Savings for the Northwest Area of Columbus Ohio

Terms of Service and User Agreement
 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS/SERVICES. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCT/SERVICES.

"The Company" (SavingsEclub.com) program provides it's merchant clients with the service of customer database, email marketing and hosted online coupons. In addition to these services the Company may also provide other marketing services such as event or contest marketing and online surveys.

The Company services may not be used for the sending of unsolicited emails (spam) or for the hosting of illegal or prohibited content. (See our Spam policy) which is considered part of these terms and conditions of use by reference.

The following are the terms and conditions of use for access to this web site and use of our Product/Services. The Company may, at it's sole discretion, modify or revise these Terms at any time by updating this posting. By utilizing the SavingsEclub advertising services or by accessing this web site you accept these Terms and Conditions of Use.

Copyright and Trademark Information
© 2010 SavingsEclub - WelcomeLinks Mktg. All Rights Reserved

The web site, and the information it contains, is the property of SavingsEclub and its affiliates or the third party advertisers who have licensed their material to the Company and is protected by copyright under both United States and foreign laws. You are prohibited from any unauthorized use of this material without written permission from the Company or such third party.

Notice and Procedures for making claims of Copyright
If you believe that any materials accessible on or from this web site or the Products / Services constitute copyright infringement upon your work, you may request removal of said materials (or access thereto) by contacting the Company with the following information:
1. Identification of the copyrighted work that you claim has been infringed, including a copy or location (e.g. URL) of an authorized version of the work.
2. Your Name, address, telephone number, and (if available) email address.
3. 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.
4. A statement by you that the information have provided in your notice is accurate and indicating "under penalty of perjury" that you are the copyright owner or authorized to act on the copyright owner's behalf.
5. A signature or an electronic equivalent of the copyright owner or authorized representative.
SavingsEclub agent for copyright issues is as follows:
SavingsEclub- WelcomeLinks Mktg
Attn: Copyright Agent
2783 Martin Rd #334
Dublin Ohio, 43017

Product / Service Terms
The Company provides a venue for consumers and establishments to develop mutually beneficial business relationships. The Services provided include administration of a localized permission email program on behalf of establishments and the posting of the merchants coupon offers on the web site. As such, the Company is neither a principal interested in any transactions, nor an agent of either the consumers or the establishments. Release: In the event of any dispute regarding any transaction between a consumer and an establishment conducted through use of the Services (a “Dispute”), you agree that SavingsEclub shall have no liability to you, based on its role described in the paragraph above. You hereby release the Company, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, co-branders, partners, successors and assigns (the “released parties”) and each of the foregoing, from any and all manner of action, claim or cause of action or suit, at law or in equity, and from any and all losses, damages, costs or expenses, including without limitation court costs and attorney fees, which may have against the released parties, or any of them, known or unknown, disclosed or undisclosed, which arise out of or relate in any way to a Dispute.

User Conduct and Acknowledgments
You represent, warrant and covenant that: Your use of the Services including the providing of any Information shall not: Be false, inaccurate, misleading or incomplete, and you shall immediately correct any Information that is not accurate, reliable, legal or complete; Infringe upon any third party’s copyright, patent, trademark, or trade secret rights; or rights of publicity or privacy; or other proprietary rights; Be fraudulent; Violate any local, municipal, state, provincial, national, regional, international or other law, statute, ordinance or regulation (each a “Law” and collectively “Laws”), including without limitation those governing export control, consumer protection, sending unsolicited email or “spam”, unfair competition, anti-discrimination, false advertising, U.S. or international embargo or United Nations resolution with respect to any embargo; Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Be obscene or indecent; Create liability for SavingsEclub nor cause it to lose in whole or in part the services of its vendors, suppliers, or any other third party; Involve any collusion with any other User; Contain any viruses “Trojan horses,” “worms,” “time bombs,” “cancelbots” or other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, data or personal information; and Attempt to violate the security of this Web Site, including accessing data not intended for you or logging into a server or account you are not authorized to access, or attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures. You agree to not interfere with or disrupt this web site or any related SavingsEclub site, servers, or networks connected to this web site or any related SavingsEclub site.

The Service may not be used for the sending of unsolicited email, you agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email in connection with the Service. You will adopt maintain the companies privacy/spam policy which may be modified by SavingsEclub from time to time.

No Rights in Software
This is an agreement for services and access to this web site, and you are not granted a license to any software by this agreement. You will not directly or indirectly, reverse engineer, de compile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products (“Software”); remove any proprietary notice or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software.

Third Party Sites
The Company's web site may contain links to online merchants or other third party sites and services. We are a directory of other sites and the offers they promote. These links and services are provided to you as a convenience, and SavingsEclub is not responsible for the content of any linked web site or use of any third-party service, which may include, without limitation, social bookmarking services. Any purchases you make through other websites and from other companies is at your own risk. You are cautioned to read such sites' Terms and Conditions, Sales, Return and Warranty Policies, and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites on your own to your satisfaction.You are also cautioned to carefully read the terms and conditions of any coupons, specials, sweepstakes, promotions, sales or other offers from these merchants. SavingsEclub shall not be responsible for any inaccuracies; misrepresentations; product or service liability; offensive, infringing, libelous or illegal materials; lack of availability of other sites, information or promotions, products or services; viruses or other computer problems resulting from use of such sites; or any liabilities resulting from such terms and conditions and sites. The Company does not guarantee prices, promotions, or products or services, or anything on such sites. You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the "coupons" and specials listed on this site. You agree that the Company and its licensors and advertisers shall have no liability whatsoever from such third party sites and your usage of them. These other sites are not under the control of the Company, are not monitored or reviewed by the Company, and the Company is not aware of the contents of such sites. The Company does not sponsor or recommend these sites. You acknowledge that the Company is not responsible for the products, services, accuracy, copyright compliance, legality, decency, or any other aspect of the contents or any transmissions received through such sites. These sites may contain information or material that is illegal, unreasonable or that some people may find inappropriate or offensive. By using any such web site or service, you expressly relieve SavingsEclub from any liability arising from your use of such third-party web site and service and any related content.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, THE PRODUCTS OR SERVICES LISTED ON THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, SAVINGSECLUB IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDINGING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIORT TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY THE COMPANY TO YOU IN THAT TWELVE (12) MONTH PERIOD. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COMPANY, ADVERTISERS, VENDORS, PRODUCT OR SERVICE PROVIDERS, AND/OR ITS LICENSORS' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED AS MUCH AS PERMITTED BY THE LAW OF YOUR JURISDICTION INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its advertisers, vendors, product and service providers, licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this site, or any services, information or products from this site, or any violation of this Agreement or the terms of their offerings. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with the Company in asserting any available defenses.

Warranty Disclaimer
USE OF THE PRODUCTS / SERVICES AND ANY RELIANCE BY YOU UPON THE PRODUCTS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. HE COMPANY AND IT'S VENDORS DO NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCT OR SERVICE. THE PRODUCT IS PROVIDED "AS IS" AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Products shall be for SavingsEclub to use commercially reasonable efforts to correct, adjust or repair the Products / Service.

Miscellaneous
The Company makes no claims the Product / Services or materials on the web site are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain states or countries. You access the site at your own risk and are responsible for compliance with the laws of your jurisdiction.

This agreement shall be governed by the laws of the State of Ohio, USA without regard to its choice of law or conflict of laws provisions. In the event a dispute shall arise to this Agreement the dispute shall first be referred to a mutually agreed upon Arbitration Attorney in Franklin County Ohio. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. The prevailing party shall be entitled to recover its costs and attorneys' fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or defend or enforce the award. Venue and jurisdiction shall lie exclusively in the State of Ohio, except that any claims cognizable only in federal court venue shall lie in the U.S. District Court for the district of Ohio.

If any provision of this agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this agreement will otherwise remain in full force and effect and enforceable.

This agreement is the complete and exclusive statement of mutual understanding between you and the Company for your use of the Product / Services or web site

Revised June 2010

 

 

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