These Universal Terms of Service (collectively, this “Agreement”) is entered into by and between Sav, LLC, a Illinois limited liability company ("Sav") and you, and is made effective as of the date of your use of this website ("Site"). This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”).
"You", "your", and “user” any individual or entity who accepts this Agreement, has access to your account or uses the Services. "We", "us" and "our" refer collectively to Sav.
By using the Site or Services, you agree to all terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised. If you do not agree to the modifications or to any applicable policies or guidelines on the Services, you must stop using the Site or Services. If you have purchased Services from us, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as you take advantage of and use the Services.
Service Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. If there is a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The following general policies apply to all our Services:
We offer the following Services. Within each category, you will find the additional terms and conditions that apply to particular products and services.
This Site and Services are available only to users who can form legally binding contracts under applicable law. By using this Site or Services, you represent and warrant that you are at least eighteen (18) years of age or otherwise recognized as being able to form legally binding contracts under applicable law, and are not a person barred from purchasing or receiving the Services under the laws of the United States or any other applicable jurisdiction.
If you are using the Services on behalf of any entity, you represent and warrant that you have the legal authority to bind such entity to the terms and conditions contained in this Agreement. If Sav finds that you do not have the legal authority to bind such entity, you will be personally responsible for the obligations contained in this Agreement. Sav shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your entity. Sav reserves the right (but undertakes no duty) to require additional authentication from you if there is reasonable doubt about the authenticity of any such instruction, notice, document or communication.
In order to access some of the features of this Site or use some of the Services, you will be required to create an account (“User Account”). It is your responsibility to ensure that the information connected to your User Account is accurate, current and complete. You are required to notify Sav within seven (7) business days of any change in the information you provided as part of the application and/or registration process. If you do not respond to inquiries made by us to determine the validity of information provided by you, for whatever reason, within seven (7) business days, such failure will constitute a material breach of this Agreement.
Sav reserves the right to suspend or terminate your User Account and any Services connected thereto if we have reason to believe that the information connected to your User Account information is not true, accurate, current, or is misleading or incomplete.
You are responsible for keeping the information connected to your User Account secure and confidential. You are solely responsible for the activity that occurs in connection with your User Account, whether authorized by you or not.
You must notify us immediately of any breach of security or unauthorized use of your User Account. Sav will not be liable for any loss you incur due to any unauthorized use of your User Account. You may be liable for any loss we or others incur caused by your User Account, whether caused by you, an authorized person, or an unauthorized person. We may charge you administrative fees equal to $200 (two hundred US Dollars) per hour for our time spent in relation to said matter, regardless of whether or not we return control over the User Account and/or domain names in question to you. You agree to indemnify us for any reasonable attorneys' fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
User Content. Some of the features of this Site or Services, including those Services that are hosted with Sav, may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content also includes all content submitted through your User Account. By posting or publishing User Content to this Site, or via the Services, you represent and warrant that (i) you have all necessary rights to distribute User Content via this Site or Services, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, (ii) you have redacted any confidential information that you do not wish to be public, and (iii) the User Content does not violate any rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your User Account, and the consequences of, and requirements for, distributing it.
User Content (Other Than User Submissions/User Reviews). You shall retain all of your ownership or rights in User Content. By posting or publishing User Content to this Site or through the Services, you authorize us to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Agreement. You hereby grant Sav a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Sav’s (and Sav’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also grant us the right to use your name, location and any other information you submit in connection with such User Content. The use of your or any other user’s name, likeness, voice or identity in connection with various features on the Services does not imply any endorsement of such features or of the Services unless explicitly stated otherwise.
You also hereby grant each user of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Sav may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in Your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Sav shall not use any User Content that has been designated “private” or “password protected” by You for the purpose of promoting this site or Sav’s (or Sav’s affiliates’) business(es).
Sav’s Use of User Content. The provisions in this subsection apply specifically to Sav’s use of User Content posted to our websites (i.e., those sites which Sav directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in User Content. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your User Account, and the consequences of, and requirements for, distributing it. You acknowledge and agree that:
Sav shall own exclusive rights (including all intellectual property and other proprietary rights) to any product reviews or other comments posted to our site(s), and shall be entitled to the unrestricted use and dissemination of any product reviews or other comments posted to Our site(s) for any purpose, commercial or otherwise, without acknowledgment or compensation to You or to anyone else.
You acknowledge and agree that:
We reserve the right to cancel or terminate your use of the Site and/or Services if you engage in any of the activities described above or your usage of the services results in, or is the subject of, legal action or threatened legal action, against Sav or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Except for User Content, with respect to all content on this Site and Services all right, title and interest in and to all (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“Sav Intellectual Property”) are owned by Sav, and/or where applicable its partners and affiliates, and you agree to make no claim of interest in or ownership of any such Sav Intellectual Property. You acknowledge that no title to the Sav Intellectual Property is transferred to you, and that you do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement.
If you elect to sell or resell advertising or web space to a third party then you will be responsible for the content of that advertising and the actions of that third party. Sav has the absolute right to reject any advertising or other third party content that is illegal, or in our sole discretion determined to be, offensive, defamatory or otherwise in breach of any Sav policy or Agreement. Such content may result in the suspension or immediate termination of your User Account.
You are entirely responsible for maintaining the confidentiality of your User Account access credentials and User Account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your User Account or password or in connection with your content displayed, linked, transmitted through or stored on or hosted on our server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to your content; (ii) maintain independent archival and backup copies of your content; (iii) ensure the security, confidentiality and integrity of your content transmitted through or stored on Sav servers; and (iv) ensure the confidentiality of your password.
Sav's servers are not an archive and Sav shall have no liability to you or any other person for loss, damage or destruction of any of your content. Though some Services offered by Sav are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to your business. Sav shall have no liability to you or any other person for your use of our Services in violation of these terms. You agree not to undertake any activities that may impact or place at risk Sav’s ability to maintain our PCI compliance. We reserve the right to take any action necessary to ensure our ongoing PCI compliance status.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; maintenance, repairs or replacements; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures, or acts of God. You acknowledge that we have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and agree that we assume no liability to you or any other party with regard thereto.
Sav is a service provider and respects the copyrights and other intellectual property rights of others. To the extent Sav receives a proper notice of infringement of copyright, trademark or other intellectual property, as per our Copyright and Trademark Policies, Sav reserves the right to access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
Sav expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Sav also reserves the right to modify, suspend and/or cancel an account, subscriber and/or domain name for even one instance of infringement, with no refund to you.
If you would like to submit (a) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which you hold a bona fide copyright, please refer to Sav’s Copyright and Trademark Policies.
In general, Sav does not pre-screen User Content. Sav does, however, reserve the right (but undertakes no duty) to do so. Sav also reserves the right to decide whether any item of User Content is appropriate and/or complies with this Agreement. Sav may remove any item of User Content and/or terminate a user’s access to this Site or the Services for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Sav in its sole and absolute discretion), at any time and without prior notice. Sav may also terminate a user’s access to this Site or Services if Sav has reason to believe the user is a repeat offender. If Sav terminates your access to this Site or Services, Sav may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers, including without limitation your User Account and all User Content.
Sav reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Sav makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, that product or service will no longer be supported by Sav, in any way, effective on the EOL date.
Notice and Migration. When applicable, Sav will attempt to notify you thirty (30) days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Sav will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase or a prorated refund, to be determined by Sav in its sole and absolute discretion. When available, Sav may, with or without notice to you, migrate you to the most up-to-date version of the Service. You agree to take full responsibility for any and all loss or damage arising from any such migration.
No Liability. Sav will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
Payment Due at Time of Order; Non-Refundable. At the time you order Services, you are required to pay all amounts. Payments are non-refundable unless otherwise noted in the Refund Policy.
Price Changes. Sav reserves the right to change its prices and fees at any time. Any changes to prices and fees for our Services will be posted on the Site and effective immediately with or without notice to you. If the term of Services you have purchased is for a period of months or years, changes in prices and fees shall be effective when the Services come up for renewal as further described below.
Payment Types. Except as prohibited in any product-specific agreement, you may be able to pay for Services by using any of the following “Payment Methods”: (i) valid credit card; (ii) electronic payment from your personal or business checking account (as defined below); (iii) PayPal, (iv) International Payment Option (as defined below) or (v) via in-store credit balances, if applicable (and as defined below), (individually referred to as a “Payment Method”). You are solely responsible for keeping a current, valid Payment Method on file if you have any active Services in your User Account.
Refunds Issued. Where refunds are issued to your Payment Method, Sav's issuance of a refund receipt is only confirmation that Sav has submitted your refund to the Payment Method charged at the time of the original sale. Sav has no control over when a refund will be applied towards your Payment Method’s available balance. The payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting refunds.
Auto-Renewal Terms. In order to ensure that you do not experience an interruption or loss of Services, all Services are offered on a default automatic renewal. You may view or change or disable your automatic renewal settings at any time by logging into your User Account. Other than as required by applicable law, Sav does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request.
Except for reasons described below in this Section, automatic renewal automatically renews the applicable service upon expiration of the then current term for a renewal period equal in time to the most recent service period (except for domain names which may renew for the original service period). However, in the event renewal with the Payment Method on file fails, Sav may attempt to renew the applicable service for a period less than the original subscription period to the extent necessary for the transaction to succeed. Alternatively, Sav may attempt to charge the Payment Method(s) designated as "backup" in your User Account.
Renewals will be charged at Sav’s then current rates, which you acknowledge and agree may be higher or lower than the rates for the original service period. If you do not wish for any service to automatically renew, you may elect to cancel renewal, in which case, your services will terminate upon expiration of the then current term, unless you manually renew your services prior to that date and Sav shall not be liable to you or any third party regarding the same.
Sav may also participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Sav may automatically update your payment profile on your behalf. Sav makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account Settings, including but not limited to (i) cancelling products and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of services, and Sav shall not be liable to you or any third party regarding the same.
If for any reason Sav is unable to charge your Payment Method for the full amount owed, or if Sav receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, Sav may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation or transfer, without notice to you, of any domain names or Services registered or renewed on your behalf.
Sav may offer product-level pricing in various currencies. The transaction will be processed in the selected currency and the pricing displayed during the checkout process will be the actual amount submitted for payment. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charge, which may be added to the final amount that appears on your bank statement or post as a separate amount. Please check with the issuer of your Payment Method for details. In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.
(B) REFUND POLICY
Products and Services available for refunds are described here (“Refund Policy”).
You agree that Sav, at our sole discretion and at any time, may pause, terminate, or change the Refund Policy without notice, for any reason, and with no commitment to refund or credit any fees previously paid to Sav.
(C) IN-STORE CREDIT BALANCES
In the event that your Account contains an in-store credit balance: (1) you may apply any available credit balance to any future purchase in your User Account; and (2) you authorize Sav to apply any available credit balance to any outstanding administrative fees, chargebacks, or other fees related to your User Account. In the event that Sav is unable to successfully charge either the Payment Method associated with a specific Service in your account or your backup Payment Method(s) when processing Service renewals, Sav may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Sav is not responsible for the loss of products resulting from an inability to collect funds from your Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using Sav’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, Sav may also impose an additional administrative fee.
You can verify your available in-store credit balance at any time through your User Account. You acknowledge that in-store credit balances are non-transferrable, may only be used in the User Account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that Sav terminates your User Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by Sav and will not accrue or pay interest for your behalf. To the extent any interest may accrue, Sav is entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
(D) EXPIRED DOMAIN NAME PURCHASES
For expired domains names purchased through your account, you agree that you are responsible for payment immediately upon auction close for the successful bid amount via any valid payment method associated with the account, will be charged immediately following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.
(E) ADMINISTRATIVE FEES
Sav also reserves the right to charge you reasonable “administrative” fees" of $40 (forty US dollars) per hour, minimum of one hour, for (i) tasks Sav may perform outside the normal scope of its Services, (ii) additional time and/or costs Sav may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by Sav in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by Sav staff or by outside firms retained by Sav; (iii) recouping any and all costs and fees, including the cost of Services, incurred by Sav as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with Sav.
Sav expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any User Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Sav in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Sav in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Sav, its officers, directors, employees and agents, as well as Sav's affiliates, including, but not limited to, instances where you have sued or threatened to sue Sav, or (ix) to respond to an excessive amount of complaints related in any way to your User Account, domain name(s), or content on your website that could result in damage to Sav’s business, operations, reputation or shareholders.
Sav expressly reserves the right to review any User Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those User Accounts that exceed allowed levels.
Sav expressly reserves the right to terminate, without notice to you, any and all Services where, in Sav's sole discretion, you are harassing or threatening Sav and/or any of Sav's employees.
Sav Content. Except for User Content, the content on this Site and the Services , including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Sav Content”), are owned by or licensed to Sav in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Sav Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Sav. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Sav reserves all rights not expressly granted in and to the Sav Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
This Site and the Services may contain links to third-party websites that are not owned or controlled by Sav. Sav assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Sav does not censor or edit the content of any third-party websites. By using this Site or the Services, you expressly release Sav from any and all liability arising from your use of any third-party website. Accordingly, Sav encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND SAV ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Sav, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
IN NO EVENT SHALL SAV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SAV’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD SAV, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICE OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
Sav makes no representation or warranty that the content available on this Site or Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services are responsible for compliance with all local laws, rules and regulations.
(A) Disputes. The terms of this Section shall apply to all Disputes between you and Sav, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Sav arising under or relating to any Sav Services, Sav’s websites, this Agreement, or any other transaction involving you and Sav, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Sav AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Sav FOR (I) TRADE SECRET MISAPPROPRIATION, (II) PATENT INFRINGEMENT, (III) COPYRIGHT INFRINGEMENT OR MISUSE, AND (IV) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
(B) Binding Arbitration. You and Sav further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in this Agreement; (ii) this Agreement memorializes a transaction in interstate commerce; (iii) the Federal Arbitration Act (9 U.S.C. §1, et seq.) governs the interpretation and enforcement of this Section; and (iv) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in this Agreement and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
(C) Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.
(D) Dispute Notice.In the event of a Dispute, you or Sav must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Sav must be sent by US Mail addressed to Sav, LLC, 2229 South Michigan Ave Suite 303, Chicago, IL 60616 with email copy to [email protected] (collectively, the “Sav Notice Address”). Any Dispute Notice to you will be sent by US Mail and by email to the most recent addresses we have on file or otherwise in our records for you. If Sav and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Sav may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
(E) WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND SAV AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS. NEITHER YOU NOR Sav WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OF PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
(F) Arbitration Procedure. If a party elects to commence arbitration, the arbitration will be administered by the American Arbitration Association (“AAA”) and governed by the Consumer Arbitration Rules of the AAA (“AAA Rules”) in conjunction with the rules set forth in these Terms, except that AAA may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration shall be limited to the resolution only of individual claims. The AAA Rules are at www.adr.org. If there is a conflict between the AAA Rules and the rules set forth in this Agreement, the rules set forth in this Agreement shall govern. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. The arbitrator is bound by this Agreement. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall also have exclusive authority to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim. Notwithstanding this broad delegation of authority to the arbitrator, a court may determine the limited question of whether a claim or cause of action is for (i) trade secret misappropriation, (ii) patent infringement, (iii) copyright infringement or misuse, or (iv) trademark infringement or dilution, which are excluded from the definition of “Disputes” as stated above. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Chicago, Illinois (USA).
(G) Initiation of Arbitration Proceeding. If either you or Sav decide to arbitrate a Dispute, we agree to the following procedure:
iii. Send one copy of the Demand for Arbitration to the other party at the same addresses as the Dispute Notice, or as otherwise agreed to by the parties.
(H) Hearing Format. In all hearing formats, the arbitrator shall issue a written decision that explains the essential findings and conclusions on which an award, if any, is based. During the arbitration, the amount of any settlement offer made by Sav or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Sav is entitled. The discovery or exchange of non-privileged information relevant to the Dispute may be allowed during the arbitration.
(I) Arbitration Fees and Payments.
The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
(J) Claims or Disputes Must be Filed Within One Year.To the extent permitted by law, any claim or dispute relating to this Agreement or to Sav’s provision of the Site and/or Services must be filed within one year in small claims or in arbitration. The one-year period begins when the claim or Notice of Dispute first could be filed. If not filed within one year, the claim or dispute will be permanently barred.
(K) Amendments to this Section. Notwithstanding any provision in this Agreement to the contrary, you and Sav agree that if Sav makes any future amendments to the dispute resolution procedure and class action waiver provisions (other than a change to Sav’s contact information) in this Agreement, then Sav will notify you and you will have thirty (30) days from the date of notice to affirmatively opt-out of any such amendments. If you affirmatively opt-out of any future amendments, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Section as stated in the then-current Agreement, without any of the proposed amendments governing. If you do not affirmatively opt-out of any future amendments, you will be deemed to have consented to any such future amendments.
(L) Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void. The terms of this Section shall otherwise survive any termination of the Agreement.
(M) Exclusive Venue for Other Controversies; Waiver of Jury Trial.Sav and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in an appropriate state or federal court in Chicago, Illinois (USA). Each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy. You also agree to waive the right to trial by jury in any such action or proceeding.
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Sav is unable to issue payment to such customer or (ii) Sav issued payment to such customer in the form of a paper check, but the check was never cashed, then Sav shall turn over such account balance to the State of Illinois in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, Sav may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
This Site and Services are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services to collect, store or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
This Agreement, along with all policies and the applicable Service Agreements identified above and incorporated herein by reference, are executed in the English language. Where a translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
If you have any questions about this Agreement, please contact us by email.