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Sessions at the Presidio Website Terms & Conditions of Use

Effective Date: September 1, 2022

 

This is a legal agreement between you and Sessions at the Presidio ("Sessions", "we", "us" or "our") governing the use of the website and services located at www.sessionssf.com (the "Sessions Website").

 

By accessing or using the Sessions at the Presidio Website, you acknowledge that you have read, understood, and agree to be bound by the following terms of use, including any additional Guidelines (defined below), and any future modifications (collectively, the "Terms"). If, at any time you don’t agree to the Terms, please immediately discontinue your use of the Sessions at the Presidio Website.

 

NOTE TO USERS UNDER 13: Our service is not for persons under the age of 13. If you are under 13 years old, then please do not use the Sessions at the Presidio Website.

 

If you are over 13, but under the age of consent where you live, then you must get the consent of your parents prior to using the Sessions at the Presidio Website and, if you do use the Sessions at the Presidio Website, you represent to us that you have done so.

 

Your privacy is important to us. Our Privacy Policy is hereby incorporated into the Terms by reference. Our Privacy Policy details how your personal information is used.  By using the Sessions at the Presidio Website you are also agreeing that we can process your information as set out in the Privacy Policy. 

Individual Features and Sessions at the Presidio Website.

When using the Sessions at the Presidio Website, you may be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms. To the extent that any terms of the Terms conflict with any Guidelines, the Terms shall control.

 

Modification of the Terms.

Because the Sessions at the Presidio Website changes from time to time, Sessions reserves the right, at its discretion, to change, modify, add, or remove portions of the Terms at any time without notice. Please check the Terms periodically for changes. Your continued use of the Sessions at the Presidio Website after the posting of changes will constitute your acceptance of such changes. You are responsible for regularly reviewing and becoming familiar with any changes to the Terms. 

Ownership.

 

The Sessions at the Presidio Website are owned and operated by us and our licensors. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Sessions at the Presidio Website that are provided by us ("Sessions Materials") are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Sessions Materials do not include any content owned by and submitted by you. Except as expressly authorized by us, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Sessions at the Presidio Website or Sessions Materials. You shall not acquire any right, title or interest to the Sessions at the Presidio Website or Sessions Materials, except for the limited rights set forth in the Terms or any express license from us or our licensors.

Restrictions.

 

Subject to the terms and conditions herein, Sessions grants you permission to use the Sessions at the Presidio Website as set forth in the Terms, provided that (i) you use the Sessions at the Presidio Website solely for your personal, private, noncommercial use; (ii) you do not copy, publicly display or distribute any part of the Sessions at the Presidio Website in any medium without Sessions’s prior written authorization; (iii) you do not alter or modify any part of the Sessions at the Presidio Website other than as may be reasonably necessary to use the Sessions at the Presidio Website for its intended purposes; (iv) you do not engage in any of the prohibited uses described in the Terms; and (v) you fully comply with the Terms. The Sessions at the Presidio Website is controlled and offered by Sessions from its facilities in the United States of America. Sessions makes no representations that the Sessions at the Presidio Website is appropriate or available for use in other locations. Those who access or use the Sessions at the Presidio Website from other jurisdictions do so at their own risk and are responsible for compliance with local law.

 

Content Disclaimer.

 

You understand that when using the Sessions at the Presidio Website, you will be exposed to text, images, videos and other content ("Content") from a variety of sources, and that Sessions is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sessions with respect thereto. Sessions does not endorse any Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will Sessions be liable in any way for or in connection with any Content, including, but not limited to, for any inaccuracies, errors or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise displayed or transmitted via the Sessions at the Presidio Website.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

  • Unlawful or promoting unlawful activity.

  • Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

  • Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

  • Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

  • Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

  • Impersonating any person or entity including Sessions and its employees or representatives.

  • Violating the privacy of any third person.

  • False information and features.

Removal of Content.

 

Sessions and its designees shall have the right (but not the obligation) in their sole discretion, determine whether or not any Content is appropriate and complies with this Terms, to refuse or remove any Content or Sessions Materials in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.  Sessions further reserves the right to make formatting and edits and change the manner of any Content. Sessions can also limit or revoke the use of the Sessions at the Presidio Website if You post such objectionable Content. As Sessions cannot control all content posted by users and/or third parties on the Sessions at the Presidio Website, y Sessions at the Presidio Website You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will Sessions be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

 

Prohibited Uses.

  1. As a condition of your use of the Sessions at the Presidio Website, you will not use the Sessions at the Presidio Website for any purpose that is unlawful or prohibited by the Terms. Access to the Sessions Materials and the Sessions at the Presidio Website from territories where their access or use thereof is illegal is strictly prohibited. Sessions at the Presidio Website users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.

  2. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Sessions at the Presidio Website, use of the Sessions at the Presidio Website, access to the Sessions at the Presidio Website, or Content obtained through the Sessions at the Presidio Website, for any purpose other than as the Sessions at the Presidio Website is offered by Sessions.

  3. You agree not to defame, harass, abuse, threaten, stalk or defraud users of the Sessions at the Presidio Website, or collect, or attempt to collect, personal information about users or third parties without their consent.

  4. You agree not to intentionally interfere with or damage, impair or disable the operation of the Sessions at the Presidio Website or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.

  5. You agree not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sessions at the Presidio Website, features that prevent or restrict the use or copying of any content accessible through the Sessions at the Presidio Website, or features that enforce limitations on the use of the Sessions at the Presidio Website.

  6. You agree not to attempt to gain unauthorized access to the Sessions at the Presidio Website, or any part of it, other accounts, computer systems or networks connected to the Sessions at the Presidio Website, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Sessions at the Presidio Website or any activities conducted on the Sessions at the Presidio Website.

  7. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sessions at the Presidio Website. You agree neither to modify the Sessions at the Presidio Website in any manner or form, nor to use modified versions of the Sessions at the Presidio Website, including (without limitation) for the purpose of obtaining unauthorized access to the Sessions at the Presidio Website.

  8. You agree that you will not use any robot, spider, scraper, or other automated means to access the Sessions at the Presidio Website for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sessions at the Presidio Website. You agree not to deep-link to the Sessions at the Presidio Website and will promptly remove any links that Sessions finds objectionable in its sole discretion.

  9. You agree not to utilize framing techniques to enclose any trademark, logo, or other Sessions Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing Sessions’s name or trademarks without our express written consent.

  10. You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the Sessions at the Presidio Website. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

  11. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Sessions at the Presidio Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

  12. You agree not to modify, adapt, translate or create unauthorized derivative works based upon the Sessions at the Presidio Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 

User Accounts.

 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Sessions at the Presidio Website.

 

You are responsible for safeguarding the password that You use to access the Sessions at the Presidio Website and for any activities or actions under Your password with Sessions at the Presidio Website.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Information.

 

You acknowledge, consent and agree that Sessions may access, preserve and disclose your account information and information you provide to Sessions if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) to respond to your requests for customer service; or (d) protect the rights, property or personal safety of Sessions, its users and the public

Links and Third Party Content.

 

Sessions or third parties may provide links on the Sessions at the Presidio Website to other sites or content ("Third Party Sites"). Sessions has no control over such Third Party Sites, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Third Party Sites linked to by the Sessions at the Presidio Website. Sessions provides links to you only as a convenience, and the inclusion of any link on the Sessions at the Presidio Website does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Sessions at the Presidio Website, our terms and policies no longer govern. You further acknowledge and agree that Sessions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.  We strongly advise that you review applicable terms and conditions and policies, including the privacy and data gathering practices, of any Third Party Sites or services you may visit.

 

Availability of the Sessions at the Presidio Website.

 

Sessions at the Presidio Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Sessions, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Sessions at the Presidio Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Sessions provides no warranty or undertaking, and makes no representation of any kind that the Sessions at the Presidio Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither Sessions nor any of the Sessions provider’s make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Sessions at the Presidio Website, or the information, content, and materials or products included thereon; (ii) that the Sessions at the Presidio Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Sessions at the Presidio Website; or (iv) that the Sessions at the Presidio Website, its servers, the content, or e-mails sent from or on behalf of the Sessions are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

User Disagreements.

 

Your interactions with other users, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user. Like with any web-based interaction, we suggest that you use caution and good judgment. You are solely responsible for your involvement and interactions with other users. If you have a dispute with one or more users, you release Sessions (and Sessions's officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If there is a dispute between you and any third party, Sessions is under no obligation to become involved. 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 or releasing party does not know or suspect to exist in his or her favor at the time of executing the release of that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

Terms of Use Violations; Termination.

  1. You agree that Sessions, in its sole discretion and for any or no reason, may terminate any user or account (or any part thereof) you may have at the Sessions at the Presidio Website or your use of the Sessions at the Presidio Website, and discard all or any part of your account or any of information you provide to Sessions, at any time, with or without notice, without liability to you. Sessions may also in its sole discretion and at any time discontinue providing access to the Sessions at the Presidio Website, or any part thereof, with or without notice. You agree that any termination of your access to the Sessions at the Presidio Website or any account you may have, or portion thereof, may be effected without prior notice, and you agree that Sessions shall not be liable to you or any third-party for any such termination. Sessions does not permit infringing activities on the Sessions at the Presidio Website, reserves the right to terminate access to the Sessions at the Presidio Website, and remove all content submitted, by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Sessions may have at law or in equity.

  2. If you are dissatisfied with the Sessions at the Presidio Website, please email us at info@sessionssf.com or at the address set forth below in the "Contacting Us" Section below. Your input is valuable to us. Your remedy with respect to any dissatisfaction with (i) the Sessions at the Presidio Website, (ii) any term of the Terms, (iii) any policy or practice of Sessions in operating the Sessions at the Presidio Website, or (iv) any content or information transmitted through the Sessions at the Presidio Website, is to terminate the Terms and your account. You may terminate the Terms at any time by closing your account, discontinuing your use of any and all parts of the Sessions at the Presidio Website, and providing Sessions notice of termination by writing to us at info@sessionssf.com or at the address set forth below in the "Contacting Us" Section below.


Indemnification; Hold Harmless.

 

You agree to indemnify and hold harmless Sessions, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives, including, but not limited to, George W. Lucas, of any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Sessions at the Presidio Website; (ii) your violation of the Terms; (iii) your violation of the rights of any other person or entity; and (iv) your breach or alleged breach of the any representations, warranties, and covenants herein. Sessions reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Sessions and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Sessions.  Sessions will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimers; No Warranties.

  1. No warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SESSIONS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SESSIONS OR THROUGH THE SESSIONS AT THE PRESIDIO WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THE SECTIONS TITLED "DISCLAIMERS" AND "LIMITATION OF LIABILITY; DAMAGES", THE TERM "SESSIONS" INCLUDES SESSIONS'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.

  2. "As is" and "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SESSIONS AT THE PRESIDIO WEBSITE IS AT YOUR SOLE RISK. THE SESSIONS AT THE PRESIDIO WEBSITE AND ANY MEDIA, CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SESSIONS AT THE PRESIDIO WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

  3. Platform Operation and Content. SESSIONS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SESSIONS MATERIALS, CONTENT, THE SESSIONS AT THE PRESIDIO WEBSITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SESSIONS AT THE PRESIDIO WEBSITE OR ANY THIRD PARTY SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

  4. Accuracy. SESSIONS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SESSIONS AT THE PRESIDIO WEBSITE OR ANY THIRD PARTY SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

  5. Harm to Your Computer or Device. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SESSIONS AT THE PRESIDIO WEBSITE (INCLUDING RSS FEEDS) OR ANY THIRD PARTY SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

Limitation of Liability; Damages

  1. LIMITATION OF LIABILITY AND DAMAGES. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SESSIONS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS TERMS) ARISING OUT OF OR RELATING TO THE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE SESSIONS MATERIALS AND OTHER CONTENT ON THE SESSIONS AT THE PRESIDIO WEBSITE OR ANY THIRD PARTY SITES, THE SESSIONS AT THE PRESIDIO WEBSITE ITSELF, OR ANY OTHER INTERACTIONS WITH SESSIONS, EVEN IF SESSIONS OR A SESSIONS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SESSIONS’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  2. LIMITATION OF DAMAGES. IN NO EVENT SHALL SESSIONS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SESSIONS AT THE PRESIDIO WEBSITE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF THE AMOUNT OF (A) ONE HUNDRED DOLLARS OR (B) THE AMOUNT OF FEES YOU HAVE PAID SESSIONS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.

  3. THIRD PARTY SITES. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN SESSIONS AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SESSIONS AT THE PRESIDIO WEBSITE OR RECEIVED BY YOU THROUGH ANY THIRD PARTY SITES.

  4. LIMITATIONS BY APPLICABLE LAW; BASIS OF THE BARGAIN. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED BY LAW.

United States Export Controls.

 

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Sessions under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Sessions from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
 

Miscellaneous.

  1. Notice. Sessions may may be updated or amended from time to time in order to maintain compliance with current law and to reflect any changes to our terms of use. We may provide you with notices, including those regarding changes to Sessions’s terms and conditions. Notice will be deemed given immediately when you use the Sessions at the Presidio Website. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Sessions at the Presidio Website.

  2. Governing Law. You agree that (i) the Sessions at the Presidio Website and any services provided by the Sessions at the Presidio Website shall be deemed solely based in California; and (ii) the Sessions at the Presidio Website shall be deemed a passive website that does not give rise to personal jurisdiction over Sessions, either specific or general, in jurisdictions other than California. The Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.

  3. Jurisdiction. You agree that any action at law or in equity arising out of or relating to the Terms or the Sessions at the Presidio Website shall be filed only in the state or federal courts in and for San Francisco County, California and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

  4. Waiver. A provision of the Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Sessions to exercise a right or to require performance of an obligation under the Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach..

  5. Severability. If any provision of the Terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.  If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 

  6. Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Sessions without restriction. Any assignment attempted to be made in violation of the Terms shall be void.

  7. Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sessions as a result of the Terms or your use of the Sessions at the Presidio Website. You further acknowledge that by submitting information to Sessions, no confidential, fiduciary, contractually implied or other relationship is created between you and Sessions other than pursuant to the Terms. 

  8. Survival. The Sections entitled "Ownership; Proprietary Rights", "Disclaimers; No Warranties", "Indemnification; Hold Harmless", "Limitation of Liability and Damages", and "Miscellaneous" will survive any termination of the Terms.

  9. Headings. The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and shall not be deemed to limit or affect any of the provisions hereof.

  10. Entire Agreement. This is the entire agreement between you and Sessions relating to the subject matter herein and supersedes all previous or contemporaneous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in a writing signed by both parties or by a change to the Terms or Guidelines made by Sessions as set forth in the Terms.

  11. Claims. YOU AND SESSIONS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SESSIONS AT THE PRESIDIO WEBSITE OR THE TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

 

Contact Us.

 

If you have questions about this Sessions at the Presidio Website Terms & Conditions of Use, you may contact us at:

 

Sessisions  at the Presidio

One Letterman Drive

Suite 150 - Building D

San Francisco, CA 94129

info@sessionssf.com

 

We will respond via email unless you specifically request a response by postal mail.

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