Terms of Use

Date of Last Revision: April 10, 2024.

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This is a binding contract between you and Sail Consulting LLC (d/b/a Sail Consulting), a company registered under the laws of the State of California, and any of our affiliate companies (collectively, “Company,” “we,” “our”, or “us“), and describes the rules and restrictions that apply to our website(s) (including by not limited to https://www.sail.consulting/ (collectively, the “Website”)), applications, apps, and all products and services made, provided, and/or sold by the Company (collectively, the "Services"). Please read these Terms of Use carefully (collectively with any other policies posted on our Website). These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by litigation in court. These Terms are not the complete terms for services provided by us to you. These Terms supplement the terms and conditions provided in any service contracts between you and us. In the event of a contradiction between these Terms and any contract terms between us, the terms of the contract signed by both parties control.

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By using the Services, you agree to be bound to these Terms, along with our Privacy Notice, as amended (collectively included in "Terms"). If you do not accept the Terms, then you do not have a right to use the Services.

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1. Changes. We may introduce new features, change or limit features (including by automatic update), update or remove Content, or restrict access to parts or all of the Services, without notice to you. We reserve the right to change the Terms by displaying the updated Terms on our Website or within the Services. By using the Services after a change to the Terms, you agree to all the changes. This agreement, and any disclosures we make to you through the Services or via your registered email or other communications, is considered to be in writing for legal purposes.

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2. Privacy. Our current Privacy Notice describes our collection and use of data. If you have questions about privacy, please review the Privacy Notice and contact us as outlined in that Privacy Notice.

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3. Using the Services. Some of the Services may require you to sign up for an account. You promise to provide us with accurate and complete registration information including your age and to keep your account and password secure. You are responsible for all account activity including any orders or purchases associated with your account. You represent and warrant that you are of legal age to form a binding contract (at least 18-years of age). You will use the Services only for your own personal, non-commercial use, in a manner that complies with all laws that apply to you. If applicable law prohibits your use of the Services, then you are not authorized to use the Services. We are not responsible for your using the Services in a way that breaks the law.

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4. Restrictions. You may not use or interact with the Services to: (a) infringe or violate the intellectual property or other rights of anyone else (including the Company); (b) violate any law or regulation, including as to export control; (c) harm, defraud, harass, threaten, or deceive others, or make contributions that are obscene or otherwise objectionable; (d) jeopardize or violate the security of the Company on-line store, the Website, the Services, or anyone else; (e) attempt to obtain the password, account, or other security information from any other user; (f) run any form of auto-responder or "spam" on the Services, or any processes that otherwise interferes with the proper working of the Services; (g) scrape or spider any page, data, or portion of the Services or Content (manually or by automated means); (h) copy or store any significant portion of the Content; or (i) decompile, reverse engineer, tamper with, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services or use the Services to develop competing products. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services or Content.

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5. Copyright, Trademark & Digital Millennium Copyright Act. Any and all materials displayed, advertised, described, sold, performed or available on or through the Services, including but not limited to goods, text, graphics, data, software, photos, images, illustrations, products, services, logos, trademarks (collectively, the "Content"), and aspects of the Services themselves, are protected by copyright, patent, trademark, trade secret, and/or other intellectual property laws in the United States and in other countries. You acknowledge and agree that the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

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You further acknowledge and agree that content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. No part of the Services or Content may be copied, reproduced, or translated in any form or medium without the prior written consent of the Company. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services. You understand that the Company exclusively owns the Content and the Services and intellectual property in them. You will not use, copy, reproduce, translate, broadcast, distribute, perform, upload, display, license, sell, modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services or Content (i) without the prior consent of the owner of that Content (which may be the Company or our licensors) or (ii) in a way that violates someone else's (including the Company’s) rights.

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We reserve the right to delete or disable Content alleged to be infringing.

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You agree that all our registered and common law trademarks, trade names, service marks, other logos and brand features, and product and service names are our trademarks and our property (the "Mark" or “Marks”). Without our prior permission, you agree not to display or use in any manner our Marks.

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6. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our Agent for notice:

an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site, including the URL where the infringing material is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By e-mail: hello@sail.consulting
By USPS: Sail Consulting, 440 N Barranca Ave #3341, Covina, CA 917237.

7. Content You Provide. Anything you post, upload, share, store, or otherwise provide to us and/or our Website through the Services is your "User Submission." You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so. Some User Submissions may be viewable by other users. We do not regularly review User Submissions but reserve the right to remove or edit content you submit, including to enforce these Terms. For all User Submissions, you hereby grant the Company a license to translate, modify (for technical purposes, for example making sure your content is viewable on a mobile device), reproduce, and otherwise act with respect to such User Submissions. This is a license only – your ownership in User Submissions is not affected. The licenses you grant to us (and by extension to our users) through these Terms are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, unless the Services indicate otherwise.

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8. Feedback, Public Posting, & Unsolicited Ideas. Certain features of the Services currently or in the future may allow you to post reviews, listings, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”). Additionally, the Services may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews or other content, messages, materials, or other items on the Services ("Interactive Areas"). You may supply Posted Content to these Services so long as the Posted Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights of others, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of Posted Content. We reserve the right (but not the obligation) to remove or edit any Posted Content for any or no reason but do not regularly review Posted Content. You are solely responsible for your use of Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. All statements, information and other content submitted by users are solely the opinions of users, and not of the Company.

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If you do supply Posted Content, and unless we indicate otherwise, you grant to us a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display, and distribute such Posted Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law. Also, you grant to us and our sublicensees the right to use the name that you submit in connection with the Posted Content if we choose. By supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted Content is accurate; (iv) use of the Posted Content does not violate any of the Terms and will not cause injury to any person or entity; and (v) you will indemnify the Company for all claims resulting from the Posted Content you supply.

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We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

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By submitting inquiries, requests, ideas, suggestions, documents, and/or proposals ("Contributions") to us through our existing or future suggestion or feedback webpages or surveys, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become our property without any obligation of us to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.

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9. Third Parties. Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person that originated it, and you access all such information and content at your own risk, and we are not liable for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. The Services may also contain links or connections to third party websites or services not owned or controlled by the Company and using the Services may require you to transact with third parties, such as for your internet connection or for transactions through the Services. We are not responsible for these third-party services or individuals that you may interact with through the Services. You are responsible for reviewing the terms of use of all third parties.

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If there is a dispute between participants on this site, or between users and any third party, we are under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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."

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10. Correction of Site Errors. The information on the Site may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to service information, pricing, and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconvenience.

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11. Quotes for Services. When you use our Website to request a quote for services, that quote(s) is a nonbinding estimate based upon the limited information that you provided to us. Quotes may increase or decrease based upon subsequent information of which we become aware, changes in the scope of a project, changes in our rates for services provided, etc. A quote is a nonbinding estimate for the services based solely upon the information that you provided to us and our rates on the day we provided the quote. A quote is not a guaranteed price for services provided in the future.

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12. Warranty Disclaimer. Neither the Company nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Use of the Services is at your own risk. THE SERVICES AND CONTENT ARE PROVIDED BY THE COMPANY (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, RELIABILITY NONINFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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13. Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL THE COMPANY (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF DATA OR RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, OR (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

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14. Class Action Waiver. YOU AND THE COMPANY AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION, LITIGATION OR RESOLUTION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS. In addition, neither you nor the Company may participate in a class or representative action in court as a class member if any of the claims asserted in the litigation that arise out of or relate in any way to these Terms of Use and/or any Services. You and the Company both waive any right to participate in any class action involving disputes between us.

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15. Indemnity. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another.

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16. Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

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17. Applicable Law. This Agreement shall be construed in accordance with applicable Federal law and the substantive laws of the State of Delaware and the United States.

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18. Jurisdiction and Venue of Disputes. Any dispute relating in any way to your use of the Services or to products or services reviewed by us or otherwise sold or distributed through the Services shall be adjudicated exclusively in any state or federal court in Sussex County, Delaware.

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19. Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and we agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us with respect to the Services, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of the Company, and you do not have any authority of any kind to bind the Company in any respect whatsoever. You and we agree there are no third-party beneficiaries intended under these Terms.

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20. Services Policies, Modification, And Severability. Please review our other policies, such as our Privacy Notice and policies related to returns, refunds, and warranties. These policies also govern your use of the Services.

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We reserve the right to make changes to the Services, these Terms of Use, the Privacy Notice, and other site policies at any time. Each time you use the Services, you should visit and review the then current Terms of Use, Privacy Notice, and other site policies that apply to your use of the Services and any transactions made while using the Services.

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If any term, clause or provision of these Terms shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Terms or modified to make it no longer void, invalid or unenforceable. Further, such void, invalid or unenforceable terms, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Terms, and these Terms shall remain in full force and effect in all other respects.

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21. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may disable access to your Account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of Services or your Account, the following sections will survive: Content You Provide; Feedback & Public Posting; Unsolicited Ideas; Product Returns, Refunds and Warranty; Warranty Disclaimer; Limitation of Liability; Class Action Waiver; Indemnity; Applicable Law; and Jurisdiction and Venue of Disputes.

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22. Contact. You may reach us by mail at:

By e-mail: hello@sail.consulting
By USPS: Sail Consulting, 440 N Barranca Ave #3341, Covina, CA 917237.