Sage Truck Driving Schools Privacy Policy
Effective: October 10, 2024
Last Reviewed: October 10, 2024
Welcome to the Sage Truck Driving Schools Privacy Policy (the “Policy”). For purposes of this Policy, the terms “Sage”, “we,” “us,” and “our” refer to Sage Truck Driving Schools; “you” or “your” refers to you, as a user of our educational services, including any use of our websites, software applications, and mobile apps, whether operated by us or on our behalf (“Services”). It is important that you read this Policy together with any other privacy notice we may provide on specific occasions when we are collecting or processing your Personal Information so that you understand how and why we are using your data. This Policy supplements those other notices and is not intended to override them.
This Policy describes:
- Personal Information We Collect;
- How We Collect Your Personal Information;
- How We Use Your Personal Information;
- How We Disclose Your Personal Information;
- California Privacy Rights;
- Changes to the Policy; and
- Questions About This Policy
PERSONAL INFORMATION WE COLLECT
“Personal Information,” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to any individual or a household. It does not include anonymous or aggregated data that cannot be associated with an individual or household.
We may collect, use, store and transfer different kinds of Personal Information about you, which we have grouped together as follows:
- Identifiers such as first name, maiden name, last name, alias, username or similar unique personal identifier, student ID, account name, online identifier, mailing address, email address, telephone numbers, physical characteristics or description, criminal background status, date of birth, place of birth.
- Educational Information such as educational records that contain information directly related to a student and which are maintained by an educational institution or agency or party acting for the institution or agency.
- Financial Information such as student financial aid information, tax information, bank account number, credit or debit card number, and account balance and payment details.
- Commercial Information such as details about payments to and from you, other details of products and services you have purchased from us, or purchasing or consuming tendencies or histories.
- Characteristics of protected classifications under California or federal law, such as race, color, sex/gender, marital status, tribal affiliation, national origin, disability status, military or veteran information, and age.
- Professional or Employment-Related Information such as your education, training, prior work experience, references, certificate, licensure, or other professional information, military affiliation and status, and post-graduation employment and earnings.
- Audio and Visual Information such as digital photographs and videos.
- Internet and other electronic network activity information such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Services.
- Usage Data includes information about how you use our Services.
- Marketing and Communications Information such as marketing campaign data, click throughs, your preferences and consent in receiving marketing from us and our third parties, email and text communications, and your communication preferences.
Sensitive Personal Information. We collect Personal Information that is defined as “Sensitive Personal Information” under California law, including driver’s license, state identification card number, passport number, social security numbers, race or ethnic origin, and health information. We do not use or disclose Sensitive Personal Information for any business purposes other than as permitted by law, including to providing good and services, verifying your information, processing payments, providing financial aid, ensuring security and integrity, and/or as permitted by further regulations.
We may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your Personal Information but is not considered Personal Information as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this privacy notice.
Retention. For each of these categories of Personal Information, we will retain the information as long as is reasonably necessary to fulfill the purpose for which it was collected, to comply with applicable laws and regulations, and/or to support any claim, defense, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel.
Information You Provide To A Third Party. The Services may include links and plug-ins to websites operated by third parties such as X, Facebook, and Instagram buttons (“Third-Party Sites”). Sage does not control any Third-Party Sites and is not responsible for any information they may collect. The information collection practices of a Third-Party Site are governed by its privacy policy. It is your choice to enter any Third-Party Site. We recommend that you read its privacy policy if you choose to do so.
Children’s Privacy. The Services are intended for adult use only and is not directed towards children, minors, or anyone under the age of 16. If you are under the age of 13, you are not authorized to provide us with any Personal Information. If the parent or guardian of a child under 13 believes that the child has provided us with any Personal Information, the parent or guardian of that child should contact us at the email address below and ask to have this Personal Information deleted from our files.
HOW WE COLLECT YOUR PERSONAL INFORMATION
We may collect Personal Information from a variety of sources and methods. This includes:
Information You Voluntarily Provide to Us
You may give us your Personal Information by filling in forms, enrolling in one of our educational programs, or by corresponding with us by post, phone, text, email or otherwise. This includes Personal Information you provide when you:
- Submit a Request for Information form
- Submit a Contact Us form
- Use the chat feature on our website
- Call, email, or text us
- Apply to enroll and/or enroll in one of our educational programs
- Request a student ID
- Register for classes
- Apply for financial aid
- Request a transcript, diploma, or education verification
- Create a student account, including a student portal, LMS or other account
- Order or purchase educational or other products and services
- Attend our courses, programs or other events where we collect information about you
- Submit a review or student testimonial
- Use one of our career resources
- Use one of our online learning management, student portal, or other interactive tools
Information We Collect When You Use Our Services
Automated technologies or interactions. As is true of most websites, we receive and store certain types of Personal Information whenever you interact with us online. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. When you access and use our Services from your mobile devices, we receive data from that mobile device. This may include your device ID, location data, IP address and device type. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.
Cookies. Cookies are small files that we or our service provider transfers to your computer’s hard drive through your web browser that enables us or our service provider’s systems to recognize your browser and capture and remember certain information. We use cookies to help us understand how users use the Services. For example, cookies gather information about how long you spend on a web page so that we can understand what web pages are of most interest to users. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings. For more information about cookies and about turning off cookies, please see: http://www.allaboutcookies.org/manage-cookies/stop-cookies-installed.html. If you turn off your cookies, some of the features of the Services may not function properly.
Information We Collect From Third Parties
We collect Personal Information from various third parties, including those listed below. The collection, use, and disclosure of Personal Information received from third parties is governed by the privacy policies listed on the website where the information was submitted by the user. Third parties may send their own cookies and pixel tags to you, and may collect information and use it in a way inconsistent with this Policy. Please carefully review these third-party privacy policies to understand how your information may be collected, used and disclosed by these third parties.
Third Party Service Providers. We collect Personal Information from service providers, including where we operate accounts on third-party platforms, such as online application submission and management platforms, student information platforms, learning management platforms, email platforms, and social media platforms.
Third Party Advertising Partners. We collect Personal Data received from third party advertising partners, including partners who host and manage various advertisements and online forms where you can request additional information.
Third Party Private Loan Vendors. If you set up an account with an institutional loan vendor, we may collect Personal Information from them related to your institutional loan.
Google Analytics. We use third party cookies provided by Google Analytics to assist us in better understanding our website visitors. These cookies collect IP address and usage data, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting our website. Based on this information, Google Analytics compiles Aggregate Data about website traffic and interactions, which we use to offer better user experiences and tools in the future. For more information on Google Analytics, visit https://support.google.com/analytics.
Your “Do Not Track” Browser Setting. Some web browsers incorporate a “Do Not Track” feature (DNT) that signals to the websites that you visit that you do not want to have your online activity tracked. Many websites and applications, including the Services, do not currently respond to web browser DNT signals because such signals are not yet uniform. For more information about DNT signals, please visit http://allaboutdnt.com. Other third party websites may keep track of your browsing activities when they provide you with content, which enables them to customize what they present to you on their websites.
HOW WE USE YOUR PERSONAL INFORMATION
Our primary purpose for collecting Personal Information is to provide you with products and services you request. We may also use your Personal Information for the following business purposes:
- To determine your admissibility for your selected educational program
- To process your application and enroll you in an education program
- To determine your eligibility for financial aid, scholarships, and grants
- To provide career services assistance
- To provide you with information, products and/or services you request
- To facilitate recruitment efforts
- To facilitate the creation of and secure any student accounts
- To communicate with individuals in written, electronic, and verbal form
- To analyze academic and learning outcomes and preferences
- To develop new tools, software applications, products and services
- To obtain payment for services that we provide to you
- For our internal marketing purposes, which include, but are not limited to, sending you material about products, services, updates, etc. that we think may be of interest to you
- To customize the advertising and content you see
- To maintain students records and transcripts
- For internal business purposes such as complying with our internal policies or improving our Services
- To analyze how our Services are being accessed and used
- To verify information
- To protect our interests, including establishing, exercising and defending legal rights and claims
- As necessary to comply with legal requirements, to enforce our Terms of Use and Code of Conduct, to prevent fraud, to co-operate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities
- For purposes disclosed at the time you provide your information or as otherwise set forth in this Policy
HOW WE DISCLOSE PERSONAL INFORMATION
We disclose your Personal Information to third parties only in the ways that are described in this Policy and with our business partners, suppliers and sub-contractors in order to provide you with our Services and perform any contract we enter into with them or you.
Information You Instruct Us to Share. You may be presented with an option to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
Service Providers. We may use service providers to perform certain business services on behalf of us or the Service, and may disclose Personal Information to such service providers as needed for them to perform these business services. Service providers are only allowed to use, disclose or retain the Personal Information to provide these services and are prohibited from selling Personal Information. Business services provided include, but are not limited to, hosting services, software as a service, document management services, communications services such as email, text, and chat services, software and website development services, scholarship and financial aid services, lending and loan processing services, collection services, accounting and audit services, compliance services, quality control services, analytic services, call center services, housing services, marketing services, employment and employment verification services.
Mobile Information. Mobile opt-in sharing excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties unrelated to Sage for their own marketing/promotional purposes.
Parent Company. We may disclose Personal Information to our parent company, IEC Corporation, who may use the Personal Information for the purposes described above.
Government Agencies. We may disclose Personal Information with government agencies to the extent required by law.
Categories of Personal Information that have been disclosed for a business purpose in the past twelve months include:
- Identifiers
- Educational Information
- Financial Information
- Commercial Information
- Characteristics of protected classifications under California or federal law
- Professional or Employment-Related Information
- Audio and Visual Information
- Internet and other electronic network activity information
- Usage Data
- Marketing and Communications Information
Sensitive Personal Information
Legal Process. Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation or legal process, such as a subpoena; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial or other harm, injury or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity.
User Disclosures. Some Personal Information is disclosed as a matter of course as a result of your use of certain Services. Any Personal Information shared via any public forum using the Services or on another website (such as Facebook, Google, LinkedIn, Instagram or Twitter) may become public information. We cannot control the use of information disclosed in these public forums. You should exercise caution when disclosing information in these public areas, especially your health information and location data, and be careful how you disclose your Personal Information. Content posted in public areas of the Services, including advice and opinions, represents the views and is the responsibility of those who post the content. We do not necessarily endorse, support, verify, or agree with the content posted. If you have any questions or comments about any content posted using the Services, please contact us at the address below.
USERS ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM THEIR OWN VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION IN PUBLIC FORUMS
Personal Information Sold or Shared. We have not sold any Personal Information in the past twelve months. We have shared Personal Information in the past twelve months with our third party advertising partners to serve ads to you about our products and services as you browse the Internet. “Sharing” is defined under California privacy law as “renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.” This sharing means that these third-party service providers may use their own cookies or tags to track your online activities and purchases in order to deliver targeted advertising based on your interests. You can opt out of sharing through the Do Not Share My Personal Information link. Additionally, if your browser supports it, you can turn on the Global Privacy Control (GPC) to opt-out of the “sharing” of your Personal Information for the purpose of targeting advertisements. Learn more at the Global Privacy Control website. We have no actual knowledge of any sales or sharing of Personal Information of minors under 16 years of age.
CALIFORNIA PRIVACY RIGHTS.
California Consumer Privacy Act. The California Consumer Privacy Act, as amended (“CCPA”) provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Upon verification of your identity you may:
- No more than twice in any 12-month period, request disclosure of the following information:
- Categories of Personal Information we collect.
- Categories of sources from which Personal Information is collected.
- Categories of Personal Information sold or disclosed to third parties.
- Categories of third parties with whom such Personal Information is sold or disclosed.
- Business or commercial purpose for collecting, sharing, or selling Personal Information.
- Specific pieces of Personal Information we collect.
- Request to correct inaccurate Personal Information.
- Request deletion of your Personal Information, subject to the exceptions provided by law.
- Opt-out from having your Personal Information sold to or shared with third parties, if applicable.
- Limit use and disclosure of Sensitive Personal Information for any purpose other than the pre-approved business purposes identified in the privacy law. Our use of Sensitive Personal Information is already limited to the approved business purposes identified above.
Exercising Your Rights
Requests can be submitted by calling our toll free number (800)322-4128 or through our online request form. You can also opt out of having Personal Information transmitted through third party cookies by clicking on the “Do Not Share My Personal Information” link. Additionally, if your browser supports it, you can turn on the Global Privacy Control (GPC) to opt-out of the “sharing” of your Personal Information for the purpose of targeting advertisements. You can learn more about the GPC and how to enable it in your browser from the Global Privacy Control website.
Please note that these rights apply only to California consumers, job applicants, employees, and business contacts. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
Authorizing an Agent to Act on Your Behalf
Except where you have provided an agent with a Power of Attorney pursuant to Sections 4000 – 4465 of the California Probate Code, when using an authorized agent you must provide that person with written permission clearly describing their authority to make a request on your behalf. That agent must also be able to verify their identity with us and provide us with their authority to act on your behalf.
Verifying Your Request
The verifiable consumer request initiated by you or your authorized agent must:
- Include your full legal name, email, and phone number, which we will need to contact you in order to verify that you are the person about whom we collected Personal Information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. One of our representatives will contact you in order to verify your identity. You may need to provide additional information in order to verify your request. Depending on the nature of the request, we may require additional verification actions be taken, including but not limited to providing a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request. We will only use this information to verify the requestor’s identity or authority to make the request.
Right to Non-Discrimination
The CCPA provides the right to be free from discrimination if you choose to exercise your rights under the statute, and Sage will not discriminate by:
- Denying you goods or services.
- Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Providing you a different level or quality of goods or services.
- Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Exceptions.
These rights are not absolute and are subject to certain exceptions. For example, we cannot disclose or permit access to specific pieces of Personal Information if granting your request would present a certain level of risk to the security of the Personal Information at issue, your account with us or the security of our Services. We may deny your deletion request if we need to retain the information under certain circumstances, for example, when it is necessary for us or our service providers to complete a contract or transaction with you or to comply with legal obligations.
Other California Privacy Rights. California Civil Code Section 1798.83 permits California residents who have provided personally identifiable information to us or our third-party advertisers and marketing partners, if any, to request certain information regarding our disclosure of personally identifiable information to third parties for direct marketing purposes. We do not share information we collect about you with parties other than our parent company, IEC Corporation, for its direct marketing purposes.
CHANGES TO THIS PRIVACY NOTICE
Sage may modify or update this Policy from time to time. We encourage you to revisit this page often to remain fully informed of our Policy or you can contact us at any time to obtain the latest copy of this Policy.
QUESTIONS ABOUT THIS POLICY
For questions or comments regarding our Policy, please contact us at:
privacy@ieccolleges.com
TERMS OF USE
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL
Agreement to Arbitrate. Any dispute you may bring against Sage, or any of its parents, subsidiaries, officers, directors, or employees, with the sole exception of any Borrower Defense Claims described in Paragraph 2 below, or which Sage may bring against you, no matter how characterized, pleaded or styled, shall be resolved by binding arbitration conducted by the American Arbitration Association (the “AAA”), under its Consumer Arbitration Rules (“Consumer Rules”), with the exception that the arbitrator appointment process shall be governed by AAA Commercial Rule 12(a)-(b). The arbitration shall be conducted and decided by a single Arbitrator. Any remedy available from a Court under the law shall be available in the arbitration. The arbitration hearing will be conducted in the county in which the campus is located.
Notice and Agreement Regarding Borrower Defense Claims for Title IV borrowers: The following provisions are included pursuant to U.S. Department of Education regulations at 34 C.F.R. § 685.300(e) and (f) and shall apply to this Agreement for any period during which these regulations are in effect: (1) We agree that neither we, nor anyone else who later becomes a party to this pre-dispute arbitration agreement, will use it to stop you from bringing a lawsuit concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by us of educational services for which the Federal Direct Loan was obtained. You may file a lawsuit for such a claim, or you may be a member of a class action lawsuit for such a claim even if you do not file it. This provision does not apply to other claims. We agree that only the court is to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained. (2) We agree that neither we, nor anyone else who later becomes a party to this agreement, will use it to stop you from being part of a class action lawsuit in court. You may file a class action lawsuit in court, or you may be a member of a class action lawsuit in court even if you do not file it. This provision applies only to class action claims concerning our acts or omissions regarding the making of the Federal Direct Loan or the provision by us of educational services for which the Federal Direct Loan was obtained. We agree that the court has exclusive jurisdiction to decide whether a claim asserted in the lawsuit is a claim regarding the making of the Federal Direct Loan or the provision of educational services for which the loan was obtained. This provision does affect the enforceability of the Agreement with respect to any other claims.
The Federal Arbitration Act (“FAA”) shall govern the interpretation, scope, and enforcement of this Arbitration Agreement. Any and all disputes concerning the interpretation, scope, and enforcement of this arbitration provision shall be decided exclusively by a court of competent jurisdiction, and not by the Arbitrator.
Waiver of Jury Trial: Except as set forth in the Borrower Defense Claim section above, both Sage and you explicitly waive any right to a jury trial. You understand that the decision of the Arbitrator will be binding, and not merely advisory. The award of the Arbitrator may be entered as a judgment in any court having jurisdiction.
Small Claims: This Arbitration Agreement does not affect either party’s right to seek relief in small claims court for disputes or claims within the scope of the small claims court’s jurisdiction.
Class Action Waiver: Except as set forth in the Borrower Defense Claim section above, you agree that any dispute or claim you may bring shall be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class action, representative proceeding, mass action, consolidated or joint action.
Miscellaneous: Any remedy available from a court under the law shall be available in the arbitration. You can, but do not need to be, represented by an attorney at arbitration. Except as specifically required by the laws of the laws of the state where you attended Sage , the fact of and all aspects of this arbitration and the underlying dispute shall remain strictly confidential by the parties, their representatives, and the AAA except, pursuant to AAA Consumer Rule 43(c), the AAA may choose to publish an award rendered under the AAA Consumer Rules, but the names of the parties and witnesses will be removed from any award that is published, unless a party agrees in writing to have its name included in the award. You agree that any actual or threatened violation of this provision would result in irreparable harm, and will be subject to being immediately enjoined. Information about the AAA arbitration process and the AAA Consumer Rules can be obtained at www.adr.org. You shall disclose this Agreement to the AAA if you file an arbitration. If any part of this Agreement is declared unenforceable or invalid, it shall be severable and the remainder of this Agreement shall continue to be valid and enforceable.
DISCLAIMERS
OUR WEBSITES, SOFTWARE APPLICATIONS, AND MOBILE APPS ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRIVACY AND RELEASE
You acknowledge and agree that you have read, understand, and consent to the processing of your personal information as set forth in our Privacy Policy above including, but not limited to, the use web traffic and website usage analytics and tracking technologies, such as cookies, pixel tags, and Java scripts. You acknowledge and agree that you do not have a reasonable expectation of privacy in connection with the use of analytics and tracking technologies or the collection and/or sharing of personal information by us or our third party advertising partners using these technologies. To the maximum extent permitted under applicable law, you hereby release with prejudice and discharge Sage from, and waive the assertion of, any and all claims, demands, and damages based on or arising out of Sage’ use of such analytics and tracking technologies in connection with your access to and/or usage of this Website prior to your acceptance of these Terms of Service.
You hereby waive and relinquish the provisions, rights, and benefits, if any, of Section 1542 of the California Civil Code, which provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY
LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAGE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAGE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO OUR WEBSITES, SOFTWARE APPLICATIONS, AND MOBILE APPS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID SAGE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION
ELECTRONIC SIGNATURES
You acknowledge and give your consent to use an electronic signature to bind you to this Privacy Policy and Terms of Use, including the Arbitration Agreement. You further acknowledge that your electronic signature and acknowledgement of the Privacy Policy and Terms of Use constitutes a voluntary and knowing act that represents your intent to be legally bound.
