Savetastic Terms of Service — LAST UPDATED: January 27, 2021
Description of Service; Minimum Age Requirements.
1. Description of Service. Savetastic is your top destination for money-saving tips, tricks and secrets. Through cutting-edge content, interactive tools, an engaged community, and the innovative Savetastic Chrome Extension — which scours the internet for the very best offers online — Savetastic will help you save money in all aspects of your life.
Modifications to These Terms.
3. Procedure. At any time Savetastic may change or update these Terms. We will provide notice to you of any material change or update in these Terms by posting notice to the Service. Your continued use of the Service after our notice to you of a change in these Terms means that you have agreed to the amended or updated Terms.
4. Your Obligation to Stay Current. We encourage you to check the Service regularly to review these Terms.
5. Modifications to Service. We reserve the right to change the URL, modify or discontinue, and restrict or block access to, the Service, at any time and for any reason, without notice to you. We may modify or remove any Content (as defined below) from the Service, at any time and for any or no reason, without notice to you, including the removal of Content that we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. Occasionally, there may be information on the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the Service or on any related website or Mobile Application is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the Service or on any related website or Mobile Application, except as required by applicable local, state, federal or international laws, regulations, or statutes (collectively, “Applicable Law”). No specified update or refresh date applied to the Service or on any related website or Mobile Application should be taken to indicate that all information on the Service or on any related website or Mobile Application has been modified or updated.
Content on the Service; Accounts.
6. Content Protected by Intellectual Property Rights; No Warranty. Any content available through the Service, including tools, Mobile Applications, software, text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Savetastic Content”) is protected by the intellectual property rights of Savetastic or its licensors. SAVETASTIC.COM, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT:
(a) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT; OR
(b) THE SATISFACTION OF ANY LAWS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUGS OR OTHER HEALTH-RELATED PRODUCTS AND SERVICES.
7. Establishing an Account. We may request that you create an account (“Account”) to access certain features of the Service. You must create an Account to access these features. When creating an Account, you must provide us with accurate and complete registration information as prompted. You must promptly notify us if any of this information changes. If you fail to provide or update this information, we may suspend or terminate your right to access the Service, including suspending or terminating your Account. You may be asked to create a password. You must keep your password confidential. You will be responsible for all use of your password and Account, including, without limitation, any use by any unauthorized third party. You must notify us if you believe your password or Account has been obtained or may be accessed or used by an unauthorized person or entity. In addition, you must notify us immediately if you become aware of any breach or attempted breach of the security of the Service. We recommend that you change your password often. Under no circumstances should you respond to a request for your password, particularly a request from an individual claiming to be our employee or someone operating on our behalf, as we will never ask you for your password.
7.1 Account Security. Savetastic cares about the integrity and security of your Account information. However, Savetastic cannot guarantee that unauthorized third parties will never be able to defeat Savetastic’s security measures or use any Account or personal information you provide to us for improper purposes. You acknowledge that you provide personal information and establish your Account at your own risk. Furthermore, you are entirely responsible for any and all activities that occur under your Account. Savetastic will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. You could be held liable for losses incurred by Savetastic or another party due to someone else using your Account. You may not use anyone else’s Account at any time, without the permission of the Account holder. Your Account is unique to you and may not be transferred to any third party.
7.2 Termination of Your Account. We may terminate your Account at any time for any reason or no reason, including if: (a) we determine that you are (i) in breach of or otherwise acting inconsistently with these Terms or (ii) engaging in fraudulent or illegal activities or other conduct that may result in liability to us; (b) we determine it is required by Applicable Law to terminate your Account; or (c) we decide to stop providing the Service or critical portions of the Service.
Ownership of Rights; User Submissions & Content.
8. Ownership of Your User Content. We do not often post user-generated content on Savetastic. However, if we do, there will be a specific agreement generated and agreed upon by both the Savetastic editor/management team and you.
8.1 User Submissions. You may choose to, or we may invite you to, submit ideas, comments, ideas, suggestions, documents, proposals or other feedback about the Mobile Application, the Site, the Service or any modifications, features or improvements thereto (collectively, “Submissions”). When you submit any Submissions, you represent, warrant, and agree that: (a) your Submissions do not include confidential or proprietary information; and (b) Savetastic has no obligation to pay or reimburse you for your Submissions or our use of your Submissions. You agree that Savetastic shall own any and all Submissions and Savetastic shall have the right to use, in any manner and for any purpose whatsoever, any and all Submissions. You hereby assign to Savetastic all right, title and interest that you may acquire in and to any Submissions.
8.2 Prohibited Content. You must not post to the Service any Content that, as reasonably determined by Savetastic is: (a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person’s privacy or protected data, hateful, or racially or otherwise objectionable; (b)infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity, or content that is the subject of any claim of infringement or violates any unfair competition law; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to post; or (g) in violation of any applicable local, state, national or international law (including export laws).
8.3 Prohibited Conduct. You must not do, or attempt to do, any of the following, as reasonably determined by Savetastic, subject to Applicable Law:
(a) access or use the Service in any way that is not in compliance with any Applicable Law, contracts, intellectual property rights or constitutes the commission of a tort, or for any purpose that is harmful or unintended (by us), or other than in full compliance with these Terms;
(b) access, tamper with, or use services or areas of the Service that you are not authorized to access;
(c) alter information on or obtained from the Service;
(d) tamper with postings, registration information, Account information, profiles, Submissions or Savetastic Content belonging to Savetastic or its licensors, or the User Content of other users of the Service, including within the Community Services;
(e) use any robot, spider, scraper or other automated means or interface not provided by us to access the Service or extract data or gather or use information, such as email addresses, available from the Service or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”;
(f) frame any part of the Service, or link to the Service, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Content for any purpose except as expressly permitted in writing by Savetastic;
(g) impersonate or misrepresent your affiliation with any person or entity;
(h) reverse engineer any licensed software, Mobile Application, tools or any other aspect of the Service or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Service;
(i) send to or otherwise impact us or the Service (or anything or anyone else) with harmful, illegal, malicious, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the Service or any recipient;
(j) use the Service to engage in any activity that (a) constitutes harassment or a violation of privacy or threatens other people or groups of people; (b) is harmful to children in any manner; or (c) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias);or
(k) take any action which might impose a significant burden (as determined by us) on the Service’s infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Service.
8.4 Monitoring of Content. We are under no obligation to restrict or monitor the Service or any Content in any way. IT WOULD BE IMPOSSIBLE FOR SAVETASTIC.COM TO MONITOR THE ACCURACY OR RELIABILITY OF ALL OF THE CONTENT AVAILABLE THROUGH THE SERVICE. However, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) and not of Savetastic. Savetastic neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Service.
Intellectual Property; Protection of Content.
9. Intellectual Property. Savetastic owns, or is the licensee to, all right, title and interest in and to the Service and the Savetastic Content, including all rights under patent, copyright, trade secret, trademark, right of publicity, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof.
9.1 License by Savetastic.com to You. You must respect the intellectual property laws protecting the Service and the Content. Savetastic grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to (a) use the Service for your own personal and non-commercial purposes and (b) download, install and use the Mobile Application solely in connection with such use of the Service on compatible devices owned or controlled by you, all of which may only be used in accordance with these Terms and any other rules, restrictions or documentation set forth by Savetastic.
9.2 Reservation of Rights. On its own behalf and the behalf of its licensors, Savetastic reserves all rights in the Content, Site, Mobile Application and Service not expressly granted in this Section 9.
Termination, Suspension or Cancellation.
10. Right to Terminate. We may, at any time, without notice to you, terminate, suspend, or block your access to the Service and your Account if:
(a) we believe in our sole discretion that you may have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, person, or property of Savetastic, our users, or any other person;
(b) requested by law enforcement or other government agencies; or
(c) your Account has extended periods of inactivity.
10.1 Notice of Termination. If Applicable Law requires us to provide notice of termination, suspension, or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
Dealing with Merchants; Links; Social Media; Cash Back Offers.
Savetastic is an Amazon Associate. This means Savetastic earns money from qualifying purchases made via Amazon links on the website.
SAVETASTIC MAY ALSO RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICES.
THIS MEANS SAVETASTIC MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EXTENSION, EMAILS, OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
11.1 Transactions with Third Parties. Typically, Savetastic does not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your transactions and other dealings with third party merchants or advertisers that are found on or through the Service, including “click to purchase,” “co-registration,” and other similar programs, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication and are subject to change. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that Savetastic will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
11.4 Eligibility. Promotions are available to individual users of Savetastic who are residents of the United States and at least eighteen (18) years of age. Participation in any Promotion and the opportunity to earn Rewards from any Promotion are oﬀered at the sole discretion of Savetastic. Purchases for resale or commercial use are excluded from eligibility. In any calendar month, you may be limited to the number of Rewards Oﬀers per Person and the amount that you may earn.
The determination as to what transactions are Qualifying Transactions shall be made by Savetastic in its sole discretion.
11.6 Bonus Rewards. Savetastic may oﬀer a Bonus Reward to certain members who complete a qualifying activity or who meet certain criteria. In order to earn a Bonus Reward, you must satisfy all criteria set forth for earning the Bonus Reward as well as the requirements of these Promotion Terms during the promotion period for the Bonus Reward. Savetastic, in its sole discretion, may adjust the promotion period and/or the bonus amount for Bonus Reward, at any time, without notice. All decisions by Savetastic are ﬁnal and binding on you. Bonus Rewards are a limited time oﬀers and all criteria must be satisﬁed within the dates of the Promotion.
11.7 Returns, Approvals, and No Ownership. For any Rewards Oﬀer, if you return or exchange the items purchased, complete your purchase before or after the Promotion Period, initiate a purchase that results in a chargeback, or fail to satisfy a Minimum Purchase Amount, or any other conditions speciﬁed on the Promotion Landing Page or Rewards Oﬀer Card, Savetastic reserves the right to invalidate or withdraw all or part of the Rewards Oﬀer. The determination of whether or not a purchase qualiﬁes for the Rewards Oﬀer and whether applicable conditions have been satisﬁed is at the sole discretion of Savetastic. In the event of a dispute, you may be required to provide your order conﬁrmation as proof of purchase.
The timing of when Savetastic will issue an Approved Reward will vary based on a number of factors. These factors may include the type of Promotion pursuant to which a Reward is oﬀered and your account activity as a member of Savetastic. While the average payment time is approximately 60 days, Savetastic reserves the right, in its sole discretion, to determine the order and timing in which to process its conﬁrmation of eligible purchases. Rewards may be limited where participation exceeds the Total Rewards Oﬀers available during Promotion or in other cases, as determined by Savetastic in its sole discretion. Savetastic also reserves the right, in its sole discretion, to reevaluate Approved Rewards, at any time, without notice, including, but not limited to, whether purchases qualify for the Promotion and whether applicable conditions have been satisﬁed, and Savetastic, in its sole discretion, may adjust or withdraw any Rewards Oﬀers or any Approved Rewards, at any time, without notice. All decisions by Savetastic are ﬁnal and binding on you.
PLEASE NOTE: Participating in a Rewards Oﬀer does not give you ownership or any other legal claim to any Reward unless and until Savetastic, in its sole discretion, determines that you have met all eligibility criteria and fulﬁlled all requirements for the Promotion and you have completed the Redemption Process.
Savetastic is not responsible for lost or stolen payments or for delivery of payments to the wrong PayPal or Venmo account.
You are responsible for ensuring compliance with any limitations or requirements speciﬁed by Savetastic from time to time, including, but not limited to, requirements not to redeem Approved Rewards that exceed amounts speciﬁed by Savetastic. Savetastic reserves the right, in its sole discretion, from time to time, to cause the redemption of Approved Rewards, in whole or in part, and issue payments to the PayPal account linked to the email address or phone number that you provided Savetastic at the time you created your account, but Savetastic undertakes no obligation to do so under any circumstances. You hereby authorize Savetastic to perform any such redemptions and issue any such payments to the PayPal account linked to the email address or phone number that you provided Savetastic at the time you created your account, automatically and without further action by you.
Use of any automated means or more than one account is prohibited and will result in disqualiﬁcation. In the event of any dispute as to the qualiﬁcation of potential recipients of a Reward, the authorized account holder of the email address or phone number provided to Savetastic at the time the account was created will be deemed the qualiﬁed Reward recipient. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential recipient of Rewards may be required to show proof of being an authorized account holder.
12. Indemnification. You agree to hold Savetastic. and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, independent contractors, licensors, experts, content providers, advisors, vendors, and suppliers, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to: (a) your access to and use of the tools, software, and other aspects of the Service and the Content; (b) your violation of these Terms, and any Applicable Law or the rights of another person or party; (c) any dispute you have with any user of the Service and any dispute you have related to any merchant or advertising found on or through the Service; (d) Savetastic’s resolution (if any) of any dispute you have with any user of the Service; (e) your improper authorization for Savetastic to collect, use or disclose any User Content provided by you; and (f) any disclosures made with your permission.
DISCLAIMER AND WARRANTIES.
13. NO MEDICAL ADVICE. THE SERVICE IS FOR CONSUMER EDUCATIONAL USE ONLY. NOTHING CONTAINED IN THE SERVICE IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. THE SERVICE IS PROVIDED TO EDUCATE CONSUMERS ON HEALTH CARE AND MEDICAL ISSUES THAT MAY AFFECT THEIR DAILY LIVES. THE SERVICE DOES NOT CONSTITUTE THE PRACTICE OF ANY MEDICAL, NURSING OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS OR TREATMENT. WE ADVISE USERS TO ALWAYS SEEK THE ADVICE OF A PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS REGARDING PERSONAL HEALTH OR MEDICAL CONDITIONS. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IF YOU HAVE OR SUSPECT THAT YOU HAVE A MEDICAL PROBLEM OR CONDITION, PLEASE CONTACT A QUALIFIED HEALTH CARE PROFESSIONAL IMMEDIATELY. IF YOU ARE IN THE UNITED STATES AND ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE CALL 911 OR CALL FOR EMERGENCY MEDICAL HELP ON THE NEAREST TELEPHONE.
14. NO ENDORSEMENT. SAVETASTIC.COM DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC FINANCIAL ADVICE OR STRATEGY, INVESTMENTS, TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY SAVETASTIC.COM, SAVETASTIC.COM EMPLOYEES, OTHERS APPEARING ON THE SERVICE AT THE INVITATION OF SAVETASTIC.COM, OR OTHER VISITORS TO THE SERVICE IS SOLELY AT YOUR OWN RISK.
15. YOU ACCEPT THE SERVICE “AS-IS”. YOU ACCEPT THE SERVICE “AS-IS”. WE, AND OUR LICENSORS, CANNOT AND DO NOT GUARANTEE OR WARRANT AGAINST ERRORS, OMISSIONS, DELAYS, INTERRUPTIONS OR LOSSES, INCLUDING LOSS OF DATA OR USER CONTENT. USERS OF THE SERVICE ARE RESPONSIBLE FOR MAINTAINING A MEANS EXTERNAL TO SAVETASTIC.COM FOR THE RECONSTRUCTION OF ANY LOST DATA OR USER CONTENT. SAVETASTIC.COM PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. THAT MEANS THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE SERVICE IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION. ANY ACCESS TO THE SERVICE IS VOLUNTARY. WE WILL REGARD ALL ACCESS AS VOLUNTARY AND AT THE SOLE RISK OF THE USER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVETASTIC.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, TOOLS, SOFTWARE, OR CONTENT INCLUDED ON THE SERVICE. SAVETASTIC.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVETASTIC.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR DATA AND USER CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
16. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NONE OF THE INDEMNIFIED PERSONS ARE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PERSONS EXCEED THE GREATER OF $50.00 AND THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
Copyright Infringement / DMCA.
17. Procedures to Submit a Notice of Claimed Copyright Infringement. Savetastic has a zero tolerance policy for infringement of copyrights and other intellectual property rights. If you believe in good faith that any Content made available through the Service infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us (a “NOCI”) by providing the following information in writing to our designated copyright agent (listed below) (“Designated Agent”):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
(b) identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Service, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Service;
(c) identification of the Content that is claimed to be infringing or to be the subject of infringement activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit Savetastic to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;
(e) a statement that the complaining party has a good faith belief that the use of the Content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
(f) a statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Savetastic’s Designated Agent can be contacted here or at the following address:
ATTN: Copyright Agent
400 Exchange, Suite 250
Irvine, CA 92602
You acknowledge that if you fail to comply with all of the above notice requirements of this Section, your NOCI may not be valid.
When a complete and proper NOCI is received by the Designated Agent, it is Savetastic’s policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (a) removing or disabling access to the Content or other material identified in the NOCI; (b) notifying the applicable Savetastic user that we have removed or disabled access to such material; and (c) terminating such Savetastic user’s Account.
Only notices of suspected intellectual property rights infringement should be sent to the Designated Agent. For all other requests for technical support, feedback, comments, and other communications, please contact Customer Support.
18. Procedures to Supply a Counter-Notice to the Designated Agent. If you, as a Savetastic user, believe that the Content that was removed or to which access was disabled is not infringing, or if you believe you have obtained all required rights from their owners, the owners’ agent, or pursuant to the law, you may send a counter-notice containing the following information to the Designated Agent:
(a) your physical or electronic signature;
(b) identification of the Content that has been removed or to which access has been disabled and the location at which the Content or other material appeared before it was removed or access to it was disabled;
(c) a statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content to be removed or disabled; and
(d) your name, address, telephone number, e-mail address and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which Savetastic may be found, and that you will accept service of process from the person who provided the NOCI to Savetastic or such person’s agent.
If a counter-notice is received by the Designated Agent, Savetastic may send a copy of the counter-notice to the original complaining party that submitted the NOCI informing the complaining party that Savetastic may replace the removed Content and/or cease disabling it in ten (10) business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the Savetastic user from engaging in infringing activity relating to the Content that was the subject of the NOCI.
19. Customer Support. We have no obligation to provide customer support. However, we may provide you with customer support from time to time, at our sole discretion, if you have created an Account and you submit your customer support questions using your Account.
20. Notices and Contact Information. You authorize Savetastic to send notices (including notice of subpoenas or other legal process, if any) via electronic mail to the email address that we have on record for you. You must check the Service for notices, and you will be considered to have received a notice when it is made available to you by posting on the Service or when sent by Savetastic via electronic mail, whether or not received by you. Savetastic may provide notice to any email or other address that you provide to us. You must keep your address current and any notice sent by Savetastic to the address that you have most recently provided is effective notice. With the exception of notices related to removal of licensed material and to copyright infringement as described in Section 5 (Ownership of Rights; License Rights; User Submissions), and Section 16 (Copyright Infringement / DMCA), you must send us any notice by mailing it to our address for Legal Notices which is: Savetastic, 400 Exchange, Suite 250, Irvine, CA 92602 U.S.A., Attn: Legal Department.
21. Notice of Availability of Filtering Software. All users are hereby informed by the provider of this interactive computer service that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children’s Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
22. No Harvesting or Dictionary Attacks Allowed. YOU MAY VIOLATE FEDERAL LAW IF YOU: (A) INITIATE THE TRANSMISSION TO SAVETASTIC.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. “CAN-SPAM ACT OF 2003”) THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (B) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.
23. Fees. Savetastic reserves the right at any time to charge fees for access to the Service, or any portion thereof. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Service, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility.
Changes; Ethics Policy; Disclosures.
24. Changes. We reserve the right, with or without prior notice, to: change descriptions or references to products, subscriptions, software or services; limit the available quantity of any products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Service with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.
Please see our Policies, Ethics & Standards document for Savetastic’s editorial.
26. Notice for California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
27. Users from Other Jurisdictions. By accessing or using the Service, or submitting information (including User Content), you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to these Terms, please do not use the Service. The Service is controlled and operated by Savetastic from the United States. We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.
28. Agreement to Conduct Transactions Electronically. All of your transactions with or through the Service may, at our option, be conducted electronically from start to finish. If we decide to proceed non-electronically, those services will still be governed by the remainder of these Terms unless you enter into different terms on a form provided by us. If the Applicable Law allows you to withdraw your consent to conducting transactions electronically, or if we are ever required to deal with you non-electronically, we reserve the right to charge or increase fees and you agree to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you.
28.1 No Agency. These Terms do not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship.
28.2 Severance. If any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full effect, provided that the allocation of risks described in these Terms is given effect to the fullest extent possible.
28.3 Assignment. These Terms are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Savetastic. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Savetastic will be null and void. Savetastic has the right to transfer, assign and delegate these Terms to one (1) or more third parties without your permission.
28.4 Export Limitations. The Service is controlled by us from our offices in the United States of America and is directed to U.S. users. If you access the Service from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Service in violation of U.S. export laws and regulations or these Terms.
Governing Law; Jurisdiction. Regardless of which jurisdiction you reside, these Terms shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you reside in the United States, except as provided in Section 26.7 below (and claims proceeding in any small claims court), all disputes arising out of or related to your use of the Site, Mobile Application and/or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located within Los Angeles County, California and you agree to submit to the personal jurisdiction and venue of such courts.
28.5 Binding Arbitration.
(a) Arbitration Procedures. You and Savetastic agree that, except as provided in Section 26.7(d) below, all disputes, controversies and claims related to this these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section 26.7 and the JAMS Rules, the terms in this Section 26.7 will control and prevail.
Except as otherwise set forth in Section 26.7(d), you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and we will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Savetastic may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SAVETASTIC.COM WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
(b) Location. The arbitration will take place in Los Angeles County, California, unless the parties agree to video, phone and/or internet connection appearances.
(c) Limitations. You and Savetastic agree that any arbitration shall be limited to the Claim between Savetastic and you individually. YOU AND SAVETASTIC.COM AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
(d) Exceptions to Arbitration. You and Savetastic agree that any Claim seeking to enforce or protect, or concerning the validity of, any of your or Savetastic’s copyrights, trademarks, or patents and any claim for equitable relief related to such Claims are not subject to the above provisions concerning negotiations and binding arbitration. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
28.6 Limitations on Actions. Any action concerning any dispute with respect to the Service must be commenced within one (1) year after the cause of the dispute arises, or the cause of action is barred.
28.7 Interpretation. The paragraph headings in these Terms are included to help make these Terms easier to read and have no binding effect. As used in these Terms, the words “include” and “including” are meant to be illustrative and not exhaustive.
28.8 Entire Agreement. These Terms and any policies and guidelines posted to the Service by Savetastic comprise the entire agreement (the “Entire Agreement”) between you and Savetastic with respect to your use of the Service and supersede all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
28.9 No Waiver. The failure of any party to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or that party’s right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records.
28.10 Further Information. If you have a complaint, you may contact us at Savetastic’s Legal Department:
ATTN: Legal Department
400 Exchange, Suite 250
Irvine, CA 92602