Terms & Conditions
Nice to meet
you. We re savessty. For those who care about these kinds of things, our full
corporate name is savessty inc..
We ve put together these Terms of Use ( Terms ) to let you know
what you can expect from us (and what we expect from you) when you use our
Site. By the way, when we use the word Site,
it s really shorthand for both the savessty.com
web site and any other of our applications or services (like mobile device
applications, Facebook pages, etc.) That we may use to put all of our great
products at your fingertips. Please review our Privacy Policy, which is incorporated
into and made a part of these Terms, to understand our privacy practices. When
you visit or use the Site or place an order, you expressly consent to the
collection, use, storage, processing, and disclosure of your information, including
personally identifiable information, as described in our Privacy Policy.
As much as we d like to meet each of you personally, we know that
you re busy, and that it s probably not possible. Since there is no way for us
to meet personally and sign a contract, these Terms (along with our Privacy
Policy) act as the contract between us. PLEASE CAREFULLY REVIEW THESE TERMS, AND
IF THERE IS SOMETHING IN THESE TERMS YOU DON T AGREE WITH, YOU SHOULD NOT USE
THE SITE OR PLACE AN ORDER. WHEN YOU VISIT OR USE THE SITE OR PLACE AN ORDER,
YOU AGREE TO BE BOUND BY THESE TERMS.
These terms
contain an arbitration provision and class action waiver pursuant to which you
may be waiving certain rights, including the right to file suit in court,
participate in a class action, or to have disputes heard by a jury, unless you
opt out.
In addition, you can only use the Site if you
are over 18 years old or if you are visiting the Site under the supervision of
a parent or guardian. The reason is pretty simple. People under 18 can t
legally agree to these Terms, so we simply have to ask you to not use the Site.
Of course, we really like that you want to buy our products, so we are
definitely not going to stop you from asking your parents to buy it for you if
they are cool enough to do that.
Subject to the conditions of these Terms, we grant you a
revocable, limited, non-transferable and non-exclusive license to access and
use the Site by displaying it on your computer only for the purpose of shopping
for items sold on the Site and not for any commercial use or use on behalf of
any third party, except as explicitly permitted by us in writing in advance.
Any breach of these Terms shall result in the immediate revocation of the
license granted in this paragraph without notice to you.
All content on the Site including, but not limited to, text,
graphics, images, video, software, computer code, product designs and
production methods and trademarks belong exclusively to savessty or its suppliers
and are protected by US and international copyright, trademark, and other
intellectual property laws. savessty.com, Work Happy, Work Style, Work Stylists,
TGIM and other logos, slogans, trade names or words are registered trademarks,
trademarks or service marks (together, the Marks ) of savessty. The use of any of our Marks
without our express written consent is strictly prohibited. You may not use our
Marks in connection with any product or service that is likely to cause confusion.
You may not use our Marks in any manner that disparages or discredits savessty.
You may not use our Marks in meta tags without prior written consent.
You may not reproduce, distribute, display, sell, lease, transmit,
create derivative works from, translate, modify, reverse-engineer, disassemble,
decompile or otherwise exploit this Site or any portion of it unless expressly
permitted by savessty in writing. You shall not make commercial use of any of the
information provided on the Site or make any use of the Site for the benefit of
another business unless explicitly permitted by savessty in writing in advance.
We reserve the right to refuse service, terminate accounts, and/or cancel
orders, including, without limitation, cases in which we believe that customer
conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through
this Site any content, information, or other material that (i) violates or
infringes others copyrights, patents,
trademarks, service marks, trade secrets, or other proprietary rights; (ii) is
libelous, threatening, defamatory, obscene, indecent, pornographic, or could
give rise to any civil or criminal liability under U.S. or international law;
or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other
harmful code or properties.
While we really like the way things are working right now, it is
inevitable that we will change some things over time as we learn more about you
and how we can best serve you. We reserve the right to change or remove any
service, content, products or functionality at any time. Of course feel free to
tell us when you don t like a change because we like to hear when something we
do bothers you.
Changes to these Terms
We reserve the right to modify these Terms at any time, in our
sole discretion, upon notice to you. If we do, we may give notice by posting
the updated Terms on the Site, sending you an email, or by any other reasonable
means, so it is important that you periodically review these Terms for changes,
as you will be agreeing to the new Terms by using the Site after they have been
posted.
Limitation of Liability
You agree that your use of the Site shall be at your sole risk,
and that the Site and all content included therein are provided to you AS IS. If savessty provides a limited express warranty
for a product that is less than four years in duration, then the duration of
any applicable implied warranties are limited to the duration of the limited
express warranty. IF savessty DOES NOT PROVIDE AN EXPRESS WARRANTY, savessty
EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO,
WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A
PARTICULAR PURPOSE. To the fullest extent permitted by applicable law in
connection with the Site or your use thereof, savessty makes no warranties or
representations about the accuracy or completeness of the Site or any content
accessible via the Site or products purchased thereby except as expressly
provided in these Terms and assumes no liability or responsibility for any
errors, mistakes, or inaccuracies of content, or property damage, of any nature
whatsoever, resulting from your access to or use of the Site or products
purchased thereby, any unauthorized access to or use of savessty s secure servers
and/or any and all information stored therein, any interruption or cessation of
transmission to or from the website, and any bugs, viruses, Trojan horses, or
the like that may be transmitted to or through the Site by any third party. To
the fullest extent permitted by applicable law, in no event shall savessty be
liable for non-personal injury claims under contract, tort, strict liability,
negligence or other legal theory for any lost profits or special, indirect,
incidental, or consequential damages of any kind whatsoever, substitute
services (however arising) or for any direct damages in excess of (in the aggregate)
$100.
Indemnity
You agree to defend, indemnify and hold harmless savessty and its
subsidiaries, agents, licensors, managers, board members and other affiliated
companies, and their employees, contractors, agents, officers and directors
(the group ), from and against any and
all claims, damages, obligations, losses, liabilities, costs or debts, and
expenses (including but not limited to attorney's fees) with the exception of
claims, damages, obligations, losses, liabilities, costs or debts, and expenses
caused by the group s own negligence arising from: (i) your use of and access
to the Site, including without limitation any data or content transmitted or
received by you; (ii) your violation of these Terms, including without
limitation your breach of any of the representations and warranties; (iii) your
violation of any third-party right, including without limitation any right of
privacy or intellectual property rights; (iv) your violation of any applicable
law, rule or regulation; (v) any claim or damages that arise as a result of any
content you submit to the Site or any content that is submitted via your
account to the Site; or (vi) any other party s access and use of the Site with
your username, password or other appropriate security code.
Links to Other Web Sites and Services
The Site contains links to other websites that we think may be of
interest to you. We do not endorse or sponsor any third party websites or the
information, products, or services contained on any third party websites and we
have no control over third party websites or their content. Remember that when
you link to or share content on another website, that other website is governed
by its own terms of use and privacy policy, which you should be sure to read
and understand. Access to and use of any third party website is solely at your
own risk.
Prohibited Uses
These Terms expressly prohibit certain uses of the Site. You may
not under any condition, without prior written consent by savessty, use or reuse savessty
s product listings, descriptions or prices; mine the Site for data; download,
copy, mirror, archive, intercept or redirect content or use or access an
unauthorized account or purchase product for resale. Using bots, spiders other
indexing agents or other devices to copy the Site or to hide your identity when
accessing the Site is also strictly prohibited. You agree you will impose only
the load on the Site which is necessary for your use of the Site in deciding
whether to purchase products from us and in purchasing products from us.
Copyright Infringement - Notification Requirements
If you believe that your work has been used on our Site in a way
that constitutes copyright infringement, you should submit written notification
pursuant to the Digital Millennium Copyright Act (the Notification ) to our
Designated Copyright Agent, who can be reached.
Pursuant to 17 U.S.C. 512(c), to be effective, the Notification must
include the following: (i) A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed. (ii) Identification of the copyrighted work claimed to
have been infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such works at
that site. (iii) Identification of the material that is claimed to be
infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material. (iv) Information reasonably
sufficient to permit us to contact the complaining party, such as an address,
telephone number, and, if available, an email address. (v) A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law. (vi) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed. This
process only relates to reporting a claim of copyright infringement. Messages
related to other matters will not receive a response through this process.
Please note that under Section 512(f) of the Digital Millennium Copyright Act,
any person who knowingly materially misrepresents that material is infringing
may be subject to liability. If you are unsure whether material on the Site is
infringing, we suggest that you contact an attorney prior to sending notice.
Your Input
We value your input! There may be times where we give you the
opportunity to post your input on the Site (for example in user reviews,
comments, videos, etc.). When you post content on our Site we trust that you
own it or have permission to post it and allow us to use it as permitted under
these Terms. We trust that you will only post content that you are entitled to
post, and you will be responsible for any and all issues that result from you
posting that content.
You will continue to own all content that you post on our Site.
However, by posting it, you are giving us permission (in legal terms, an
irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license) to use, reproduce, modify, distribute, create
derivative works from, and display that content (including any changes we may
make to it) in any we wish for an unlimited amount of time. We also have the
right to give others those same rights. Please note that there may be contests
and other promotions where we ask you to submit ideas that we (and not you)
would own. In those situations, we will specify in the rules for the contest or
promotion that we will own the submissions.
We expect all of our users to behave when they submit content to
the Site. Feel free to express your opinion, but please refrain from profanity
or any kind of offensive communications. We reserve the right to remove or
refuse to post any content at any time. However, we can t be responsible for
anything that a user posts on the Site and you shouldn t take the fact that
something is posted on the Site as any kind of endorsement or indication that
we agree with whatever opinions are expressed in the posting.
Returns and Refunds
For information on product returns and refunds, please view our
shipping and return policy here. We do not accept
returns for any of our products you may have purchased or received from other
retailers, only for products purchased directly from us.
Conditions of Sales and Payment
Published prices do not include taxes, duties or shipping and may
be changed without notice at any time. Acceptable payment methods will be
indicated on the order page. Open accounts for business customers are available
on approval. Payment on open accounts is due in full 30 days after shipping.
Discounts and promotions may be modified or revoked by savessty at any time
without notice. Only one discount or promotional code may be applied to a
single order.
Typographical Errors
We will be the first to admit that we are not perfect. If there
are typographical errors in product descriptions, prices or similar information,
we will try to correct them as soon as possible. If there is an error in the
price of an outstanding order, we will either cancel the order or contact you
to find out if you still want the product at the corrected price. If you find
after you receive an order that something is not as we described it (or as you
thought it would be), please contact us using the information under the Contact Us section at the bottom of these Terms. We also
recognize that you will make mistakes from time to time, but we reserve the
right to refuse service to anyone who we believe is acting in a fraudulent or
abusive manner or otherwise not living up to their obligations under these
Terms.
Monitoring
savessty has no obligation to monitor this Site or any portion
thereof. However, we reserve the right to review any posted content and remove,
delete, redact or otherwise modify such content, in our sole discretion, at any
time and from time to time, without notice or further obligation to you. savessty
has no obligation to display or post any content you may submit.
Assignment
You may not assign, transfer, or sublicense your rights, if any,
in the Site. We may assign these Terms, in whole or in part, at any time, with
or without notice to you.
Governing Law
savessty and our Site are based in New York. These Terms are
governed by New York law and in the unlikely event we have any kind of dispute
it can be heard only in the courts located in New York County, New York. Also,
the fact that the Site may be available to users outside of New York should not
be interpreted as giving any other State or country jurisdiction over us.
General
These Terms, together with any amendments, incorporated terms or
policies, and any additional agreements you may enter into with savessty, shall
constitute the entire agreement between you and savessty. If any provision of
these Terms is deemed invalid by a court of competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of the Terms, which shall remain in full force and effect. Section
titles are only for convenience and have no legal or contractual significance.
No waiver of any portion of these Terms shall be deemed a further or continuing
waiver of such term or any other term, and savessty s failure to assert any right
or provision under these Terms shall not constitute a waiver of such right or
provision. A waiver will only be binding on us if it is in writing and signed
by us. You and savessty agree that in no event shall any claim, action or
proceeding be instituted more than one (1) year after the cause of action
arose.