LAST Updated: November 1, 2021
License and Access to the Web Site
Subject to the restrictions and conditions set forth in these Terms, Sabra grants you a limited, revocable, non-transferable, non-exclusive license to access and use, view, download, and print any materials available on the Site for your personal, informational and non-commercial purposes. This license shall not include any right: to distribute, resell or make any commercial use of the Site or any information, content and/or materials available on, within, via or in connection with the Site (collectively, “Content”); to any derivative use of the Site or its contents; to use data mining, robots, or similar data gathering and extraction tools or techniques on the Site or attempt to gain any unauthorized access to our networks or systems; to probe, scan, or test the vulnerability of the Site; upload to the Site or otherwise use the Site to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; or take any action that may impose an unreasonable or disproportionately large load on the infrastructure of the Site or the systems or networks connected to the Site.
Sabra accepts no liability for the accuracy or completeness or use of, and no liability to update, the Content contained on the Site. We make no guarantees regarding the availability of the Site. Additionally, we reserve the right, within our sole discretion, to discontinue the Site or any services offered through the Site, or to restrict anyone’s access to the Site or services for any reason. You agree that we will not be liable to you or any third party for any such discontinuance or modification of the Site or services. Any rights not expressly granted by these Terms are reserved by us.
Warranties and Consents
You hereby warrant that all information, whether personal or otherwise, submitted by you via the Site is correct and current. You further warrant that you have the legal right and ability to agree to and be bound by these Terms. You additionally consent to the use of electronic signatures and receive electronic communications whenever necessary and acknowledge that such electronic signatures and electronic communications are legally binding and enforceable.
Intellectual Property Ownership
Any and all rights associated with the Site and its Content, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (“Intellectual Property”) are the sole property of Sabra or its licensors. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without Sabra’s express written consent. Except as provided herein, Sabra does not grant to you any express or implied rights to our or any third party’s Intellectual Property.
You hereby grant to Sabra a perpetual, irrevocable, worldwide, non-exclusive, fully paid, royalty-free, fully transferable and sub-licensable license to use any and all information, feedback, suggestions, ideas, content and materials (collectively “User Content”) submitted, uploaded or posted by you via or in connection with the Site or in any manner, and to exploit such User Content in any way, whether for profit or not, in any medium now known or hereafter discovered throughout the universe, without permission or notice or compensation to you.
You represent and warrant that you have the legal right and ability to grant the foregoing license of User Content to Sabra.
Any such User Content posted to the Site or otherwise provided to us is not made in confidence, and no fiduciary relationship is created between Sabra and you. You acknowledge and agree that you have no expectation of review, compensation or consideration from any and all exploitations by Sabra of your User Content. To the extent that any moral rights or ancillary rights are involved, you agree not to enforce any such rights against Sabra.
Restrictions on Your Use
All Content is the property of Sabra and/or its licensors, affiliates or other third parties and is protected by copyright and trademark laws. This Agreement does not grant you any license to modify or alter any Content. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable Content. You shall be solely liable for any and all harm resulting from your use of the Site.
Without our prior written consent, you may not: use any automated means to access this Site or collect any Content from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs); frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages; engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining Content or other information; use any meta tags or any other “hidden text” utilizing Sabra’s name, trademarks, or service marks; use Sabra’s logo or other proprietary graphic, trademark, or service mark as part of a link; or use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.
We may terminate your access to or use of this Site for any reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms. All of your warranties and indemnifications survive termination of this Agreement and any termination does not limit Sabra’s right to relief in law or equity. Sabra’s failure to act in any particular circumstance, including a failure to enforce the terms of this Agreement, does not waive the ability to act with respect to that or similar circumstances and shall not constitute a breach of this Agreement.
The Site is based in the U.S. and may provide or include links to other website, mobile sites, applications or resources (collectively, “Third-Party Services”). Because we have no control over such Third-Party Services, you acknowledge and agree that Sabra is not responsible for the availability of such Third-Party Services, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such Third-Party Services. You acknowledge and agree that Sabra shall not be responsible or liable in any way, for any damage or loss in connection with the use or reliance on any content, goods, services, or sites available on or through any such Third-Party Service.
Securities and Forward Looking Statements
This Site does not represent a solicitation with respect to the purchase or sale of any security.
This Site may contain statements or documents with statements that are “forward-looking” statements (as defined in the Private Securities Litigation Reform Act of 1995 (the “Act”)) that involve risks and uncertainties and are subject to change at any time. These statements may be identified by the use of forward-looking statement words such as “anticipate,” “believe,” “plan,” “estimate,” “expect,” “intend,” “should,” “may” and other similar expressions, although not all forward-looking statements contain these identifying words. These forward-looking statements involve known and unknown risks and uncertainties that may cause Sabra’s actual results in future periods to differ materially from those projected or contemplated in the forward-looking statements. You are urged to carefully review the disclosures we make concerning risks and other factors that may affect our business and operating results, including those referred to in our periodic reports filed with the Securities and Exchange Commission (the “SEC”). The forward-looking statements are qualified in their entirety by these cautionary statements, which are being made pursuant to the provisions of the Act and with the intention of obtaining the benefits of the “safe harbor” provisions of the Act. We caution you that any forward-looking statements we make are not guarantees of future performance and you should not place undue reliance on the forward-looking statements, which are based on currently available information and speak only as of the date thereof. We do not intend, and undertake no obligation, to update our forward-looking statements to reflect future events or circumstances, except as otherwise required by law.
Exclusion of Warranty
SABRA MAKES NO WARRANTY OF ANY KIND REGARDING THE SITE AND/OR ANY CONTENT PROVIDED ON, VIA OR IN CONNECTION WITH THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. SABRA DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SABRA DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR ANY E-MAIL SENT FROM IT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHERE SUCH LIMITATIONS ARE PROHIBITED BY LAW, SABRA’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT OF APPLICABLE LAW.
Limitation of Liability
SABRA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL WE BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THE SITE OR CONTENT FOUND THEREIN.
Indemnity and Release
You agree to indemnify, defend and hold Sabra and its subsidiaries, affiliates, officers, employees, agents, and business partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities arising from or relating to: your violation of these Terms; your use of the Site and the Content, products and services available on or via the Site; any User Content submitted, uploaded or otherwise transmitted by you via or in connection with the Site; your access to or use of any web sites linked to this Site; and any dealings between you and any third parties relating to this Site.
Sabra maintains the right to employ outside counsel and assume control of the defense and settlement of any matter subject to your indemnification obligation. All of your indemnification obligations, releases, and warranties under this Agreement shall stand even if Sabra is made aware of the possibility of damage before such damage occurs.
Choice of Law and Forum
This Agreement shall be exclusively governed by and construed in accordance the laws of the State of California, without regard to California’s conflict of laws provisions. You hereby agree to the exclusive subject matter and personal jurisdiction and venue of the state and federal courts located in the County of Los Angeles, State of California, and irrevocably waive any and all objections based upon jurisdiction or venue.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Sabra with respect to the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sabra with respect to the Site. This Agreement may only be modified by us as set forth herein. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.
Our failure to act with respect to any breach this Agreement does not waive our right to act with respect to any other breach of this Agreement.
You may not assign or delegate your rights or obligations under this Agreement. Any purported assignment or delegation by you shall be ineffective. We may freely assign or delegate any or all of our rights or obligations under this Agreement, without notice to you.