2. SaveAround® IS A VENUE. The Website and Mobile Application are communications platforms for enabling connections between customers (“Customers”) and businesses (“Merchants”) seeking SaveAround® products or services. SaveAround® does not assume any responsibility for the accuracy or reliability of any information provided by Customers or Merchants on this Website or on the Mobile Application. SaveAround® does not assume and expressly disclaims any liability that may result from the use of this information. SaveAround® is not responsible for the conduct, whether online or offline, of any User of the Website, the Mobile Application, or of the Service. All Users including both Customers and Merchants do hereby expressly agree not to hold SaveAround® (or SaveAround®'s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Website or Mobile Application, and SaveAround® expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
3. ELIGIBILITY. By using the Website or the Mobile Application, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our products and services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with SaveAround®. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. Any misstatements and/or misrepresentations regarding the age, background, felonies, criminal offenses, experience and/or eligibility for employment in the jurisdiction of the United States of any Users of this Website or the Mobile Application are not the responsibility of SaveAround®. SaveAround® does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Application. Users do hereby represent, understand and agree to hold SaveAround® harmless for any misstatements and/or misrepresentations made by any Users of this Website or the Mobile Applications. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Website or the Mobile Application. SaveAround® reserves the right to immediately terminate the subscription of any person or entity that enrolls (by any means) in a SaveAround® subscription without legal authority or ability to do so.
4. RELEASE. SaveAround® will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes in relation to the use of this Website or the Mobile Application. By using this Site, you do hereby represent, understand, and expressly agree to hold SaveAround® harmless for any claim or controversy that may arise from any disputes between you and any other User(s) of the Website or the Mobile Application. SaveAround® will use its reasonable efforts to monitor this Website and the Mobile Application, including actions, comments, and general usage of the Website and the Mobile Application and suspend privileges to any User not adhering to the policies of the Website and the Mobile Application. You agree to take reasonable precautions in all interactions with other Users of the Website and the Mobile Application, particularly if you decide to meet offline or in person.
5. MEMBERSHIP, COUPON REDEMPTION, FREE TRIALS, BILLING AND CANCELLATION
Subscriptions Generally. SaveAround®’s Mobile Application and the Website offer access to a collection of coupons that can be redeemed with merchants in your geographic area (and in some cases online). By using the Mobile Application or the Website, as opposed to buying a hardcopy coupon book, you can choose how long you would like access to the coupon collection. We offer subscriptions ranging from 1 month to 1 year. Coupons are valid from January 1 through December 31 of each year. THERE MAY BE MULTIPLE COPIES OF SOME COUPONS IN THE COLLECTION, WHILE FOR OTHER COUPONS IN THE COLLECTION THERE IS ONLY ONE COUPON THAT MAY BE REDEEMED DURING THE CALENDAR YEAR. Each January, the coupons in the collection are either renewed and can be used again or will be replaced by coupons from other merchants.
Ongoing Subscription. UNLESS YOU SIGNED UP FOR A SUBSCRIPTION THAT IS EXEMPT FROM AUTOMATIC RENEWAL (AS DEFINED BELOW), YOUR SUBSCRIPTION TO THE WEBSITE OR THE MOBILE APPLICATION, WHICH MAY START WITH A FREE TRIAL, WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM (A FREE TRIAL IS CONSIDERED A “SUBSCRIPTION TERM”). WHEN YOUR SUBSCRIPTION AUTOMATICALLY RENEWS, IT SHALL RENEW FOR THE SAME TERM AND AT THE SAME PRICE AS THE PREVIOUS SUBSCRIPTION TERM UNTIL YOU CANCEL YOUR SUBSCRIPTION, CHANGE YOUR SUBSCRIPTION TERM, OR WE TERMINATE YOUR SUBSCRIPTION. IF YOUR SUBSCRIPTION BEGAN WITH A FREE TRIAL AND IS SLATED FOR AUTOMATIC RENEWAL, AFTER YOUR FREE TRIAL ENDS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A SUBSCRIPTION TERM THAT MATCHES THE ORIGINAL FREE TRIAL TERM AND AT THE PRICE ASSOCIATED WITH SUCH TERM. This means it is very important that you review the price of the subscription that matches your free trial BEFORE you accept the free trial.
Automatic Renewal Exemptions. SUBSCRIPTIONS ARE EXEMPT FROM AUTOMATIC RENEWAL ONLY IF: (1) THE METHOD BY WHICH YOU ENROLL PRESENTS YOU WITH AN OPTION TO OPT-IN TO AUTOMATIC RENEWAL AND YOU CHOOSE NOT TO OPT-IN; (2) YOU ENROLL VIA A PROMOTIONAL CODE THAT INCLUDES NO MENTION OF AUTOMATIC RENEWAL; OR (3) YOU PURCHASE A HARDCOPY COUPON BOOK THROUGH OUR WEBSITE (HARDCOPY COUPON BOOKS PURCHASED THROUGH THE WEBSITE DO NOT CURRENTLY HAVE AN OPTION TO AUTO-RENEW [I.E., AUTOMATICALLY RECEIVE ANOTHER BOOK], SO ALL COUPON BOOKS PURCHASED THROUGH THE WEBSITE REPRESENT A ONE-TIME CHARGE). ALL OTHER METHODS OF ENROLLMENT ARE SUBJECT TO AUTOMATIC RENEWAL UNLESS AND UNTIL THE USER CANCELS THEIR SUBSCRIPTION (WHICH THE USER MAY DO BEFORE THE FIRST AUTOMATIC RENEWAL, WHICH MEANS THE SUBSCRIPTION WILL NEVER AUTOMATICALLY RENEW).
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion If the price of your subscription changes, we will notify you of the change via email at least thirty (30) days before the change in price takes effect. If you allow your subscription to automatically renew (or if you affirmatively renew it) after being notified of the change in price, your subscription will renew at the changed price. For example, if you purchase a six-month subscription that is scheduled to automatically renew on July 1, and we notify you on March 1 that the price of your subscription will increase by $6.00 beginning on June 1, the cost of your subscription will not increase before July 1, but if you allow your subscription to automatically renew on July 1 (or you affirmatively renew it on or after July 1), then your subscription will renew at the price that includes the $6.00 increase.
Account Changes. If you need to access your account to change any information (such as Payment Method, etc), please send an email to app@SaveAround.com.
Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans. Some details regarding your subscription with SaveAround® may be found by visiting the Website or through the Mobile Application. But you may obtain and discuss any information regarding your SaveAround® subscription, as well as information relating to other subscriptions, by emailing app@SaveAround.com. Some promotional memberships are offered by third parties in conjunction with their relationship with SaveAround®. SaveAround® is not responsible for any products or services provided by such third parties, or the conduct of any such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans in our discretion and in accord with these Terms & Conditions.
Coupon Redemption Limit. The Website, Mobile Application, and coupon books purchased through the Website all contain a limited number of redeemable coupons. There may be more coupons for some vendors than for other vendors. You can browse the coupons that will be included in your subscription before signing up – and we recommend that you do – by visiting the Website or through the App Store or Google Play. SaveAround® guarantees only that there will be at least one (1) of each coupon included in your subscription (there may be more). By purchasing a subscription, you acknowledge that you have reviewed the coupons included with your subscription and that you are purchasing the subscription with the knowledge that there may be only one (1) of each coupon included with your subscription. All coupons in our coupon books and mobile app are subject to listed expiration dates.
B. Free Trials
Your SaveAround® subscription may start with a free trial. The free trial period of your subscription lasts for the period specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for certain Users only. SaveAround® reserves the right, in its absolute discretion, to determine your free trial eligibility.
WE WILL BEGIN BILLING YOUR PAYMENT METHOD FOR SUBSCRIPTION FEES AT THE END OF THE FREE TRIAL PERIOD OF YOUR SUBSCRIPTION AND YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (UNLESS EXEMPT FROM AUTOMATIC RENEWAL) IN ACCORD WITH THESE TERMS & CONDITIONS UNLESS YOU CANCEL PRIOR TO THE END OF THE FREE TRIAL PERIOD. To review the specific details of your subscription, including the end date of your free trial period and the price and term for which you subscription will thereafter automatically renew, please email us at App@SaveAround.com.
Additional Promotional Codes. If at any point, whether while enrolled in a free trial or a paid subscription, a User obtains a promotional code for a new free trial, the User may enter the new code and the promotion associated with the new code will automatically be applied at the User’s next renewal period (or if the User’s subscription is not set to renew, at what would be the expiration of the User’s subscription). When the new promotion has ended, if the User was enrolled in a subscription that auto renews prior to entering the new promotional code, the subscription will auto renew according to the temporal and pricing terms that the User has previously selected, and if the user was not enrolled in a subscription that auto renews prior to entering the new promotional code, the User’s subscription will terminate.
Recurring Billing. By starting your SaveAround® subscription and providing or designating a Payment Method, you authorize us to charge you the then-current fee associated with the subscription you have selected, and any other charges you may incur in connection with your use of the Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each subscription term may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a subscription, and you authorize us to charge your Payment Method for such varying amounts, which may be billed in one or more charges.
Billing Cycle. The fee for your subscription will be billed at the beginning of the paying portion of your subscription and again upon the commencement of each renewal term unless and until you cancel your subscription. We automatically bill your Payment Method on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In addition, your renewal date may change due to changes in your subscription. To review or discuss the commencement date for your next renewal period, please email us at App@SaveAround.com. If your renewal date changes, all applicable portions of these Terms & Conditions will apply to the changed renewal date as though the changed renewal date was your original renewal date. As used in these Terms & Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTIONS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by emailing us at App@SaveAround.com. Please include a valid phone number as we will call you to update your payment method (we do not recommend sending credit card information via email; we will call you to discuss or change such information). IF A PAYMENT IS NOT SUCCESSFULLY SETTLED DUE TO EXPIRATION, INSUFFICIENT FUNDS, OR OTHERWISE, AND YOU DO NOT EDIT YOUR PAYMENT METHOD INFORMATION SO THAT PAYMENT IS SUCCESSFULLY SETTLED PRIOR TO THE DATE ON WHICH YOUR SUBSCRIPTION AUTOMATICALLY RENEWS, YOUR SUBSCRIPTION WILL AUTOMATICALLY CANCEL. If you do edit your Payment Method, such editing may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
By designating a Payment Method, you represent to SaveAround® that you have all necessary legal authority to authorize SaveAround® to charge such Payment Method. Designating a Payment Method without the necessary legal authority to do so is a crime. SaveAround® shall not be responsible for any criminal acts, including a user designating a Payment Method without authority, and SaveAround® reserves the right to cancel any user account if SaveAround® learns that the account includes a Payment Method that was designated without the proper legal authority.
Cancellation. You may cancel your subscription at any time, and you will continue to have access to the Service through the end of your paid-for subscription period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS OR UNUSED COUPONS. TO CANCEL YOUR SUBSCRIPTION, SEND AN EMAIL TO App@SaveAround.com. IF YOU WISH TO CANCEL VIA EMAIL, PLEASE INCLUDE IN THE SUBJECT LINE THE WORDS “SUBSCRIPTION CANCELLATION.” Unless your subscription is exempt from automatic renewal, until you cancel, your subscription will automatically renew for the same term and at the same price (and your Payment Method will be billed for this price), subject to any changes that SaveAround® makes to the terms and prices of its subscriptions, as permitted under these Terms & Conditions.
6. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your use and/or registration for use of the Website and the Mobile Application. SaveAround® is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Website or the Mobile Application.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Website or the Mobile Application, or transmit to other Users of the Website or the Mobile Application. You will not post on the Website or the Mobile Application, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to SaveAround® or to any other User of the Website or the Mobile Application.
You understand and agree that SaveAround® may review and delete any Content, in each case in whole or in part, that in the sole judgment of SaveAround® violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Website or the Mobile Application.
By posting Content to any public or private area of the Website or the Mobile Application, you automatically grant, and you represent and warrant that you have the right to grant, to SaveAround®, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by SaveAround® will not infringe or violate the rights (including intellectual property rights) of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Website, the Mobile Application, through the Service, but not directly by SaveAround®, are those of their respective authors. Such authors are solely responsible for such content. SaveAround® does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website, the Mobile Application, or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website, the Mobile Application, or through the Service. Under no circumstances will SaveAround® or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website, the Mobile Application, or transmitted to or by any User of the Website, the Mobile Application, or the Service.
8. NON-SOLICITATION. The Website, Mobile Application, and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with SaveAround® without express written permission from SaveAround®. Should SaveAround® find that you violate the terms of this section or any terms stated herein, SaveAround® reserves the right to terminate your use of the Website and/or Mobile Application at its sole discretion at any time, and further reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
12. COPPA COMPLIANCE. SaveAround® is not intended to be used by minors who are legally unable to enter binding agreements based on the age of majority in the jurisdiction in which they reside or by anyone who may not legally contract with SaveAround®. By signing up, Users represent that they are of the age of majority in the jurisdiction in which they reside and are otherwise legally capable of entering into binding contracts. But as always, Customers and Merchants should monitor children's use of the Internet. SaveAround® will not knowingly collect any information from children under 13. SaveAround® takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, SaveAround® does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User’s registration for or use of the Website or the Mobile Application. We reserve the right to terminate without notice the subscription of any User if we believe that the User has provided any false information to use when registering for or using this Website or the Mobile Application. Should we determine that you provided any false information to us when using this Website or Mobile Application, your subscription will be terminated immediately and we further reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
13. PROHIBITED USE. The Website and Mobile Application is for the personal use of individual Users only. Use of the Website and the Mobile Application is with the permission of SaveAround®. SaveAround® reserves the right to terminate your use of this Website and/or the Mobile Application at its sole discretion at any time. In order to protect the integrity of the Website, Mobile Application, and the Service, SaveAround® also reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website and/or Mobile Application. The Website, Mobile Application, and related services may not be used by any person or organization to recruit, solicit, or contact in any form for employment or contracting for a business not affiliated with SaveAround® without express written consent from SaveAround® in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and should not use the Service, the Website, or the Mobile Application for any illegal or unauthorized purpose, including (but not limited to) collecting Usernames and/or email addresses of Users by electronic or other means, unless express written consent from SaveAround® is obtained in advance.
Should SaveAround® find that you violated the terms of this paragraph or any terms stated herein, SaveAround® reserves the right, at its sole discretion, to immediately terminate your use of the Website and/or the Mobile Application, and/or to assess a reasonable daily penalty fee for removing and permanently deleting, either in a manual or automatic manner, User, Customer or Vendor information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Website or Mobile Application content, including but not limited to, use on a "mirrored", competitive, or third party Website or Mobile Application.
Although SaveAround® cannot monitor the conduct of its Users off the Website or the Mobile Application, it is also a violation of these rules to use any information obtained from the Website, the Mobile Application, or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit written consent from SaveAround®. In order to protect our Users from such advertising or solicitation, we reserve the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
14. LIMITED LICENSE. SaveAround® grants Users a nonexclusive, revocable right to use the Website and/or Mobile Application provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Website or Mobile Application in any manner or form, or (iii) violate any term in this Agreement. In addition, you must not without SaveAround®’s written permission: (a) translate the Website or the Mobile Application into other languages (or attempt to do so); (b) use or copy any material from the Website or the Mobile Application, including, but not limited to, onto other websites or in other mobile applications; or (c) frame any of the Website or the Mobile Application onto your own or another person’s website or mobile application.
15. SMS TEXT MESSAGE ALERT SERVICE. SaveAround® may make an SMS text message alert service available to Customers and/or Merchants. Customers and/or Merchants who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give SaveAround® express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that SaveAround® does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although SaveAround® does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from SaveAround®.
16. NO WARRANTY. The information and materials contained in this Website and the Mobile Application, including text, graphics, information, links or other items are provided "as is", "as available". SaveAround® DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
17. LIMITATION ON LIABILITY. Under no circumstances will SaveAround®, SaveAround®'s agents and employees, officers, directors, corporate partners, or participants be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or the Mobile Application, any information received from the Website or the Mobile Application, any email distributed to any User or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if SaveAround®, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Users release SaveAround® and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes. This limitation on liability hereby expressly absolves SaveAround® from any and all liability relating to disputes between users and merchants relating to the validity or acceptance of coupons.
SaveAround® is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website, the Mobile Application, and/or in connection with the Service. Under no circumstances will SaveAround® or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting in any way from anyone's use of the Website, the Mobile Application, or the Service, any Content posted on the Website or the Mobile Application, or transmitted to Users, or any interactions between Users of the Website or the Mobile Application, whether online or offline. The Website, the Mobile Application, and the Service are provided "AS-IS" and SaveAround® EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY KIND WHATSOEVER. SaveAround® cannot guarantee and does not promise any specific results from use of the Website, the Mobile Application, and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website or the Mobile Application is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. SaveAround® makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website or the Mobile Application. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. INDEMNIFICATION. By agreeing to the terms of this Agreement, Users of the Website and/or Mobile Application agree to indemnify, defend and hold harmless SaveAround®, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "SaveAround®") from and against any and all claims, loss, expense or demand of liability, including attorneys' fees and costs incurred by SaveAround® and affiliates in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Website or the Mobile Application, or (ii) use of the Website or Mobile Application by you in violation of these Terms & Conditions or in violation of any law. Users further agree that they will cooperate as reasonably required in the defense of such claims. SaveAround® and affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of SaveAround®. Users further agree to hold harmless SaveAround® and its affiliates. as well as, if applicable, the User's employer or anyone who pays for the Service on the User's behalf, from any claim arising from a third party's use of information or materials of any kind that Users transmit through or post to the Website or the Mobile Application. At your option and on your own volition, you may request to see if your company is on the list of employers that subscribe to the Service on behalf of their employees by submitting an inquiry via company email account addressed to SaveAround®.
19. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from the Website or the Mobile Application infringe your copyright, you may request removal of those materials (or access thereto) from this Website or the Mobile Application by contacting SaveAround®'s copyright agent (identified below) and providing the following information:
Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
Your name, address, telephone number and (if available) e-mail address.
A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
SaveAround®'s agent for copyright issues relating to this Website and the Mobile Application is as follows:
31 Front St
Binghamton, New York 13905
In an effort to protect the rights of copyright owners, SaveAround® maintains a policy for the termination, in appropriate circumstances, of Users of this Website and/or the Mobile Application who are repeat infringers.
20. NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks of SaveAround® and SaveAround®’s logos are service marks owned by SaveAround®. Any other trademarks, service marks, logos and/or trade names appearing on the Website or the Mobile Application are the property of their respective owners. Users acknowledge the rights of SaveAround® and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner.
21. U.S. EXPORT CONTROLS. Software from this Website and the Mobile Application (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or Mobile Application or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
22. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Website, Mobile Application, and/or the Service, by using the Website or the Mobile Application, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive and personal jurisdiction and venue of the New York State Supreme Court sitting in Broome County or the United States District Court for the Northern District of New York for the resolution of any such dispute.
23. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
24. THIRD PARTY AGREEMENTS. You must comply with any applicable third party terms of agreement when using the Website or Mobile Application (e.g., you must ensure that your use of the Mobile Application is not in violation of your mobile device agreement or any wireless data service agreement).
25. SEVERABILITY. If any of these terms should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction which that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms & Conditions herein shall survive, remain in full force and effect and continue to be binding and enforceable.
26. ASSIGNMENT. You shall not, without SaveAround®’s written permission, assign or transfer or purport to assign or transfer this Agreement between you and us to any other person or entity. Any assignment of this Agreement made by you without SaveAround®’s written permission shall be automatically void in every respect. SaveAround®, in its sole discretion, is hereby authorized to assign its rights and obligations under these Terms & Conditions (and any policies incorporated herein), in whole or in part, to any person or entity, at any time and without the consent of you as a User.
27. CHANGES AND TERMINATION. SaveAround® reserves the right to make changes to these Terms and Conditions at any time and for any reason. SaveAround® WILL NOTIFY YOU BY EMAIL OF ANY MATERIAL CHANGES TO THESE TERMS & CONDITIONS AND YOUR USE OF THE WEBSITE, MOBILE APPLICATION, OR THE SERVICE AFTER SUCH CHANGES TAKE EFFECT WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES. SaveAround® also reserves the right to make changes to the Website, Mobile Application, and/or Service at any time and for any reason and your continued use of the Website, Mobile Application, and/or Service after such changes take effect will constitute your acceptance of such changes. SaveAround® may also wish to stop providing the Website or the Mobile Application, and may terminate use of either or both at any time without giving notice of termination to you. Unless SaveAround® informs you otherwise, upon any termination of the Website or the Mobile Application: (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Mobile Application, and (if needed) delete it from your device.
28. CONTACT INFORMATION. If you have any questions or need further information as to the Website, the Mobile Application, or Service provided by SaveAround®, or need to notify SaveAround® as to any matters relating to the Website, Mobile Application, or Service (including any problems you may be experiencing), please contact SaveAround® at:
31 Front St
Binghamton, New York 13905
Last Updated: November 16, 2021