SaveDay, Inc.
Terms of Use

Last Updated: July 15. 2019

These terms of use (the “Terms of Use”) are a legal agreement between you and SaveDay, Inc. (“SaveDay”, “we,” “us,” or “our”). These Terms of Use specify the terms under which visitors (“Visitors,” “you,” or “your”) may access and use our website located at https://www.saveday.com/ (the “Website”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THE WEBSITE OR ANY PORTION THEREOF, BECAUSE BY USING THE WEBSITE OR OTHERWISE MANIFESTING YOUR ASSENT TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS TERMS OF USE AND OUR PRIVACY POLICY (THE “PRIVACY POLICY”, TOGETHER WITH THE TERMS OF USE, THE “AGREEMENT”), WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS OF THIS TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. IF YOU ARE ACCEPTING OR CONSENTING TO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.
Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

1. Restrictions.
The Website is available only to individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review the Agreement with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Website only with the consent of your parent or guardian.

Access to and use of this Site are subject to all applicable international, federal, state and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice and without reason.

2. Intellectual Property.
SaveDay owns all right, title, and interest in and to, or is duly licensed under or otherwise authorized to use by its suppliers, the Website and all intellectual property rights in and to the Website. No license or other right is granted herein except for the rights specifically set forth herein. By using the Website, you (i) acknowledge and agree not to contest SaveDay’s proprietary rights in the Website; and (ii) agree not to disclose any confidential information of SaveDay regarding the Website (including the Website itself) or that is otherwise disclosed to you in connection with this Agreement, unless such disclosure is expressly allowed by this Agreement. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.

The Website contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of SaveDay (collectively referred to as the “Content”). The Content may be owned by us or third parties. The Content and all intellectual property related thereto are protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
If you violate any part of this Agreement, your permission to access the Content and the Website automatically terminate and you must immediately destroy any copies you have made of the Content.

The trademarks, service marks, and logos of SaveDay (the “SaveDay Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of SaveDay. Other company and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with SaveDay Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of SaveDay Trademarks inures to our benefit.

Elements of the Website 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 Content may be retransmitted without our express, written consent for each and every instance.

3. Restrictions.
You will not (and will not authorize any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code or interface protocols of the Website; (ii) modify, adapt, or translate the Website; (iii) make any copies of the Website; (iv) resell, distribute, or sublicense the Website; (v) remove or modify any proprietary markings or restrictive legends placed on the Website; (vi) use the Website in violation of any applicable law or regulation or for any purpose not specifically permitted in this Agreement; (vii) introduce into the Website any virus, worm, “back door,” Trojan Horse, or similar harmful code; (viii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) interfere with, or attempt to interrupt the proper operation of, the Website or attempt to gain access to any Content, data, files, or passwords related to the Website through hacking, password or data mining, or any other means; (x) cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website; or (xi) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of the license, and reversion to SaveDay of the rights, granted to you hereunder.

4. Disclaimer of Warranty.
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SAVEDAY MAKES NO, AND HEREBY DISCLAIMS ALL, EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE, WARRANTIES THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES, WARRANTIES THAT THE CONTENT AND ANY OTHER DATA OR INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, OR CURRENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

TO THE EXTENT THAT SAVEDAY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

5. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY OR OTHERWISE, AND IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) IN NO EVENT SHALL SAVEDAY BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION/DATA, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, EVEN IF SAVEDAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAVEDAY BE LIABLE FOR ANY CLAIM BY A THIRD PARTY, AND (II) SAVEDAY’S LIABILITY IN THE AGGREGATE FOR ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURY SHALL IN NO EVENT EXCEED ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AS SET FORTH IN SECTION 4 ABOVE OR THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION. THEREFORE, SOME OF THE ABOVE DISCLAIMERS OF WARRANTY AND/OR LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU.

NOTHING HERE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

6. Indemnification
You agree to defend, indemnify, and hold us and our owners, members, 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 products, the Content or the Website; and/or (iii) your violation of any third-party rights, including without limitation any copyright, trademark, property, publicity, or privacy right. 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.

7. Equitable Relief
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and 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.

8. Termination of the Agreement
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, 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 Website at any time without prior notice or liability. Sections 2-13 shall survive the termination of this Agreement.

9. Controlling Law
This 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. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action related to this Agreement.

10. Compliance with Applicable Laws
The Website is based in the United States and are only available to United States residents. We make no claims concerning whether the Website or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the 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.

11. Communications with and Submissions to Us
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, ratings, feedback, questions, comments, suggestions, and the like, we shall be free to use any ratings data, 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.

12. External Sites
The Website may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. 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 External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. 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.

13. General
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 the parties in writing, this Agreement constitutes the entire Agreement between the parties 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.
Copyright 2019 SaveDay, Inc. All rights reserved.

COPYRIGHT AND TRADEMARKS
The information available on or through this Site is the property of SaveDay, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of SaveDay™ or such third party that may own the Mark. Questions concerning trademarks should be directed to us at contact@SaveDay.com.

TAMPERING
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in SaveDay’s Web site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

THIRD PARTY INFORMATION
Although SaveDay monitors the information on the Site, some of the information is supplied by independent third parties. While SaveDay makes every effort to ensure the accuracy of all information on the Site, SaveDay makes no warranty as to the accuracy of any such information.

LINKS FROM THIRD PARTY SITES
SaveDay prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. SaveDay reserves the right to disable any unauthorized links or frames. SaveDay has no responsibility or liability for any material on other Web sites that may contain links to this Site.

NO WARRANTIES
Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. SaveDay uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. SaveDay periodically adds, changes, improves, or updates the information and documents on this Site without notice. SaveDay assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.

LIMITATION OF LIABILITY
Under no circumstances shall SaveDay be liable for any damages suffered by you, including any incidental, special or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if SaveDay was advised of the possibility of such damages.

PRIVACY
Protecting the privacy of our clients and users of our Sites is important to SaveDay. The SaveDay Web Site Privacy Statement describes how we use and protect the information you provide to us.

SECURITY
Data transmitted to and from SaveDay client Sites is encrypted for the user’s protection. However, the security of information transmitted through the Internet can never be guaranteed. SaveDay is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other forms of authentication involved in obtaining access to password protected or secure areas of SaveDay sites. In order to protect you and your data, SaveDay may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.

TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by providing SaveDay with any personal information through the Site, User consents to the transmission of such personal user information over international borders as necessary for processing in accordance with SaveDay’s standard business practices and the SaveDay Web Site Privacy Statement.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, SaveDay has registered an agent with the U.S. Copyright Office. Notices of claimed copyright infringement on the Site should be directed to SaveDay.

SaveDay, Inc.
2101 S IH 35 Frontage Road
Austin, TX 78741