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Last Updated February 26, 2008
Welcome to Savings.com, Inc. (Savings). Before you begin to use the Savings.com website(Savings.com or the site), please review these Terms and Conditions, which explain what your rights are as a registered user of Savings.com (a User), and what our responsibilities are to you. As a User of Savings.com and the products and services provided through or in connection with Savings.com, including the rebate program described below (collectively, Programs), you agree that you have read, understood and agreed to the following Terms and Conditions, and consent to be bound by all of these Terms and Conditions, including any future amendments or updates thereto. You must read and agree with all of these Terms and Conditions and the Savings privacy policy then in effect (Privacy Policy) which is incorporated by reference, before you use the Site or any of the Programs. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use or access the Programs.
GENERAL PROVISIONS
1. Use of Online Coupons. Savings provides online coupons as a free service to its Users. Savings is not responsible for the redemption, errors/omissions or expiration of online coupons and it is your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on this site are subject to change without notice. Savings has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Savings has no control over whether Affiliate Merchants will honor the offers shown on Savings.com, and does not guarantee the accuracy or completeness of the information contained on the website. In the event you have a dispute with an Affiliate Merchant in any way relating to the Savings.com website or the use of information from the website, you agree to waive and release Savings from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
2. DISCLAIMERS AND LIMITATIONS ON LIABILITY.
SAVINGS.COM IS BEING PROVIDED BY SAVINGS AS IS AND AS AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAVINGS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SAVINGS.COM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT SAVINGS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST SAVINGS AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. SAVINGS DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. SAVINGS DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SAVINGS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO RECEIVE [REBATES] BY PURCHASING ITEMS WITH A PARTICIPATING MERCHANT. IN NO EVENT SHALL SAVINGS BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF SAVINGS.COM; ANY ACT OR OMISSION BY SAVINGS IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF SAVINGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD SAVINGS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF SAVINGS.COM, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELLOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.
3. Amendment to Agreement. THE TERMS AND CONDITIONS SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; SAVINGS WILL POST THOSE CHANGES ON THIS PAGE. YOU CONSENT TO BE BOUND BY ALL THE SAID TERMS AND CONDITIONS, INCLUDING ANY AND ALL UPDATES THERETO. SAVINGS WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE SAVINGS.COM SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR USER NAME, PASSWORD AND REGISTRATION.
4. Compliance with Laws and Regulations. You agree to comply with all applicable laws, rules and regulations. You may participate in Savings.com if and to the extent that such participation is permitted by such laws, rules and regulations. Savings may refuse to enroll, restrict, modify or terminate your username, password and registration without liability to you or any other third party if you violate any law, rule or regulation, of if your participation could violate any law, rule or regulation.
5. Proprietary Rights to Content. You acknowledge that Savings.com content, including but not limited to: text, sounds, photographs, graphics, or other material contained in any Savings.com communication, advertisements or messages, whether by Savings, Savings.com or Savings advertisers or Affiliated Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content, service, or software as expressly authorized by Savings, its advertisers and Affiliated Merchants, as the case may be.
6. Termination of Agreement.
(a) Any violation of the Terms and Conditions of this Agreement is grounds for termination of your user name, password and registration with Savings.com.
(b) Savings reserves the right to terminate your user name, password and registration, if your account is inactive for twenty-four (24) consecutive months. An account shall be deemed and considered to be inactive if there has not been any Cash Back earning activity.
(c) You may terminate your user name, password and registration at any time by sending an email to our 24 Hour Customer Service.
(d) If your user name, password and registration with Savings.com is terminated for any reason, either by you or by Savings, you shall forfeit any and all earned Cash Back in your account.
7. Notice. All Savings notices will be given by email, postal mail, or by general posting to the Savings.com website.
8. Waiver. Savings failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
9. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to conflicts of law rules.
10. Severability of Provisions. Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof. To the extent permitted by the applicable law, each of the parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect.