terms-of-service

Sadiant Terms of Service Agreement for reference:

Welcome to Sadiant, operated by Sadiant, LLC, located at 505 Pecan Street, Suite 202, Fort Worth, TX 76102, ("Sadiant," "we," or "our"). By using the website located at www.sadianthealth.com, the related mobile website, the mobile application called Sadiant (the “Mobile App”), and/or the software-as-a-service available for use at www.sadianthealth.com (collectively, the “Software”), you agree to be bound by these Terms of Service (this "Agreement"), whether or not you register as a member of Sadiant ("Member"). If you wish to become a Member and/or make use of the Sadiant service (the "Service"), please read this Agreement. If you object to anything in this Agreement or the Sadiant Privacy Policy, do not use the Software or the Service. This Agreement is subject to change by Sadiant at any time, effective upon posting on the Sadiant website. Your continued use of the Software and the Service following Sadiant’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

  1. Electronic Agreement.

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Software and the Service. This Agreement may be modified by Sadiant from time to time, such modifications to be effective upon posting by Sadiant on the Software. By accessing and/or using the Software or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

  1. Access and Retention.

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

  1. Eligibility.

You must be at least eighteen (18) years of age. By using the Software, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

  1. Commercial Use of Service. 

If you are using and/or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

  1. You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
  2. You have read and understand this Terms of Service; and
  3. You agree to this Terms of Service on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Service include, but are not limited to, collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Software attempting to impersonate another user or person, use of the Service in any fraudulent or misleading manner, any automated use of the system, such as scraping the Software, automated scripts, spiders, robots, crawlers, harvesting or data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service, and using the Service in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Service may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of Sadiant, which may be revoked at any time, for any reason, in Sadiant’s sole discretion.

  1. License for Mobile Application

Sadiant grants you, subject to your compliance with these Terms of Service, a limited, non-exclusive, non-transferable license to download and install a copy of the Mobile App. You may download the Mobile App on a single device (whether mobile or otherwise) to which you have exclusive control. We reserve all rights in and to the Mobile App which are not expressly granted to you under these Terms of Service. You are prohibited from running any version of the Mobile App on a jailbroken device.

You acknowledge and agree that new or updated versions of the Mobile App may include new or updated Terms of Service. Because new or updated versions of the Mobile App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the Mobile App may expose you to security risks, including without limitation a breach of your personal information.

  1. Account Security.

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Sadiant of any unauthorized use of your username or password or any other breach of security. Sadiant will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have it linked to your Sadiant account.

  1. Your Use of the Software
  2. You must not copy or capture, or attempt to copy or capture, any content from the Software or any part of the Software (the “Content”), unless given express permission by Sadiant.
  3. You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Service, except (i) where such Content is created and uploaded by you (“Your Content”), or (ii) as permitted under these Terms of Service.
  4. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Software’s offering.
  5. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  6. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent your activity on the Software, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Software.
  7. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Software or any Content appearing on the Software (other than Your Content).
  8. You must not, and must not permit any third party to, copy or adapt the object code of the Software, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Software, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  9. You must not use the Software to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
  • any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in Sadiant’s sole and reasonable discretion;
  • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
  • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Sadiant’s sole and reasonable opinion;
  • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Software or servers or networks forming part of, or connected to, the Software, or which does or might restrict or inhibit any other user's use and enjoyment of the Software; or
  • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
  1. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
  2. You must not rent, sell or lease access to the Software, or any Content on the Software.
  3. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  4. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Sadiant employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of any fees paid on the Software.
  5. You must not sell or transfer, or offer to sell or transfer, any Sadiant account to any third party without the prior written approval of Sadiant.
  6. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping. 
  7. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Sadiant; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of Sadiant’s servers, system or network or attempt to breach Sadiant’s data security or authentication procedures; attempt to interfere with the Software or the Services by any means including, without limitation, hacking Sadiant’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Sadiant under these Terms of Service, Sadiant reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that Sadiant has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.

Membership – Healthcare Professionals Terms

Effective Date: September 12, 2017.

These Healthcare Professional Terms of Service (the “HCP Terms”) are by and between Sadiant, LLC. and its affiliates, including but not limited to Sadiant Health, LLC. (collectively, “Sadiant”) and each Healthcare Professional (each being “HCP”) who is registered with Sadiant through www.sadianthealth.com (the “Site”) to provide Professional Services on behalf of Clients. Sadiant owns and operates the Site, which is an online platform connecting healthcare professionals seeking to provide healthcare services (the “Professional Services”) and healthcare facilities seeking to engage Healthcare Professionals to provide Healthcare Services (“Clients”).

  1. Account Registration and Suspension

The HCP must register with the Site by creating an account. HCP shall create an account by through the signup function in the app. The date that HCP creates an account shall be referred to herein as the “Registration Date.” HCP may suspend his or her account at any time by contacting Sadiant. Sadiant may suspend HCP’s account without notice to HCP if the HCP is not an employee of Sadiant.  Sadiant may suspend and account with notice to HCP if the HCP is an employee of Sadiant.  If HCP’s account is suspended, the account will no longer appear on the Site as visible to Clients, but such suspension will not terminate these HCP terms.

  1. Relationship of HCP and Sadiant

HCP agrees that no joint venture, partnership, employment, or agency relationship exists between Sadiant and HCP simply by virtue of HCP agreeing to abide by these HCP Terms or by HCP’s use of the Site.

In order to apply for or accept an engagement offering from a client through the Site, the HCP must be an employee of Sadiant.  ACCEPTANCE OF THESE TERMS IN NO WAY GUARANTEES EMPLOYMENT WITH SADIANT.  To become a Sadiant employee, please contact Sadiant directly or apply for a position through the Site.  

  1. Non-Solicitation.

HCP acknowledges and agrees that Sadiant has provided to HCP a valuable service in connecting HCP to Clients. In return, to the extent consistent with applicable state law, HCP shall not solicit or accept either a temporary engagement or permanent position directly with a Client, or an Affiliate of a Client, that was the subject of an Introduction to HCP for a period of one (1) year after the date of the Introduction unless the Client pays Sadiant an Temp to Perm Conversion fee, as may be defined in each Client’s agreement with Sadiant. For purposes of the HCP Terms, an “Affiliate” of a Client includes, but is not limited to, an organization or person that has any form of direct or indirect business relationship with such Client, any entity comprised of one or more owners of such Client, or any successor to or assignee of such Client. For purposes of the HCP Terms, an “Introduction” shall be deemed to have occurred when HCP or a Client has initiated contact with the other, regardless of whether the other responds and regardless of whether such contact ultimately occurred through the Site or otherwise, so long as the contact came about as result of the registration with or use of the Site by either the HCP or the Client.

  1. Severability; No Waiver.

If any provision of these HCP Terms is held to be contrary to Law, such provision shall be deemed valid only to the extent permitted by Law, and all other provisions shall continue in full force and effect. HCP’s failure to require performance of any provision shall not affect its right to require performance at any time thereafter, nor shall Sadiant’s waiver of any breach or default of these HCP Terms constitute a waiver of any subsequent breach or default.

  1. Governing Law

These HCP Terms are enforceable pursuant to and in accordance with the Laws of the State of Texas. Any dispute arising out of these HCP Terms shall be decided by a court of competent jurisdiction in Tarrant County, Texas.

  1. Headings

The subject headings of the sections of these HCP Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.

  1. ARBITRATION

Except as prohibited by Law, any dispute between Sadiant and HCP under these HCP Terms shall be resolved through binding arbitration in Tarrant County, Texas under the Federal Arbitration Act. Nothing in this arbitration provision is intended to prevent Sadiant or HCP from filing charges with state or federal agencies. HCP agrees that such arbitration shall be conducted on an individual basis only, not a class, collective or representative basis, and HCP waives any right to bring class-wide, collective or representative claims before any arbitrator or in any forum. HCP UNDERSTANDS THAT BY AGREEING TO ARBITRATE DISPUTES HCP IS WAIVING ANY RIGHT THAT HE OR SHE MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the rights of Sadiant or HCP’s right to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.

  1. Entire Agreement.

These HCP Terms and any employment agreement or order, if any, between HCP and Sadiant constitute the entire agreement between HCP and Sadiant relating to and governing HCP’s use of the Site and Sadiant’s relationship with HCP, superseding any prior agreements between HCP and Sadiant.

  1. Modifications

Sadiant may modify these HCP Terms with no notice to HCP. Sadiant includes the effective date of these HCP Terms at the top of the HCP Terms. Such modifications to these HCP Terms shall take effect, and be binding on HCP thirty (30) days after such notification.

  1. Membership – Client Terms

Effective Date: September 12, 2017.

  1. Account Registration.

Clients who wish to contact HCPs for Engagements through the Site shall have registered an account with Sadiant through the Site. Sadiant will create individual accounts, usernames and passwords for Representatives of the Client and their associated facilities.  Each representative of the Client will be identified as such in writing by an authorized manager or director of the client’s facility or facilities.

  1. Contract Terms.

Before engaging a Sadiant employee through the website, the Client must first agree to and execute a contract with Sadiant to provide Healthcare Services.  The terms of that contract will govern the Client’s use of the website and Sadiant app.

  1. Term. 

This Agreement will remain in full force and effect while you use the Software and/or Service. If you resign or cancel your membership to Sadiant, to help Sadiant analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. Sadiant may terminate your membership for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Sadiant. If Sadiant terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of any fees paid by you. All decisions regarding the termination of accounts shall be made in the sole discretion of Sadiant. Sadiant is not required to provide you notice prior to terminating your membership. Sadiant is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

  1. Modifications to Service.

Sadiant reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sadiant shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. Blocking of IP Addresses. 

In order to protect the integrity of the Services, Sadiant reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Software.

  1. Content on Sadiant

Sadiant retains all proprietary rights in the Software and the Service. The Software contains the copyrighted material, trademarks, and other proprietary information of Sadiant, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All Content on Sadiant is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Sadiant and for Sadiant Members' use only. Distribution of Content to others is strictly prohibited. You agree that Sadiant would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Sadiant shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the Content appearing on Sadiant may be supplied by third parties. Sadiant has no responsibility for these third-party websites nor for their Content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third-party content providers.

  1. Restrictions on Use of Materials

You acknowledge that Sadiant contains Content (including, without limitation, audio, video, images and text) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and Sadiant owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on the Software are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

  1. Repeat Infringers

Sadiant will suspend or terminate your access to the Software if Sadiant determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Sadiant at its sole discretion.

  1. Limitation of Liability. 

In no event shall Sadiant be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Software or Service, or use thereof. Nothing contained in this Software or in any written or oral communications from Sadiant or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Software and the services provided by employees of the Software are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Sadiant makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Software’s content or that the functionality of the Software will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of this Software and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL SADIANT, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE SOFTWARE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SOFTWARE, EVEN IF SADIANT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SADIANT HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, SOFTWARE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA (INCLUDING WITHOUT LIMITATION DUE TO A SECURITY BREACH OR FAILURE), LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SADIANT HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Sadiant and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Software or the Service shall be limited to monetary damages that in the aggregate may not exceed $500.00.

  1. Indemnity by You.

You agree to indemnify and hold Sadiant, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:

  1. your use of the Service and/or Software in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
  2. any third-party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Software, and/or your making available thereof to other users of the Software, and/or the actual use of Your Content by other users of the Software or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Sadiant
  4. Attorney Fees.

In the event that Sadiant is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for Sadiant’s attorneys' fees and costs.

  1. Terms for the Mobile App for iOS

You acknowledge and agree that this Terms of Service is between you and Sadiant only, and that Apple is not a party to these Terms of Service. Sadiant, not Apple, is responsible for the Mobile App and its contents. 

You must not use the Mobile App for iOS except on an Apple-branded product that is running iOS. Any use of the Mobile App by you must comply with the relevant Terms of Service for the Apple Source from which you obtained it (including, without limitation, the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge and agree that Apple does not have any obligation to furnish you with maintenance and/or support services with respect to the Mobile App.

You further acknowledge and agree that Apple is not responsible for addressing or resolving any claims by you or a third party relating to your use and/or possession of the Mobile App, including, but not limited to, warranty or liability claims, claims that the Mobile App fails to conform to a legal or regulatory requirement, consumer protection or similar claims, or claims that the Mobile App infringes the intellectual property rights of a third party (including, without limitation, trademark, copyright, and/or patent rights).

Any claims, losses, liabilities, damages costs or expenses relating to a failure to conform to any warranty shall be Sadiant’s responsibility, to the extent allowable by these Terms of Service. It is important that you read the entire Terms of Service, as other sections of these Terms of Service limit our liability.

Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. By accepting these Terms of Service, you acknowledge and agree that Apple shall have the right (and will be deemed to have accepted that right) to enforce the Terms of Service against you as a third-party beneficiary. Apple is the sole third-party beneficiary and there are no other third-party beneficiaries of the Terms.

  1. Privacy.

Use of the Software and/or the Service is also governed by our Privacy Policy, located at https://Sadianthealth.com/privacy-policy.

  1. Jurisdiction and Choice of Law; Dispute Resolution. 

If there is any dispute arising out of the Software and/or the Service, by using the Software and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Texas, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Texas with the same force and effect as if such service had been made within the State of Texas. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

  1. No Class Action. 

Except where prohibited by law, as a condition of using the Software and/or Service, you agree that all disputes, claims and causes of action arising out of or connected with the Software and/or Service, shall be resolved individually, without resort to any form of class action, in the courts of the State of Texas, County of Tarrant, or in the U.S. District Court for the Eastern District of Texas.

  1. No Third-Party Beneficiaries. 

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

  1. Availability Outside the U.S.

If you access Sadiant from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Software from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

  1. Entire Agreement

This Agreement contains the entire agreement between you and Sadiant regarding the use of the Software and/or the Service.

  1. Severability; Waiver

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, Sadiant’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect Sadiant’s ability to enforce such term at any point in the future.

  1. Headings

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

Sadiant is a trademark of Sadiant, LLC.