SalesGenomix Privacy Policy and Terms of Use

SalesGenomix.com is owned and operated by SalesGenomix, LLC (SG) an Arizona limited liability company. Understanding your rights and responsibilities as a SalesGenomix.com user is important to you and to us. Protecting your private information is our priority. By using the SG website, you consent to the data practices described in this statement.

Privacy Reminder

Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.

Terms of Use

This page states the Terms of Use (“Terms”) under which you (“You”) may use the SG Sites and the SG Services (each as defined below). These Terms include the SG Privacy Policy, which is incorporated into these Terms by reference.

These Terms constitute a binding agreement between You and SG, LLC., and are deemed accepted by You each time that You use or access any SG Site or SG Services. If You do not accept the Terms stated here, do not use the SG Sites and the SG Services.

The SG Sites are defined as any Web sites under SG’s control, whether partial or otherwise (including, without limitation, SalesGenomix.com and the Web site from which these terms of use were accessed). The SG Sites include a variety of features and services, including an on-line service to post and search employment opportunities (“SG Services”). The SG Sites also include on-line communities designed to facilitate valuable professional and personal networking among users of the SG Sites (“Users”) based on common experiences and interests (“SG Communities”). The SG Sites allow the Users to take an assessment to determine their optimum sales job. The SG Sites also allow Users to create individual profiles, which may include personal information, and skill assessment reports (“Profiles”), and to make these Profiles, or aspects thereof, public.

SG may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the SG Sites suspended or terminated, at SG’s discretion.

You must be 18 years of age or older to visit or use any SG Site in any manner. If under the age of majority as that is defined in Your jurisdiction, must use any SG Site under the supervision of a parent, legal guardian, or other responsible adult.

1. Use of SG Content.

SG authorizes You, subject to these Terms, to access and use the SG Sites and the SG Content (as defined below) and to download and print a single copy of the content available on or from the SG Sites solely for Your personal, non-commercial use. The contents of the SG Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other SG content (collectively, “SG Content”), are protected under copyright, trademark and other laws. All SG Content is the property of SG or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the SG Sites is the exclusive property of SG and is protected by copyright, trademark, and other laws. Unauthorized use of the SG Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original SG Content on any authorized copy You make of the SG Content.

Any code that SG creates to generate or display any SG Content or the pages making up any SG Site is also protected by SG’s copyright and You may not copy or adapt such code.

You may not use any of the SG Content on any other Web site or in a networked computer environment (including, without limitation, by uploading or republishing SG Content on any Internet, Intranet or Extranet site or incorporating the SG Content in any other database or compilation for any purpose). Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

2. Use of the SG Services.

The job assessment, job posting, resume database (“SG Database”) and other features of the SG Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, the SG Communities may be used by individuals for permitted professional and personal networking purposes. Your use of the SG Services is also subject to any other contracts You may have with SG. In the case of any conflict between these Terms and any contract you have with SG, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a SG Site.

All SG Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation SG Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of SG’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any SG Site’s infrastructure;
(c) use any device to navigate or search any SG Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by SG;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any SG Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any SG Site;
(h) aggregate, copy or duplicate in any manner any of the SG Content or information available from any SG Site, including expired job postings, other than as permitted by these Terms;
(i) frame or link to any SG Content or information available from any SG Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
(k) post any resume, take an assessment, or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any SG Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any SG Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any SG Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
(w) promote or endorse an illegal or unauthorized copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the SG Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by SG’s discretion.
Violations of system or network security may result in civil and/or criminal liability. SG will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

3. Additional Terms Applicable to Employers.

You are responsible for maintaining the confidentiality of Your employer account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your SG Site registrations and passwords, whether or not authorized by You. You agree to immediately notify SG of any unauthorized use of Your employer account, Profile, or passwords. Employers are solely responsible for their postings on SG Sites. SG is not to be considered to be an employer with respect to Your use of any SG Site and SG shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any SG Site.

Candidate information may be shared if the candidate job success profile is not rated as “strongly recommend” for the specific job profile the employer is posting. Any “strongly recommend” rated candidates originated from an employer’s website, job postings within SG employment sites or other job boards and presented to an employer will not be released and posted in the SG database for a period of 180 days. If the employer notifies SG that the candidate was hired, the candidate information will not be shared in the SG database unless the candidate notifies SG in writing of their desire to share their profile. Employers agree to allow other members of the SG community to have access to candidate’s not rated as “strongly recommend” that originated or were submitted through the employer’s career website.

You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from SG, including saved job profiles, candidate information, network contacts, and email mailing lists, will be marked as deleted and may be deleted from SG’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through SG’s web servers.

In order to protect our SG Community Users from commercial advertising or solicitation, SG reserves the right to restrict the number of e-mails which an employer may send to Users to a number which SG deems appropriate in its sole discretion.

Candidate profiles derived from User Content may also be made available through the Sites. SG does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may vary significantly from User Content.

Job postings

A Job posting may not contain:
(a) any hyperlinks, other than those specifically authorized by SG;
(b) misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in SG’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by SG;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18. You may not use Your SG job posting to:
(a) post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
(d) post jobs or other advertisements for competitors of SG or post jobs or other content that contains links to any site competitive with SG; (e) sell, promote or advertise products or services;
(f) post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(g) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(h) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(i) promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
(j) post jobs on any SG Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(k) advertise sexual services or seek employees for jobs of a sexual nature;
(l) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(m) endorse a particular political party, political agenda, political position or issue;
(n) promote a particular religion;
(o) post jobs located in countries subject to economic sanctions of the United States Government; and
(p) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

SG reserves the right to remove any job posting or content from any SG Site, which in the reasonable exercise of SG’s discretion, does not comply with the above Terms, or if any content is posted that SG believes is not in the best interest of SG.

If at any time during Your use of the SG Services, You made a misrepresentation of fact to SG or otherwise misled SG in regards to the nature of Your business activities, SG will have grounds to terminate Your use of the SG Services.

Candidate Database

Use of the SG Candidate Database by Employers

You shall use the SG Database as provided in these Terms and in any contract You have with SG. You shall use the SG Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from SG Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the data explicitly for employment purposes.

You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from SG Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Database license login credentials with any other party, nor share Database pay-per-view license login credentials with any party.

The SG Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3. In order to ensure a safe and effective experience for all of our customers, SG reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in SG’s sole discretion from time to time.

4. Additional terms applicable to Job Seekers.

When You register with the SG Site, You will be asked to create an account and provide SG with certain information including, without limitation, a valid email address (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the SG Sites. You acknowledge and agree that you personally completed the sales job assessment and that you will only be matched with jobs that are best fit jobs in the SG data base. You acknowledge that when you agree to connect with a potential employer, or conduct the sales job assessment that originated as a link on an employer’s website, the potential employer will have full access to your sales job assessment report generated by SG.
You agree to allow SG to contact you via email about additional job opportunities that are identified as a good match with success profile score.
SG reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by SG or by third parties. Please see SG’s Privacy Policy, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your SG account or Your SG account is terminated, all Your account information from SG, including resumes, Profiles, cover letters, saved jobs, questionnaires, and sales job success profiles will be marked as deleted and may be deleted from SG’s databases and may be removed from any public area of the SG Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through SG’s web servers. In addition, third parties may retain saved copies of Your Information. SG reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.

5. User Content and Submissions.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a SG Site (“User Content”) is the sole responsibility of the person from which such User Content originated. SG claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through SG and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through SG, you grant SG a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through SG.

In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant SG a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting SG and its services. SG will discontinue this licensed use within a commercially reasonable period after such User Content is removed from SG. SG reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.

If You post User Content in any public area of any SG Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any SG Site retains any and all rights that may exist in such User Content. SG may review and remove any User Content that, 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 any SG Site. SG reserves the right to expel Users and prevent their further access to the SG Sites and/or use of SG Services for violating the Terms or applicable laws, rules or regulations. SG may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for SG, damage SG’s brand or public image, or cause SG to lose Users or (in whole or in part) the services of its ISPs or other suppliers.

SG does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does SG endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk. You may not include, in any User Content submitted to SG Communities, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our SG Community Users from commercial advertising or solicitation, SG reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which SG deems appropriate in its sole discretion.

Candidate profiles derived from User Content may also be made available through the SG Sites. SG does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived profiles may differ significantly from User Content.

We appreciate hearing from our Users and welcome Your comments regarding our services and the SG Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of SG. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. SG shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any SG Site and is accessible on such SG Site in a way that constitutes copyright or trademark infringement, please contact the Manager, Fraud Prevention whom we have designated as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the SG Sites. You can contact the Director as follows:

By mail:
Robert Conti
Manager, Fraud Prevention
SalesGenomix, LLC
8155 East Indian Bend Road
Suite 107
Scottsdale, AZ 85250

7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

SG respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the SG Sites, You agree not to use any SG Site to infringe the intellectual property rights of others in any way. SG reserves the right to terminate the accounts of any Users, and block access to the SG Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. SG reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact the Director of Compliance and Fraud Prevention as set out above.

8. SG’s Liability.

The SG Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. SG will only present candidate profiles and resumes to employers that have a good match using our proprietary sales jobs success profile score. SG is not involved in the actual transaction between employers and candidates. As a result, SG is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and SG makes no representations about any jobs, resumes or User Content on the SG Sites. While SG reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the SG Sites from time to time, SG does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
SG Communities provides a venue for individuals to network for professional and personal purposes and SG does not screen or censor the Profiles or User Content on the SG Sites. SG is not involved in the actual communications between Users. As a result, SG has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the SG Sites and makes no representations about any Profile or User Content on the SG Sites.

Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the SG Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the SG Sites.

Because User authentication on the Internet is difficult, SG cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any SG Site, in the event that You have a dispute with one or more Users, You release SG (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.

The SG Sites and the SG Content may contain inaccuracies or typographical errors. SG makes no representations about the accuracy, reliability, completeness, or timeliness of any SG Site or the SG Content. The use of all SG Sites and the SG Content is at Your own risk. Changes are periodically made to SG Sites and may be made at any time. SG cannot guarantee and does not promise any specific results from use of any SG Site. No advice or information, whether oral or written, obtained by a User from SG or through or from any SG Site shall create any warranty not expressly stated herein.

If You are a California resident, You waive California Civil Code Section 1542, which says: “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.”
SG encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall SG be liable for the deletion, loss, or unauthorized modification of any User Content.
SG does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any SG Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.

If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 7 above.

If notified of any content or other materials which allegedly do not conform to these Terms, SG may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. SG has no liability or responsibility to Users for performance or nonperformance of such activities.

9. Disclaimer of Warranty.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SG DOES NOT WARRANT THAT ANY SG SITE OR ANY SG SERVICES WILL OPERATE ERROR-FREE OR THAT ANY SG SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SG SITE OR THE SG CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, SG IS NOT RESPONSIBLE FOR THOSE COSTS. THE SG SITES AND SG CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SG, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SG CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

10. Disclaimer of Consequential Damages.

TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL SG, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SG SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SG SITE AND THE SG CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Limitation of Liability.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SG’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SG SITE OR YOUR USE OF THE SG CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

12. Links to Other Sites.

The SG Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by SG of the contents on such third-party Web sites. SG is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.

13. No Resale or Unauthorized Commercial Use.

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any SG Site.

14. Indemnity.

You agree to defend, indemnify, and hold harmless SG, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any SG Site, (ii) Your use of any SG Content, or (iii) Your breach of these Terms. SG shall provide notice to You promptly of any such claim, suit, or proceeding.

15. General.

SG makes no claims or representations that the SG Content may be lawfully viewed or accessed outside of the United States. Access to the SG Content may not be legal by certain persons or in certain countries. If You access any SG Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any SG Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.

These Terms are governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Phoenix, Arizona. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, SG’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect SG’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the SG Sites, a particular “Legal Notice,” or software license or material on particular pages on the SG Sites, these Terms constitute the entire agreement between You and SG with respect to the use of the SG Sites. No changes to these Terms shall be made except by a revised posting on this page.

16. Term and Termination.

These Terms will remain in full force and effect while You are a User of any SG Site. SG reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the SG Sites and immediate termination of Your registration with or ability to access the SG Sites and/or any other services provided to You by SG, upon any breach by You of these Terms or if SG is unable to verify or authenticate any information You submit to a SG Site registration. Even after You are no longer a User of the SG Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 15, inclusive.

Update effective May 2012