OWNERSHIP OF SAAU. saasa.ch (SAAU) is a trading style of Swiss American Academy SA. of 35 Route de Belvedere, 1854 Leysin, Switzerland (saasa.ch)
SAAU. Any references herein to SAAU shall constitute a reference to any business operated under the SAAU name together with any subsidiary or affiliated entity.
DUE DILIGENCE. SAAU does not vet SAAU members nor does it carry out due diligence into 3rd party services. Users of SAAU must carry out their own due diligence before disclosing any information to or trusting any party or transacting any business and the level of due diligence should not be lowered by reason of having found any contact or any offer for goods or services via SAAU.
LICENSE. If you are 18 years of age or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access SAAU in compliance with the TOU for as long as you remain a member of SAAU. Unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from SAAU. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with SAAU, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
MODERATION. You agree that we may moderate SAAU access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree:
- Not to bypass said moderation
- That we are not liable for moderating, not moderating, or any representations as to moderating, and
- Nothing we say or do waives our right to moderate, or not
DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
TO THE EXTENT PERMITTED BY LAW.
- We make no promise as to SAAU, its completeness, accuracy, availability, timeliness, propriety, security or reliability
- Your access and use are at your own risk, and SAAU is provided “AS IS” and “AS AVAILABLE”
- We are not liable for any harm resulting from
- User content
- User conduct, including illegal conduct
- Your SAAU use
- Our representations
- Use of collated and / or recommended services
- SAAU AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, SERVANTS & AGENTS DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- SAAU AND ITS SUBSIDIARIES, AFFILIATES, OWNERS, OFFICERS, DIRECTORS, SERVANTS & AGENTS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL).
- IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE LESSER OF $100 OR WHAT YOU PAID US IN THE PAST YEAR.
CLAIMS. You agree:
- Any claim, cause of action or dispute (“claim”) arising out of or related to the TOU or your SAAU use is governed by Swiss (“CH”) law regardless of your location or any conflict or choice of law principle.
- Claims must be resolved exclusively by the applicable court in Switzerland (except that we may seek injunctive remedy anywhere).
- To submit to personal jurisdiction of said courts.
- Any claim must be filed by 1 year after it arose or be forever barred.
- Not to bring or take part in a class action against SAAU or its subsidiaries, affiliates, owners, officers, directors, servants & agents.
- To indemnify SAAU and its subsidiaies, affiliates, owners, officers, directors, servants & agents for any damage, loss, and expense (e.g. legal fees) arising from claims related to your SAAU use.
- You are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network).
- To pay SAAU for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
MISC. This is the exclusive and entire agreement between us. If a TOU term is unenforceable, other terms are unaffected. If TOU translations conflict with the English version, English controls.