLUDING COSTS AND REASONABLE OUTSIDE ATTORNEYS’ FEES) INCURRED BY SUCH INDEMNITEES, OR ASSERTED AGAINST SUCH INDEMNITEES BY THIRD PARTIES, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR ACTS, ERRORS OR OMISSIONS, (B) YOUR USE OF THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, PURCHASED, MARKETED, PROVIDED, USED OR MADE AVAILABLE BY OR TO YOU ON, THROUGH OR IN RELATION TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE SERVICES, AND THOSE PRODUCTS AND SERVICES OFFERED, SOLD, MARKETED OR PROVIDED BY PROVIDERS OR OTHERS ON, THROUGH OR IN RELATION TO THE SITE) IN ANY MANNER CONTRARY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, (C) YOUR VIOLATION OF THE RIGHTS OF OR OTHER INJURY TO ANY THIRD PARTY, AND/OR (D) YOUR BREACH OF ALL OR ANY PART OF THIS AGREEMENT.
  • Term; Termination; Survival This Agreement shall continue and remain in effect until it is terminated in accordance with the terms and conditions of this Agreement. Sai Usa Inc may terminate this Agreement at any time, for any or no reason, and without notice to you (including, without limitation, if Sai Usa Inc believes that you have violated or acted inconsistently with any term or condition of this Agreement). You may terminate this Agreement at any time and for any or no reason if you are a registered user of the App by cancelling your User Account. If this Agreement is terminated for any reason, then all rights granted to you under this Agreement shall automatically revert back to Sai Usa Inc, and the following shall survive in perpetuity: (a) all defined terms under this Agreement; (b) all rights and privileges under this Agreement which were granted to and/or accrued in favor of Sai Usa Inc and/or any of Sai Usa Inc’s officers, directors, members, managers, owners, partners, agents, employees, representatives, parents, subsidiaries, affiliates, successors, trustees, assigns, transferees, contractors, vendors or licensees as of the date of this Agreement’s termination; (c) all payments which accrued as of the date of termination; (d) all disclaimers, limitations of liability and limitations of remedies; and (e) all representations, warranties, covenants, certifications, releases, indemnifications and promises made by you under this Agreement.
  • Governing Law This Agreement, the additional terms, conditions, and policies referenced herein (including the Privacy Policy, and the Copyright Statement), your visit, access, registration with or use of the Site or the Services, any transactions made on, through or in relation to the Site or, any products or services offered, sold, purchased, marketed, provided, used or made available by or to you on, through or in relation to the Site (including, without limitation, the Services, and those products and services offered, sold, marketed or provided by Providers or others on, through or in relation to the Site), the Parties’ relationship and all disputes, controversies, and claims arising from or in connection with any of the foregoing (whether grounded in contract, tort, statute, law, or equity) shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Texas in the United States of America and applicable federal law of the United States of America, regardless of its place of execution, its place of performance, and any conflicts of law analysis. For the avoidance of any doubt, the United Nations Convention on Contracts for the International Sale of Goods shall have no application whatsoever.

Dispute Resolution

  • Binding Arbitration; Waiver Each Party hereby irrevocably submits all disputes, controversies and claims arising from or concerning this Agreement, any additional terms, conditions, or policies referenced herein (including the Privacy Policy, and the Copyright Statement), your visit, access, registration with or use of the Site, or the Services, any transactions made on, through or in relation to the Site, any products or services offered, sold, purchased, marketed, provided, used or made available by or to you on, through or in relation to the Site (including, without limitation, the Services, and those products and services offered, sold, marketed or provided by Providers or others on, through or in relation to the Site) and/or the Parties’ relationship (whether grounded in contract, tort, statute, law or equity) (collectively, the “Dispute(s)”) to binding arbitration administered by Judicial Arbitration and Mediation Services, Inc. (a/k/a JAMS) or its successor (“JAMS”) for the resolution thereof, and such arbitration shall be the sole and exclusive method for resolving the Disputes. The arbitration shall be binding, final and confidential. EACH PARTY ACKNOWLEDGES AND AGREES THAT HE/SHE/IT IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION PROCEEDING.
  • Arbitration Rules The arbitration shall be conducted before a single arbitrator under the then-current JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as supplemented by the Federal Rules of Civil Procedure and the Federal Rules of Evidence if and where applicable as a gap-filler. If there is any conflict between a provision of the JAMS Rules, the Federal Rules of Civil Procedure, the Federal Rules of Evidence, or this Agreement, then the conflicting provision of this Agreement shall control and govern over the JAMS Rules, the Federal Rules of Civil Procedure and the Federal Rules of Evidence; and the JAMS Rules shall control and govern over the Federal Rules of Civil Procedure and the Federal Rules of Evidence. The construction, interpretation, and enforcement of this section 26 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
  • Arbitration Process, Location, and Procedures The Party initiating the arbitration proceeding shall serve a written notice of arbitration on the other Party in accordance with the JAMS Rules. The arbitration shall be held in Austin, Texas, United States of America; or, if that forum is not permitted under the JAMS Rules or the arbitrator’s interpretation of the JAMS Rules, then in the city where the JAMS office in closest proximity to Austin, Texas, United States of America is located (with that city currently being Dallas, Texas, United States of America). The arbitration shall be conducted in the English language. The arbitrator shall be selected in accordance with the JAMS Rules, unless otherwise agreed to by the parties to the arbitration. All issues or questions concerning either the scope of this arbitration clause or the arbitrability of any of the Disputes shall be referred to and finally decided by the arbitrator. The arbitrator may construe or interpret, but shall not vary or ignore, the terms and conditions of this Agreement and shall be bound by applicable law.
  • Arbitration Decisions and Awards The arbitrator shall render a written final decision on the subject Dispute as soon as practicable and in any event not more than forty-five (45) days after the close of evidence and briefing. The arbitrator’s decision shall be written, shall be in accordance with applicable law, and shall be supported by written findings of fact and conclusions of law setting forth the basis for his/her decision. The arbitrator shall have no authority to award punitive, exemplary or consequential damages, unless such an award is authorized by applicable law. The arbitrator shall have the authority to award attorney fees and expenses if such an award is permitted under this Agreement or applicable law. Subject to any applicable rights of appeal, the final decision of the arbitrator shall be binding and conclusive upon all of the Parties who have been served with proper written notice of the arbitration proceeding as required by this section 26. Judgment on any award rendered by the arbitrator may be confirmed in any state or federal court having jurisdiction thereof that is located in the State of Texas, and may be entered in and enforced by any domestic, foreign, or international court having appropriate subject matter jurisdiction. Any decision, judgment, ruling, finding, award or other determination of the arbitrator and any information disclosed in the course of any arbitration hereunder shall be kept confidential by the Parties, and any court order to enforce the decision, judgment, ruling, finding, award or other determination of the arbitrator shall be filed under seal.
  • Arbitration Fees and Expenses JAMS’s administrative and filing fees, the arbitrator’s fees and expenses and all other fees and expenses charged by JAMS and/or the arbitrator to administer or conduct the arbitration shall be shared equally among all parties to the arbitration; provided, however, that the prevailing party of the arbitration may recover an award of its share of such fees and expenses if such an award is permitted under this Agreement or applicable law.
  • Litigation; Waiver In the event a particular Dispute is not subject to arbitration (whether by decision of an arbitrator with binding authority, or otherwise according to this Agreement or applicable law), each Party hereby irrevocably submits to the exclusive personal jurisdiction and venue of the state courts of the State of Texas in Travis County, Texas, United States of America and the United States federal courts in the Western District of Texas, Austin Division, for the litigation of said Dispute, and covenant and agree that neither of the foregoing is an inconvenient venue or forum.
  • Waiver of Jury Trial and Class Action REGARDLESS OF WHETHER A PARTICULAR DISPUTE IS SUBJECT TO ARBITRATION OR LITIGATION, EACH PARTY DOES HEREBY WAIVE HIS/HER/ITS RIGHT TO A TRIAL BY JURY, TO PARTICIPATE AS THE MEMBER OF A CLASS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDING OR TO NAME UNNAMED MEMBERS IN ANY PURPORTED CLASS ACTION OR OTHER PROCEEDINGS.

Notice Unless otherwise expressly stated in this Agreement, Sai Usa Inc may give or deliver all other notices to you by means of a general notice posted on this or another page of the Site, emailed to the email address associated with your User Account or posted to your User Account, as applicable and as Sai Usa Inc deems appropriate in its sole discretion, and shall be deemed effective as of their stated effective or modification date.

Relationship In no event shall this Agreement, the Site, the Services, the exercise or performance of a Party’s rights or obligations under this Agreement, or a Party’s visit to, access of, registration with or use of the Site, or the Services create any type of fiduciary, franchise, agency, employment, independent contractor, partnership or joint venture relationship between you or Sai Usa Inc.

Miscellaneous

  • Electronic Signatures IF YOUR ACCEPTANCE OF THIS AGREEMENT IS FURTHER EVIDENCED BY YOUR AFFIRMATIVE ASSENT TO THE SAME (E.G., BY A “CHECK THE BOX” ACKNOWLEDGMENT PROCEDURE), THEN THAT AFFIRMATIVE ASSENT IS THE EQUIVALENT OF YOUR ELECTRONIC SIGNATURE TO THIS AGREEMENT. HOWEVER, FOR THE AVOIDANCE OF DOUBT, YOUR ELECTRONIC SIGNATURE IS NOT REQUIRED TO EVIDENCE OR FACILITATE YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT, AS YOU AGREE THAT THE CONDUCT DESCRIBED IN THIS AGREEMENT AS RELATING TO YOUR ACCEPTANCE AND AGREEMENT TO THIS AGREEMENT ALONE SUFFICES.
  • Excused PerformanceSai Usa Inc is hereby excused for any failure to perform under this Agreement to the extent that its performance is prevented by any reason outside of its reasonable control or that may be characterized as a force majeure event.
  • Assignment and Delegation You shall not assign, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Sai Usa Inc’s prior written consent in each instance.
  • Construction and Interpretation This Agreement shall be construed to have been drafted by all of the Parties, so that any rule of construction or interpretation that construes or interprets ambiguities against the drafter shall have no force or effect.
  • Headings Section headings are inserted in this Agreement for reference and convenience only and shall not interpret, define, limit or describe the scope, intent, terms or conditions of this Agreement.
  • Severability If any term or condition of this Agreement is deemed invalid or unenforceable by the arbitrator or (if applicable) a court of law with binding authority, then the remaining terms and conditions shall not be affected, and said arbitrator or court of law shall reform the invalidated or unenforceable term or condition to the maximum extent permitted under the law and consistent with the intent of this Agreement.
  • Entire Agreement This Agreement, together with those additional terms, conditions, and policies referenced herein and/or made available herein by hyperlink (including the Privacy Policy, and the Copyright Statement), constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof; supersedes any prior agreements and understandings, if any, between the Parties with respect to such subject matter; and shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns.
  • Contact Us Please direct any questions you may have about the Site, the Services or this Agreement to us hello@saiusainc.com, with a subject line of “Sai Usa Inc Question.” The foregoing contact information may change from time-to-time by supplementation, amendment, or modification of this Agreement.

 Last Modified. This Agreement was last modified on Jan 8.2022