WELCOME TO SAVEWORKS, WHERE EVERYONE SAVES

TERMS OF USE

PLEASE READ THESE TERMS OF USE. BY USING THIS SITE YOU ARE AGREEING TO BE BOUND BY AND COMPLY WITH THESE TERMS, AND A BINDING CONTRACT WILL BE FORMED BETWEEN YOU AND SAVEWORKS. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE OR ANY SAVEWORKS APPLICATION AND MUST IMMEDIATELY REMOVE ALL SAVEWORKS APPLICATIONS FROM YOUR COMPUTER AND YOUR PHONE.

ABOUT SAVEWORKS

This website is owned by SaveWorks.com. (“SITE”). The SITE provides an interactive online service operated by SaveWorks. The technology provided by SaveWorks includes, but is not limited to, all websites, co-branded sites, fully branded sites, and applications owned by Saveworks, and all services offered on or through all websites and mobile applications, including web pages, images, text, data, graphics, photographs, video, audio and documents, including coupons and all forms of business documents. SaveWorks is a social discount service, facilitating the distribution and promotion of discounts by businesses to customers through our websites  (http://www.saveworks.com, http://www.saveworks.net, http://www.saveworks.org ), affiliate or licensed websites, mobile phone applications and social networking sites, provided either from internal sources or from licensees.

SITE OWNERSHIP

The infrastructure, information and content of the SITE are proprietary to SaveWorks and/or our partners and/or vendors.  You agree to not copy, create derivative works from, distribute, transmit, display, perform, reproduce, publish, license, transfer, modify or sell (or re-sell) any information, software, products or services obtained from or through the SITE. SITE includes all content, software, technology, methods, etc. found online at www.saveworks.com, www.saveworks.net and www.saveworks.org as well as on all mobile application technology for SmartPhones including but not limited to iPhone, Windows Phone, Android and Blackberry applications.

SITE CONTENT/THIRD-PARTY CONTENT

Any offer or coupon, grocery product, discount, recipe, drug, health information and/or any and all content, without limitation, provided on or through the SITE is strictly for informational purposes only.  None of this content is endorsed by SaveWorks at any time and its availability or appearance on our SITE should not be construed to indicate that SaveWorks endorses any content or product as effective or safe for your use. The SITE also provides access and links to third-party websites and access to content, products and services of third-parties.  These links to third-party websites and content do not imply endorsement by, or affiliation, of SaveWorks with any third-party or any third-party website, products and/or services.  SaveWorks makes no representation or guarantee(s) regarding (and accepts no responsibility or liability for) the accuracy, quality, content, nature or reliability of websites and content accessible from the SITE, and you bear all risks associated with your access and use of such Websites and third party content, products and/or services.  Furthermore, SaveWorks makes no representation or guarantee that the content on its SITE is accurate, complete or timely.  Relying on any information provided on, or through the SITE, is solely at your own risk.  Always consult your medical professional regarding any health or medical condition(s) and before using any medical product or any over-the-counter drug(s).

SYNCING

Should the software you use allow for the transfer and/or syncing of content and/or data provided or made available (including location or shopping list data), you understand and accept that by activating the applicable software feature, it will require, and you shall allow, SaveWorks to capture, collect, store, transmit, and use such content and/or data.

SITE AVAILABILITY

While we use reasonable efforts to keep the SITE accessible at all times, you acknowledge that there may be interruptions in service or events that are beyond our control, as well as within our control, and the SITE may be unavailable from time to time for any reason including, but not limited to, routine maintenance.  Site access may be interrupted, suspended or terminated for any reason and SaveWorks retains the right, at our sole discretion, to deny service or access to the SITE to anyone, or any account, at any time and for any reason.

USE OF OUR SOFTWARE

Your use of our software is subject to our TERMS; all agreements, including all license agreements and end-user agreements that accompany or are included with the Software; and other terms and conditions that apply (collectively, “EULA Terms”).  In the event that software is provided on, or through, the SITE and is not licensed for your use through any EULA Terms, you may still use the software, subject to ALL of the following:

(a) You may use the software for your personal and non-commercial purposes; (b) You may not decompile, reverse-engineer or otherwise attempt to gain access to the software source code or authorize any third-party to; (c) You may not disable or circumvent, or authorize any third-party to disable or circumvent the intended operation of the software, or disclose any such method or means to any third party; (d) You may not modified or alter the software in any way or have a third-party do so; and (e) You may not transfer, sub-license, assign, copy, or redistribute the software or have a third-party do so.

WE USE LOCATION BASED SERVICES TO FIND DISCOUNT NEAR YOU

Our Smartphone applications use Location Based Services. SaveWorks uses your GPS coordinates to find discounts by distance. Those coordinates are sent to our server for the exclusive purpose to look up discounts. SaveWorks does not collect or store your location for any purpose. Using your GPS location is an option. If you choose not to use these services with the application, SaveWorks offers an alternative search function to look up discounts by zip code, area code, by vendor name and by city and state. Either upon installation or managed by the location based services section of your Smartphone, you may turn off these services when using SaveWorks.

INFORMATION AND CONTENT RULES

By using the SITE, you will obtain access to information and materials referred to as CONTENT.  In addition to CONTENT provided by authorized third-parties and SaveWorks, individual users and account holders, such as you, will be able to post information and materials to the SITE.  This is also part of what is defined as CONTENT.  You agree not to post or use any content in a way that could damage SaveWorks, our parent company, related companies, affiliates, advertisers, or any other parties.  You agree to not post CONTENT that is false or inaccurate; infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others; violates the privacy, publicity, or other rights of third-parties; or is unlawful, abusive, threatening, harassing, hateful, defamatory, discriminatory, libelous, pornographic, obscene, or encourages conduct that could be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate as determined in our sole discretion.  Additionally, you agree not to change or obscure CONTENT posted by others (including advertising and promotions authorized by SaveWorks).

OUR SITE IS PRIVATE PROPERTY

Our SITE is private property.  If your conduct on or through this SITE (as judged by us in our sole discretion) restricts or inhibits any other user from using or enjoying any part of this SITE, we may restrict your privileges on the SITE and seek other remedies.  All interactions on this SITE must be lawful and must comply with these TERMS. 

The following activities are prohibited on the SITE and constitute express violations of these TERMS:

Tampering or interfering with the proper functioning of any part of the SITE and any and all functions and services provided by SaveWorks

Accessing, or attempting to access, data not intended for you, such as logging into a server or an account which you are not authorized to access

Reselling your access to the SITE or any purchases made through the SITE

Submitting intentionally inaccurate information or committing fraud or falsifying information in connection with your SaveWorks account or in order to create multiple SaveWorks accounts

Attempting to scan, or test the security or configuration of the SITE or to breach security or authentication measures without proper authorization

Using any robot, spider, scraper or other automated means or any manual process to access, monitor or copy any content or information from the SITE for any purpose without our express written permission

Violating the restrictions in any robot exclusion headers on this SITE or bypassing or circumventing other measures employed to prevent or limit access to this SITE;

Aggregating any live or post-feature content or other information from the SITE (whether using links or other technical means or physical records associated with purchases made through this SITE) with material from other sites or on a secondary site without our express written permission

Using the SITE or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete directly, or indirectly, with SaveWorks

Using the SITE or any of its resources to solicit site end users, merchants or other business partners of SaveWorks to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SaveWorks, including without limitation, aggregating current or previously offered deals

Using any end user or merchant information from the SITE for any commercial purpose, including, but not limited to, marketing

Exceeding or attempting to exceed quantity limits when purchasing vouchers or otherwise using any SaveWorks account to purchase vouchers for resale, or for speculative, false, fraudulent or any other purpose not expressly permitted by TERMS and the terms of a specific offer on the SITE

Deep-linking to any portion of this SITE (including, without limitation, the purchase path for any voucher) without our express written permission;

Acting illegally or maliciously against the business interests or reputation of SaveWorks, our merchants or our services

Hyperlinking to the SITE from any other website without our initial and ongoing consent.   USE OF THE SITE BY MINORS IS PROHIBITED   IF YOU ARE A MINOR UNDER 18 YEARS OF AGE DO NOT USE OR ACCESS THIS SITE OR USE ANY APPLICATION PROVIDED BY THIS SITE AT ANY TIME OR IN ANY MANNER OR SUBMIT ANY INFORMATION TO THIS SITE. 

SaveWorks is not aware of and does not intend to provide any service or application that contains or accesses any material that is harmful to minors and SaveWorks forbids minors from using or accessing this site or any application provided by this site; however, pursuant to the provisions of 47 USC § 230(d) please be informed that parental control protections such as computer hardware, software or filtering services are commercially available that may assist you in limiting access to material that is harmful to minors. If you are interested in accessing information identifying current providers of such protections please contact SaveWorks.   USE OF THE SITE   Use of password-protected or secure areas of the SITE are restricted to authorized users only.  You agree that you are solely responsible for maintaining the confidentiality of your password(s) and account information and you agree to not share your password(s), account information, or access to the SITE with others.  You agree to be solely responsible for all activity that results from the use of your password(s) or account(s) and/or from your use or access to the SITE.  You agree to notify SaveWorks immediately of any unauthorized use of your password(s) or account(s).  You agree that SaveWorks will not be liable for any loss you may incur as a result of unauthorized users using your password or account, either with or without your knowledge.  However, you may be held liable for losses incurred by SaveWorks from unauthorized users using your account or password.    You are not allowed to use anyone else’s account at any time without the express written permission of the authorized account holder.  You may not access or use, or attempt to access or use, the SITE in a way that may damage, disable, unduly burden, or impair any SaveWorks networks or systems.  You agree to not interfere with services provided to any user, network or host, or attempt to interfere with such services, including the submittal of a virus (es), malware, or otherwise damaging or intrusive code; or by overloading, flooding, spamming, mail bombing, crashing or otherwise interfering with the SITE.  You agree you will not gain, or attempt to gain, unauthorized access to any areas of the SITE or any SaveWorks networks or systems, or to interfere or attempt to interfere with any SaveWorks networks or systems.  The use of robots or spiders, or any other automated means of access or use of the SITE or any SaveWorks networks or systems, is expressly prohibited.   YOUR RESPONSIBILITIES   To comply with these TERMS, you agree to provide accurate, true, complete and current information about yourself as requested by the SITE and you agree to keep information about yourself up-to-date, accurate and complete.  We maintain the right to suspend or terminate your account immediately and deny you future use of our SITE or services (in whole or in part) if you provide any information that is untrue, inaccurate, not current or incomplete, or SaveWorks has reasonable cause to suspect that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated these TERMS.   PRIVACY POLICY   You understand and agree that all CONTENT you create and/or post on or through our SITE is PUBLIC and NOT private.  Any person (whether or not a SaveWorks’ services user) may view your CONTENT without your knowledge.  Consequently, don’t include any personal information in any of your CONTENT.  SaveWorks does not control or endorse anything found in any part of our SITE (or affiliated or related sites) and we specifically disclaim any liability concerning the CONTENT and actions resulting from your participation in any part of the SITE (or affiliated or related sites) including any objectionable content.  Any and all CONTENT you post to our SITE is NOT confidential.   Any financial payment, or credit information you provide to us we will presume is confidential and private and will not be disclosed to any third person without your written consent, including consent transmitted by email to us.   INTELLECTUAL PROPERTY/CONTENT   You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the SITE and services, including applicable copyrights, trademarks and other proprietary rights. By virtue of this agreement, we are not granting any license to you under any intellectual property rights, except for the limited right to use the SITE and services in accordance with these TERMS.  “SaveWorks” is our trademark. Other product and company names that are mentioned on the SITE or provided as part of the services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you in this agreement.   The CONTENT on SaveWorks, excluding all intellectual property of other sites obtained by way of API and linking and CONTENT posted by our customers, is owned by SaveWorks.  This includes, without limitation, the text, graphics, photos, sounds, software, scripts, interactive features and the trademarks, service marks and logos contained therein. SaveWorks owns or has the license for those trademarks, service marks, and logos, subject to copyright and other intellectual property rights under United States law, your local laws, and any applicable international conventions. CONTENT provided by SaveWorks is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the SITE and services.   You retain any intellectual property rights in any copyrighted materials and trademarks in the CONTENT that you post to the SITE.  You grant us an irrevocable, non-exclusive, perpetual, royalty-free, fully paid worldwide license, with rights to sublicense, make derivative works from, reproduce, translate, distribute, and publicly display in any form or on any medium, or otherwise commercially exploit and exercise any and all such rights, under any and all of your intellectual property rights to the CONTENT in any manner we choose.  You unconditionally waive the enforcement of any rights to the CONTENT that cannot be licensed to us, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.   RULES OF CONDUCT   Because we strive to make the use of our SITE and services a positive experience for all of our users, you agree NOT to do any of the following: upload, distribute or print anything that may be harmful to minors; conduct or promote any illegal activities while using the SITE or services; use this SITE to generate unsolicited email advertisements or spam; attempt to gain access to secured portions of the SITE or services to which you do not possess access rights; use any automatic or manual process to search or harvest information from the SITE or services, or to interfere in any way with the proper functioning of the SITE and services; or impersonate another user.

POLICY ON ELECTRONIC COMMUNICATIONS

As part of our TERMS, you agree and consent to receiving communications from SaveWorks in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide you electronically satisfy any legal requirements that those communications would satisfy if they were in writing. This does not affect your non-waivable rights.   DISCLAIMERS OF WARRANTY   SaveWorks strives to provide reliable and accurate information on this SITE, but does not guarantee or warranty the reliability or accuracy of any information. SaveWorks provides the SITE and mobile software for Smartphones and its services "as is", "with all faults" and "as available," as described above.  We make no express warranties or guarantees about the SITE, Smartphone software or our services or the services offered by third-parties through our SITE or our Smartphone software.  We disclaim all implied warranties that the SITE, Smartphone software and services are of satisfactory quality, accurate, timely, merchantable and/or non-infringing.  We do not, under any circumstances, guarantee our SITE, Smartphone software or services will meet your requirements, are accurate, or reliable and available at all times.  We also do not guarantee that the results that may be obtained through the use of our SITE, Smartphone software or services, including discounts offered by third-parties, will be effective, reliable, accurate or that they will meet your requirements.  We also do not make any guarantees as to privacy and security other than those specifically stated in our Privacy Policy.  We do not guarantee you access or use of this SITE, Smartphone software or services at all and any times of your choosing.  No verbal or written advice provided by a SaveWorks representative shall create a warranty.    SaveWorks strives to keep this SITE free from any viruses, malware or adware, but does not make any promise, warranty or guarantee that any files or information available for downloading are free of any viruses, malware or adware.   Please note that you may have consumer rights locally that these TERMS cannot change.   DISCLAIMERS OF LIABILITY   The SITE provides an interactive online service and does not supply or endorse any product.  SaveWorks does not take any part in placing any product in the stream of commerce.   SaveWorks is not involved in the sale of any product and therefore bears no liability or responsibility for any sales or use tax or any other federal, state or local tax that may be assessed or assessable to anyone using the services provided by the SITE.   SaveWorks does not advertise in any commercial email advertisement.   SaveWorks is a provider of an interactive computer service.  Therefore, pursuant to 47 USC § 230, SaveWorks and its websites are not publishers or distributors of any information provided by another information content provider and may not be held liable for conveying any information from a third party or for blocking or screening of offensive material or for any action taken to enable or make available the means to restrict access to such material.   Though we strive to enforce our rules with all of our users, you may be exposed through the SITE or services to CONTENT that violates our policies or is otherwise offensive. Use of the SITE and services are at your own risk.  We may, but are not obligated to, terminate user accounts and/or remove CONTENT from the SITE if we determine or suspect that those accounts or that CONTENT violate our TERMS or the applicable agreement with the offending user(s).  We take NO responsibility for your exposure to CONTENT on the SITE, whether it violates our content policies or not.   LIMITATIONS OF LIABILITY   Because SaveWorks and this SITE provide a service and do not supply any product nor any warranty for any product nor any promise or guarantee that any monetary savings will be realized by utilizing this service, SaveWorks and its directors, officers, owners, employees and agents are not liable for the malfunction or failure of any product nor for any harm caused by any product or from the use of any product nor for any failure to realize any financial saving by purchasing any product. Your sole and exclusive remedy for any dispute with SaveWorks is to terminate your use of our SITE and services.  In any jurisdiction in which such a remedy may not be the exclusive remedy despite your agreement thereto, in no event shall our liability, or the liability of our vendors, merchants, agents, officers or affiliated third-parties, for any claim, injury, harm, damages or breach of any obligation be more than the total fees you paid us during the 3 months prior to the disputed actions or events.  We, our vendors, merchants, agents, officers or affiliated third-parties shall not be liable for any special, incidental, exemplary, consequential or indirect damages that may arise from your use of, or reliance upon, or inability to use our SITE or services at any time, including but not limited to, any claims for lost profits, work stoppage, computer malfunction or failure, loss of data, or other commercial losses or damages, even if we knew, or should have known, of the potential for such losses or damages.     INDEMNITY   Through the use of our SITE and/or services, you agree to indemnify, defend and hold harmless SaveWorks, its parent company, directors, officers, owners, employees, and agents from and against any and all claims, injuries, damages, obligations, liabilities, losses, costs or debts, expenses (including reasonable attorney’s fees) and claims arising from your use of and access to SaveWorks sites and services; your violation of any third-party rights including, but not limited to, privacy rights, property rights and/or copyrights; your violation of any part of these TERMS; or any claim that any CONTENT submitted by you causes injury to a third-party.  This obligation will survive these TERMS and your use of SaveWorks.   RESERVATION OF RIGHTS AND RELEASE   Although SaveWorks reserves the right to take any action we deem appropriate regarding disputes that you may have involving our customers or vendors and merchants, we have no obligation to monitor disputes, or to take any action at all.  You release us from any claims or liability related to any CONTENT posted on the SITE and from any claims related to the conduct of any other customers, merchants or suppliers.   California residents agree to waive California Civil Code Section 1542.  Residents of other jurisdictions also agree to waive the contents of California Civil Code Section 1542 and any similar provision in their jurisdiction.  Section 1542 reads - "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."

USE OF UNSOLICITED IDEAS AND MATERIALS   Do not send SaveWorks (or any of our employees) any ideas, suggestions, materials, images or other work in any form without express written solicitation.  We do not accept or consider, directly or through any SaveWorks employee or agent, unsolicited ideas of any kind.  This includes without limitation, names or technologies, advertising and marketing campaigns, plans or other promotions, ideas or suggestions relating to new or improved products, and enhancements. If you send us unsolicited materials, you understand and agree that:   SaveWorks will own, without restriction and free of any obligation to acknowledge or compensate you, the unsolicited material and we may use and redistribute unsolicited materials for any purpose, and that; SaveWorks has no obligation to review any such materials, or to keep any unsolicited materials confidential.   ARBITRATION   It is our goal to make every reasonable effort to resolve any disagreements that you have with SaveWorks. If those efforts fail, or for any reason are not undertaken, you agree that any dispute, claim or controversy arising out of or relating to (1) SaveWorks, (2) this SITE, (3) any service or application provided by this SITE or by SaveWorks, or (4) this agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles County, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction and venue in the County of Los Angeles, California.  In any such arbitration, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. There shall be no authority for any claims to be arbitrated on a class or representative basis - arbitration can decide only your and/or SaveWorks’ individual claims and the arbitrator may not consolidate the claims of others. If any part of this arbitration provision is judged to be invalid, unenforceable or illegal, then the remainder of this arbitration provision will continue to be in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision did not exist.

GOVERNING LAW   The principal place of business of SaveWorks is in Los Angeles County, California. These TERMS will be governed by and construed in accordance with the laws of the State of California. No matter where you access or use the SITE from, you agree that any action at law or in equity arising out of or relating to this agreement or use of the SITE or involving SaveWorks in any way must be filed and adjudicated only in the federal or state courts located in Los Angeles County, California.  You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceedings arising out of these TERMS.   MODIFICATION OF THIS AGREEMENT   SaveWorks reserves the right to change or discontinue any part of these TERMS at any time, including wholly.  Should any changes we make materially affect your use of the SITE or services, we’ll post such changes directly on the SITE or/and notify you by e-mail at the e-mail address registered with your account.  Any changes to these TERMS will be effective immediately when we post the notice of the change on the SITE or send you an e-mail, whichever occurs first.  We urge you to revisit these TERMS periodically so that you may stay informed of changes to the TERMS.  If you use the SITE after changes to the TERMS have been made, you are agreeing to accept the modified TERMS.   We may also change or discontinue any feature or part of our SITE or services, including requirements for access or use.

Updated:  March 20, 2012