Version Effective August 1, 2022
The following policy governs your access to and use of the Saguaro Technology, Inc. website (“Site”):
NATURE OF AGREEMENT; FORMATION
Welcome to Saguaro Technology. By accessing and using this Site, you, the user, agree to be bound by the terms and conditions set forth below (“Agreement”). If you do not wish to be bound by this Agreement, or do not have the legal capacity to enter into this Agreement, please do not access this Site.
We are pleased that you have chosen to visit our Site. We hope that you will find your visit informative and that you will contact us with your questions and comments. To get in touch with Saguaro, please click on the “Contact Us” channel, and complete the dialog boxes next to “Get in Touch,” and then Submit it. Or to apply for a position with the Saguaro Tech family of companies, please click on either the “Careers” or the “Contact Us” channel (if you click on “Contact Us”, then click on the ”View our job openings” link), in either case you will see a list of current job openings, and then click on the “apply now” link. Then complete the “Apply for a job” dialog box and Submit it.
APPLICABLE LAW AND JURISDICTION
This Site was developed in the United States and its content is controlled by Saguaro Technology, Inc. (“Saguaro Technology” or “us”) in the US. Saguaro makes no representation that information, images or other content appearing on this Site or used in its generation or in the generation of any text, sound, graphics or other imagery appearing or used on the Site (collectively, “Content(s)”) is appropriate or available for use in other locations. If you choose to access this Site from such other locations, you do so on your own initiative and you are responsible for compliance with applicable law. This Agreement and any claim relating to the Contents shall be governed by the laws applicable in the State of California, USA, excluding its provisions on conflicts of law, to the maximum extent permitted by applicable law. You and Saguaro Technology each agree to submit to the personal and exclusive jurisdiction of the federal courts located in the Central District of California, and the state courts located in Los Angeles County.
AGREEMENT AND SITE MODIFICATIONS; ACCESS; DENIAL
Saguaro Technology reserves the right at any time to modify the terms of this Agreement by updating this Agreement. You should review this Agreement periodically to be aware of such modifications and your continued access shall be deemed your conclusive acceptance of this Agreement as modified. Saguaro Technology further reserves the right at any time without notice and for any reason, to alter, add, update or remove any Contents on this Site. You acknowledge and agree that we may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we, in our sole and absolute discretion, believe to violate any of this Agreement, violate the rights of Saguaro Technology or its personnel, or is otherwise inappropriate for continued access.
You agree to indemnify and hold Saguaro Technology and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or any users of your account or related to any violation of this Agreement by you or any users of the Site.
COPYRIGHTS AND OTHER PROPRIETARY MATTERS
Saguaro Technology, unless otherwise indicated on the Site, does not grant you a license to any Contents you may access via the Site, including without limitation any trademarks, registered trademarks, service marks, copyrightable material or any other intellectual property included in or on the Site. The information, data, designs, graphics, logos, sounds and other items used or appearing on this Site are proprietary to Saguaro Technology and/or its suppliers and licensors. Unless otherwise indicated on given pages or portions of this Site, you may use, copy and distribute information appearing in text form on this Site, provided that the Saguaro Technology copyright notice (appearing at the bottom of this page) and express attribution to “Saguaro Technology” shall appear in all such copies. All other rights of Saguaro Technology and its suppliers and licensors are hereby expressly reserved. Further, this Site may contain other proprietary notices and instructions, the terms of which you also agree respectively to abide by and follow.
POLICY CONCERNING PRIVACY RIGHTS
Personal Information Collected. This Site presently collects personal information (sometimes called personal data or personally identifiable information/PII, collectively “personal information”) from you in two limited scenarios. (1) We make it possible for you to communicate with us on any subject, especially if your company thinks it could take advantage of our business-critical software engineering expertise, by contacting us via the dialog boxes found on the “Contact Us” channel under “Get in Touch.” There the only information required to communicate with us is your name and email address. We also give you the opportunity to provide your company name, phone number and to enter a message so we understand what you are seeking. (2) We make it possible for you to apply for a position at Saguaro Technology, by contacting us via the “Contact Us” channel, clicking on “View our job openings,” and then clicking on “apply now” link. There you can complete the “Apply for a job” dialog box, by providing your first name, last name, email address, phone number, current employer, the job you are applying for and where you learned about the job, as well as uploading a resume and providing any comments. You then have the opportunity to direct how we use your personal information, and to ask us to delete it. If you choose to communicate with us under either scenario, you do so of your own initiative; your submission of the personal information listed above is only done if you choose to do it for the purpose you indicate: either you are interested in Saguaro Technology’s services, or you are interested in a position with us.
As indicated above, Saguaro Technology may from time to time request that you provide certain information about yourself and your business. In addition, Saguaro Technology may also solicit this information in connection with inviting your comments on matters of interest to Saguaro Technology, including how Saguaro Technology might better serve your needs and the needs of its clients generally. You are always free to decline to provide such information. By providing such personal information, you agree that Saguaro Technology shall have the nonexclusive right to use such information for the business purposes set forth above, and for any other any legitimate business purpose, including disclosing such information to its affiliates and related third parties (subject to applicable privacy law). You further agree that Saguaro Technology shall have the right from time to time to electronically collect, through the use of “cookies” and similar means, for its own business purposes and that of its affiliates, statistical data not identified to any person, such as data showing the number of times this Site or a particular area on this Site was accessed, and for how long. If you have questions concerning this policy or its implementation, we encourage you to contact us for more information.
Privacy Rights under Applicable Law. With respect to California residents’ personal information under the California Consumer Privacy Act, we grant such consumers whose personal information the rights to set forth below required by the CCPA, and if you are resident in the European Economic Area, the United Kingdom or Switzerland, certain rights under the General Data Protection Regulation of the European Commission (GDPR). Your rights under such laws if applicable to your personal information include: the right to access such personal information, the right to rectification, the right to erasure, the right to restrict processing, the right to object to processing, the right to data portability, the right to complain to a supervisory authority and the right to withdraw your consent. In the case of a personal data breach, we shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, provide notice as required by applicable law, which depending on the breach, may require notification to the responsible supervisory authority, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. We do not see your personal information/data.
Saguaro Technology does not want to receive confidential or proprietary information from you through this Site, whether by email or otherwise. Any material, information, ideas, concepts, know-how, techniques, feedback or other communications you transmit to us or post to this Site (collectively “Feedback”) will conclusively be deemed non-confidential and non-proprietary (excluding your personal information) and you agree that Saguaro Technology will have no obligation to you with respect thereto. By sending Saguaro Technology any such Feedback, you grant Saguaro Technology a nonexclusive, unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such Feedback in any medium now existing or hereafter devised, and for any purpose. Finally, you agree that any material, information or other communications that you send to Saguaro Technology will be true and accurate and will not violate the legal rights of others.
If you submit any comments or information through the Site (e.g., in the dialog box you fill out if you are interested in Saguaro Technology’s software engineering capabilities for your potential benefit, or if you are applying for a position with us), or in connection with any Feedback that you provide to Saguaro Technology, it is important that any such information not violate the following restrictions:
You may not: (i) upload, post, publish, transmit, reproduce, e-mail, or distribute in any way, through the Site any information which is protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, without obtaining the express written permission of the copyright, trademark or patent owner or other rights holder; or (ii) upload, post, publish, reproduce, e-mail, transmit or distribute in any way, any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (iii) upload, post, publish, reproduce, e-mail, transmit or distribute in any way via the Site or otherwise any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or (iv) upload, post, publish or transmit via the Site any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, false, harassing, tortuous, vulgar, invasive (of another’s privacy), hateful, or racially, ethically or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that may constitute illegal activity, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export laws and regulations; or (v) restrict, interfere with, or inhibit any other user from using and enjoying the Site; or (vi) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or engage in spamming or flooding; or (vii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (viii) post or transmit any information or software onto the Site which contains a virus, trojan horse, worm or other harmful component; or (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; or (x) intentionally or unintentionally violate any applicable local, state, national or international law.
LINKS TO THIRD-PARTY WEBSITES
Linked third-party websites are not under the control of Saguaro Technology and we are not responsible for the contents of any linked website or for any link contained in a linked website. When you access a third-party (i.e., non-Saguaro Technology) website, even one that may contain Saguaro Technology’s trade name or mark, or that frames a Saguaro Technology Site webpage, such website is not owned or operated by us; Saguaro Technology has no control over its contents. In addition, a link to a third-party website does not imply any endorsement by Saguaro Technology. We do not accept any responsibility for the contents or the use of any third-party website(s) or of the companies, products, or services featured or mentioned on such website(s). If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk.
By using the Site, including any Contents contained therein, you agree that your use of the Site is entirely at your own risk. The Site is provided to you as a convenience to provide information relating to, and to discuss, Saguaro Technology, its services and related resources, but we do not guarantee the accuracy or completeness of such information. THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SOFTWARE, TOOLS, SERVICES, OR UNINTERRUPTED ACCESS. SPECIFICALLY, THE SITE DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, USEFULNESS, TIMELINESS, OR SECURITY OF INFORMATION OR CONTENT; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA, RECORD OR CONTENT, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAGUARO TECHNOLOGY THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SAGUARO TECHNOLOGY, ITS PRINCIPALS, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, SUBCONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAGUARO TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF: (i) YOUR USE OF THE SITE, (ii) INABILITY TO GAIN ACCESS TO OR USE THE SITE, (iii) UNAUTHORIZED ACCESS TO OR MODIFICATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF SAGUARO TECHNOLOGY OR ANY THIRD PARTY ON THE SITE, OR (v) ANY BREACH OF ANY WARRANTY.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF SAGUARO TECHNOLOGY, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Further, Saguaro Technology assumes no responsibility and you agree that Saguaro Technology shall not be liable for any damages to your computer or related equipment or other property on account of any viruses, worms, Trojan horses or other destructive or corrupted data, files, text, images, video, audio or downloads from this Site or from any linked site or caused by the use of same.
Copyright © Saguaro Technology, Inc. 2022