When we refer to “Sayers,” “we,” “us” or “our,” we mean Sayers, LLC or, as applicable, the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable. When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
Sayers appreciates your visit to our Site, which provides general information about Sayers and its Products and Services. Use of this Site is limited to legitimate purposes. Sayers may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. By providing any information, comments, documents, images or general content to Sayers, you grant to Sayers an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on this Site. You further agree that Sayers is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to Sayers. You hereby agree that any comments, feedback or recommendations made by you for the improvement or modification of this Site or the Products or Services advertised herein shall be the sole property of Sayers.
The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT SAYERS SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY SERVICES OR INFORMATION PROVIDED ON THIS SITE OR ACCESSED BY YOU THROUGH THIS SITE.
This Site and any of the products or services provided by Sayers in connection with this Site (the “Products” and “Services”, respectively), including any information and content relating thereto, are being provided to you expressly subject to these Terms, which govern your use of the Site. Sayers makes this Site available subject to the terms and conditions set forth herein and all applicable laws. By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority to and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof, to these Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of this Site. If you do not agree to these Terms, you are not authorized to access, browse or otherwise use this Site.
Use of the Site
As a user of the Site, you have a non-exclusive, non-transferable, limited, revocable license to use the Site solely for your personal use. You may not use the Site for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Site without the prior written consent of Sayers, which consent may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to this Site without the prior written consent of Sayers, which consent may be withheld, conditioned or delayed in its sole and absolute discretion.
Any access or attempted access of other areas of Sayers’s computer systems, third-party systems, and Products and Services that Sayers utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Site. Sayers reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
Sayers has the right to modify, suspend or discontinue, temporarily or permanently, this Site, any Products or Services provided by Sayers through this Site, or your right to access or use any portion of this Site, in Sayers’s sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts by you (or another party) to gain unauthorized access to any Site or assist others in attempting to do so, (2) your (or another party’s) disabling of any security features on any Site, (3) your violation of these Terms, (4) suspected or actual infringement of a third party’s intellectual property rights or (5) pursuant to requests by law enforcement or other government agencies. You covenant to Sayers that you will not attempt to gain unauthorized access to any computer systems or networks connected to any Sayers server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Sayers. When using the Site you agree not to assume the identity of another.
All information and content provided on this Site, whether explicitly marked or not, is the property of Sayers, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site. All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by Sayers, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of Sayers. You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of Sayers. Other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by Sayers, is strictly prohibited.
Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Sayers or any third party. Any use of the information, content or Marks provided on any Site that does not comport with these Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.
Sayers makes no representation that materials, Products or Services on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
The Sites may not be used by our visitors for any commercial purposes other than to inquire about the Products or Services of Sayers. You must obtain our express prior written consent to make commercial offers of any kind on or in connection with the Site, whether by advertising, solicitations, links or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling Sayers Products or Services of any kind without our express written permission. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in Sayers’s sole discretion, and without prior notice, we may terminate your access to the Sites, cancel any transactions or exercise any other remedy available and remove any unauthorized Content if we believe that the Content you provided has violated or is inconsistent with these Terms or has violated the rights of Sayers, another user or the law, or constitutes a breach of the User Agreement. You agree that monetary damages may not provide a sufficient remedy to Sayers for violations of these Terms and you consent to injunctive or other equitable relief for such violations. Sayers may release user information about you if required by law or subpoena, or if release of the information is necessary or appropriate to address an unlawful or harmful activity. Sayers is not required to provide any refund to you if you are terminated as a user because you have violated any of these Terms.
Sayers is not responsible for the products, services, actions or failures to act of any third party referenced on this Site. These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions (FAQs) listings therein. To the extent any of these Terms are in conflict with any terms and conditions set forth in any particular Site, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted. To the extent any of these Terms are in conflict with any terms and conditions set forth in a particular order, the terms and conditions of the order shall control.
Orders are not binding upon Sayers until accepted by Sayers. Terms of payment are within Sayers’s sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. In the event of a payment default, Customer will be responsible for all of Sayers’s costs of collection, including court costs, filing fees and attorney’s fees.
To purchase any Product or Service or Subscription on this Site, you must be legally permitted to enter into a legally binding contract (at least eighteen (18) years old in most jurisdictions). By submitting your payment information to us or our third-party payment processor, you hereby authorize Sayers to use/charge your payment information for such purchases. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING SAYERS WITH A VALID PAYMENT METHOD FOR PAYMENT. You agree to accept responsibility for all activities that occur under your account or password.
USERS MAY BE AUTOMATICALLY ENROLLED IN SAYERS’S COMMUNICATIONS LIST UPON PROVIDING INFORMATION TO SAYERS, during which time users consent to receive communications from Sayers. In particular, by sending any communications to Sayers via the Let’s Talk page on the Site (https://info.sayers.com/lets-talk), you consent to receiving communications from Sayers via e-mail, postal mail, or telephone. You may unsubscribe from these communications at any time by clicking on the unsubscribe link in any communication received from us, or by e-mailing us at Sayers.
Any fees on this Site are subject to change at any time without notice. Sayers makes no representations or warranties regarding the availability of Products and Services in all areas. Sayers shall have the right to refuse or cancel any Products and Services listed at an incorrect price, or containing any other incorrect information or typographical errors. Sayers shall have the right to refuse or cancel any such Products and Services whether or not accepted by Sayers and/or your payment has been processed.
You agree to defend, indemnify, save and hold harmless Sayers and Sayers Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any Products or Services you may have obtained on any of our Sites.
YOU USE THE SITES AND THE PRODUCTS AND SERVICES OFFERED ON THE SITES AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITES, INCLUDING CONTENT PROVIDED BY THIRD-PARTY PROVIDERS, ADVERTISERS AND SPONSORS ON ANY SITE, IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL Sayers OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OR OTHERWISE ARISING OUT OF THE USE OR MISUSE OF OR INABILITY TO USE ANY SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF Sayers OR ITS SUBSIDIARIES, AFFILIATED COMPANIES OR SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST Sayers IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES. CERTAIN STATE LAWS DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Sayers will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Subject to manufacturer policies and procedures, Sayers may process a return of products purchased by Customers from Sayers. Customers may contact a Sayers customer service specialist via e-mail at returns@Sayers.com, to determine whether a Return Merchandise Authorization (RMA), may be issued with respect to a particular purchase. Customers should contact a Sayers customer service specialist before shipping product back to Sayers. This will expedite and help ensure the proper action or credit upon processing. Customers should note that return privileges vary by manufacturer and all returns are subject to such policies and procedures.
Without limiting the above disclaimers, Sayers and Sayers Affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents: (1) make no warranties or representations whatsoever concerning this Site or any other Internet site, the access to, or the availability or use of, this Site or any other Internet site, the information and Content from whatever source posted on or referred to in this Site or any other Internet site or the accuracy, completeness or timeliness of such information or Content; (2) do not warrant or represent that your access to, or use of, this Site or any other Internet site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site or any other Internet site is, or the information or content from whatever source available for use or downloading are, free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any Services or Products listed on, or accessed through, this Site will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such Products or Services; and (4) do not represent or warrant the accuracy, functionality or specifications or any other aspect of items from whatever source posted or accessed through this Site.
This Site may use hyperlinks as a convenience to you so that certain reference material, Sayers-related subjects and other pertinent material are easily accessible. Linked and referenced sites may not be operated, controlled or maintained by Sayers. Hyperlinks and references to other sites, including any Sayers-affiliated entity, do not constitute sponsorship, endorsement or approval by Sayers of the information, content, policies or practices of such linked or referenced sites. Sayers, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such sites. You access, browse and use such sites at your own risk. The above limitations of liability reflect the allocation of risk between the parties, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Sayers, the Sayers Affiliates and/or their respective suppliers.
If, notwithstanding the limitations of liability above, Sayers or any of the Sayers Affiliates are found liable for any loss or damage which arises out of or is in any way connected with any Products or Services or operation of this Site, then the liability of Sayers and the Sayers Affiliates will in no event exceed, in the aggregate, One Hundred Dollars (US$100.00) (or the equivalent in local currency).
Sayers has no obligation to update any information or content on any Site. Accordingly, Sayers, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on any Site. Any use of the information or content provided on this Site is done at your own risk.
Accessing this Site in locations where the use of such content is illegal is prohibited.
THESE TERMS AND CONDITIONS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. IF ANY PART OF THESE TERMS IS DEEMED UNLAWFUL, VOID OR UNENFORCEABLE, THAT PART WILL BE DEEMED SEVERABLE AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THIS SITE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
By using this Site, you agree that Sayers, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules.
ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN COOK COUNTY, ILLINOIS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN COOK COUNTY, ILLINOIS AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. ANY AWARD IN ARBITRATION INITIATED UNDER THIS CLAUSE SHALL BE LIMITED TO MONETARY DAMAGES AND SHALL INCLUDE NO INJUNCTION or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.