As it relates to this End User License Agreement (EULA) the following definitions will prevail:
Service or Services ‐ includes but is not limited to any offering, code, software, plugin, extension, service, product or functionality provided to you or others by Savvy either directly, or indirectly including but not limited to code or software that interacts with or displays information, media or other Content on or through various websites or search engines you visit online.
User(s) or Visitor(s) ‐ refers to anyone who visits or interacts with any Savvy product, Service, Site or Offering, including those Users who download or install our App.
App(s) or Software ‐ refers to the downloadable Savvy browser extension or toolbar and any associated code or software that is installed on or in a User’s browser or computer and is meant to work with the User’s Internet web browser installed on the User’s computer, including but not limited to any revisions, patches, updates or other modifications thereof that may be made available from time to time. This also includes any data or configuration files that help provide you as a User of our App access to coupons, discounts or special deals or promotions or other offers.
Content ‐ May include but is not limited to text, HTML, links, CSS, images, video, offers/ads, forms, code or other media which is delivered or displayed by Services or which already exists on websites visited by Users.
User Generated Content ‐ Any content submitted, uploaded, transmitted or displayed by Users that is made available on, or transmitted thru the App, or Our Site or Services
Third Party Content ‐ Any Content displayed on or thru Services that is not from Savvy nor Our Site Users. Such content may include but is not limited to coupons, offers, promotions, ads, and other media.
Our Website(s) or Our Site(s) ‐ Unless otherwise specified refers to http://www.joinsavvy.com and any of Our other Savvy associated websites or subdomains.
Intellectual Property ‐ that property, which may include but is not limited to a work, invention, design, ideas, code or software to which the owner has any number of rights
Us, We, Our or Company ‐ collectively refers to Helix Media, LLC, D.B.A (doing business as) Savvy
You or Your ‐ refers to You as an end user (User) of our Site(s), Services or Apps
Affiliate Partner Network ‐ refers to those companies, brands, products or services that we have an affiliated relationship with for providing you with offers, promotions, coupons, discounts, or other adverts.
Company Parties ‐ refers to any Savvy, employee, agent, affiliate, partner, contractor, licensor, parent company, subsidiary, executive or owner.
Our App, Services and Site, including without limitation, their object code and source code, whether or not provided to you, is strictly confidential to Us. Savvy or its licensors owns exclusivity and reserves all (and you may not exercise any) interest, rights or titles in or to the App, Site or Services, including but not limited to all intellectual property rights to and in the App, Site and Services except to the extent of the limited use license granted to you in this Agreement.
This Agreement is NOT an agreement of title, sale, ownership rights or intellectual property rights to any of Our offerings, Apps, Site or Services. You hereby agree and acknowledge that Our App, Site and Services, and all formulae, processes, ideas, concepts, methods and algorithms used in developing or incorporated into the Site, App or Services, all future upgrades or updates, and any other revisions, patches, modifications, enhancements, releases of or to the App, Site or Services and all derivative works based on any of the foregoing and all copies of the foregoing are trade secrets and proprietary property of Savvy, having great commercial value to our company.
You may not, and you may not allow or cause any third party to:
You hereby agree to defend, hold harmless and indemnify Savvy, its employees, agents, contractors, licensors, partners, executives, owners and representatives (Company Parties) from any losses, damages, liabilities, costs and expenses (including any reasonable legal fees) that result or arise from any dispute, claim, judgement or proceeding brought about by any other third party to this EULA as a result of breach of the conditions and terms of this EULA.
The above disclaimer applies without limitation to any damages, liability or injuries of any kind or nature, under any theory of law, including but not limited to those caused or as a result of any defect, delay, error, omission, interruption, failure of performance, theft, unauthorized access, virus, malware, modification or alteration of, or use of our Site, App or Services whether for negligence, breach of contract, tort or any other cause of action.
Savvy works hard to offer you and others a range of products and services that provide value and usefulness to our users. We hope that you enjoy our offerings, however, there are certain aspects of our App, Site and Services that we do not guarantee.
OUR SERVICES, APP AND SITE IS PROVIDED “AS IS” AND VOID OF ANY REPRESENTATIONS, WARANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED CONDITIONS OR WARANTIES OF FITNESS OR MERCHANTABILITY FOR ANY PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT (INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS) OR QUALITY, AND ANY SUCH WARRANTIES ARE DISCLAIMED BY SAVVY AND COMPANY PARTIES. SAVVY AND COMPANY PARTIES DO NOT WARRANT OR GUARANTEE THAT ANY FUNCTION OF THE SITE, SERVICES OR APP, IN PART OR IN WHOLE WILL BE FREE FROM ERRORS OR THAT THE SITE, APP OR SERVICES WILL BE FREE FROM MALWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. SAVVY DOES NOT, NOR DOES ITS THIRD PARTY CONTENT PROVIDERS OR ITS AFFILIATE PARTNER NETWORK, MAKE ANY GUARANTEES REGARDING THE QUALITY OR QUANTITY OF ANY CONTENT, OFFERS, DISCOUNTS, COUPON CODES, OR ADVERTISEMENTS, NOR THE DELIVERY OR TIMING OF SUCH CONTENT OR OFFERS. NEITHER SAVVY NOR COMPANY PARTIES AND OUR PARTNER AFFILIATE NETWORK SHALL BE HELD RESPONSIBLE FOR ANY MEDIA, CONTENT, SITE, LINK, ADVERT OR OFFER THAT IS DELIVERED OR PRESENTED ON, THROUGH, BY OR LINKED FROM ANY OF OUR SITES, APPS OR SERVICES. THE FOREGOING DISCLAIMER OF WARRANTY IS A FUNDAMENTAL PART OF THE BASIS OF THIS EULA AND SAVVY WOULD NOT ENTER INTO SUCH AN AGREEMENT ABSENT OF THIS DISCLAIMER.
The above disclaimer applies without limitation to any and all damages, losses, injuries or other liabilities of any kind under any theory of law, including but not limited to those caused or as a result of any error, omission, defect, interruption, delay, virus, malware, destruction, theft, unauthorized access, modification or alterations, failure of performance, or for breach of contract, negligence, tort or any other cause of action.
For those jurisdictions that do not allow for the limitation of liability:notwithstanding any provision of this EULA or other Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then Our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) personal injury or death caused by negligence or any of Our employees, officers or agents; or (b) fraudulent misrepresentation; or (c) any liability which is unlawful to exclude.
When permitted by law, Savvy and Company Parties will not be held responsible for any lost data, profits, revenues, or any other financial losses, whether direct or indirect, consequential, special exemplary or punitive. To the extent permitted by law, the total liability of Savvy and Company Parties shall be an aggregate total sum of one hundred US dollars ($100). In all cases, Savvy and its Company Parties shall not be held liable or responsible for any losses or damages of any kind under any theory of law, whether foreseeable or not.
IF YOU RESIDE IN A JURISDICTION THAT MANDATES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES: FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS EULA OR OTHER TERMS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." AS SUCH, YOU HEREBY AGREE TO WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. FURTHERMORE, YOU HEREBY AGREE TO WAIVE ANY SIMILAR PROVISION IN LAW, CODE OR REGULATION THAT HAS THE SAME EFFECT OR INTENT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO ACCESS OR USE OUR SITE, APP OR SERVICES IS CONTINGENT UPON YOUR AGREEMENT WITH THIS WAIVER AND ALL OTHER SECTIONS OF THIS AGREEMENT AND EULA.
TO THE EXTENT PERMITTED BY LAW (i) UNDER NO CIRCUMSTANCE SHALL SAVVY OR COMPANY PARTIES BE HELD LIABLE UNDER THIS EULA OR OTHER TERMS FOR ANY REASON OR THEORY OF LAW, INCLUDING BUT NOT LIMTED TO ANY INDIRECT, EXEMPLARY, SPECIAL, PUNATIVE OR CONSEQUENTIAL LOSSES OR DAMAGES, OR FOR THOSE CAUSED BY NEGLIGENCE, ERRORS, OMISSIONS, DEFECTS, DELAYS, INTERUPTIONS, COMPUTER VIRUSES, FAILTURE OF PERFORMANCE, UNAUTHORIZED ACCESS OR THEFT, EVEN IF SAVVY OR COMPANY PARTIES HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES AND (ii) OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO $100 USD.
YOU HEREBY ACKNOWLEDGE AND CONFIRM THAT YOU HAVE ENTERED INTO THIS EULA AND ANY OTHER APPLICABLE AGREEMENTS WITH US AND ARE RELYING ON THE LIMITATIONS OF THE LIABILITY STATED HEREIN AND THAT THOSE LIMIATIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENTS BETWEEN YOU AND US.
ALL TERMS AND POLICIES INCLUDING THIS AGREEMENT HAVE BEEN COMPOSED IN THE ENGLISH LANGUAGE. IN THE EVENT THAT THEY ARE TRANSLATED INTO OTHER LANGUAGES (IN PART OR IN FULL), THE ENGLISH LANGUAGE VERSION SHALL PREVAIL.
THE PROVISIONS OF YOUR AGREEMENT WITH (SERVICE NAME) ARE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, USA. ANY DISPUTE OR DIFFERENCE OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR YOUR USE OR ACCESS OF OUR SITE, APP OR SERVICES WILL BE SETTLED BY WAY OF BINDING ARBITRATION AS DETAILED IN THIS AGREEMENT, AND AT A USA SELECTED JURISDICTION CHOSEN BY SAVVY WITHIN 90-DAYS OF THE COMPLAINT.
ANY CLAIM UNDER THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED TO THE EXTENT THAT THE LAW ALLOWS.
The prevailing party in any dispute shall be entitled to their reasonable attorneys’ fees and costs.
In the event that a dispute arises between you and Us, both parties to this EULA agree to make a good faith effort to resolve such disputes informally over a 30-day period following introduction of the dispute by the other party. In the event that a resolution cannot be had during that 30-day window, both parties agree that ANY SUCH DISPUTE OR CLAIM ARISING OUT OF, IN CONNECTION WITH OR FROM THIS EULA OR YOUR ACCESS, INSTALLATION, OR USE OF OUR SITE, APP OR SERVICES OR ANY OTHER POLICIES OR TERMS ARE TO BE SETTLED BY BINDING ARBITATION IN THE STATE OF DELAWARE, THE OUTCOME OF WHICH SHALL BE ENFORCEABLE BY ANY COMPETENT UNITED STATES COURT.
Such arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of such proceedings shall be delivered in writing, providing a detailed explanation of and for any conclusions of fact and law, including such assessment of any associated costs, expenses and reasonable attorneys’ fees.
The arbitrator will be responsible for including and keeping a formal a written record of the arbitration hearing(s). Parties to any arbitration proceedings reserve the right to object to any individual currently or formerly employed or affiliated with a competing organization or entity. This provision shall survive any suspension, cancellation, termination or discontinuation of the use of or availability of our App, Site and Services or this or other Agreements or Terms between the parties. In the event that any portion of this provision is found to be unenforceable or invalid, the remaining portions shall remain in force and the invalid or unenforceable provisions revised to reflect as close as possible their original intentions.
WHERE PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS OR DISPUTES AGAINST THE OTHER IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLANTIFF OR CLASS MEMBER IN ANY PURPORTED REPRESENTATIVE OR CLASS ACTION(S). Further, no arbitration decision or award shall have any preclusive effect as to the issues or claims of any dispute with any individual or entity who is not a named party to the arbitration. Unless both parties agree in writing, no arbitrator or judge may consolidate more than one entity’s or person’s claims or otherwise preside over any form of representative or class proceeding. This class action provision shall survive any suspension, cancellation, termination or discontinuation of the use of or availability of our App, Site and Services or this or other Agreements or Terms between the parties. In the event that any portion of this provision is found to be unenforceable or invalid, the remaining portions shall remain in force and the invalid or unenforceable provisions revised to reflect as close as possible their original intentions.
You hereby agree to keep confidential and protect any information about us, including but not limited to any information about our business operations, Services, code, software, App, business partners, customers, affiliates, employees, officers, or parent and subsidiary companies and their contact details, as well as any other communications between us and you. You agree to NOT disclose any such information or communication with any Third Party now or in the future, nor before during or after the term of this EULA or other Agreements you have with Us ends, and that you will take all necessary measures to prevent such disclosure happening by you or anyone involved with your business to any Third Party for any reason.
AS PART OF THIS AGREEMENT YOU SHALL NOT USE ANY INFORMATION ABOUT US DIRECTLY OR INDIRECTLY FOR YOUR OWN OR A THIRD PARTY’S BENEFIT, COMMERCIAL OR OTHERWISE, OR TO CAUSE PREDJUDICE TO THE ACTIVITIES OF US OR OUR SERVICES IN ANY MANNER WHATSOEVER.
DISCLOSURE OF ANY AGREEMENT OR COMMUNICATION WITH US WITH ANY THIRD PARTY IS CAUSE FOR LEGAL RECOURSE AGAINST YOU BY US FOR ANY AND ALL DAMAGES OR LIABILTIES OF ANY KIND THAT MAY RESULT FROM YOUR DISCLOSURE, INCLUDING COMPENSATION FOR REASONABLE ATTORNEY’S FEES ACCRUED IN THE PURSUIT OF SUCH RECOURSE.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Us or Our Service(s) must be addressed to our agent for notice and sent via email to us.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
In the event that any provisions, policies or terms of this EULA are determined by a USA court of competent jurisdiction to be unenforceable or void, such terms, policies or provisions shall be eliminated or limited to the minimum extent necessary and replaced with a valid provision or term that best embodies the intent of the original policy or term and EULA so that the EULA shall remain in full effect and force.
Any failure by Us to enforce, insist or demand strict performance of the policies, terms and conditions of this EULA or other Terms shall not be considered in any way to be a waiver by Us of any policy, term, provision or right we have to enforce such.
The conditions and terms of this EULA and any other applicable Terms or policies shall not be construed or interpreted in any way to confer any remedies or rights to any third parties.
Our Site, Services and App, and the underlying information and technology used for such offerings may not be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading, installing, using or otherwise accessing Our Site, App or Services, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
By accessing, installing or using our Site, Services or App you hereby agree that you are at least 18 years old, an emancipated minor, or that you possess legal guardian consent prior to your use or access of our Site, Services or App. Our Site, Services and App is NOT intended for children or minors. You agree to ensure that any User of our Site, Services or App that is accessed or used on or through your computer, tablet or mobile device is of legal age (18+) and that you will hold Us harmless for any loss or damages of any kind incurred as a result of a breach of this provision. If you are under the age of 18 please do not use or access our Site, Services or App or submit any information to us as we intend to comply with COPPA and cannot collect information from users under 13 (thirteen) years of age.
Notwithstanding any provisions of GPL licensing, if Our Site, Services or App is utilized for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), it is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Extension" and "Commercial Computer Extension Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Extension clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Extension - Restricted Rights at 48 C.F.R. 52.227-19, as applicable
WE MAY AT TIMES MODIFY THE TERMS OF THIS EULA OR ANY OTHER TERMS APPLICABLE TO OUR SITE, SERVICES OR APP.
Such modifications, edits or updates may be made to reflect changes to or of our Services, App, Site or other offerings or for other reasons at our sole discretion without notice.
ANY SUCH CHANGES TO THIS EULA WILL BE POSTED TO THIS PAGE. IT IS YOUR RESPONSIBILITY TO KEEP INFORMED OF SUCH CHANGES. WE RECOMMEND THAT YOU BOOKMARK AND VISIT THIS PAGE REGULARLY.