TERMS AND CONDITIONS OF USE

Welcome to the Sage Steps, LLC’s website.

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT YOU HAVE READ AND ACCEPTED THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR DO NOT UNDERSTAND THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS SITE.

PRIVACY NOTICE

Please review The Sage Steps Privacy Policy, which also governs your visit to the Site.

THESE TERMS AND CONDITIONS MAY CHANGE

Sage Steps, LLC (“Company”) reserves the right to update or modify these Terms and Conditions at anytime without prior notice. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the Terms as changed. Therefore, please review these Terms whenever you use this Site.

LICENSE AND SITE ACCESS

You are granted limited access to the Site and may make personal use of this Site. You are not authorized to download from the Site (other than page caching) or modify the Site, or any portion of the Site, without the written consent of Company. This license does not grant you the ability to reproduce, duplicate, copy, publish, perform, lease, license, sublicense or sell any portion of the Site. You may not utilize any data mining, robots, or similar data gathering or extraction tools on this Site. Framing any content from this Site is prohibited without the express written consent of Company. Any unauthorized use terminates the permissions granted by this agreement. You are granted a limited, revocable and nonexclusive license to create a link to Company’s home page so long as the link does not display Company or its providers in a false, misleading, or offensive manner.

You agree not to use the Site: 1) in a manner that violates any law, rule, order, treaty, or other regulation, 2) to stalk, harass, or harm another individual or entity, 3) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, or 4) to interfere with the operation of the Site or otherwise disrupt the Site.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, images, data compilations and software is either the property of Company or its content suppliers and is protected by United States copyright laws.

If you suspect copyrighted material is being infringed:

Pursuant to the Digital Millennium Copyright Act (“Act”) it is Sage Steps LLC’s (“Sage Steps”) policy to respond to clear notices of alleged copyright infringement in accordance with 17 USC 512 (d) (and other relevant sections related to this particular subsection) of the Act . Our response to these notices may include expeditiously removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user’s accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may reply.

To file a notice of infringement with us, you must provide a written communication by regular mail (not email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the specified material is infringing your copyrights. Accordingly, if you are not sure whether the material infringes your copyright, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon by providing the URL of the web page that you believe contains infringing material and the identification of the copyrighted material being infringed.
2. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
3. Provide information, if possible, sufficient to permit Sage Steps to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
4. Include the following statements: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
5. Sign and date the paper.
6. Send the written communication to the following address:
   
   Sage Steps, LLC
   Attn: Legal Department, DMCA Complaints
   3773 Cherry Creek North Drive, Suite 575
   Denver, CO 80209
   

Reply from affected party:

Should Sage Steps receive a reply from the administrator of an affected site or the provider of affected content, we may reinstate the material in question.

To file a reply with us, you must provide a written communication by regular mail (not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that the described material is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter notification, please use the following format (including section numbers):

1. Identify the specific URLs or other unique identifying information of material that Sage Steps’ has removed or disabled access.
2. Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Denver County, Colorado if your address is outside of the United States), and that you or your appointed agent will accept service of process.
3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
4. Sign and date the paper.
5. Send the written communication to the following address:
   
   Sage Steps, LLC.
   Attn: Legal Department, DMCA Responses
   3773 Cherry Creek North Drive, Suite 575
   Denver, CO 80209
   

Right to terminate:

Sage Steps reserves the right to terminate the account of repeat infringers.

TRADEMARKS AND PATENTS

Company’s graphics, logos, page headers, scripts, and service names are service marks, and may represent pending registered trademarks. Company’s service marks, trademarks, and trade dress may not be used in conjunction with any service that is: 1) not offered by Company, 2) in any manner that is likely to cause confusion among customers, or 3) in any manner that disparages Company. All other trademarks, patents or service marks that are not owned by Company that appear on the Site are the property of their respective owners.

APPLICABLE LAW

All information posted on this Site is intended only for the United States market. By visiting this Site you agree that the laws of the state of Colorado, without regard to principles of conflicts of laws, will govern these Terms and any dispute of any sort that might arise between you and Company. The forum for adjudicating any claims shall be in the state or federal court in Denver, Colorado and you consent to exclusive jurisdiction and venue in such courts.

DISCLAIMER

Company makes no claims, promises, representations, warranties, or guarantees about the security, accuracy, currency, completeness, or adequacy of the contents on this Site. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING; BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUSES IS MADE. ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS.

COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, INCLUDING; BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF COMPANY HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

This Site may contain links to other completely independent web sites. Company makes no representations or warranty as to the accuracy, completeness, security, reliability, validity, or authenticity of information contained on web sites to which this Site may link. Persons who use this Site to link to other web sites acknowledge they do so at their own risk.

References made on this Site to any specific commercial products, processes, or services or the use of any trade, firm, or corporate name is for your information and convenience, and does not constitute endorsement or recommendation by Company.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Company from and against all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorney’s fees) that Company may incur as a result of or arising from your violation of these Terms. Comapny reserves the right to assume exclusive control of any matter otherwise subject to indemnification by you and you agree to cooperate with Company’s defense of such claim.

TERMINATION

Limited only by the terms and conditions stated in a separate, written, and fully executed Provider Agreement Company may suspend or terminate your ability to access this Site at any time for any reason and you may discontinue your access to the Site at any time.

Revised: August 18, 2010.