TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Savvy Circle provides its services subject to the Terms of Service which may be updated at any time without notice. Terms or Service can be found at http://www.savvycircle.com/terms.
2. TRADEMARKS, NAMES AND LOGOS
All trademarks, names and logos used on this site or delivered via Savvy Circle services are owned by Savvy Circle (unless otherwise stated). Your use of these services and site does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of Savvy Circle services or this site. Without Savvy Circle's prior permission, you agree not to display or use in any manner, the Savvy Circle trademarks, names and logo.
3. CHARGES
The Savvy Circle service currently only includes features without charges from Savvy Circle. Savvy Circle may elect to add premium features at a later date. These charges will be stated on the website and will require the user to opt into these premium services.
4. DESCRIPTION OF SERVICE
Savvy Circle provides users the ability to save products from stores supported by Savvy Circle. The service will track these products and send notifications to users when their stored products go on sale.
5. CONTENT
The products displayed at savvycircle.com are stored by users.Savvy Circle may or may not pre-screen content, but Savvy Circle shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any content that is available via the service. User products stored may contain content that people find objectionable, inappropriate, or offensive. Savvy Circle does not assume responsibility for the content presented on savvycircle.com.
6. SUBMISSIONS
Savvy Circle encourages your comments and suggestions regarding the web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Savvy Circle shall be and remain the exclusive property of Savvy Circle. Your submission of any such Comments shall constitute an assignment to Savvy Circle of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Savvy Circle will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Savvy Circle expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving 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 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 Circle has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Savvy Circle has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
8. SAVVY CIRCLE PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.savvycircle.com/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the 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 Circle and its affiliates
9. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the 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 Circle 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 Circle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 9.
You acknowledge, consent and agree that Savvy Circle 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: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Savvy Circle, its users and the public.
You understand that the technical processing and transmission of the Service, 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.
You understand that the Service and software embodied within the Service 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 Circle and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
10. TERMINATION
You agree that Savvy Circle may, under certain circumstances and without prior notice, immediately terminate your Savvy Circle account, any associated messages and ktags, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, (h) reservation of a trademarked ktags and/or (i) nonpayment of any fees owed by you in connection with the Services. Termination of your Savvy Circle account includes (a) removal of access to all offerings within the Service, including but not limited to savvycircle.com and Savvy Circle text messaging 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 the Service. Further, you agree that all terminations for cause shall be made in Savvy Circle's sole discretion and that Savvy Circle shall not be liable to you or any third party for any termination of your account, any associated messages and Savvy Circle codes, or access to the Service.
11. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Savvy Circle has no control over such sites and resources, you acknowledge and agree that Savvy Circle 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 Circle 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
12. DISCLAIMER OF WARRANTIES
Savvy Circle disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Savvy Circle Services results. Savvy Circle disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Savvy Circle disclaims any responsibility for any harm resulting from information or material through the Savvy Circle.
THE SAVVY CIRCLE SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SAVVY CIRCLE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. SAVVY CIRCLEAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW (i) ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS (ii) ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SAVVY CIRCLE SERVICES (iii) ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SAVVY CIRCLE SERVICES (iv) ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAVVY CIRCLE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED BY THE SAVVY CIRCLE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SAVVY CIRCLE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SAVVY CIRCLE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SAVVY CIRCLE OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE SAVVY CIRCLE SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SAVVY CIRCLE OR ITS LICENSORS HAVE 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 SAVVY CIRCLE SERVICES, FROM INABILITY TO USE THE SAVVY CIRCLE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SAVVY CIRCLE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SAVVY CIRCLE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SAVVY CIRCLE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SAVVY CIRCLE SERVICES OR RECEIVED THROUGH ANY INFORMATION PROVIDED IN THE SAVVY CIRCLE SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SAVVY CIRCLE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SAVVY CIRCLE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Savvy Circle or its licensors 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.
Effective Date: 02/22/2008
INFORMATION COLLECTION AND USE
Savvy Circle collects information on its users when you sign up for an account and when you visit pages on savvycircle.com. When you register, we will ask you for information about you, including your first name, last name, email address, gender and birth year. Once you register with us, you are not anonymous to us. Page visits may also store information about your computer configuration such as your IP address, cookie information and the pages you requested. Savvy Circle may use this information to help make changes to the service to better serve you and our users. We also use the information to customize content on the site that will be displayed to you. Savvy Circle will never sell or disclose your information to third parties without your explicit permission.
INFORMATION SHARING AND DISCLOSURE
Savvy Circle will never distribute or sell personal information from our users to any third party unaffiliated with Savvy Circle except to provide products or services that you have requested, when we have your permission, or under the following circumstances:
COOKIES
ACCOUNT INFORMATION
CHANGES TO THIS POLICY
Savvy Circle may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the email address specified in your Savvy Circle account or by placing a prominent notice on our site.
QUESTIONS AND SUGGESTIONS
If you have questions or suggestions, please contact us at:
Savvy Circle