| Virtual Re-Union |
| Savvy & Saved Site Usage And Terms Of Conditions Agreement |
1. ACCEPTANCE OF TERMS OF SERVICE
Savvy and Saved Inc. (“Savvy & Saved”) welcomes you. Savvy & Saved provides the Savvy & Saved Services (defined below) to you subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Savvy & Saved
Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Savvy & Saved owned or
operated services, you and Savvy & Saved shall be subject to any posted guidelines or rules applicable to such services, which may be posted and
modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
Savvy & Saved may also offer other services that are governed by different Terms of Service. For instance, different terms apply to different
services on SavvyandSaved.com or members of Savvy & Saved.com.
2. DESCRIPTION OF SAVVY & SAVED SERVICES
Savvy & Saved provides users with access to a rich collection of resources, including without limitation various communications tools, forums,
shopping services, search services, personalized content and branded programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed (the "Savvy & Saved Services"). You also understand and agree that the
Savvy & Saved Services may include advertisements and that these advertisements are necessary for Savvy & Saved to provide the Savvy & Saved
Services. You also understand and agree that the Savvy & Saved Services may include certain communications from Savvy & Saved, such as
service announcements, administrative messages and the Savvy & Saved Newsletter, and that these communications are considered part of Savvy &
Saved membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or
enhances the current Savvy & Saved Services, including the release of new Savvy & Saved properties, shall be subject to the TOS. You understand
and agree that the Savvy & Saved Services is provided "AS-IS" and that Savvy & Saved assumes no responsibility for the timeliness, deletion, mis-
delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Savvy & Saved
Services, and that access may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Savvy & Saved Services. You understand that the technical processing and transmission
of the Savvy & Saved Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Please be aware that Savvy & Saved has created certain areas on the Savvy & Saved
Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Savvy & Saved Services, you represent that you are of legal age to form a binding contract and are not a person
barred from receiving the Savvy & Saved Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by the Savvy & Saved Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Savvy & Saved has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Savvy & Saved has the right to suspend or terminate your account and refuse any and all current or future use of the Savvy &
Saved Services (or any portion thereof). Savvy & Saved is concerned about the safety and privacy of all its users, particularly children. For this
reason, parents of children under the age of 13 who wish to allow their children access to the Savvy & Saved Services must create a Savvy & Saved
Family Account. When you create a Savvy & Saved Family Account and add your child to the account, you certify that you are at least 18 years old
and that you are the legal guardian of the child/children listed on the Savvy & Saved Family Account. By adding a child to your Savvy & Saved Family
Account, you also give your child permission to access many areas of the Savvy & Saved Services, including, email, message boards and instant
messaging (among others). Please remember that the Savvy & Saved Services is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Savvy & Saved Services areas and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. SAVVY & SAVED PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Savvy & Saved
Privacy Policy at http://info.yahoo.com/privacy/us/yahoo/, or if you came from Savvy & Saved Kids, then see our Savvy & Saved Kids Privacy Policy at
http://info.yahoo.com/privacy/us/yahoo/kids. You understand that through your use of the Savvy & Saved Services you consent to the collection and
use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other
countries for storage, processing and use by Savvy & Saved and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Savvy & Saved Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You
agree to (a) immediately notify Savvy & Saved of any unauthorized use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Savvy & Saved cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you,
and not Savvy & Saved, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Savvy &
Saved Services. Savvy & Saved does not control the Content posted via the Savvy & Saved Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the Savvy & Saved Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Savvy & Saved be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Savvy & Saved Services.
You agree to not use the Savvy & Saved Services to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Savvy & Saved official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Savvy & Saved Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose
(please read our complete Spam Policy);
h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Savvy & Saved Services are able to type, or
otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. Interfere with or disrupt the Savvy & Saved Services or servers or networks connected to the Savvy & Saved Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Savvy & Saved Services, including using any device, software or
routine to bypass our robot exclusion headers;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m
above.
You acknowledge that Savvy & Saved may or may not pre-screen Content, but that Savvy & Saved and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Savvy & Saved Services. Without limiting the
foregoing, Savvy & Saved and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Savvy & Saved or submitted to Savvy &
Saved, including without limitation information in Savvy & Saved Message Boards and in all other parts of the Savvy & Saved Services.
You acknowledge, consent and agree that Savvy & Saved may access, preserve and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce
the TOC; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect
the rights, property or personal safety of Savvy & Saved, its users and the public.
You understand that the Savvy & Saved Services and software embodied within the Savvy & Saved Services may include security components that
permit digital materials to be protected, and that use of these materials is subject to usage rules set by Savvy & Saved and/or content providers who
provide content to the Savvy & Saved Services. You may not attempt to override or circumvent any of the usage rules embedded into the Savvy &
Saved Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Savvy & Saved
Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON SAVVY & SAVED NETWORK
When you register with Savvy & Saved, you acknowledge that in using the Savvy & Saved Services to send electronic communications (including but
not limited to email, search queries, sending messages to Savvy & Saved Chat or Savvy & Saved Groups, uploading photos and files to Flickr, and
other Internet activities), you will be causing communications to be sent through Savvy & Saved's computer networks, portions of which are located in
California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Savvy
& Saved's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate
in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.
Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the
Savvy & Saved Services and transfer, posting and uploading of software, technology, and other technical data via the Savvy & Saved Services may
be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and
regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.
S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Savvy
& Saved Services to parties identified on such lists; (b) agree not to use the Savvy & Saved Services for military, nuclear, missile, chemical or
biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Savvy & Saved Services any software,
technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SAVVY & SAVED SERVICES
Savvy & Saved does not claim ownership of Content you submit or make available for inclusion on the Savvy & Saved Services. However, with
respect to Content you submit or make available for inclusion on publicly accessible areas of the Savvy & Saved Services, you grant Savvy & Saved
the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Savvy & Saved Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Savvy & Saved Services solely for the purposes of
providing and promoting the specific Savvy & Saved Group to which such Content was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Savvy & Saved Services and will terminate at the time you remove or Savvy & Saved
removes such Content from the Savvy & Saved Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Savvy & Saved
Services other than Savvy & Saved Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content
on the Savvy & Saved Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Savvy & Saved Services and will terminate at the time you remove or Savvy & Saved removes
such Content from the Savvy & Saved Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of
the Savvy & Saved Services other than Savvy & Saved Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Savvy & Saved Services are those areas of the Savvy & Saved network of properties that are intended by Savvy &
Saved to be available to the general public. By way of example, publicly accessible areas of the Savvy & Saved Services would include Savvy &
Saved Message Boards and portions of Savvy & Saved Groups and Flickr that are open to both members and visitors. However, publicly accessible
areas of the Savvy & Saved Services would not include portions of Savvy & Saved Groups that are limited to members, Savvy & Saved services
intended for private communication such as Savvy & Saved Mail or Savvy & Saved Messenger, or areas off of the Savvy & Saved network of
properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Savvy & Saved.
10. CONTRIBUTIONS TO SAVVY & SAVED
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Savvy & Saved through its suggestion or feedback webpages, you
acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Savvy & Saved is not under any
obligation of confidentiality, express or implied, with respect to the Contributions; (c) Savvy & Saved shall be entitled to use or disclose (or choose not
to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Savvy & Saved may have something similar to the
Contributions already under consideration or in development; (e) your Contributions automatically become the property of Savvy & Saved without any
obligation of Savvy & Saved to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Savvy & Saved under any
circumstances
.
11. INDEMNITY
You agree to indemnify and hold Savvy & Saved and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or
otherwise make available through the Savvy & Saved Services, your use of the Savvy & Saved Services, your connection to the Savvy & Saved
Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF SAVVY & SAVED SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Savvy
& Saved Services (including Content, advertisements, Software and your Savvy & Saved ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Savvy & Saved may establish general practices and limits concerning use of the Savvy & Saved Services, including without
limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Savvy & Saved
Services, the maximum number of email messages that may be sent from or received by an account on the Savvy & Saved Services, the maximum
size of any email message that may be sent from or received by an account on the Savvy & Saved Services, the maximum disk space that will be
allotted on Savvy & Saved's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the
Savvy & Saved Services in a given period of time. You agree that Savvy & Saved has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by the Savvy & Saved Services. You acknowledge that Savvy &
Saved reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Savvy & Saved reserves
the right to modify these general practices and limits from time to time.
Savvy & Saved Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your
conversations in your Savvy & Saved accounts located on Savvy & Saved servers. This means you can access and search your message history
from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you
in their account on Savvy & Saved too. Your agreement to this TOS constitutes your consent to allow Savvy & Saved to store these communications
on its servers.
14. MODIFICATIONS TO SAVVY & SAVED SERVICES
Savvy & Saved reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Savvy & Saved Services
(or any part thereof) with or without notice. You agree that Savvy & Saved shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Savvy & Saved Services (or any part thereof).
15. TERMINATION
You may terminate your Savvy & Saved account, any associated email address and access to the Savvy & Saved Services by submitting such
termination request to Savvy & Saved.
You agree that Savvy & Saved may, without prior notice, immediately terminate, limit your access to or suspend your Savvy & Saved account, any
associated email address, and access to the Savvy & Saved Services. Cause for such termination, limitation of access or suspension shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other
government agencies, (c) discontinuance or material modification to the Savvy & Saved Services (or any part thereof), (d) unexpected technical or
security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any
fees owed by you in connection with the Savvy & Saved Services. Further, you agree that all terminations, limitations of access and suspensions for
cause shall be made in Savvy & Saved's sole discretion and that Savvy & Saved shall not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Savvy & Saved Services.
Termination of your Savvy & Saved account includes any or all of the following: (a) removal of access to all or part of the offerings within the Savvy &
Saved Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part
thereof), and (c) barring of further use of all or part of the Savvy & Saved Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Savvy & Saved Services,
including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Savvy & Saved shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Savvy & Saved Services.
17. LINKS
The Savvy & Saved Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and
agree that Savvy & Saved is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that
Savvy & Saved shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. SAVVY & SAVED'S PROPRIETARY RIGHTS
You acknowledge and agree that the Savvy & Saved Services and any necessary software used in connection with the Savvy & Saved Services
("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in advertisements or information presented to you through the Savvy & Saved Services or by
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by
applicable law or as authorized by Savvy & Saved or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell,
distribute, transmit, broadcast, publicly perform or create derivative works based on the Savvy & Saved Services, such Content or the Software, in
whole or in part.
Savvy & Saved grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Savvy & Saved Services. You agree not to access the Savvy & Saved Services by any means
other than through the interface that is provided by Savvy & Saved for use in accessing the Savvy & Saved Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SAVVY & SAVED SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SAVVY & SAVED SERVICES AND
SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SAVVY & SAVED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SAVVY & SAVED SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SAVVY & SAVED SERVICES OR
SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SAVVY & SAVED SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SAVVY & SAVED SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAVVY & SAVED SERVICES OR SOFTWARE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE,
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVVY & SAVED OR THROUGH OR FROM THE
SAVVY & SAVED SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SAVVY & SAVED SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SAVVY & SAVED SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SAVVY & SAVED SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SAVVY & SAVED SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAVVY & SAVED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SAVVY & SAVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE
INABILITY TO USE THE SAVVY & SAVED SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SAVVY &
SAVED SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SAVVY & SAVED SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO
YOU.
22. SPECIAL ADMONITION FOR SAVVY & SAVED SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Savvy & Saved Services
concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor beware" is apt. The Savvy & Saved Services is provided for informational
purposes only, and no Content included in the Savvy & Saved Services is intended for trading or investing purposes. Savvy & Saved and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Savvy & Saved
Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24. NOTICE
Savvy & Saved may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS,
MMS, text message, postings on the Savvy & Saved Services, or other reasonable means now known or hereafter developed. Such notices may not
be received if you violate this TOS by accessing the Savvy & Saved Services in an unauthorized manner. Your agreement to this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Savvy & Saved Services
in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of Savvy & Saved’s trademarks, trade names, service marks and other Savvy & Saved logos and brand features, and product and
service names are trademarks and the property of Savvy & Saved Inc. (the "Savvy & Saved Marks"). Without Savvy & Saved's prior permission, you
agree not to display or use in any manner the Savvy & Saved Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Savvy & Saved respects the intellectual property of others, and we ask our users to do the same. Savvy & Saved may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Savvy & Saved's
Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Savvy & Saved's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Savvy & Saved Inc.
P.O. Box 1957
Sacramento, CA 95825
By phone: (913) 205-8047
By fax: (916) 91-3721
By email: copyright@savvyandsaved.com
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Savvy & Saved and governs your use of the Savvy & Saved Services,
superseding any prior version of this TOS between you and Savvy & Saved with respect to the Savvy & Saved Services. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain other Savvy & Saved services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. You and Savvy & Saved each agree that the TOS and the relationship between the parties shall be governed by the laws
of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory)
arising out of or relating to the TOS, or the relationship between you and Savvy & Saved, shall be brought exclusively in the courts located in the
county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Savvy & Saved agree to submit to the
personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Savvy & Saved to exercise or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your Savvy & Saved account is non-transferable and any rights to your Savvy &
Saved ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of
the Savvy & Saved Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Last updated July 15, 2009
Savvy and Saved Inc. (“Savvy & Saved”) welcomes you. Savvy & Saved provides the Savvy & Saved Services (defined below) to you subject to the
following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Savvy & Saved
Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Savvy & Saved owned or
operated services, you and Savvy & Saved shall be subject to any posted guidelines or rules applicable to such services, which may be posted and
modified from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
Savvy & Saved may also offer other services that are governed by different Terms of Service. For instance, different terms apply to different
services on SavvyandSaved.com or members of Savvy & Saved.com.
2. DESCRIPTION OF SAVVY & SAVED SERVICES
Savvy & Saved provides users with access to a rich collection of resources, including without limitation various communications tools, forums,
shopping services, search services, personalized content and branded programming through its network of properties which may be accessed
through any various medium or device now known or hereafter developed (the "Savvy & Saved Services"). You also understand and agree that the
Savvy & Saved Services may include advertisements and that these advertisements are necessary for Savvy & Saved to provide the Savvy & Saved
Services. You also understand and agree that the Savvy & Saved Services may include certain communications from Savvy & Saved, such as
service announcements, administrative messages and the Savvy & Saved Newsletter, and that these communications are considered part of Savvy &
Saved membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or
enhances the current Savvy & Saved Services, including the release of new Savvy & Saved properties, shall be subject to the TOS. You understand
and agree that the Savvy & Saved Services is provided "AS-IS" and that Savvy & Saved assumes no responsibility for the timeliness, deletion, mis-
delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Savvy & Saved
Services, and that access may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and
are responsible for all equipment necessary to access the Savvy & Saved Services. You understand that the technical processing and transmission
of the Savvy & Saved Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt
to technical requirements of connecting networks or devices. Please be aware that Savvy & Saved has created certain areas on the Savvy & Saved
Services that contain adult or mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Savvy & Saved Services, you represent that you are of legal age to form a binding contract and are not a person
barred from receiving the Savvy & Saved Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide
true, accurate, current and complete information about yourself as prompted by the Savvy & Saved Service's registration form (the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or Savvy & Saved has reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Savvy & Saved has the right to suspend or terminate your account and refuse any and all current or future use of the Savvy &
Saved Services (or any portion thereof). Savvy & Saved is concerned about the safety and privacy of all its users, particularly children. For this
reason, parents of children under the age of 13 who wish to allow their children access to the Savvy & Saved Services must create a Savvy & Saved
Family Account. When you create a Savvy & Saved Family Account and add your child to the account, you certify that you are at least 18 years old
and that you are the legal guardian of the child/children listed on the Savvy & Saved Family Account. By adding a child to your Savvy & Saved Family
Account, you also give your child permission to access many areas of the Savvy & Saved Services, including, email, message boards and instant
messaging (among others). Please remember that the Savvy & Saved Services is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Savvy & Saved Services areas and/or Content (as defined in Section 6 below) are
appropriate for your child.
4. SAVVY & SAVED PRIVACY POLICY
Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Savvy & Saved
Privacy Policy at http://info.yahoo.com/privacy/us/yahoo/, or if you came from Savvy & Saved Kids, then see our Savvy & Saved Kids Privacy Policy at
http://info.yahoo.com/privacy/us/yahoo/kids. You understand that through your use of the Savvy & Saved Services you consent to the collection and
use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other
countries for storage, processing and use by Savvy & Saved and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Savvy & Saved Service's registration process. You are responsible for
maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You
agree to (a) immediately notify Savvy & Saved of any unauthorized use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. Savvy & Saved cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you,
and not Savvy & Saved, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Savvy &
Saved Services. Savvy & Saved does not control the Content posted via the Savvy & Saved Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content. You understand that by using the Savvy & Saved Services, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will Savvy & Saved be liable in any way for any Content, including, but not limited to, any
errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Savvy & Saved Services.
You agree to not use the Savvy & Saved Services to:
a. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, a Savvy & Saved official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Savvy & Saved Service;
e. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose
(please read our complete Spam Policy);
h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Savvy & Saved Services are able to type, or
otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. Interfere with or disrupt the Savvy & Saved Services or servers or networks connected to the Savvy & Saved Services, or disobey any
requirements, procedures, policies or regulations of networks connected to the Savvy & Saved Services, including using any device, software or
routine to bypass our robot exclusion headers;
k. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m
above.
You acknowledge that Savvy & Saved may or may not pre-screen Content, but that Savvy & Saved and its designees shall have the right (but not the
obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Savvy & Saved Services. Without limiting the
foregoing, Savvy & Saved and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Savvy & Saved or submitted to Savvy &
Saved, including without limitation information in Savvy & Saved Message Boards and in all other parts of the Savvy & Saved Services.
You acknowledge, consent and agree that Savvy & Saved may access, preserve and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce
the TOC; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect
the rights, property or personal safety of Savvy & Saved, its users and the public.
You understand that the Savvy & Saved Services and software embodied within the Savvy & Saved Services may include security components that
permit digital materials to be protected, and that use of these materials is subject to usage rules set by Savvy & Saved and/or content providers who
provide content to the Savvy & Saved Services. You may not attempt to override or circumvent any of the usage rules embedded into the Savvy &
Saved Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Savvy & Saved
Services, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON SAVVY & SAVED NETWORK
When you register with Savvy & Saved, you acknowledge that in using the Savvy & Saved Services to send electronic communications (including but
not limited to email, search queries, sending messages to Savvy & Saved Chat or Savvy & Saved Groups, uploading photos and files to Flickr, and
other Internet activities), you will be causing communications to be sent through Savvy & Saved's computer networks, portions of which are located in
California, Texas, Virginia, and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Savvy
& Saved's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate
in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.
Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the
Savvy & Saved Services and transfer, posting and uploading of software, technology, and other technical data via the Savvy & Saved Services may
be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and
regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.
S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Savvy
& Saved Services to parties identified on such lists; (b) agree not to use the Savvy & Saved Services for military, nuclear, missile, chemical or
biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Savvy & Saved Services any software,
technology or other technical data in violation of U.S. or other applicable export or import laws.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SAVVY & SAVED SERVICES
Savvy & Saved does not claim ownership of Content you submit or make available for inclusion on the Savvy & Saved Services. However, with
respect to Content you submit or make available for inclusion on publicly accessible areas of the Savvy & Saved Services, you grant Savvy & Saved
the following worldwide, royalty-free and non-exclusive license(s), as applicable:
a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Savvy & Saved Groups, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Savvy & Saved Services solely for the purposes of
providing and promoting the specific Savvy & Saved Group to which such Content was submitted or made available. This license exists only for as
long as you elect to continue to include such Content on the Savvy & Saved Services and will terminate at the time you remove or Savvy & Saved
removes such Content from the Savvy & Saved Services.
b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Savvy & Saved
Services other than Savvy & Saved Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content
on the Savvy & Saved Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long
as you elect to continue to include such Content on the Savvy & Saved Services and will terminate at the time you remove or Savvy & Saved removes
such Content from the Savvy & Saved Services.
c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of
the Savvy & Saved Services other than Savvy & Saved Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute,
reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content
into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Savvy & Saved Services are those areas of the Savvy & Saved network of properties that are intended by Savvy &
Saved to be available to the general public. By way of example, publicly accessible areas of the Savvy & Saved Services would include Savvy &
Saved Message Boards and portions of Savvy & Saved Groups and Flickr that are open to both members and visitors. However, publicly accessible
areas of the Savvy & Saved Services would not include portions of Savvy & Saved Groups that are limited to members, Savvy & Saved services
intended for private communication such as Savvy & Saved Mail or Savvy & Saved Messenger, or areas off of the Savvy & Saved network of
properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Savvy & Saved.
10. CONTRIBUTIONS TO SAVVY & SAVED
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Savvy & Saved through its suggestion or feedback webpages, you
acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Savvy & Saved is not under any
obligation of confidentiality, express or implied, with respect to the Contributions; (c) Savvy & Saved shall be entitled to use or disclose (or choose not
to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Savvy & Saved may have something similar to the
Contributions already under consideration or in development; (e) your Contributions automatically become the property of Savvy & Saved without any
obligation of Savvy & Saved to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Savvy & Saved under any
circumstances
.
11. INDEMNITY
You agree to indemnify and hold Savvy & Saved and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or
otherwise make available through the Savvy & Saved Services, your use of the Savvy & Saved Services, your connection to the Savvy & Saved
Services, your violation of the TOS, or your violation of any rights of another.
12. NO COMMERCIAL REUSE OF SAVVY & SAVED SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Savvy
& Saved Services (including Content, advertisements, Software and your Savvy & Saved ID).
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Savvy & Saved may establish general practices and limits concerning use of the Savvy & Saved Services, including without
limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Savvy & Saved
Services, the maximum number of email messages that may be sent from or received by an account on the Savvy & Saved Services, the maximum
size of any email message that may be sent from or received by an account on the Savvy & Saved Services, the maximum disk space that will be
allotted on Savvy & Saved's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the
Savvy & Saved Services in a given period of time. You agree that Savvy & Saved has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by the Savvy & Saved Services. You acknowledge that Savvy &
Saved reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Savvy & Saved reserves
the right to modify these general practices and limits from time to time.
Savvy & Saved Messenger, including any web-based versions, will allow you and the people with whom you communicate to save your
conversations in your Savvy & Saved accounts located on Savvy & Saved servers. This means you can access and search your message history
from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you
in their account on Savvy & Saved too. Your agreement to this TOS constitutes your consent to allow Savvy & Saved to store these communications
on its servers.
14. MODIFICATIONS TO SAVVY & SAVED SERVICES
Savvy & Saved reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Savvy & Saved Services
(or any part thereof) with or without notice. You agree that Savvy & Saved shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Savvy & Saved Services (or any part thereof).
15. TERMINATION
You may terminate your Savvy & Saved account, any associated email address and access to the Savvy & Saved Services by submitting such
termination request to Savvy & Saved.
You agree that Savvy & Saved may, without prior notice, immediately terminate, limit your access to or suspend your Savvy & Saved account, any
associated email address, and access to the Savvy & Saved Services. Cause for such termination, limitation of access or suspension shall include,
but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other
government agencies, (c) discontinuance or material modification to the Savvy & Saved Services (or any part thereof), (d) unexpected technical or
security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any
fees owed by you in connection with the Savvy & Saved Services. Further, you agree that all terminations, limitations of access and suspensions for
cause shall be made in Savvy & Saved's sole discretion and that Savvy & Saved shall not be liable to you or any third party for any termination of your
account, any associated email address, or access to the Savvy & Saved Services.
Termination of your Savvy & Saved account includes any or all of the following: (a) removal of access to all or part of the offerings within the Savvy &
Saved Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part
thereof), and (c) barring of further use of all or part of the Savvy & Saved Services.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Savvy & Saved Services,
including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that Savvy & Saved shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Savvy & Saved Services.
17. LINKS
The Savvy & Saved Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and
agree that Savvy & Saved is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or
liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that
Savvy & Saved shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available on or through any such site or resource.
18. SAVVY & SAVED'S PROPRIETARY RIGHTS
You acknowledge and agree that the Savvy & Saved Services and any necessary software used in connection with the Savvy & Saved Services
("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in advertisements or information presented to you through the Savvy & Saved Services or by
advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by
applicable law or as authorized by Savvy & Saved or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell,
distribute, transmit, broadcast, publicly perform or create derivative works based on the Savvy & Saved Services, such Content or the Software, in
whole or in part.
Savvy & Saved grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for
the purpose of obtaining unauthorized access to the Savvy & Saved Services. You agree not to access the Savvy & Saved Services by any means
other than through the interface that is provided by Savvy & Saved for use in accessing the Savvy & Saved Services.
19. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SAVVY & SAVED SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SAVVY & SAVED SERVICES AND
SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAHOO AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. SAVVY & SAVED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO
WARRANTY THAT (i) THE SAVVY & SAVED SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SAVVY & SAVED SERVICES OR
SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SAVVY & SAVED SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SAVVY & SAVED SERVICES OR SOFTWARE WILL MEET YOUR
EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SAVVY & SAVED SERVICES OR SOFTWARE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE,
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVVY & SAVED OR THROUGH OR FROM THE
SAVVY & SAVED SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SAVVY & SAVED SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SAVVY & SAVED SERVICE. IMMEDIATELY DISCONTINUE
USE OF THE SAVVY & SAVED SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING
THE SAVVY & SAVED SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
20. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAVVY & SAVED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SAVVY & SAVED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE
INABILITY TO USE THE SAVVY & SAVED SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SAVVY &
SAVED SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SAVVY & SAVED SERVICE.
21. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO
YOU.
22. SPECIAL ADMONITION FOR SAVVY & SAVED SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Savvy & Saved Services
concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor beware" is apt. The Savvy & Saved Services is provided for informational
purposes only, and no Content included in the Savvy & Saved Services is intended for trading or investing purposes. Savvy & Saved and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Savvy & Saved
Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
23. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
24. NOTICE
Savvy & Saved may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS,
MMS, text message, postings on the Savvy & Saved Services, or other reasonable means now known or hereafter developed. Such notices may not
be received if you violate this TOS by accessing the Savvy & Saved Services in an unauthorized manner. Your agreement to this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Savvy & Saved Services
in an authorized manner.
25. TRADEMARK INFORMATION
You agree that all of Savvy & Saved’s trademarks, trade names, service marks and other Savvy & Saved logos and brand features, and product and
service names are trademarks and the property of Savvy & Saved Inc. (the "Savvy & Saved Marks"). Without Savvy & Saved's prior permission, you
agree not to display or use in any manner the Savvy & Saved Marks.
26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Savvy & Saved respects the intellectual property of others, and we ask our users to do the same. Savvy & Saved may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Savvy & Saved's
Copyright Agent the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Savvy & Saved's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Savvy & Saved Inc.
P.O. Box 1957
Sacramento, CA 95825
By phone: (913) 205-8047
By fax: (916) 91-3721
By email: copyright@savvyandsaved.com
27. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Savvy & Saved and governs your use of the Savvy & Saved Services,
superseding any prior version of this TOS between you and Savvy & Saved with respect to the Savvy & Saved Services. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain other Savvy & Saved services, affiliate services, third-party content
or third-party software.
Choice of Law and Forum. You and Savvy & Saved each agree that the TOS and the relationship between the parties shall be governed by the laws
of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory)
arising out of or relating to the TOS, or the relationship between you and Savvy & Saved, shall be brought exclusively in the courts located in the
county of Santa Clara, California or the U.S. District Court for the Northern District of California. You and Savvy & Saved agree to submit to the
personal jurisdiction of the courts located within the county of Santa Clara, California or the Northern District of California, and agree to waive any and
all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of Savvy & Saved to exercise or enforce any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and
effect.
No Right of Survivorship and Non-Transferability. You agree that your Savvy & Saved account is non-transferable and any rights to your Savvy &
Saved ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of
the Savvy & Saved Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
28. VIOLATIONS
Please report any violations of the TOS to our Customer Care group.
Last updated July 15, 2009