Terms of Service
This is the Terms and Conditions Agreement ("Terms and Conditions" or "Agreement") of SavvyTown, LLC. d/b/a SavvyTown.com, referred to in this Agreement as ("SavvyTown" or "us" or "we"). These Terms and Conditions and our Privacy Policy, incorporated herein by reference, govern your use of our online services, any content or information therein, the www.SavvyTown.com website, any subdomains of www.SavvyTown.com, and any other website pages on which services are provided by us (collectively, "Website" or "Site").
By using the Site you ("You" or the "User") signify your agreement to these Terms and Conditions and our Privacy Policy, including all changes and revisions to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions and our Privacy Policy please do not use the Site. Please read this Agreement carefully and check this Agreement periodically for changes as SavvyTown reserves the right to revise this Agreement. Any modifications we make will be effective immediately upon posting to the Site, and your continued use of the Site following the posting of any changes to the Agreement constitutes your acceptance of such changes. SavvyTown reserves the right to refuse, restrict, suspend, or terminate any User's use of this Site at any time without notice and may do so for such User's failure to abide by this Agreement or any other terms or conditions posted anywhere on the Site.
1. Acceptance of Terms and Conditions
Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; SavvyTown privacy and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Website.
2. Proprietary Rights
This Website is owned and operated by SavvyTown and contains material that is protected by copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Website including code and software without the express written permission of SavvyTown.
SavvyTown reserves the right, in its sole discretion, and at anytime, to update and change the "Terms of Use" without notice to you, and such changes will be effective immediately upon posting. Please review the Terms of Use regularly so that you will be apprised of any modifications. Modifications to the Terms of Use will be effective upon posting to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use, your right to use this Website will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the Website.
3. General Website Content
These Terms of Use apply to all users of the Website. The Website may contain links to third party websites that are not owned or controlled by SavvyTown. SavvyTown has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, SavvyTown will not and cannot censor or edit the content of any third-party website. By using the Website, you expressly relieve SavvyTown from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
In addition, you acknowledge that the coupons offered through SavvyTown and all of our other interactive services are offered on an "AS IS" basis. You understand that SavvyTown does not control, monitor, filter or edit coupons in any way. As a result, you understand that SavvyTown is not responsible for the accuracy or reliability of any content or coupon passing through SavvyTown by advertisers. SavvyTown may contain links to third party websites, applications, or programs that are not controlled by or affiliated with SavvyTown. As a result, SavvyTown is not responsible for the content, offers or privacy policies of such websites, applications, or programs.
You will not disrupt the functioning of the SavvyTown system or otherwise act in a way that interferes with other users' use of SavvyTown.
SavvyTown may also allow advertisers and other third parties to place cookies onto your computer when you visit this website. A "cookie" is a small text file that contains a string of letters, numbers and characters. Internet browsers store "persistent cookies" in a folder on your computer where they remain until the cookies expire or you delete them. The cookies placed by advertisers and other third parties are used to keep track of the web searches you make while visiting this website, as well as your web surfing behavior on this website and other websites you may visit. That information is used to show you advertisements tailored to your interests on this and other websites, and/or to keep track of your response to each ad.
We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content on SavvyTown originating with or otherwise provided by third parties.
SavvyTown and its associated merchants are not responsible for the accuracy of user submitted content.
We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, content, accuracy, legality or delivery of services. You waive any claim resulting from your exposure to material on or through SavvyTown that is offensive, indecent, or otherwise objectionable. You must be at least 18 to view the adult-oriented sites listed with SavvyTown.
4. Website Access
(a) SavvyTown hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
(b) In order to access some features of the Website, you may have to create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information as requested by us. If you register, you may communicate with SavvyTown and other Users, post or publish comments or rating features, as may be made available at our complete discretion, a message board, chat area, bulletin board, feedback area, news group, email functionality or other communication feature. All such communications are referred to after this as "Comments". You are solely responsible for all Comments. If you have a review featured on the Website, you are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We disclaim all liability relating to your Comments. You may not submit any Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or others due to such unauthorized use.
(c) You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to any submissions made by them.
5. Usage Rules
We reserve the right to deny you access to any and all parts of this Site or the SavvyTown Service and terminate your account, for any reason or no reason, and at our sole discretion. The following rules shall govern your conduct regarding the use of the Site.
(a) Illegal or Unlawful Purposes. In order to create a hospitable environment for all of our users, certain types of activities and communications are prohibited. As a condition of your use of the Site, you agree that you will not use the Content for any purpose that is unlawful or prohibited by these Terms and Conditions. You also agree that you are responsible for all bids and shall be obligated to consummate any transaction where the Conditions or met on a Promotional Offer you bid on. Additionally, your account will contain your credit card information. You shall be responsible to keep your user name and password confidential and that Company is not responsible for any unauthorized use of your account caused by your own negligence. If the Company provides a comment or feedback capability on the Site, you may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person other than yourself. You may not post or transmit any message, data, image or program which is indecent, obscene or pornographic.
(b) Unsolicited Information. This Site may provide opportunities to provide us feedback regarding the Site and our various offerings and other unsolicited submissions (collectively "Unsolicited Information"). You may only provide Unsolicited Information that conforms to these Terms and Conditions. We welcome your comments and feedback concerning the Site, but we do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new technologies, processes, materials or marketing plans. Accordingly, please do not send such unsolicited ideas to us. By providing Unsolicited Information, you thereby grant us a perpetual, royalty-free, fully paid up and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, sublicense and sell such Unsolicited Information without further obligation to you.
(c) Minors under the age of 18 are not allowed to use the SavvyTown Site for any reason. This Site is intended for adults over 18 who have authority and capacity to commit to entering into transactions with Merchants and purchasing the Promotional Offers.
(d) No Monitoring. This Site and the Content on it (whether generated by Merchants or by users) in general, are not guaranteed to be monitored for unacceptable use, nor is there any guarantee that any comments or communications will remain confidential or secure. Further, no statements made in the communities and forum discussions will be authenticated or endorsed by us. However, we may in our sole discretion, but without the obligation, choose to monitor such communications as part of an investigation of reported abuses or otherwise where we may deem appropriate. We reserve the right to block transmission of, and or remove any comments or information that you submit, at any time, for any reason, and without prior notice to you.
(e) Unauthorized access. You shall not permit any other person (other than an agent acting on your behalf and subject to your direct supervision) to access the Site using your account for any purpose.
(f) Interference with Other Users' Use. You shall not interfere with other users' use of the Site or the SavvyTown Service, including, without limitation, disrupting the normal flow of communication concerning user comments, spamming or otherwise using abusive tactics to deter others from commenting on Promotional Offers.
(h) Harmful Code. You may not post or transmit any file to this Site or to any other user which contains viruses, worms, time bombs, Trojan horses or any other contaminating or destructive code.
(i) Abusive Conduct. You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not our intent to discourage users from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the User Generated Content is being used to disseminate statements which are deeply and widely offensive and/or harmful. However, we are not obligated to take any action.
(j) Unsolicited Communications Prohibited. You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services.
6. User Submitted Information and/or Content
You acknowledge that any and all messages, Comments, coupons or other content ("Content") posted by you on the Website are your sole responsibility. SavvyTown is and will remain owner of all other material used on the Website. SavvyTown is not responsible for any Content posted; furthermore, it does not vouch for or warrant the accuracy, completeness or usefulness of any submission, and is not responsible for the contents of any submission. By using the service provided by this Website you agree to hold responsibility for all Content that you submitted. SavvyTown has no obligation to monitor user submitted content. However SavvyTown reserves the right to refuse or to remove any materials posted in its sole discretion and without informing you. By your use of the Website, you agree not to post any materials containing unlawful, defamatory, violation to other person's privacy, distributing of unsolicited advertising, sexual, racial or religious content. You will indemnify and hold harmless SavvyTown from any third-party claim related to a breach of any of the foregoing representations and warranties. You also agree that you will not seek to enforce any copyright on a specific coupon offer.
You agree not to post any copyrighted material unless the copyright is owned by you or by the Website, and SavvyTown disclaims any and all liability connected with any infringing use of third party materials by you. You agree to not engage in the use, copying, or distribution of any of the Information other than expressly permitted herein, including any use, copying, or distribution of Comments obtained through the Website for any commercial purposes. If you download or print a copy of the Information for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Website or the Information therein.
Information on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. SavvyTown reserves all rights not expressly granted in and to the Website and material not deemed to be Content.
By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use SavvyTown's name, logo, trademark, trade names or service marks except as expressly permitted in the Terms of Use without SavvyTown's prior written consent.
You accept to waive any claim related to the inclusion, placement, exclusion, or removal of any coupon or promotional details in the SavvyTown directory and to grant SavvyTown a non-exclusive, royalty-free license to use, publish, copy, edit, modify, or create derivative works from your submission.
7. Integrity of Content, Voucher and/or Coupon
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of SavvyTown or any third party.
8. Indemnification
You agree to defend, indemnify, and hold harmless SavvyTown, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to this Site, or any services, information or products from this Site; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, property, or privacy right; or (d) any claim that one or more of your submissions to the Site has caused damage to a third party. This defense and indemnification obligation will survive your use of the Site and the termination of this Agreement. SavvyTown reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnitees listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
9. Termination
SavvyTown may terminate this Agreement at any time with or without cause. Without limiting the foregoing, SavvyTown shall have the right to immediately terminate any accounts or passwords of User in the event of any conduct by User which SavvyTown, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
10. Participation at Your Own Risk
By using SavvyTown and any of our other interactive services, you agree that you will solely assume all risk associated with any actions you take in response to, or under the advice of, the content made available through SavvyTown.
You further understand that SavvyTown does not guarantee that any coupon is or will be valid or honored by any business or advertiser. By using this Website, you also agree to indemnify, defend and hold SavvyTown harmless from any loss or damages associated with the coupons and/or content made available through this service.
Although the Website enables users to connect and share Comments with one another, SavvyTown has no responsibility to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and Comments made available on the Website. Some people may find the reviews, advertisements and Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and Comments. We assume no responsibility for monitoring any reviews, advertisements and Comments or conduct during use of the Website. We are also under no obligation to modify or remove any reviews, advertisements and Comments and assume no responsibility for a User's conduct during his or her use of the Website. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and Comments.
11. Privacy Policy
User acknowledges that all content uploaded onto the public areas of the site, including without limitation any discussion or message boards or chat rooms (collectively "Message Boards") are public and not private communications, and that, therefore, others may read User's communications without User's knowledge. SavvyTown does not control or endorse the content, messages or information found in any Message Boards, and, therefore, SavvyTown specifically disclaims any liability concerning the Message Boards and any actions resulting from Users participation in therein, including any objectionable content. If particular web pages permit the submission of communications that will be treated by SavvyTown as confidential or private, that fact will be stated on those pages. By posting comments, messages or other information on the Site, User grants SavvyTown the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose
12. Disclaimer
A. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
B. SAVVYTOWN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
C. SavvyTown expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advice, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use.
D. SavvyTown assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person's computer related to or resulting from use of the Website.
E. Under no circumstances shall SavvyTown be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any reviews, advertisements or Comments posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.
F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
13. Limitation of Liability
A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, SAVVYTOWN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SAVVYTOWN BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF SAVVYTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. SavvyTown shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to SavvyTown's infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, SavvyTown will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
14. Indemnity
You agree to defend, indemnify and hold harmless SavvyTown, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
15. Ability to Accept Terms of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Web Site is not intended for children under 18. If you are under 18 years of age, please do not use the Site.
16. Independent Association
You and SavvyTown are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any reviews or advertisements, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and SavvyTown. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.
17. Term Violations
Please report any violations of these Terms of Use by flagging the coupon(s) or posting(s) for review by SavvyTown staff, or by e-mailing to feedback@savvytown.com.
18. Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between you and SavvyTown regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and SavvyTown relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.
19. Miscellaneous
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SavvyTown without restriction. The failure to require performance of any provision shall not affect SavvyTown's right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire and exclusive understanding and agreement between you and SavvyTown regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and SavvyTown relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.
20. Feedback
Our goal is to make SavvyTown services as useful to you as possible, so we welcome any and all feedback! Please send all comments to feedback@SavvyTown.com.
YOU AND SAVVYTOWN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
