SaveWorks - Terms of Service
WELCOME TO SAVEWORKS, WHERE EVERYONE SAVES
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.
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).
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.
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.
POLICY ON ELECTRONIC COMMUNICATIONS
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