Participation in the Save Around website discount programs, including all extensions of the of the Save Around process,
1. General Definition of Enterprise
SAVEAROUND.COM ("Save Around") is adivision of Save Around Incorporated.
Save Aroundoffers an online service which enables registered participant-users (“User”) to interactively partake indiscounted products and/or services provided by participating merchants. Merchants tender discount certificate(s) for sale (“Certificate”) which may beexchanged for goods/services at Merchant’s establishment(s). Participation in the discount is secured when a sufficient number of Users commit to purchase Certificate(s).
1 A. In accordance with the terms and conditionscontained herein, Save Around agrees to act as User's agent, process certificate purchases, and comply with the Save Around's Privacy and Security Policies.
1 B. In accordance with the terms and conditions contained herein, Users agree to:
i. Authorize Save Around to be their agent to process online transactions on their behalf.
ii. Be bound by the terms and conditions set forth herein.
iii. Comply with Save Around's Privacy and Security Policies.
iv. Comply with anytechnical specifications, rules of operation or security procedures set forthby Save Around.
Users agree and understand that if they do not agree to any of the terms and conditions set forth herein, Users may forfeit further use of Save Around's services.
2. Save around USER ACCOUNT
Save Around makes its Services available for use by the general public, subject to these terms and conditions. When Users use these Services, Users will be asked for their name, address, email address, and other information to identify themselves and will be given the option to create a Save Around account.
Users understand and acknowledge:
i. Responsibility for protecting the security and confidentialityof logon information.
iv. The potential for service interruption within the framework and infrastructure of the internet.
v. The potential for data transmission errorand/or loss, both within the framework and infrastructure of the internet and terminal devices.
vi. That due to circumstances both within and beyond the control of Save Around, access to the website may be interrupted, suspended,or terminated from time to time.
vii. Save Around’s sole discretionary right to change or discontinue elements of the website.
3. Purchasing a Certificate
All purchases are made by credit card. Save Around will not maintain User’s (purchaser's)credit card information. Purchaser’s credit card information is managed by athird party. Save Around will utilize third party online payment transaction services with secure transaction-processing.
4. SAVEAROUND FEES
Save Around does not charge any fees, service, or otherwise.
5. SAVE AROUND'S WEBSITE(S).
Save Around agrees not to post any information, materials or content on its websites that is counter to its purpose and intent. Save Around will not post any material that is defamatory (i.e., disparaging to the reputation of anindividual or business); any material that is obscene, offensive orindecent; any trademarks, logos, copyrighted material or other intellectualproperty without the authorization of the owner; or wittingly, any materials that may damage the operation of a computer (such as a virus, worm or trojan horse).
Save Around is not responsible for any information, materials and/or contents onits website that is posted by Users without Save Around's knowledge or consent.
6. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS.
Use of Save Around's Services is at Users sole risk. Save Around provides the tools, the Site, and the services on an "As Is", "As Available" basis. Each party represents and warrants that it shall performits obligations in a manner that complies with all applicable federal, state, and local laws, regulations, ordinances, and codes. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, IMPLIED WARRANTIES ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. To the extent permitted by law, Save Around expressly disclaims any and all such other warranties.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL Save Around OR ITS EMPLOYEES, OFFICERS OR DIRECTORSBE LIABLE TO Users FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OREXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT Save Around HAS BEEN ADVISED OF THE POSSIBILITY. If Users are dissatisfied with the Services or any content on Save Around's site, or withthe terms and conditions of this Agreement, Users' sole and exclusive remedy is to discontinue using the Services. Users acknowledge, by their use of theServices, that their use of the Services is at their sole risk.
Each party shall indemnify and hold the other, their officers, directors,employees, agents successors and assigns harmless for any losses, claims, actions or proceeding, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney's fees, which arise from any alleged breach of such indemnifying party's representations and warranties made under this Agreement.
9. PROPRIETARY RIGHTS.
Notwithstanding any provision in this Agreement to the contrary, as between SaveAround and Users, Save Around Inc. will retain and own all worldwide right,title and interest in and to their intellectual property and other rights therein, including but not limited to copyrights, patents, trademarks, andtrade secrets in their website and Services and derivatives thereof, andnothing in this Agreement will vest title in Users to any rights therein,except as expressly set forth herein.
Save Around and its licensors shall retain all Intellectual Property Rights in the software, tools, designs, documentation, data and any other material developed or provided by Save Around pursuant to these terms and conditions, including but not limited to the services and any data, text, pictures, sound,graphics, logos, marks, symbols, video, visual, oral or other digital material and any other content of any description, provided by Save Around pursuant hereto or depicted on Save Around's website.
All contents on Save Around's website is owned by Save Around, or other original providers, and is protected by applicable intellectual property and proprietary rights and laws. No use of these contents are permitted without the expressed prior permission of Save Around, and where applicable, the copyright holder.
10. FORCE MAJEURE.
Neither party shall be liable for any default nor is delay in the performance of its obligations hereunder to the extent such default or delay caused by:fire, flood, earthquake, elements of nature or acts of God; riots, civildisorders, or any other similar cause beyond the reasonable control of suchparty. In such event the non-performing party shall be excused from furtherperformance or observance of the obligation(s) so affected for as long as suchcircumstances prevail and such party continues to use its best efforts torecommence performance or observance without delay.
11. TERM & TERMINATION.
Your agreement to abide by these terms and conditions will commenceautomatically upon your initial use of this Service and continue until the earlier of (i) termination of your rights to use the Service by Save Around or (ii) your ceasing to use the Service. Alternatively, this Agreement may also be terminated by either Party, at any point, for any reason, upon a 30-daywritten notice.
12. User CONDUCT.
User must at all times use Save Around's Services in a responsible and legalmanner. In particular (but not exclusively) Users must not do any of the following: misrepresent their identity or affiliation with any other person ororganization; send junk email or spam to people who do not wish to receivemail; delete or falsify any attributions, trademarks or designations of sourcefrom any website content; conduct, display or forward surveys, contests,pyramid schemes or chain letters; or interfere with or disrupt the service orservices or networks connected to the service; collect or store personal data about other Users including email addresses. User agrees that they will comply with all applicable local, state and federal laws, statutes, and regulations regarding use of Save Around's website and Save Around's Services.
A. Entire Agreement.
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
B. Assignment and Transfer.
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the otherparty, which consent shall not be unreasonably withheld or delayed.
C. Governing Law.
This Agreement shall be interpreted and construed according to, and governedby, the laws of the State of New York, excluding any such laws that might direct the application of the laws of another jurisdiction. The federal orstate courts located in the State of New York, County of Broome, shall have jurisdiction to hear any dispute under this Agreement.
D. Attorneys' Fees.
If either party commences legal action to enforce the terms of this Agreement, or should litigation occur between Save Around and User over any other issuesrelating to this Agreement, then the prevailing party in such legal action shall recover from the non-prevailing party all reasonable costs and expenses incurred, including reasonable attorneys' fees and court costs.
No modification or claimed waiver of any provision of this Agreement shall bevalid except by written amendment signed by authorized representatives of SaveAround and User.
If any provision or provisions of this Agreement shall be held to be invalid,illegal, unenforceable or in conflict with the law of any jurisdiction, thevalidity, legality and enforceability of the remaining provisions shall not inany way be affected or impaired thereby.
Terms of Sale
Any coupon, promotion, discount, or DiscountInstrument (“Discount Instrument”) derived from usage of the Save Around website, or extension thereof, are promotions that areacquired by purchase from a participating merchant (“Merchant”) via the SaveAround website or extension thereof.
They areintended to be used exclusively in exchange for goods and/or services at adiscount. When a User places an order for a Discount Instrument from a Merchant,the User offers to purchase the Discount Instrument(s) under the following Termsof Sale. The User acknowledges that it is virtually impossible to accurately represent policies concerning thesale and usage of Discount Instruments for all fifty of the United States; therefore the User acknowledgesthat it is entirely the User’sresponsibility to determine if there exist any specific law, statutes,restrictions, conditions, stipulations, provisions, or acts which may affectthe purchase and/or usage of any, or all Discount Instruments offered on behalfof an, or all Merchants represented on this website.
Users are obliged to create an account prior and in order to purchase any Discount Instrument.
The Discount Instrument purchased may beredeemed for goods and/or services as specified by the Merchant. The Merchant is the seller of the Discount Instrument and services and is responsible for redeeming any Discount Instrument you purchase.
1. Restaurant Discount Instruments.
Restaurants are Merchants that sell food and beverage as primary business vehicles, and have made them available to purchasers of Discount Instruments.
The User shall abide by any rules of redemption specified by the Merchant on the Discount Instrument, including but not limited to quantity and frequency of use. Redemption of Discount Instruments for beverages (including alcoholic beverages) shall be facilitated by the merchant and may be further governed by applicable state and/or local laws. Combiningnon-Save Around instruments of discount (coupons, etc.) is assumed to be prohibited unless otherwise permitted by the Merchant.
i. Discount Instruments shall not replace gratuities, tips or tender due, unless permitted by the Merchant.
ii. Users shall not redeem instruments on a “Take-Out” basis, but shall consider them as tender for “Dine-In” only, and shall further abide by all premises rules of conduct, unless otherwise stated – or subsequently permitted- by the Merchant.
iii. Credit, or other transfer, or transformation of the value of the Discount Instrument is at the sole discretion of the Merchant and as may be governed by law.
iv. Security of the Discount Instrument remains the responsibility of the User. Lost or stolen instruments, reference numbers, or related sale-specific codes are warranted by neither the Merchant, nor Save Around.
v. Discount Instrument shall not be reproduced, re-sold, traded or otherwise used in a manner not consistent with their intended purpose. Any and all usage shall be consistent with applicable governing law; all Discount Instruments are further void to the extent prohibited by relevant law.
vi. Redemption of Discount Instruments in a manner inconsistent with the conditions expressed herein shall render the Discount Instrument void.
vii. Discount Instruments redeemed at less than offered-value (face value) shall have their resulting value balance accounted for and disposed of in a manner and form that remains the sole discretion of the Merchant.
viii. Statutory limitations may exist on that portion of the Discount Instrument value that can be redeemed for alcoholic beverages. It remains the User’s responsibility to determine if there exist any specific, peculiar, or otherwise restrictions, conditions, stipulations, provisions, or acts which may affect the purchase and/or usage of any and all Discount Instruments offered on behalf of any and all Merchants via this website as to their usage in conjunction with redemption with the intent of the acquisition of alcoholic beverages. Compliance with relevant law is the responsibility of the Merchant.
ix. As essentially a Transfer Agent for certificates (Discount Instruments), Save Around assumes no role in any interpretation, or governance of redemption scenarios as may be guided by applicable codes, statutes, or law.
2. Non-Restaurant Merchant Discount Instruments
Merchant Discount Instrument are only applicable for redemption towards merchandise, or services purveyed by the Merchant, and not be applicable toward ancillary services, such as shipping, handling, etc. There is a Limit Of One (1) Discount Instrument per redemption. Credit, or other transfer, or transformation of the value of the Discount Instrument is at the sole discretion of the Merchant and as may be governed by law.
i. Security of the Discount Instrument remains the responsibility of the User. Lost or stolen instruments, reference numbers, or related sale-specific codes are warranted by neither the Merchant, nor Save Around.
ii. Combining non-Save Around instruments of discount (coupons, etc.) is assumed to be prohibited unless permitted by the Merchant. Discount Instrument shall not be reproduced, re-sold, traded or otherwise used in a manner not consistent with their intended purpose. Any and all usage shall be consistent with applicable governing law; all Discount Instruments are further void to the extent prohibited by relevant law.
iii. Redemption of Discount Instruments in a manner inconsistent with the conditions expressed herein shall render the Discount Instrument void. iv. Discount Instruments redeemed at less than offered-value (face value) shall have their resulting value balance accounted for and disposed of in a manner and form that remains the sole discretion of the Merchant.
All Discount Instruments are governed by andsubordinate to the terms and conditions expressed herein, as well as those ofthe participating Merchants, which are the sellers of the goods and/or servicesyou are may purchase
The Holder and Issuer of a Restaurant DiscountInstrument is the Restaurant.
The Holder and Issuer of a Merchant DiscountInstrument is the Merchant.
The Restaurant or Merchant, as Holders andIssuer of all Discount Instruments, shall be fully and solely responsible forany and all claims of injury, illness, damage, or such similar categorical claims as may be experienced and set forth by customers at establishment types, and asmay be claimed to have been caused in part, or in whole, by the Restaurant orthe Merchant. This further applies to any and all unused or unclaimed propertyliability arising from unredeemed Discount Instruments or percentage thereof.You hereby waive, and entirely release SaveAround and its directors, officers,employees and agents from any claim of damage, injury, or liability developingfrom or related to any commission, or omission of any Merchant or Restaurant inconjunction with the redemption of a Discount Instrument obtained by purchaseat the website.