The following terms and conditions (the “Agreement”) govern all use of the www.Saveful.com (the “Site”) and any mobile applications made available by Munneed Inc. (doing business as “Saveful” and referred to herein as “Saveful”) (taken together with the Site, the “Service”). The Service is owned and operated by Saveful.. The Service is offered subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Saveful. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
The Service helps connect people with products and services from across the Web. Products and services may include things like physical goods (such as a blender or TV set), financial products (such as credit card offers), etc. Such products and services (collectively, “Products”) are provided by third parties (“Merchants”) and are purchased through the Merchant-websites (not the Site).
Subject to the terms and conditions of this Agreement, Saveful will provide User with the Services – for use by User only in accordance with all instructions provided by Saveful (including, without limitation, as may be posted by Saveful on the Site). Saveful may change, suspend or discontinue the Services at any time, including the availability of any feature or content. Saveful may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. Saveful reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Service. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this Agreement as modified.
User certifies to Saveful that User is at least 14 years of age (provided that, if User is located in a state in which 14 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Service, including, without limitation, modems, hardware, software, and long distance or local telephone service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Service.
User agrees that all content and materials (collectively, “Content”) delivered via the Service or otherwise made available by Saveful at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Saveful in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. However, User may print or download a reasonable number of copies of the materials or content at the Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of Saveful. Use of Content for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
User acknowledges and agrees that if User uses the Site to contribute Content (for example, posting questions, product reviews, etc.) to the Service (“User Content”), Saveful (and its successors) is hereby granted a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right to fully exploit such User Content (including all related intellectual property rights), for any purpose, and to allow others to do so. Saveful reserves the right to remove any User Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all. User represents and warrants that (i) it has all right, power and authority, to contribute all of his/her User Content to the Site and grant the foregoing license, (ii) such content will not infringe the rights of any third party, (iii) User’s contribution will not be in conflict with any obligatiaons User has to any third party, (iv) no such content will be pornographic, obscene, defamatory, harrassing, lewd, intentionally misleading, or threatening and (v) neither such content, nor the contribution thereof, will violate any laws or regulations.
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. Saveful reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Saveful server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of Saveful, including any Saveful account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Saveful’s systems or networks, or any systems or networks connected to the Service or to Saveful.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to Saveful on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of Saveful or others.
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless Saveful, its affiliates and each of its, and its affiliates, employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from User’s (i) use or misuse of the Service; (ii) access to any part of the Service, (iii) violation of this Agreement, or (iv) purchase or use of any Product.
Saveful has financial relationships with some of the Merchants. Saveful may be compensated if User chooses to utilize the links located on the Site and generate sales for the applicable Merchant.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY AND ALL THIRD PARTY INFORMATION PROVIDED THROUGH THE SERVICE) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SAVEFUL MAKES NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET USER’S REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK.
IN PARTICULAR, SAVEFUL MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY MERCHANTS OR PRODUCTS (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO PRICE, QUALITY, SAFETY OR AVAILABILITY).
IN NO EVENT SHALL SAVEFUL OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY DATA OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE – INCLUDING PRODUCT RELATED INFORMATION): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). USER ACKNOWLEDGES AND AGREES THAT SAVEFUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY PRODUCTS OR THE ACTS OR OMISSIONS OF ANY MERCHANTS.
THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
User agrees that Saveful is not responsible for any complaints User may have with respect to any Merchant or Product. The purchase of any Product from a Merchant is an arrangement between only User and the applicable Merchant (i.e. Saveful is not a party to any such arrangement). For clarity, Saveful is not a retailer, merchant, distributor or reseller. The Service is simply a means of helping Users locate Products. Saveful will, therefore, not act as an agent or representative of User or any Merchant in connection with resolving any disputes between such parties.
If User has a dispute with any Merchant, User hereby release Saveful (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
To the extent Saveful assists in the resolution of any dispute between User and any Merchant, such assistance is only a courtesy and, therefore, User acknowledges that Saveful shall not be responsible or liable for such assistance or the results thereof.
Saveful may terminate User’s access to all or any part of the Service at any time, with or without cause or notice. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
User agrees not to import, export, re-export, or transfer, directly or indirectly, any part of the Service or any information provided on or pursuant to the Service except in full compliance with all United States, foreign and other applicable laws and regulations.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Saveful or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Saveful and protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of Saveful or its software suppliers and protected by United States and international copyright laws.
When User visits the Site or sends e-mails to Saveful, User is communicating with Saveful electronically. User hereby consents to receive communications from Saveful electronically. Saveful will communicate with User by e-mail or by posting notices on the Service. User agrees that all agreements, notices, disclosures and other communications that Saveful provides to User electronically satisfy any legal requirement that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Saveful shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Saveful’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Saveful’s prior written consent. Saveful may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Notwithstanding the foregoing sentence, (but without limiting either party’s right to seek injunctive or other equitable relief immediately, at any time, in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be settled by arbitration in accordance with the rules and procedures of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties and enforceable in any court. The arbitration proceeding shall take place in San Francisco, California using the English language. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement.
Effective Date: September 8, 2014
Munneed Inc. d/b/a Saveful
155 Harriet Street, Suite 12
San Francisco, CA 94103