Terms of Service
Effective Date: March 12, 2024
Welcome to Sente, Inc.’s digital platforms, including our websites and apps! We’re excited to offer our diverse range of content and services to you. As you embark on exploring what we have to offer, we highly recommend that you familiarize yourself with our Terms of Service to ensure a clear understanding of the mutual expectations during your visits and interactions with our digital properties.
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) WITH CARE. THIS DOCUMENT IS A BINDING LEGAL CONTRACT BETWEEN YOU (“USER”) AND SENTE, INC. (“COMPANY,” “WE,” “OUR” OR “US”).
By utilizing any of our websites or applications that directly link to this Agreement, registering an account, or engaging with our content, services, features, or resources (collectively known as the “Services”), or by clicking to accept or agree to this Agreement when this option is made available to you, you (1) consent to be bound by this Agreement and any future modifications that may be made, which will be shared via the Services; (2) assert that you are of legal age to form a binding contract in your place of residence; and (3) declare that you have the legal authority to accept this Agreement personally or on behalf of any entity you represent. If you disagree with any part of this Agreement, you should refrain from accessing or using the Services. We reserve the right to update this Agreement or its Service-related policies at any time, with changes taking effect once posted on the Services. Regularly reviewing this Agreement is advised, as continued use post-update indicates acceptance of the changes.
1. Account Management
1.1. Account Creation:In creating or registering an account for any of our Services, including subscriptions or other paid services (“Account”), you commit to providing truthful, accurate, current, and complete information (“Registration Data”). You are obliged to update your Registration Data promptly should there be any changes, such as to your name, payment details, email, or postal address. Access to our Services is not permitted for individuals who are legally barred or suspended from using them. Additionally, holding more than one Account for the same service at any one time is prohibited. You are responsible for all activities under your Account and must not share your password or Account with anyone. Immediate notification to the Company is required if there’s unauthorized use of your password or any breach of account security.
1.2. Subscriptions: By subscribing to a Company publications or Services with recurring charges, you agree to maintain up-to-date payment and contact information to ensure uninterrupted service delivery and billing. In the event of a billing issue, we may attempt to update your payment information with your bank or card network. The terms presented at the time of subscription will govern your purchase, incorporated into this Agreement by reference.
1.3. Sponsored and Affiliate Content: Our Services may include content linking to third-party websites, from which we may receive compensation upon your interaction or purchase. By engaging with these links, you acknowledge leaving the Company’s digital environment and entering a third-party site outside our control.
1.4. Lead Generation: Certain Services may offer the chance to be contacted by third parties for specific services. By submitting your contact details, you consent to be contacted by these parties, understanding that the Company bears no responsibility for the products or services provided.
1.5. Competitions and Promotions: All Company-hosted sweepstakes, contests, and promotions are governed by their respective official rules, which form part of this Agreement by reference.
1.6. Account Termination: The Company retains the right to delete or reclaim usernames at any time for any reason. Your Account does not constitute personal property or interest, and all rights to the Account are held by the Company.
1.7. Privacy Practices: The Company’s commitment to your privacy is outlined in our Privacy Policy, which details the handling of Registration Data and other information provided by you or collected by us, and is hereby incorporated into this Agreement by reference.
2. User Contributions
2.1. Content Responsibility: As a user of the Company’s Services, you acknowledge and agree that all content generated by users, other than content directly provided by the Company, whether shared publicly or privately through our Services, is solely the responsibility of the user who originated it. This means you are fully responsible for all content you provide to the Company, whether uploaded, posted, emailed, transmitted, or otherwise made available through the Services, including submissions of ideas, suggestions, documents, and proposals (“User Content” OR “Your Content”). The Company is under no obligation to monitor User Content but reserves the right, at its discretion, to review, screen, refuse, or remove any content, while also reserving the right to disclose any information as necessary to comply with any law, regulation, or governmental request.
2.3 Your Content Ownership:the Company does not claim ownership of the User Content you post or make available through the Services. By sharing Your Content on the Services, you affirm that you hold all necessary rights to grant the Company the license as described in Section 2.3. You retain all rights to Your Content, with no claim by the Company on any content you do not personally provide.
2.3. Licensing Your Content: By posting or making Your Content available through our Services, and subject to any preferences or agreements you may specify or enter, you grant the Company, its agents, suppliers, and authorized entities, a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any form, medium, or technology now known or later developed. This includes the right to use any proprietary rights in Your Content, like copyright, trademark, patents, or other intellectual property rights under any jurisdiction, and relinquishes any “moral rights” you may hold in Your Content. This license also allows the Company to identify you as the content’s author in a manner it sees fit. You agree not to expect compensation for the use of Your Content. Be mindful of the personal information you share in public areas of the Services, as Your Content may be accessible and used by others.
2.4. Ratings and Reviews: User-generated ratings and reviews do not reflect the opinions or endorsements of the Company and are not liable for any direct or indirect losses caused by these ratings and reviews. Users are urged to post ratings and reviews based on direct experiences and to avoid conflicts of interest. the Company reserves the right to remove ratings and reviews that compromise the integrity of the feedback system or violate this Agreement.
2.5. Conduct Restrictions: You commit to not using the Services for any unlawful purposes or in a manner that is prohibited by this Agreement. You shall not, nor permit others to, engage in actions or share content that infringes on intellectual property, is illegal, threatening, abusive, defamatory, invasive of privacy, or otherwise objectionable. This includes avoiding unauthorized advertising, impersonation, or any behavior that could violate the spirit of this Agreement or the Service’s intended use. You are solely responsible for your actions and the content you share.
3. Rights in Services and Content
3.1 Services Use Rights: Except for User Content, the Company, along with its licensors, retains all rights, titles, and interests in the Services, protected under copyright and other intellectual property laws globally. This Agreement provides you with a limited, non-commercial, personal use license for the Services. This license also applies to any updates, enhancements, or additions to the Services, with all rights not explicitly granted here being reserved by the Company, its suppliers, and service providers.
3.2. Trademark Information: The Company name, logos, and any other the Company service marks, as well as the look and feel of the Services, are trademarks of the Company. Unauthorized use of these trademarks for any product or service is prohibited. Trademarks not owned by the Company that appear on the Services are the property of their respective owners. You agree not to alter or obscure these trademarks or any related notices.
3.3. Service Use Restrictions: You are prohibited from the following:
(a) Licensing, subletting, selling, transferring, reproducing, distributing, hosting, or commercially exploiting the Services;
(b) Framing or using framing techniques to enclose any part of the Services without explicit permission;
(c) Utilizing hidden text or metadata with the Company’s trademarks without permission;
(d) Altering, translating, adapting, merging, creating derivative works, decrypting, disassembling, or reverse engineering any part of the Services, except as allowed by law;
(e) Employing bots, spiders, mining, or scraping tools to harvest data from the Services, except for public search engine use as permitted;
(f) Using Service data to develop any software or other technology;
(g) Creating or maintaining a similar or competitive service to the Company;
(h) Copying, reproducing, distributing, republishing, downloading, displaying, posting, or transmitting any part of the Services in any form not expressly permitted by this Agreement;
(i) Removing or modifying any copyright notices, trademarks, or proprietary rights notices in or on the Services or infringing on any third party’s rights;
(j) Violating any applicable laws through the use of the Services;
(k) Attempting unauthorized access to the Services or related systems and networks;
(l) Interfering with the proper working of the Services, including any prohibitive actions against other users’ enjoyment of the Services;
(m) Introducing harmful code, overloading, spamming, or engaging in disruptive attacks on the Services.
Violation of these restrictions may result in immediate termination of the licenses granted by this Agreement.
3.4. Third-Party Links: The Services may include links to external sites or resources (“Third-Party Links”), for which the Company is not responsible. These links are provided as a convenience, without endorsement or guarantee of safety or accuracy. Your use of Third-Party Links is at your own risk.
3.5. Embedded Video Use: If you embed videos from our Services, you must not alter the video and only use the provided HTML code. Embedded videos may be used commercially provided they are not part of a paid access service, used to train AI systems, or accompanied by unauthorized advertising. The embedding page must include significant additional content not provided by the Company to justify any commercial activities. You agree to not modify the Player provided by the Company and to indemnify the Company for any liabilities arising from your use of the Embedded Video.
4. Indemnification and Limitations of Liability
4.1. Indemnity Obligation: You agree to protect, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, costs, liabilities, and expenses (including reasonable attorney fees) related to or arising from: (a) any infringement of third-party rights, including intellectual property rights, by your content; (b) your improper use of the Services; (c) your breach of this Agreement; (d) your infringement of any rights of another entity, including other users; or (e) your breach of any applicable laws, regulations, or rules. the Company reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you, in which case you will provide full cooperation.
4.2. No Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES, INCLUDING ANY PRODUCTS MADE AVAILABLE THROUGH THE SERVICES, IS ENTIRELY AT YOUR OWN RISK. THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” COMPLETE WITH ANY AND ALL FAULTS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE, ALONG WITH OUR AFFILIATES, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES RELATED TO THE SERVICES’ OR PRODUCTS’ AVAILABILITY, PLAYABILITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, COMPLETENESS, AND USEFULNESS, AS WELL AS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE TAKE NO RESPONSIBILITY FOR ANY DELAYS, DELETIONS, MIS-DELIVERIES, OR FAILURES TO STORE COMMUNICATIONS, PERSONAL SETTINGS, OR CONTENT. WE ALSO DO NOT GUARANTEE THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ANY RELIANCE ON DATA OR INFORMATION OBTAINED THROUGH OUR SERVICES OR PRODUCTS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS. IT IS IMPORTANT TO UNDERSTAND THAT WE DO NOT PROVIDE LEGAL, MEDICAL, ACCOUNTING, COUNSELING, OR ANY FORM OF PROFESSIONAL ADVICE THROUGH OUR SERVICES OR PRODUCTS. THEY ARE NOT INTENDED TO REPLACE PROFESSIONAL ADVICE OR SERVICES. ALWAYS SEEK THE GUIDANCE OF QUALIFIED PROFESSIONALS FOR ANY QUESTIONS REGARDING PERSONAL HEALTH, BUSINESS, FINANCIAL, OR LIFESTYLE DECISIONS. BE AWARE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PARTS OF THESE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, PROVIDING YOU WITH ADDITIONAL RIGHTS.
4.3. Limitation on Damages: TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES DAMAGES OR COSTS RESULTING FROM LOSS OF DATA, PRODUCTION, OR USE, INTERRUPTIONS IN BUSINESS, OR THE NEED TO OBTAIN SUBSTITUTE GOODS OR SERVICES. THIS EXCLUSION APPLIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4. Liability Cap: IN NO EVENT SHALL THE TOTAL LIABILITY OF US AND OUR AFFILIATES TO YOU SURPASS THE LARGER AMOUNT BETWEEN (A) THE TOTAL SUM YOU HAVE PAID TO US WITHIN THE TWELVE MONTHS BEFORE THE ACTION, OMISSION, OR EVENT THAT RESULTED IN THE LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMIT ON LIABILITY DOES NOT COVER DAMAGES RELATED TO DEATH, PHYSICAL PROPERTY DAMAGE, OR PERSONAL INJURY RESULTING FROM OUR GROSS NEGLIGENCE, NOR DOES IT APPLY TO ANY DAMAGES ARISING FROM OUR FRAUD OR WILLFUL MISREPRESENTATION
4.5. Agreement Foundation: THE DAMAGE LIMITATIONS MENTIONED ABOVE ARE CRUCIAL TO THE AGREEMENT BETWEEN YOU AND US REGARDING YOUR ACCESS AND USE OF THE SERVICES.
4.6. Legal Exclusions: SOME STATE LAWS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS ARE APPLICABLE TO YOU, THEN THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MIGHT NOT APPLY TO YOU, GIVING YOU ADDITIONAL RIGHTS.
4.7. Post-Termination: The terms under this section remain in effect even after the termination of your Account, this Agreement, or your access to the Services.
5. General Terms
5.1. Information Disclaimer: The content available through the Services is for informational purposes only and is provided “as is” without any warranties of accuracy, reliability, or completeness. the Company is not liable for any errors, omissions, or inaccuracies in the content or for any reliance placed on this information. It is your responsibility to verify any information before relying on it for personal use.
5.2. Service Modification and Termination: the Company reserves the right to modify, suspend, or discontinue the Services at any time, for any or no reason, with or without notice, and without liability. We may also restrict, suspend, or terminate your access to the Services at our discretion. Legal actions, including civil, criminal, or injunctive redress, may be pursued for violations.
5.3. Copyright Infringement Claims: If you believe that your copyright has been infringed upon by content on the Services, please contact Sente, Inc., Attn: General Counsel, 2175 NW Raleigh Street, Suite 360, Portland, OR 97210 or [email protected] with detailed information about the infringement. the Company adheres to a policy of terminating services for repeat infringers in appropriate circumstances.
5.4. Electronic Communications: By using the Services, you consent to receiving electronic communications from the Company and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5.5. Notices: You are responsible for keeping your email address current. If the last email address you provided is not valid, notices sent to that address will nonetheless constitute effective notice.
5.6. Governing Law: This Agreement is governed by the laws of the State of Oregon, without regard to conflict of law principles. All claims related to this Agreement will be litigated exclusively in the state courts in Multnomah County, Oregon, or federal courts located in the District of Oregon.
5.7. International Use: The Services are controlled within the United States and are not intended for use outside of it. You are responsible for compliance with local laws if accessing the Services from other locations.
5.8. Export Control: You agree to comply with U.S. export laws and not to transfer the Services to prohibited countries or individuals under U.S. law.
5.9. Entire Agreement: This Agreement constitutes the complete agreement between the parties regarding its subject matter, superseding all prior agreements. No waiver of any agreement term is considered a further or continuing waiver of such term or any other term.
5.10. Contact Information: For questions, complaints, or permissions related to the Services, please contact [email protected].
5.11. Additional Consumer Information: In accordance with Oregon’s Unlawful Trade Practices Act (O.R.S. 646.605-646.656), you may report complaints to the Oregon Department of Justice, Consumer Complaints, at 1-877-877-9392 or [email protected].
