Terms and Conditions of Use


Welcome to GreatestBuffet.com, a service of Sapiens Sapiens Inc. Please read these Terms of Conditions for Use; by using this website, you accept all the terms and conditions below.

General Provisions

The Web is an evolving medium; we may change these Terms and Conditions of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

Sapiens Sapiens respects the privacy of our users. Please see our privacy policy for more details.

We invite you to bring to our attention any material on this website that you believe to be inaccurate. Please forward a copy of the material to our Webmaster via the Contact Us tab of the site.

Accuracy, Completeness and Timeliness of the Site

The material that appears on Sapiens Sapiens's site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on our site, you should confirm any facts that are important to your decision. We are not responsible if information we make available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Ownership and Permissions

This site and the contents thereof (including but not limited to software, interfaces, files, graphics, text, and data found on the site) are the property of and owned by Sapiens Sapiens Inc., is protected by copyright, trademark and other laws of Japan and other countries including the United States. Sapiens Sapiens grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of the material on the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Requests for permission to reproduce or distribute materials found on our website should be sent to usaclub@sapiens-sapiens.com and approved by Sapiens Sapience Inc. with documentation.

Relationship Disclaimer

GMAT(R) is a registered trademark of the Graduate Management Admission Council(GMAC). GRE(R) and TOEFL(R) are registered trademarks of ETS. SAT(R) is a registered trademark of CollegeBoard. ACT(R) is a registered trademark of ACT, Inc. GMAC, ETS, ACT, Inc. nor CollegeBoard do not in any way write, sponsor, or endorse these products. Admissions Decoder (c) and the Buffet(tm) educational system are owned by Sapiens, Sapiens Inc.

No Framing.

Without the prior written permission of Sapiens Sapiens, you agree that you will not frame or establish inline links to any of the content of our website, nor may you incorporate into another website or other product or service any intellectual property of Sapiens Sapiens or any of its licensors. Requests for permission to frame, or to establish inline links to, our content may be sent to usaclub@sapiens-sapiens.com and approved by Sapiens Sapience Inc. with documentation.

Trademarks.

This site features trademarks, service marks and logos that are the property of Sapiens Sapiens Inc. and/or its licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.

User Account Ownership

 

In creating an account with any of Sapiens Sapiens Inc. sites, including GreatestBuffet.com, users agree to sole, personal ownership of their accounts and will not share account details with other users for any purpose under any circumstances. Sapiens Sapiens Inc. reserves the right to seek damages in terms of lost sales or security from such activities when they are detected.


Materials You Submit

This section applies to any materials you submit to or through this website, including, without limitation, any comment you post to the site and any question you submit to the "Ask the Experts" portion of the site. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringes on intellectual property rights, is abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, advertisements for competing services or any form of "spam." If you submit any video content through this site, you further represent, warrant and agree that you have the written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms and Conditions of Use.You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. We reserve the right (but are not under an obligation) to remove or edit any content you provide.

If you do submit material, unless we indicate otherwise, you grant Sapiens Sapiens Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content throughout the world in any media now known or hereafter invented. You grant Sapiens Sapiens Inc. and its affiliates the right to use the name you submit in connection with such content, if they so choose. You will retain any ownership rights you may have in the materials you submit, subject to the licenses granted to Sapiens Sapiens in these Terms and Conditions of Use. You also understand and agree that users of this site who may access the content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your content.

Waiver: By submitting content to this site, you waive, and agree not to bring at any time, any claims of any type whatsoever against Sapiens Sapiens or its affiliates, or their officers, directors, employees, contractors, agents, licensors or suppliers in any way arising from or relating to the submitted content, including without limitation any claims asserting: (a) infringement of rights of publicity or misappropriation of likeness or image; (b) invasion of privacy; (c) false light (such as any allegedly false or misleading portrayal of you); (d) infliction of emotional distress (whether intentional or negligent); (e) breach of contract; (f) copyright or trademark infringement; (g) defamation; (h) fraud; or (i) false designation of origin.


Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied or used in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
usaclub@sapiens-sapiens.com

Please include all of the following in your notification:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • a description of the copyrighted work you claim has been infringed;
  • a description of where the material you claim is infringing is located on the site;
  • your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SAPIENS SAPIENS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAPIENS SAPIENS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SAPIENS SAPIENS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SAPIENS SAPIENS NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Sapiens Sapiens Inc. and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including  attorneys' fees and court costs, arising or resulting from that disruption.

Links

Sapiens Sapiens may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Sapiens Sapiens website does not mean that Sapiens Sapiens endorses or accepts any responsibility for the content, nor the use of such Web site. If you use these sites, you do so at your own risk. Sapiens Sapiens makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Sapiens Sapiens is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Sapiens Sapiens.

Device or Usage Guarantees

Free trial periods are provided to users to help them ascertain whether or not our services are useful to them. Sapiens Sapiens Inc. is not responsible, and makes no claims about availability of its services on any hardware or software platform, and it is the user's responsibility to ascertain ability to access and use the site effectively before signing up for services with Sapiens Sapiens Inc.

Future Test Performance

While it is the expressed opinion of Sapiens Sapiens Inc. that usage of GreatestBuffet.com can lead to improved test scores, this is in no way a guarantee that use of such services will result in improvement.

 

 

Third Party Payment Policy

Subscriptions using third party payment service platforms, including but not limited to Paypal, are contracts made between the user and the third part platform. While Sapiens Sapiens Inc. agrees to perform services in support of subscriptions made through these services, the management or cancellation of subscriptions remains the responsibility of the user, and Sapiens Sapiens Inc. waives all responsibility or claims resulting from any and all miscommunication, misuse, or difficulty of use of third party payment service platforms.

 

Jurisdiction

Sapiens Sapiens is organized under the laws of the Nation of Japan, and this site is operated in Japan. The laws of the Nation of Japan, without reference to the principles of conflicts of law thereof, govern these Terms and Conditions of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in Tokyo for any action to enforce these Terms and Conditions of Use. In the event of any legal action arising from or relating to these Terms and Conditions of Use or your use of the site, you hereby waive the right to a jury trial. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of Japan. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Conditions of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Conditions of Use constitute the entire agreement and understanding between you and Sapiens Sapiens with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to the use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use, please write us at:
Sapiens Sapiens
Inc.
3-16-10 Taihei, Sumida, Tokyo JAPAN. 130-0012
Attention: Legal Department

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