Sobayli (pronounced so-bye-lee): From the Native American language Alabama, means to learn, recognize, and remember. We chose it because our technology applies these capabilities to a wide variety of tasks. It also echoes the Alabama roots of our key partners: Agnihotri, Borden, Buchanan, Silverman and Turner. Before being called Sobayli, we were called the Nexus Holdings Group.
Terms of Use
These Terms of Use explain the contractual agreement between you, who uses this Web site and agrees to these Terms of Use ("you", "your"), and Sobayli and its subsidiaries and affiliates ("Sobayli", "we", "us", "our") regarding your use of this Web site ("The Sobayli Web Site") and activities conducted through the The Sobayli Web Site.
We recommend that you print a copy of these Terms of Use for your
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"Agree"
By using this Web site, you signify that you have read, understand and accept these Terms of Use. Furthermore, at various times within the The Sobayli Web Site you may be required to click "Submit" or similar buttons to register and participate in certain activities. Your act of "clicking" the button signifies your further acknowledgement and agreement with these Terms of Use. We will try to remind you at various times of these Terms of Use and your agreement with them, and you are encouraged to review them often. Please note, however, that our failure on any Web page to make specific notice of these Terms of Use does not mean that they are not applicable. These Terms of Use apply to the entire The Sobayli Web Site and all functionality, features and content offered by us through the The Sobayli Web Site. If you are dissatisfied with these Terms of Use, your sole remedy is to discontinue your use of the Sobayli Web Site.
Privacy
We recommend that you review our Privacy Policy which is part of these Terms of Use. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to the The Sobayli Web Site. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
Updates and Changes to Terms of Use
We reserve the right, at any time, to modify, alter, update, or remove portions of these Terms of Use, so please check them (including our Privacy Policy) from time to time as your continued use of the The Sobayli Web Site after a change has been made signifies your acceptance of any changed items. You may only amend these Terms of Use with a writing signed by both of us.
Disclaimers of Warranties
THE ONLINE CHAPERONE WEB SITE. THIS WEB SITE IS PROVIDED BY US "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, DATA, SERVICES OR UNINTERRUPTED ACCESS. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING.
THESE DISCLAIMERS OF WARRANTIES APPLY TO ANY DAMAGES OR INJURY TO PERSON(S) OR PROPERTY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS, THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU. IN SUCH STATES, WARRANTIES SHALL BE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Limitation of Liability
THE ONLINE CHAPERONE WEB SITE. NEITHER WE NOR ANY OF OUR EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE NEXUS WEB SITE OR INABILITY TO GAIN ACCESS TO OR USE THE THE ONLINE CHAPERONE WEB SITE. FURTHERMORE, IN NO EVENT SHALL OUR LIABILITY WITH RESPECT TO THE THE ONLINE CHAPERONE WEB SITE EXCEED US$100.
THESE DISCLAIMERS OF TYPES OF DAMAGES AND LIMITATIONS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, PRODUCT LIABILITY OR UNDER ANY OTHER CAUSE OF ACTION. BECAUSE SOME STATES DO NOT ALLOW SOME OR ALL OF THESE DISCLAIMERS AND LIMITATIONS, THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DAMAGES SHALL BE DISCLAIMED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Links
(a) This site may contain links to other sites on the Internet that are owned and operated by third parties. We are providing these links solely as a convenience. The appearance of a link does not imply our endorsement, nor are we responsible for the content of any linked site. You access linked sites at your own risk, including reliance on the content contained on or provided by such links or sites.
(b) Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to the Sobayli Web Site on another Web site if you comply with all of the following: (a) the link must be a text-only link clearly marked "sobayli.com" or "www.sobayli.com"; (b) the link must "point" to the URL www.sobayli.com and not to other pages within the Sobayli Web Sites; (c) the link, when activated by a user, must display the Sobayli Web Site full-screen and not within a "frame" on the linking Web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking Web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Sobayli Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Sobayli Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Sobayli Web Site. You must be 18 years or older to use the Sobayli Web Site.
User Communications, Feedback and Submissions
The Sobayli Web Site may have functionality that permits public communication, including public postings and e-mail links. You agree not to submit, publish, distribute, or transmit through the Sobayli Web Site or its e-mail links any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, hateful, racially or ethnically discriminatory, or that would constitute or encourage a criminal or civil offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. You also agree that you will not submit, publish, distribute, or transmit anything through the Sobayli Web Site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. We do not endorse any information posted or content contained on the Sobayli Web Site and we are not liable for any information posted on the Sobayli Web Site, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on the Sobayli Web Site which we believe is appropriate in our sole discretion, including but not limited to removal. However, we cannot, nor do we, control the information provided by users or content providers which is made available through our system. By its very nature, other people's information may be offensive, harmful, inaccurate, or in some cases may be mislabeled or deceptively labeled.
Ownership
The Sobayli Web Site and all intellectual property rights included in or related to the Sobayli Web Site (including but not limited to copyrights, trademarks, service marks, domain name rights, patents and data rights), are owned or licensed by us, and all right, title and interest in the Sobayli Web Site and the intellectual property rights remain our property. You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Sobayli Web Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Sobayli Web Site or its content. Sobayli's trademarks, trade names, and service marks are proprietary to Sobayli, and may not be used in connection with any product or service without our written permission. All other trademarks, trade names, company names and logos are the property of their respective owners.
Termination of Usage
These Terms of Use are in force until terminated by either you or us. You may terminate these Terms of Use solely by discontinuing your use and access to the Sobayli Web Site. We may terminate these Terms of Use, or suspend your access to all or part of the Sobayli Web Site, without notice, for any conduct that we, in our sole discretion, believe is disruptive to the Sobayli Web Site or is in violation of any applicable law or these Terms of Use. In the event of termination or expiration of these Terms of Use for any reason, the provisions of Sections 4, 5, 6, 7, 10, 11, 12, 13, 14 and 15 shall survive.
Indemnification
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees and costs) resulting from your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) immediately notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
Governing Law and Jurisdiction
The Sobayli Web Site is controlled and operated by us from our offices within the State of New York, United States of America. Although it may be technically accessed from all 50 states as well as from other countries around the world, you agree that your use of the Sobayli Web Site shall be construed to be made from within the State of New York and you agree that these Terms of Use and your use of the Sobayli Web Site shall be governed in all respects by the internal substantive laws of the State of New York, without regard to conflict of laws provisions. We specifically disclaim the applicability of the United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act. You further submit to jurisdiction and venue in the state and federal courts located in New York, New York and further agree that any cause of action you may bring arising under your use of the Sobayli Web Site shall be brought by you exclusively in a state or federal court located in New York, New York.
14. Other General Provisions
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and us. These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We reserve the right to report any wrongdoing, if we become aware of it, to the applicable government agencies or otherwise. These Terms of Use, and all writings and Web pages incorporated by reference into these Terms of Use, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
How to Contact Us
Sobayli
585 Stewart Avenue
Suite L-50
Garden City, NY 11530
516.869.4525
information@sobayli.com