TERMS OF USE

Last modified: August 26, 2020

These Terms of Use (“Terms”) are a legal contract between you and Sagoon, Inc. (“Sagoon”, "us", "our", or "we") (collectively, "everyone") and govern your use of all the products and services (including the Smart Coins, Social Smart Card, and Vouchers as defined below) (collectively, the “Services”) that link to these terms, which you may access through our website (the “Website”) and mobile application (the “App”) (the “Services”, “Website”, and “App”, collectively, the “Platform”).

READ THESE TERMS CAREFULLY. USING THE PLATFORM, AND/OR CLICKING THE “I ACCEPT” BUTTON BELOW INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE PLATFORM IF YOU DO NOT ACCEPT THESE TERMS.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

USE OF THE PLATFORM AND RIGHTS GRANTED TO YOU.

You must be at least 13 years old to use the Platform. If you are not yet 18 years old, you must have the permission of an adult to use the Platform and agree to its Terms, and that adult must be a parent or legal guardian who is willing be responsible for your use of the Platform.

We invite you to use the Platform for individual, consumer purposes ("Permitted Purposes").

We grant you a non-exclusive, non-sublicensable, and non-transferable license to access and use the Platform for the Permitted Purposes, as long as you comply with these Terms. You have no other rights in the Platform and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Platform in any manner. If you make copies of any of the above while engaging in Permitted Purposes then we ask that you be sure to keep on the copies all of our copyright and other proprietary notices as they appear on the Platform.

If you breach any of these Terms the above license will terminate automatically and you must immediately destroy any copies of our Platform (or any portion of these materials) that you may have.

ACCOUNT REGISTRATION.

You can visit the Website without registering with us. However, in order to access certain password-restricted areas of the Platform, you must register for an account.

If you want an account with us, you must provide the following information as part of the registration process:

You may also provide additional, optional information, such as your e-mail, birthday, and photo, so that we can provide you a more customized experience when using the Platform. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be sent a verification code to your phone number. Once you enter the correct verification code and verify your phone number, you will activate your registered account. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting us using the below contact information and we can make the changes for you.

You are responsible for complying with these Terms when you access the Platform. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Platform, as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password. If you think your password or security for the Platform has been breached in any way, you must tell us immediately.

By registering for an account, you consent to receiving electronic communications from Sagoon. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Platform. These electronic communications are part of your relationship with Sagoon. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

YOUR CONTENT AND THE RIGHTS YOU GRANT TO US.

The Platform permits you to submit content and other materials, ("User Content"). You agree that you are solely responsible for all of your User Content and that any such User Content is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Content you have submitted.

By submitting any User Content, you are promising us and agree that:

By submitting a User Content, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:

We may pre-screen User Content or monitor the Platform through which User Content may be submitted. We are not required to host, display, or distribute any User Content on or through the Platform and may remove at any time or refuse any User Content for any reason. We are not responsible for any loss, theft, or damage of any kind to any User Content. Further, you agree that We may freely disclose your User Content to any third party absent any obligation of confidence on the part of the recipient.

Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) will be treated as both non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

PRIVACY POLICY.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. So, please review our Privacy Policy which explains everything.

SOCIAL SMART CARD SERVICE AND COINS.

The Social Smart Card.

In connection with your use of the Platform , you may have the opportunity to also receive or use a Sagoon Social Smart Card ("Social Smart Card") made available by us. You may access the Social Smart Card in electronic form through the App.

To register for a Social Smart Card, you must verify your mobile number and follow the activation process that we make available to you through the App or otherwise.

Your Social Smart Card is linked to your mobile phone number. Only one (1) Social Smart Card will be issued for each mobile number. If you have more than one mobile phone, you may receive one (1) Social Smart Card for each of your mobile phones. Once a Social Smart Card has been issued to your mobile phone number, you will not have the option to update or change the mobile number associated with your Social Smart Card.

Smart Coins

You may have the opportunity to earn certain rewards made available by us, usually called Smart Coins (“Reward Coins” or “Smart Coins”). Smart Coins may accumulate as rewards in your Social Smart Card and can be viewed and managed through the App.

The Smart Coins are issued by us to you, and are only for your personal use. At any time and in our sole discretion, we may: (i) determine whether or not you are eligible to receive Smart Coins; (ii) determine whether or not you have earned Smart Coins; (iii) determine how many Smart Coins you may earn or have earned, and adjust your Smart Coins total accordingly, (iv) determine whether or not you are eligible to Redeem (as defined below) any Smart Coins and the amount of Smart Coins that you may Redeem , (v) decrease, increase or otherwise adjust your Smart Coins, including Smart Coins then available in your account, (vi) modify the Redemption terms applicable to some or all of your Smart Coins, including Smart Coins then available in your account (for example, we may increase or decrease the amount of Smart Coins that you may Redeem for a particular transaction, or we may impose a waiting time before certain Smart Coins may be Redeemed), (vii) terminate your Smart Coins, including the Smart Coins then available in your account and any unearned Smart Coins, and/or (viii) modify or terminate the Smart Coins program made available by us to you under these Terms, including the Smart Coins themselves and the terms and conditions applicable to the Smart Coins. The Smart Coins have no value, whether monetary or otherwise, except when Redeemed in accordance with these Terms.

We will communicate on an ongoing basis to you the specific ways in which Smart Coins can be earned, and the number of Smart Coins that can be earned. These communications may be through ongoing messages that we post through this Website, through the App, or as otherwise provided in these Terms. You agree to monitor such communications from us and follow the applicable rules if you desire to earn Smart Coins. Examples of how Smart Coins may be earned include the following:

Redemption of Smart Coins and Vouchers

To “Redeem” Smart Coins means that you convert the Smart Coins into a coupon or gift voucher (each a "Voucher") issued to you by certain select third-party merchants (each a "Merchant"). Vouchers are Redeemed only through your Social Smart Card and using the App. Redemption of Smart Coins must follow our instructions and is always subject to these Terms.

Once you have accumulated a minimum number of Smart Coins in your Social Smart Card (the “Minimum Rewards Level”), you may elect to Redeem your Smart Coins by converting your eligible Smart Coins into a Voucher. We will specify through the Platform the Minimum Rewards Level, and we may update from time to time through the Platform this Minimum Rewards Level. The available Redemption options are subject to change by us at any time, by providing you with notice in accordance with the Terms, and you have no vested right to any particular form or method of Redemption of Smart Coins. You may not Redeem any Smart Coins, and you may not obtain any cash, money, or anything of value in exchange for your Smart Coins prior to reaching the Minimum Reward Level, or if subsequently your Smart Coins fall below the Minimum Reward Level, for as long as your Smart Coins remain below the Minimum Reward Level. For each Redemption opportunity made available by us to you, we may display to you within the App a minimum Redemption amount at any given time, in which case that minimum Redemption amount will apply. These minimum Redemption amounts are subject to change by us at any time.

We may, at our sole discretion, limit the amount of Smart Coins that you can Redeem in any given period of time or for any particular transaction. We also reserve the right to define how your Smart Coins are Redeemed and in what denomination of Vouchers they are made available to you (for example, we may choose to give you multiple Vouchers adding to the total number of Smart Coins that you are Redeeming, as opposed to a single Voucher).

Other Terms Applicable to the Social Smart Card, Smart Coins and Vouchers Once a Voucher has been digitized or loaded into your Social Smart Card, you can redeem the Voucher with the corresponding Merchant or transfer such Voucher to another user registered and authorized by us using the App. Vouchers are issued to you by Merchants, not by us, and your agreement with each Merchant will govern your use of the Vouchers issued by that Merchant. Each Merchant may limit the products and services that you can purchase, license, lease or otherwise use in exchange for payment with the Vouchers issued by that Merchant.

You can only use your Social Smart Card for the purpose(s) expressly authorized by us from time to time. We reserve the sole right to determine, limit or restrict the purposes for which a Social Smart Card can be used or the eligible Vouchers that can be digitized or loaded into your Social Smart Card.

We reserve the right to decide each Merchant that may participate in the Social Smart Card ecosystem, and we may add or remove Merchants at any time. If we remove a Merchant from the Social Smart Card ecosystem, please contact the Merchant directly and discuss with the Merchant how you may be able to redeem any remaining value of any Vouchers corresponding to that Merchant that you may hold at that time. We may also choose to extend or limit the Social Smart Card ecosystem to selected Vouchers offered by a Merchant. In other words, we may limit the Vouchers offered by a Merchant, and we may exclude some vouchers offered by the same Merchant.

Vouchers are issued to you directly by Merchants, and will remain at all times subject to the terms and conditions provided by the respective Merchants. You must read and comply with the terms and conditions applicable to the Vouchers, and you must address all of your questions or concerns relating to the Vouchers to the respective Merchants. We will have no responsibility or liability for any Voucher issued to you. We reserve the right to charge a fee for the issuance and/or use of any Social Smart Card. We will notify you through the App at least thirty (30) days before we add or modify any such fee for the issuance or use of the Social Smart Card.

Any action you take through the Social Smart Card with respective to Vouchers, including the use or digitization of a Voucher, or transfer or Redemption of a Voucher, will be irrevocable. If you lose your Social Smart Card or otherwise lose access to your Social Smart Card, or if you change your mobile phone number associated with your Social Smart Card, you will not be able to recover any transactions or activities performed on that Social Smart Card, including any Vouchers loaded onto the Social Smart Card. We disclaim all responsibility arising from any loss that you may incur from any such occurrences. Please direct any questions you may have about Vouchers that you lost or can’t access anymore to the corresponding Merchants.

The Social Smart Card will, at all times, remain our property, and your right to use the Social Smart Card is strictly limited to the specific activities authorized under these Terms, and to all other terms and conditions in these Terms.

Voucher are never redeemable for cash by us, and we have no obligation to provide to you any products, services, or other benefits in exchange for, or in connection with any Vouchers. You are solely responsible for the security of the Social Smart Card and you must protect all access to your Social Smart Card, including by preventing all other parties from accessing your Social Smart Card through the App.

For clarification, the Smart Coins are issued to you under a loyalty, award or promotional program (as defined in Regulation E) designed to express our appreciation for having you as a customer, and are not (a) a general-use prepaid card, account, code or other device, (b) a store gift card (whether a card, code, or other device), or (c) a gift certificate (whether a card, code, or other device). You agree that the Smart Coins are issued to you personally, for your personal purposes, in connection with a loyalty, award, or promotional program, and you will not transfer any of Smart Coins to anyone else for any reason prior to Redeeming them. If you have any questions with respect to your Smart Coins or the Social Smart Card, please contact us as provided in these Terms.

GEO-LOCATION TERMS.

The Platform include and make use of certain functionality and services that allow us to include maps, geocoding, places and other Content such as your IP address to determine your location as part of the Platform (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps.html) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

LINKS TO THIRD-PARTY WEBSITES.

Sometimes we provide links on this website or within the Platform to third-party websites. We are not obligated to review any third-party websites that you link to from this website or the Platform, we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). We don’t endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from this website or the Platform, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIONS AND INDEMNITY.

You can only use the Platform for Permitted Purposes, and any other use if prohibited and unauthorized. Unauthorized use of the Platform may result in violation of various United States and international copyright laws. Unless you have written permission from us stating otherwise, you are not authorized to use the Platform in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. you alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

PROPRIETARY RIGHTS.

Sagoon is a trademark that belongs to us. Other trademarks, names and logos on the Platform are the property of their respective owners.

Unless otherwise specified in these Terms, the Platform is our sole property, Copyright © 2020. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

We respect the intellectual property rights of others and encourage you to do the same. We remove User Content that violate intellectual property rights of others. If you violate someone else’s intellectual property rights, we may suspend your access to the Platform or terminate your account.

Pursuant to Title 17 of the United States Code, Section 512 (the Digital Millennium Copyright Act), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law.

If you believe your copyright or other intellectual property right is being infringed by a user of the Platform, please provide written notice to our Agent for notice of claims of infringement:

Attn: Govinda Giri
1980 Teasel Ct.
Woodbridge, VA 22192
Email:govindagiri@sagoon.com
CC: legal@sagoon.com

To be sure the matter is handled immediately, your written notice must:

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a validly received DMCA take-down notice. In response, you may provide our Agent with a written counter-notification that includes the following information:

Termination of Repeat Infringers

We reserve the right, in our sole discretion, to terminate the account or access of any user of the Platform who is the subject of repeated DMCA or other infringement notifications.

DISCLAIMERS.

THIS WEBSITE, THE APPS, AND THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE, THE APPS, AND THE SERVICES ARE WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, THE APPS, AND THE SERVICES WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE, THE APPS, OR THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that the Platform will meet your requirements or that the Platform will be uninterrupted, timely, secure, or error free or that defects in the Platform will be corrected. we make no warranty as to the results that may be obtained from the use of the Platform or as to the accuracy or reliability of any information obtained through the Platform. No advice or information, whether oral or written, obtained by you through the Platform or from us or our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY PORTION OF THE SERVICES OR ANYTHING THAT IS PROVIDED THROUGH THE PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SAGOON INC.’S LIABILITY EXCEED THE GREATER OF $100 AND THE AMOUNTS YOU PAY THE SAGOON INC. FOR USE OF, OR IN CONNECTION WITH, THE PLATFORM.

LOCAL LAWS; EXPORT CONTROL.

We control and operate the Platform from our headquarters in the United States of America and the entirety of the Platform may not be appropriate or available for use in other locations. If you use our Platform outside the United States of America, you are solely responsible for following applicable local laws.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.

Please Read This Provision Carefully. It Affects your Legal Rights.

This Provision facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and us. Effectively, then, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of These Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms and can award the same damages and relief as a court (including attorney’s fees). you may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at contact@sagoon.com the following information: (1) your name, (2) your address, (3) A written description of your Claim, and (4) A description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. you may pursue your dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, your or we may choose to pursue a Dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). you may opt-out of this Provision by emailing us at contact@sagoon.com the following information: (1) your name; (2) your address; (3) A clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with us. But we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration.

Because the Platform and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – you or we may initiate arbitration in either Virginia or the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Platform can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

Continuation

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Platform. Notwithstanding any provision in these Terms to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.

GENERAL TERMS.

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you. We will even provide you with recommended necessary corrective action(s) because we value this relationship.

However, certain violations of these Terms, as determined by us, may require immediate termination of your access to the Platform without prior notice to you. The Federal Arbitration Act, Delaware state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Platform will be heard in the courts located in Fairfax County, Virginia. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Terms, we are not waiving our rights. These Terms are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the Platform. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

We may choose to modify, suspend or discontinue the Platform at any time and without notifying you. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time, including the terms applicable to Smart Coins and the Social Smart Card and the Redemption of Smart Coins). We’ll let you know of any modifications by posting them on the Platform at least thirty (30) days prior to such changes becoming effective.

If you object to any such modifications, your sole recourse shall be to cease using the Platform. Continued use of or access to the Platform following notice of any such modifications indicates you acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Platform. These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

CALIFORNIA CONSUMER NOTICE.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Platform provided by the Company. If you have purchased anything from the Platform, a description of what you have purchased and relevant pricing information are posted as part of the ordering process for the Platform (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint regarding the Platform, please contact Customer Service at Contact@sagoon.com. You may also contact us by writing the Company at contact@sagoon.com or feedback@sagoon.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

CONTACT US.

If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at Or, write to us:

Sagoon Inc.
1980 Teasel Ct.
Woodbridge, VA 22192