Last Updated and Effective Date: January 9, 2024
This Platform is only offered and made available to users who are 13 years of age or older. By using this Platform, you represent and warrant that you are of legal age, and meet all eligibility requirements under applicable law, to form a binding contract with us; or that you have received a parent’s or guardian’s permission to do so. If you do not meet all of these requirements, you must not access or use the Platform.
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
- DESCRIPTION AND USE OF SAVEUR’S PLATFORM
- RESTRICTIONS ON USE
- You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful or otherwise fraudulent purpose;
- You will not access or use the Platform to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software, or routine, or access or attempt to gain access to any data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse buttons) on the Platform;
- You will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials (see our AI Use Section and our AI Disclaimer for more information);
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
- You will not use any part of the Platform for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- You will let us know about inappropriate Registered User Content of which you become aware;
- You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform;
- You will not attack the Platform via a denial-of-service attack or a distributed denial-of-service attack; and
- You will not otherwise attempt to interfere with the proper working of the Platform.
- STANDARDS OF CONTENT
- You are solely responsible for your own communications and Registered User Content including any data, images, graphics, text, audio, video, email, links, and/or screen names you post to the site. You agree to use the Platform to post and receive communications and Registered User Content only to the extent that such communications and content are legal and proper.
- You must not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You must not violate the privacy or publicity rights of others.
- You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
- You must not post, upload, or link to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal, or immoral communications of any kind.
- You must not post, upload, or link to anything that could potentially exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or information, or otherwise exposing them to materials or information which in any way could cause damage, injury, or harm of any kind.
- You must not post, upload, or link to anything that harvests or otherwise collects information about other users, including without limitation addresses, phone numbers, e-mail addresses, and/or health or financial information of any kind, without the user’s prior express consent in each instance.
- You must not post, upload, or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicits funds, advertisers or sponsors for any purpose.
- You must not upload or post anything that infringes any patent, trademark, copyright, trade secret, or other intellectual property or other legal right of a third party without prior written permission from the third party in each instance, which written permission you agree to disclose to us at any time on our request (subject to all applicable laws). You must not intentionally download any material that you know or should reasonably know cannot be distributed legally.
- You must not impersonate another person, group of people, or entity at any time, which includes not accessing or engaging with the Platform while signed in under another Registered User’s account.
- You must not use the Platform for any illegal, immoral, or unauthorized purpose.
- You must abide by all applicable Federal, State, and local laws. If you are outside the United States, you must comply with all local laws as well with respect to your online conduct and acceptable Registered User Content including without limitation the exportation of data to the United States or to your country or residence.
- You must not modify, edit, or delete any content on the Platform, other than your own Registered User Content.
- You must not create member accounts under any false or fraudulent pretenses (including by automated means).
- You must not state or imply that any of your submitted and or posted Registered User Content is endorsed by us or any of our affiliates or Third-Party Partners.
- You must not retrieve, store, or collect personal information about any user for any unauthorized purpose, and may not retrieve, store, or collect personal information about any user for any valid purpose without such user’s prior written consent in each instance (and acknowledgment that they are at least 13 years of age).
- You must not engage in any “spamming” of any kind, including without limitation ad spamming.
- You must not use our name or SAVEUR Trademarks or related trade names, which you acknowledge here to be valid, subsisting, and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that our Platform is associated with, or endorses, or is in any way connected with you, your business, or your Registered User Content.
- REGISTERED USER CONTENT RIGHTS AND DISCLAIMERS.
- SIGN-IN NAME; PASSWORD; UNIQUE IDENTIFIERS
- PRICES AND PAYMENT TERMS
- SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS
- RETURNS AND REFUNDS
- Return Shipping Responsibility — The customer is responsible for the cost of returning the Product to SAVEUR.
- Discontinued Item Returned — If the item you returned is discontinued and is no longer available, SAVEUR will automatically replace your item with the most comparable item currently manufactured. If nothing reasonably comparable is available, we will notify you to discuss the next steps.
- Replacement Requests — SAVEUR will replace any item found to be defective in material or workmanship with the most comparable current item. We do not accept special requests, nor do we have the ability to upgrade in exchange for money.
- No Defect Found — Products found to not be defective in material or workmanship will be returned directly to you with a letter stating why.
- MANUFACTURERS’ WARRANTY AND DISCLAIMERS.
- INTELLECTUAL PROPERTY
- EDITORIAL INDEPENDENCE; AFFILIATE ADVERTISING
- RESULTANT DATA
- AI USE
- COMMUNICATIONS WITH US
- NO WARRANTIES; LIMITATION OF LIABILITY
- EXTERNAL SITES; THIRD-PARTY VENDORS
- COMPLIANCE WITH APPLICABLE LAWS
- TERMINATION OF THE AGREEMENT
- DIGITAL MILLENNIUM COPYRIGHT ACT
- CONTROLLING LAW
- BINDING ARBITRATION
- CLASS ACTION WAIVER
- EQUITABLE RELIEF
- COMMUNICATIONS DECENCY ACT NOTICE
We provide Visitors and Registered Users with access to the Platform as described below.
“Visitors”: Visitors, as the term implies, are people who engage in some way with the Platform, but have not accessed the Sites through an account registered with us or a Third-Party Partner. No login is required for Visitors. Generally, Visitors can: (i) view all content and access all publicly available features and functionality on the Platform; (ii)subscribe to SAVEUR communications, alerts, and other notifications; and (iii) contact us.
“Registered Users”: Generally, Registered Users can do all the things that Visitors can do, as well as: (i) access non-public features and functionality available only to Registered Users; (ii) create, access, manage, and update their own personal accounts on Open Web, for use on the Platform;(iii) post comments, reviews, and other content on the Platform and/or interact with other Registered Users of the Platform (all content and information provided in connection with the foregoing is collectively referred to herein as “Registered User Content”); and (iv) purchase products through the Platform (“Products”).
Purchases Generally. SAVEUR is under no obligation to permit anyone to purchase from or view its Platform and may reject any Visitor or Registered User (collectively referred to as “users”) in its sole and complete discretion. We presently use Shopify to handle purchases. If you wish to purchase a Product, you will need to register with Shopify to complete the purchase. Once purchased, the product is shipped to our third-party fulfillment center.
By accessing and/or using the Platform, you agree to comply with the following restrictions on use:
To the extent that you interact with our Platform:
WHILE SAVEUR EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT SAVEUR SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT AS CARRIED OUT BY ANY USER OR OTHER THIRD PARTY AT ANY TIME UNLESS EXPRESSLY SET FORTH TO THE CONTRARY BY SAVEUR IN WRITING.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR SET FORTH IN THIS AGREEMENT, SAVEUR MAY TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF OR A HEARING.
As a Registered User, you will be able to upload and post Registered User Content. This means that you, not SAVEUR, have sole responsibility for all of the Registered User Content that you upload, post, email, transmit, or otherwise make available through the Platform, and to make sure that you are in compliance with the rules of behavior set forth in this Agreement relating to such Registered User Content. Any Registered User Content that you write, post, upload, or link to on the Platform is entirely your responsibility.
SAVEUR shall have no liability of any kind with respect to any Registered User Content posted by you or other users of the Platform. You agree that you must assess and bear all risks associated with your use of any Registered User Content. In this regard, you may not rely on any Registered User Content created by other users, or otherwise created, distributed, or displayed on any part of the Platform. SAVEURdoes not control or monitor all Registered User Content, and does not guarantee the accuracy, integrity, or quality of such Registered UserContent.
All Registered User Content posted or uploaded by you must be owned by you, or you must have secured all necessary authorization to post or upload such Registered User Content, including the authorization to make such content available for use by other users as described in the paragraph below. By posting or uploading Registered User Content, you do not grant SAVEUR any ownership rights in such content. You agree that by posting, uploading, or otherwise placing Registered User Content on thePlatform, you are providing SAVEUR with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license to publicly display, modify, reproduce, and distribute your Registered User Content, in whole or in part, for SAVEUR’s editorial and promotional purposes. SAVEURreserves the right to exploit or promote this Registered User Content in connection with the promotion of the Platform and other services offered by SAVEUR.
Unless you make it clear that specific Registered User Content you post may not be copied or used by any other users of the Platform, you agree that by posting Registered User Content you own on the Platform, all other users can reproduce and use such Registered User Content in connection with the Platform, subject to all applicable laws. SAVEURshall have no responsibility for enforcing any rights you or a third party may claim in any Registered User Content posted or uploaded by you, which shall be your responsibility entirely. You agree to hold harmless, defend, and indemnify SAVEUR with respect to any claim you have that other users are reproducing or using your Registered UserContent. You further agree to hold harmless, defend, and indemnify SAVEUR with respect to any claim by any third party that Registered UserContent posted or uploaded by you infringes or otherwise violates another person’s or entity’s rights in any way. SAVEUR will not arbitrate, mediate, or resolve any intellectual property or other dispute between users, and has no responsibility for doing same other than as may be specifically required by law.
You acknowledge that SAVEUR may or may not pre-screen Registered UserContent, but that SAVEUR and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Registered User Content that violates this Agreement and/or is otherwise objectionable as determined by SAVEUR inits sole discretion.
SAVEUR may preserve and store your account information and RegisteredUser Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Registered User Content violates the rights of third parties, and/or to protect the rights, property, or personal safety ofSAVEUR, its users, or the public.
SAVEUR respects the intellectual property of others, and we require that our users do the same. In certain circumstances and at its discretion, SAVEUR may, but is not obligated to, disable, suspend, or terminate the accounts of members who may be infringing on the rights of others. If you believe that your Registered User Content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact SAVEUR as soon as practically possible pursuant to the Digital Millennium Copyright Act(see Section 21, below).
We use OpenWeb for comments and star ratings. If you wish to become aRegistered User, you will be prompted to create an account with them, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). When creating your account, you must provide true, accurate, current, and complete information. Each Sign-In Name and correspondingPassword can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered or payments made through the Sites using one or more of them. You will promptly inform us of any need to deactivate aPassword or Sign-In Name or change any Unique Identifier. We reserve the right to delete or change your Password, Sign-In Name, or UniqueIdentifier at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. SAVEUR will not be liable for any loss or damage caused by any unauthorized use of your account.
Purchasers must provide current, complete, and accurate billing and card information in connection with each purchased Product. You must promptly contact our third-party payment provider if your credit card is lost or stolen, or if you become aware of a potential breach of account security. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree that we are never responsible for such payments. If you believe you have a claim, you must address it with the third-party payment provider. To the extent that such provider requires it, you agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Shop Pay is responsible for determining, collecting, and remitting all sales taxes or other consumption taxes or duties applicable to your order.
All prices, discounts, and promotions posted on this Platform are subject to change without notice. The price charged for a Product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Platform that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, please see below for our payment processor terms. You represent and warrant that (a) the credit card information you supply to our third party payment processor is true, correct, and complete, (b) you are duly authorized to use such credit card for the purchase, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Platform at the time of your order.
We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of orders.
Title and risk of loss pass to you upon your confirmed order, unless otherwise indicated. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
We may rely on third parties, like our fulfillment center, to handle, manage, and deliver your item to you.
SAVEUR will replace any Product found defective in material or workmanship when put to normal household use and cared for according to the instructions. Minor imperfections, surface markings as a result of shipping, and slight color variations are normal. For clarity, SAVEUR is not obligated to replace or refund Products damaged through misuse or abuse, such as improper cleaning, neglect, accident, alteration, fire, theft, or use in a commercial establishment, or through normal wear and tear over time.
In all such cases, our fulfillment partner or the original manufacturer is responsible for the foregoing.
Unless otherwise indicated, we do not manufacture or control any of theProducts offered on our Platform. The availability of Products through our Platform does not indicate an affiliation with or endorsement of anyProduct, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the Products offered on our Platform.However, the Products offered on our Platform are covered by the manufacturer’s warranty as detailed in the Product's description on ourPlatform and included with the Product. To obtain warranty service for defective Products, please follow the instructions included in the manufacturer’s warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
The Platform contains material, such as software, text, graphics, images, designs, recipes, opinions, sound recordings, audiovisual works, and other material provided by or on behalf of SAVEUR (collectively referred to as the “SAVEUR Content”). The SAVEUR Content may be owned by us or by third parties. TheSAVEUR Content is protected under both United States and foreign laws. Unauthorized use of SAVEUR Content may violate copyright, trademark, and other laws. You have no rights in or to the SAVEUR Content, and you will not use the SAVEUR Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original SAVEUR Content on any copy you make of the SAVEUR Content. You may not sell, transfer, assign, license, sublicense, or modify theSAVEUR Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the SAVEUR Content in any way for any public or commercial purpose. The use or posting of the SAVEUR Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you wish to make any use of material on the Platform, please address your request to: P.O. Box 1223, New York, NY 10009. Use for which permission has been received must include with the republished material the credit line identified to you by SAVEUR at or around the time permission is received; if none is identified, the credit line should read “Copyrighted material courtesy of SAVEUR” or “Copyrighted photo courtesy of SAVEUR,” as appropriate.
If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Platform in breach of this Agreement, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on thePlatform is transferred to you, and all rights not expressly granted are reserved by SAVEUR. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
The trademarks, service marks, and logos of SAVEUR (the “SAVEUR Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of SAVEUR. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with SAVEUR Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use theTrademarks, without our prior written permission specific for each suc use. Use of the Trademarks as part of a link to or from any site is prohibited unless the establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of SAVEURTrademarks inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the SAVEUR Content may be retransmitted without our express, written consent for each and every instance.
Unless otherwise indicated (which indication shall be prominently featured and comply with all relevant FTC, state, and local law), all reviews and opinions expressed on the Platform are our own or those of our contributors, which are expressing their own opinion and not, to the best of our knowledge, paid for by a third party.
Notwithstanding anything to the contrary, SAVEUR shall have the right to collect and analyze Registered Users’ and Visitors’ uploaded or provided data and other information, on an anonymized and aggregated basis, relating to the provision, use, and performance of various aspects of the Platform, Products, related systems and technologies, and any other data that does not identify any particular person (“Resultant Data”), and SAVEUR will be free (during and after the term of the applicability of this Agreement to any party) to use, modify, and disclose such Resultant Data, including without limitation, for the purpose of improving and enhancing SAVEUR’s products and services. In furtherance of the foregoing, Registered Users and Visitors hereby unconditionally and irrevocably grant SAVEUR an assignment of all right, title, and interest in and to the Resultant Data, including all intellectual property rights relating thereto. For the avoidance of doubt, Resultant Data shall not include any personally identifiable information without such person’s consent.
Permission is expressly withheld for the utilization, reproduction, or downloading of any content hosted on the Platform, by any individuals or third-party entities, for the objectives of creating, enhancing, or administering artificial intelligence or additional machine learning mechanisms (hereinafter denominated as “AI Purposes”), a term encompassing but not restricted to translation services. Every individual or entity interacting with the Platform, including but not confined to those third parties utilizing automated means to gain access, shall be restrained from (a) partaking in the exploitation of any content on the Platform for AI Purposes without initially acquiring our unambiguous and definite consent, and (b) granting sub-licenses, or guiding others to duplicate or in any way engage with the Platform content for the express intention of educating artificial intelligence systems to produce text, images, videos, music, or any other content without our unambiguous and definite consent. Failure by any users or automated constructs to abide by these restrictions shall be construed as a violation of this Agreement.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
As part of our service and efforts to ensure quality control, we may record phone calls of users contacting our office for any reason or communications between users facilitated by our Platform. By calling us or communicating through our Platform, you hereby consent to our recording of all calls and communications, and you grant SAVEUR the rights to use such recordings or communications for our own purposes.
SAVEUR hereby disclaims any and all liability arising out of or associated with, the condition, quality, safety, legality or suitability of any Product.
PURCHASERS, ON BEHALF OF THEMSELVES AND THEIR RESPECTIVE ASSIGNS, SUBROGEES, REPRESENTATIVES AND ALL OTHER PERSONS OR ENTITIES ACTING FOR, BY, OR THROUGH IT, HEREBY RELEASE AND FOREVER DISCHARGE SAVEUR, ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, AND INSURERS, FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, OR RIGHTS OF ACTION, OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION, FOR PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH THAT ARISE FROM, ARE RELATED TO, OR ARE IN ANY WAY CONNECTED WITH ANY PRODUCT, WHETHER ORIGINATING WITH US OR OTHERWISE, OR ITS PURCHASE OR USE.
YOU ACKNOWLEDGE THAT THE PLATFORM MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES. THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS:(I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO THE TOTAL FEES THAT YOU HAVE PAID TO US WITHIN THE THREE (3)MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM OR$100, WHICHEVER IS MORE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
The Platform may contain links to third-party websites, including, without limitation, websites maintained or owned by other RegisteredUsers or the websites of third-party vendors (such as shipping providers) that may provide services complimentary to our services (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites. The External Sites are developed and provided by others, and you should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such ExternalSites. We are not responsible for the content of any linked ExternalSites or the third-party vendors highlighted on such External Sites, and we do not make any representations regarding the content or accuracy of materials on such External Sites or any such third-party vendors. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i)your breach of this Agreement; (ii) your misuse of the SAVEUR Content or the Platform; (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right; and/or (iv) your purchase, sale, or use of a Product. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
The Platform is based in the United States. We make no claims concerning whether the SAVEUR Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access or use the Platform or the SAVEUR Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of thePlatform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
SAVEUR respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which maybe given under that Act is as follows:
If you believe that your work has been copied on the Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
The Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.
In the event of a dispute arising under or relating to this Agreement, the Platform, or the SAVEUR Content (each, a “Dispute”), SAVEUR may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election by SAVEUR to arbitrate, at any time, shall be final and binding on both parties. IF SAVEUR CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All arbitrated disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. Such arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 above, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
You agree that any arbitration or proceeding shall be limited to theDispute between us and you individually. To the full extent permitted bylaw, (i) no arbitration or proceeding shall be joined with any other;(ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures;and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights or confidential or proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of NewYork for purposes of any such action by us.
SAVEUR is a provider of “interactive computer services” as defined under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation, libel, product disparagement, and other claims arising out of any Registered User Content is limited as described therein. We are not responsible for any Registered User Content. We neither warrant the accuracy of the Registered User Content nor exercise any editorial control over Registered User Content, nor do we assume any legal obligation for editorial control of Registered User Content or liability in connection with Registered User Content, including any responsibility or liability for investigating or verifying the accuracy of any Registered User Content.
If the Agreement is terminated in accordance with the Termination provision above, such termination shall not affect any rights reserved by, or granted to the benefit of, SAVEUR under this Agreement, each of which shall remain in full force and effect in perpetuity.
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
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