TERMS OF SERVICE AGREEMENT

EFFECTIVE: SEPTEMBER 2016

WELCOME!

Thank you for showing interest in using Sagoon Inc. Our products, service-apps, features, software or website, all we simply refer together as “Services”. The only motive behind drafting these Terms of Services (“Terms”) is to let you know the rules and conditions to use Sagoon and build our relationship with you. These “Terms” are a legally binding contract between you and Sagoon Inc.

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ITS SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the "Agreement") governs your use of this website, (the "Website"), and its products, service apps and features. This agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Sagoon Inc. reserves the right to change or revise the Terms and Conditions of this agreement at any time by posting the same on this website. Sagoon Inc. will alert you that changes or revisions have been made by indicating on the top of this agreement the date it was last revised. The changed or revised agreement will be effective immediately after it is posted on this website. Your use of the website following the posting of any such changes or a revised agreement will constitute your acceptance of those changes or revisions. Sagoon Inc. encourages you to review this agreement whenever you visit the website to make sure that you understand the Terms and Conditions governing the use of the website. This agreement does not alter in any way the terms or conditions of any other written agreement you may have with Sagoon Inc. for other products or services. If you do not agree to this agreement (including any referenced policies or guidelines), please immediately terminate your use of the website.

BASIC TERMS

GENERAL CONDITIONS

CONTENT SHARED ON SAGOON

SAFETY

We want following commitments before you start using Sagoon:

REGISTRATION AND ACCOUNT SECURITY

As a Sagoon user, you are required to provide authentic information. Here are some commitments we want from you to maintain the security of your account:

DISCLAIMERS

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE.

WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE “SAGOON PARTIES”) FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, OR DISPUTE (TOGETHER, “CLAIM”) AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER VIRGINIA CIVIL CODE, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS THAT: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY:

THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.

LIMITATION OF LIABILITY

THE SAGOON WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SAGOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANYWAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE SAGOON AND ITS PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You will release, indemnify, defend and hold harmless us, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this agreement or the breach of your warranties, representations and obligations under this agreement; (2) the website content or your use of the website content; (3) the products or your use of the products (including trial products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this agreement; or (6) any information or data you supplied to us. When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the website content or products, with counsel of our choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this agreement or your use of the website or products.

GOVERNING LAW.

The laws of the State of Virginia govern our terms, as well as any disputes, whether in court or arbitration, which might arise between Sagoon Inc. and you without regard to conflict of law provisions.

This website originates from the Virginia. This agreement will be governed by the laws of the State of Virginia without regard to its conflict of law principles to the contrary. Neither you nor we will commence or prosecute any suit, proceeding or claim to enforce the provisions of this agreement, to recover damages for breach of or default of this agreement, or otherwise arising under or by reason of this agreement, other than in courts located in the State of Virginia. By using this website or products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this agreement. You hereby waive any right to trial by jury arising out of this agreement and any related documents.

This agreement shall be construed and enforced under the laws of the State of Virginia without reference to the choice of law principles thereof. You hereby consent to and submit to the jurisdiction of the federal and state courts located in the State of Virginia. User waives any defences based upon lack of personal jurisdiction or venue, or inconvenient forum.