PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE CAREFULLY BEFORE USING THE www.24Savvy.com WEBSITE.
This domain and site, www.24Savvy.com ("24/Savvy", "we", or "us"), is owned, controlled and operated by 24/Savvy, LLC, a New York limited liability company. www.24Savvy.com is an online community and editorial site that allows users to engage with each other and share tips and information on living a value-conscious or “savvier” lifestyle. (herein, the "Service"). These Terms of Service (herein, the “Agreement”) are an integral part of www.24Savvy.com and govern the use of the Service and all content and functionality that resides in www.24Savvy.com. We hope you enjoy being a member of www.24Savvy.com.
By accessing and using this site, you are hereby agreeing to be legally bound by this Agreement, and to comply with, these Terms of Service and any other posted guidelines or rules applicable to this site. All such guidelines and rules are hereby incorporated by reference into these Terms of Service.
By completing the registration process for this Site, you represent and certify that you are of legal age, and can and will be legally bound by this Agreement. If you are not of legal age, please ask your parent or guardian to establish an account for you. If you are under the age of 13, you are not permitted to use this Site. If for any reason you do not agree with all of the following terms and conditions, please immediately discontinue use of this Site.
www.24Savvy.com reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting thereof. Please review this Agreement periodically to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.
Use of the Service is subject to compliance with this Agreement. You acknowledge and agree that www.24Savvy.com may terminate your access to www.24Savvy.com should you fail to comply with these Terms and Conditions or any other guidelines and rules published by www.24Savvy.com. Any such termination shall be in www.24Savvy.com's discretion and may occur without notice. www.24Savvy.com also reserves the right to terminate any user's access to www.24Savvy.com for any conduct that www.24Savvy.com, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to www.24Savvy.com or to third parties, or for any conduct that violates or may violate any local, state, federal, or foreign laws or regulations. www.24Savvy.com further reserves the right to terminate any user's access to www.24Savvy.com or the Service without reason, in www.24Savvy.com's discretion, upon notice and a pro rata refund of any membership fee.
CONTENT: Much of the content or information available in www.24Savvy.com is created by our users. Accordingly, www.24Savvy.com in no way warrants or guarantees the accuracy, completeness, quality, veracity, value, or appropriateness of any of the information or content in www.24Savvy.com, all of which is presented on an "as-is" basis without warranties. www.24Savvy.com does, however, retain the right to edit, delete, modify, or alter in any way any such information or content at its sole discretion. Additionally, www.24Savvy.com retains the right to re-use, copy, and/or reproduce any such information or content posted on the Site.
www.24Savvy.com is concerned about the safety and privacy of all its users, particularly children. FOR SITE REGISTRANTS UNDER THE AGE OF 18, A PARENT MUST ASSIST IN THE COMPLETION OF THE REGISTRATION. IN SO DOING, THE PARENT OR LEGAL GUARDIAN CERTIFIES THAT HE/SHE IS THE LEGAL GUARDIAN AND ALSO GIVES THE CHILD PERMISSION TO ACCESS THE SERVICE. Accordingly, as the parent or legal guardian, it is your responsibility to determine whether the Service and/or site content is appropriate for your child. Children under the age of 13 are prohibited from becoming members.
CONDUCT OF www.24SAVVY.COM USERS: The following is a partial list of the kind of content that is prohibited on the Site. www.24Savvy.com reserves the right to investigate and to take appropriate action in its sole discretion against anyone who violates these guidelines, including without limitation removing the offending content or communication from the Service and terminating the membership of such violators. It includes content and actions that do not contribute constructively to the site and/or that
All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of www.24Savvy.com.
USER CONTENT: This Site provides users with an opportunity to create and share comments, postings, articles, images and other user content (the "User Content"). Please be advised that the User Content does not necessarily reflect the views of www.24Savvy.com, and in no event shall www.24Savvy.com assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information they contain and that such User Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize www.24Savvy.com to use, and authorize others to use, your User Content in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, www.24Savvy.com will have the right to use and change the User Content in any manner that www.24Savvy.com may determine. Additionally, www.24Savvy.com may review or delete the User Content periodically in its sole discretion. www.24Savvy.com does not allow User Content which contains:
• private or personal information which might identify another user or non-user;
• any unlawful material or material that infringes upon another's intellectual property rights;
• other information that www.24Savvy.com deems in its sole discretion to be inappropriate for this Site.
Although www.24Savvy.com periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, www.24Savvy.com reserves the right to edit, delete, or refuse User Content that violates the above-referenced rules, as well as revoke the privileges of users who do not comply with such rules.
NON COMMERCIAL USE BY MEMBERS: The Site is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become members and should not use the Service or the site for any purpose. Illegal and/or unauthorized uses of the site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
TRADEMARKS AND SERVICE MARKS: www.24Savvy.com is a servicemark of 24/Savvy, LLC, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Other product and company names may be trade or service marks of their respective owners.
PROPRIETARY RIGHTS AND COPYRIGHT: We have expended substantial time, effort, and funds to create www.24Savvy.com and the Service. All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and all other content on the site (collectively, the "Site Content") are the property of 24/Savvy, LLC, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
All elements of the Site Content are the copyrighted property of 24/Savvy, LLC. All rights reserved. No copyrighted material or other Site Content may be reproduced, modified, used to create derivative works, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Site Content via a third party website or other networked computer environment) in ways other than those expressly enabled by www.24Savvy.com without the express prior written consent of www.24Savvy.com.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide www.24Savvy.com with the information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and email address; (5) 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; and (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement on our site may be submitted as follows: [PO Box 906 Times Square Station, New York, NY 10108-0906].
DISCLAIMER OF WARRANTIES: THE SITE AND THE SERVICE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, www.24SAVVY.COM, LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, 24/SAVVY, LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 24/SAVVY, LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL ON THE SITE. 24/SAVVY, LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. 24/SAVVY, LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. 24/SAVVY, LLC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY STORAGE FACILITIES OFFERED BY www.24SAVVY.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL 24/SAVVY, LLC BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF 24/SAVVY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF USER CONTENT OR OTHER CONTENT STORED IN www.24SAVVY.COM. UNDER NO CIRCUMSTANCES SHALL 24/SAVVY, LLC BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
INDEMNITY AND RELEASE: By using www.24Savvy.com, you agree to indemnify 24/Savvy, LLC, and its parents, subsidiaries, affiliates, officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of www.24Savvy.com, your use of the Service, or your submission of user content, ideas and/or related materials to www.24Savvy.com or from any person's use of any account or password you maintain with any portion of www.24Savvy.com, regardless of whether such use is authorized by you. By using www.24Savvy.com, using the Service, or submitting any user content, ideas and/or related materials to www.24Savvy.com, you are hereby agreeing to release 24/Savvy, LLC. and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Site or the Service or to any disputes regarding use of quizzes, ideas and/or related materials submitted to www.24Savvy.com. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
LIMITATION OF ACTIONS: You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of www.24Savvy.com or the Service must be filed in the state of New York.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES: Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Site and the Service shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of New York applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to this Agreement or any user's use of the Site or the Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York City, New York and judgment on the arbitration award may be entered into in any state or federal court in New York having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in New York having jurisdiction thereof. Except as set forth above, the state and federal courts of New York shall be the exclusive forum and venue to resolve disputes arising out of or relating to this Agreement or any user's use of the Site or the Service. By using the Site or the Service and thereby agreeing to this Agreement, users consent to personal jurisdiction and venue in the state and federal courts in New York with respect to all such disputes.
MISCELLANEOUS: No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, U.S. export restrictions.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed amended to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.
TERMS OF SERVICE LAST UPDATE: This policy was last updated on December 15, 2009.