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TERMS OF ACCESS AND USE
® 2010 Saveology.com, LLC. All rights reserved.
PLEASE READ THIS CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A BINDING
AGREEMENT BETWEEN YOU AND SAVEOLOGY.COM, LLC (?Company?). By accessing, browsing
and/or otherwise using this web site (?Site?), you acknowledge that you have read,
understood and agreed to be bound by these terms and conditions, and to comply with
all applicable laws and regulations, including U.S. export and re-export control
laws and regulations. If you do not agree to all of these terms and conditions,
do not access, browse and/or use this Site. The material provided on this Site is
protected by law, including, but not limited to, United States copyright law and
international treaties.
These terms apply to your access to and use of this Site and do not alter in
any way the terms and conditions of any other agreement you may have with Company
for products, services or otherwise, unless otherwise directed by Company.
If you breach any of these terms and conditions, your authorization to use this
Site automatically terminates and you must immediately destroy any downloaded or
printed materials and discontinue use of any hyperlinks to this Site. A breach of
this Agreement may subject you to civil and criminal liability, including monetary
damages.
OPERATOR
The Site is operated by Saveology.com, LLC, a company incorporated under the laws
of Florida whose principal business address is 3303 W. Commercial Blvd., Fort Lauderdale,
Florida 33309. Company makes no representation that the Site, or Content available
through it, are appropriate or available for use at other locations outside the
United States, and access to the Site from territories where the Site or Content
are illegal is prohibited. If you access the Site from a location outside the United
States, you are responsible for compliance with all local laws.
REVISIONS TO THIS AGREEMENT
Company reserves the right to change this Agreement from time to time and any modification
to this Agreement will be effective upon posting to the Site. Your continued use
of the Site after the posting of a modification to this Agreement constitutes your
acceptance of the modification. Your use of the Site will be subject at all times
to the most current version of this Agreement.
USE RESTRICTIONS
Intellectual Property Rights. All images, audio, video and related informational
materials in any medium and the selection and arrangement thereof, including related
text, captions, or information (collectively referred to as ?Content?), is owned
by Company or our licensors and is protected by US and international copyright laws,
trade dress, moral rights, and other intellectual property rights. Except as explicitly
permitted under this Agreement, no portion or element of this Site or its Content
may be copied or retransmitted via any means and all related rights shall remain
the exclusive property of Company and its licensors. You may not copy, modify, translate,
publish, perform, broadcast, transmit, download, distribute, display, prepare derivative
works of, sell or otherwise exploit any Content appearing on or through the Site
for any purpose without our prior written consent and that of our licensors or suppliers
if required. You may not ?mirror? any material contained on this Site on any other
server without prior written permission from Company. Any unauthorized use of any
material contained on this Site may violate copyright laws, trademark laws, the
laws of privacy and publicity and communications regulations and statutes and could
subject you to civil and criminal penalties.
FOR THE PROTECTION OF COMPANY AND ITS LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY,
OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT
SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR
TRACKING OF CONTENT OBTAINED FROM COMPANY AND/OR OTHER METHODS OF PROTECTING, MONITORING,
OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT (?RIGHTS MANAGEMENT SYSTEMS (RMS))?.
If you do not consent to Company?s use of RMS, do not use the Site or any Content.
You shall not knowingly disable any such technology or tool. You may not remove
any copyright or other proprietary notices contained in the Content, caption information,
or any other material on this Site.
Trademarks. Saveology, Saveology.com, Saveologist, ClubSaveology.com, SaveologyMoving.com,
SaveologySweepstakes, SupportSquad, homesClub.org, SatelliteSales, Makes it Simple,
We Compare, You Save; One Destination, Unlimited Possibilities; We Lower Your Cost
of Living! are trademarks or registered trademarks of Company or Company?s parent
the Elephant Group, Inc., reg. USPAT & TM Office. All other trademarks are the property
of their respective owners. You are not permitted to use any trademark displayed
on this Site without the prior written consent of Company or the owner of such trademark.
Hyperlinks. You are granted a limited, nonexclusive right to create a ?hypertext?
link to this Site provided that such link is to the entry page of this Site and
does not portray Company or any of the products or services featured on the Site
in a false, misleading, derogatory, or otherwise defamatory manner. This limited
right may be revoked at any time for any reason whatsoever. You may not use framing
techniques to enclose any Company trademark, logo or trade name or other proprietary
information including the images found at the Site, the content of any text or the
layout/design of any page or any form contained on a page without Company?s express
written consent. Links to third party sites on this Site are provided solely as
convenience to you. If you use these links, you will leave this Site. Company has
not reviewed all of these third party sites and does not control and is not responsible
for any of these sites, their content or their policies, including, without limitation,
privacy policies or lack thereof. Company does not endorse or make any representations
about third party sites or any information, software or other products or materials
found there, or any results that may be obtained from using them. If you decide
to access any of the third party sites linked to this site, you do so entirely at
your own risk. You acknowledge and agree that Company 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 the use of or reliance on any such third party sites.
Downloadable Content. Any Content that is made available to download from
this Site is the copyrighted work of Company and/or its suppliers and affiliates
and subject to the Use Restrictions stated herein.
Limited Access. Except as otherwise expressly permitted by Company, any access
or attempt to access other areas of the Company computer system or other information
contained on the system for any purposes is strictly prohibited. You agree that
you will not use any robot, spider, other automatic device, or manual process to
?screen scrape,? monitor, ?mine,? or copy the Web pages on the Site or the content
contained therein without Company?s prior, express, and written permission. You
will not spam or send unsolicited e-mail to any other user of the Site for any reason.
You agree that you will not use any device, software or routine to interfere or
attempt to interfere with the proper working of the Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately large load
on Company?s infrastructure.
Acceptable Use Policy. While using the Site, you agree to comply with all
applicable laws, rules and regulations and agree not to engage in unacceptable use
of the Site. You shall not post, transmit, e-mail, re-transmit or store material
on or through any of the services provided by Company (the ?Services?) which, in
the sole judgment of the Company: (i) is in violation of any local, state, federal
or non-United States law or regulation, (ii) is threatening, obscene, indecent,
defamatory or that otherwise could adversely affect any individual, group or entity
(collectively, "Persons") or (iii) violates the rights of any person, including
rights protected by copyright, trade secret, patent or other intellectual property
or similar laws or regulations. You shall be responsible for determining what laws
or regulations are applicable to your use of the Services. In addition, you may
only use the Services in a manner that, in the Company's sole judgment, is consistent
with the purposes of such Services. If you are unsure of whether any contemplated
use or action is permitted, please contact the Company at
webmaster@saveology.com. By way of example, and not limitation, the following
uses described below of the Services are expressly prohibited:
- upload, post, e-mail or otherwise transmit any information, data, text,
software, music, sound, photographs, graphics, video, messages or other materials
(collectively, ?Content?) that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic
related merchandising are prohibited under all Services, including providing links
to pornographic content elsewhere;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Company
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Services or develop restricted
or password-only access pages, or hidden pages or images (those not linked to from
another accessible page);
- upload, post, e-mail or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Services are able to type, or otherwise act in a manner
that negatively affects other users' ability to engage in real time exchanges;
- restrict or inhibit other users from visiting the Site, including without
limitation, by means of ?hacking or defacing any portion of the Site;
- collect, harvest, mine or obtain by any other manner information about
others, including but not limited to, phone numbers, email addresses, and other
personal information;
- ?stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities,
promote physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to, providing instructions
on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
and
- effect security breaches or disruptions of Internet communication. Security
breaches include, but are not limited to, accessing data of which you are not an
intended recipient or logging into a server or account that you are not expressly
authorized to access.
You further agree not to (i) interfere with or disrupt any other user?s quiet enjoyment
of the Site; or (ii) interfere with or disrupt or attempt to interfere with or disrupt
the security of the Site or otherwise cause harm to the Site.
DISCLAIMER OF WARRANTIES
This Site, including all software, functions, Content, and information, is provided
?as is? without warranties of any kind, either express or implied. Company disclaims
all warranties, express or implied, including, but not limited to, warranties of
quiet enjoyment and non-infringement and implied warranties of merchantability,
fitness for a particular purpose, non-infringement, accuracy, title, quiet enjoyment,
system integration, and informational content. Company does not warrant or make
any representations regarding the operation of this Site, the use, validity, accuracy
or reliability of, or the results of the use of the Content on this Site or any
other sites linked to this Site. The Content may be out of date, and Company makes
no commitment to update the Content. Company does not and cannot guarantee or warrant
that the files available for downloading from this Site, if any, will be free from
infection, viruses, worms, Trojan horses, or other code that manifest contaminating
or destructive properties. Company does not warrant that this Site, software, Content,
products, or services will be uninterrupted or error-free or that any defects in
this Site, software, Content, products, or services will be corrected.
LIMITATION OF LIABILITY
In no event will Company, its licensors or other third parties mentioned at or in
this Site be liable for any damages, including, without limitation direct, indirect,
special, incidental, or consequential damages, damages resulting from lost profits,
lost data or business interruption arising out of relating to the use, inability
to use, or resulting from the use of this Site, any Web sites linked to this Site,
the content, software or other information contained in any or all such sites, products
related to or ordered via this Site, whether based on warranty, contracts, statutes,
regulations, tort (including but not limited to, negligence) or any other legal
theory and whether or not advised of the possibility of such damages. If your use
of the Content or information from this Site results in the need for servicing,
repair or correction of equipment or data, you assume all costs thereof. Some states
do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Content on this Site is provided with ?RESTRICTED RIGHTS.? Use, duplication,
or disclosure by the government is subject to restrictions as set forth in applicable
laws and regulations. Use of the Content by the government constitutes acknowledgment
of Company?s proprietary rights in them.
COPYRIGHT INFRINGEMENT POLICY
In accordance with the requirements set forth in the Digital Millennium Copyright
Act, Title 17 United States Code Section 512(c)(2) (?DMCA?), Saveology.com, LLC
will investigate notices of copyright infringement and take appropriate remedial
action. If you believe that any Content on the Site has been used or copied in a
manner that infringes your work, please provide a written notification of claimed
copyright infringement to the Designated Agent for the Site containing the following
elements as set forth in the DMCA:
- a physical or electronic signature of the owner of the copyright interest that is
alleged to have been infringed or the person authorized to act on behalf of the
owner;
- identification of the copyrighted work(s)claimed to have been infringed, including
copyright date;
- identification of the Content that you claim to be infringing and which you request
be removed from the Site or access to which is to be disabled along with a description
of where the infringing Content is located;
- information reasonably sufficient to allow us to contact you, such as a physical
address, telephone number and an email address;
- a statement by you that you have a good faith belief that the use of the Content
identified in your written notification in the manner complained of is not authorized
by you or the copyright owner, its agent or the law; and
- a statement by you that the information in your written notification is accurate
and that, under penalty of perjury, you are the copyright owner or authorized to
act on behalf of the copyright owner.
Company?s designated agent for the written notification of claims of copyright infringement
can be contacted at the following address:
Designated Agent ? Copyright Infringement Claims
Saveology.com, LLC
3303 W. Commercial Blvd.
Fort Lauderdale, Florida 33309
Email: webmaster@saveology.com
YOUR INFORMATION
While Company may provide you with an opportunity to provide comments or ask questions
regarding the Content posted on the Site, we do not want nor do we solicit confidential
or proprietary information from you. Any unsolicited information you provide, including
but not limited to feedback, suggestions, data, or plans or ideas for products or
services, shall be deemed non-proprietary and non-confidential and Company shall
have no obligation to protect such information from further disclosure or distribution.
By providing us with such information, you are granting us an unrestricted and irrevocable
right to reproduce, use, publish, broadcast, disclose, display, perform, modify,
transmit, distribute or otherwise use and exploit the information without restriction
and without compensation.
INDEMNIFICATION
You agree to indemnify, defend and hold Company, its licensors and affiliates and
their respective assigns, harmless from any loss, liability, damages or claim, including
reasonable attorneys? fees and costs, that arise directly or indirectly from (i)
your activities in connection with the Site, (ii) a breach of this Agreement, including,
but not limited to, any violation of the acceptable use policy, or (iii) any allegation
that any information that you provide via the Site infringes or otherwise violates
the copyright, trademark, trade secret or other intellectual property, privacy or
other rights of any third party. You also agree to reimburse on demand any and all
indemnified parties for any losses incurred by such indemnified parties to which
this indemnification provision relates.
AVAILABILITY
Company makes reasonable efforts to ensure that the Site is available 24 hours a
day 7 days a week. You agree that from time to time the Site or portions thereof
may be inoperable or inaccessible for any reason, including, without limitation,
(i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which
Company may undertake from time to time; or (iii) causes beyond the control of Company
or which are not reasonably foreseeable by Company. Some Content on the Site may
have been created in file formats which are not error-free and Company does not
guarantee that the Site will not be affected by such errors. You are responsible
for all costs and charges that you may incur in order to access and use the Site
and the Content.
APPLICABLE LAWS & MISCELLANEOUS
If any provision(s) of this Agreement is held by a court of competent jurisdiction
to be contrary to law, then such provision(s) shall be construed, as nearly as possible,
to reflect the intentions of the parties with the other provisions remaining in
full force and effect. Company?s failure to exercise or enforce any right or provision
of this Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Company in writing. The section titles in this Agreement
are solely used for the convenience of the parties and have no legal or contractual
significance. This Agreement may be assigned in whole or in part by Company. This
Agreement shall be governed by and construed in accordance with the laws of the
State of Florida without regard to conflict of laws provisions. You irrevocably
and unconditionally consent to submit all disputes arising under this Agreement
to arbitration in Ft. Lauderdale, Florida, before a sole impartial arbitrator. The
arbitration shall be administered by the AAA pursuant to its Commercial Rules and
the arbitrator shall be selected pursuant to the rules and procedures of the AAA.
The decision of the arbitrator shall be final and non-appealable. Judgment on the
award may be entered in any court having competent jurisdiction.
Last Updated: April 1, 2010
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