Terms And Conditions
Last Updated: 5/16/2022
This website (“site”) is owned, operated and provided by Savingsvip.com. This visitor agreement is a binding legal agreement between you and us. Please read it carefully. By using this site, you accept its terms.
The Internet and World Wide Web is an evolving medium; we therefore reserve the right to make changes the terms of this agreement from time to time. You may review them anytime by clicking on the Terms and Conditions tab located on the bottom of each page within the website. By continuing to use the service after we post any such changes, you accept this agreement, as modified.
We reserve the right to deny access to this site, or any service provided via this site, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at anytime.
We invite you to send in your questions or comments about this site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:
162 S Peninsula Dr. Daytona Beach, Florida 32118
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us via email to firstname.lastname@example.org, or by sending a notice by U.S. Mail to the above address.
OWNERSHIP AND PERMISSIONS
Our Limited License to You. This website is made available for your personal, non-commercial use only. The materials on this website are the property of Savingsvip.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. Except as otherwise indicated and/or technically restricted on or through this website, you may view and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written permission from the owner. Requests for permission to reproduce or distribute materials found on this website should be sent to:
ATTN: Legal Department
162 S Peninsula Dr. Daytona Beach, Florida 32118
or by sending a message through our email to email@example.com
Contents of this site are: Copyright 2010 Savingsvip.com and/or its licensors. All rights reserved.
Your License To Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this website (for example, video, audio, photos, text, etc.), such as any blogs, message boards, classifieds, forums, or community publishing areas, you agree that such material is provided to us on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we (including our partners, agents, affiliates and service providers (each a "Third Party Provider" and collectively, "Third Party Providers") may reproduce, modify, archive, publish, display and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. Without limiting the generality of the previous sentence, you agree that we (as defined above) may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website, to any Third Party Providers, or to any users of any Third Party Provider services, without the requirement of providing you any form of notice and/or compensation. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings of material that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
Links. We welcome links to our service. You are free to establish a hypertext link to this site so long as the link does not state or imply any sponsorship of your site by us.
No Framing. Without our prior written permission, you may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property. Requests for permission to frame our content or in-line link to our website may be made by forwarding a message via our online form
The Site provides an interactive online service operated by Savingsvip.com on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities facilitated through Savingsvip.com Membership, affiliates of Savingsvip.com or merchants (“Merchants”) offering vouchers for sale (“Vouchers”) which may be exchanged for goods/services at Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Savingsvip.com, and Savingsvip.com shall not be responsible for any data lost while transmitting information on the Internet. While it is Savingsvip.com's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Savingsvip.com, access to the Site may be interrupted, suspended or terminated from time to time.
Savingsvip.com shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Savingsvip.com may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Savingsvip.com shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
4. End User Conduct.
This Site and any individual sites or merchant-specific, country specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms and Conditions. Although we welcome and encourage user interaction on our Site, we do insist and require that all end users restrict any and all activity in connection with the use of this Site and the Microsites to that which involves lawful purposes only. End User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Savingsvip.com's express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by an End User that in Savingsvip.com's exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited. End User shall not use this Site or any of the Microsites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Site and/or the Microsites to become users of other on- or offline services directly or indirectly competitive or potentially competitive with Savingsvip.com.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Savingsvip.com, its subsidiaries, affiliates, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
5. Copyright and Trademarks.
Everything located on or in this Site, including the Microsites, is the exclusive property of Savingsvip.com or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Savingsvip.com IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademarks, servicemarks or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Savingsvip.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Savingsvip.com or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks and servicemarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Savingsvip.com shall not be deemed to be in the public domain but rather the exclusive property of Savingsvip.com, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Savingsvip.com unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Savingsvip.com does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, servicemarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Savingsvip.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Savingsvip.com the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Savingsvip.com, its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Copyright Policy.
Savingsvip.com reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Savingsvip.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Savingsvip.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Savingsvip.com's Copyright Agent for notice of claims of copyright infringement is as follows:
ATTN: Legal Department
162 S Peninsula Dr. Daytona Beach, Florida 32118
or by sending a message through our email to firstname.lastname@example.org
7. Disclaimer of Warranty.
END USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER'S SOLE RISK. NEITHER Savingsvip.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. Savingsvip.com HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability.
IN NO EVENT SHALL Savingsvip.com, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL Savingsvip.com's LIABILITY IN CONNECTION WITH A Savingsvip.com MEMBERSHIP EXCEED THE AMOUNTS PAID FOR SUCH MEMBERSHIP, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT
Limitations on Our Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT, SERVICE, ADVERTISEMENT OR PROMOTION AVAILABLE ON OR THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY UNDER THE LAWS OF SUCH STATES/JURISDICTIONS.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO YOUR USE OF THIS WEBSITE OR THE PRODUCTS, SERVICES, ADVERTISEMENTS OR PROMOTIONS AVAILABLE THROUGH THIS WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES.
Indemnity. YOU AGREE TO INDEMNIFY AND HOLD Savingsvip.com, ITS OWNERS, SUBSIDIARIES, AFFILIATES, LICENSEES, LICENSORS, AND EACH OF THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, PARTNERS, LICENSEES AND LICENSORS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY ARISING OUT OF INFORMATION OR MATERIAL YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THIS WEBSITE, YOUR USE OF THIS WEBSITE, YOUR CONNECTION TO THIS WEBSITE, YOUR VIOLATION OF THIS VISITOR AGREEMENT, OR YOUR BREACH OF THE RIGHTS OF ANY THIRD PARTY.
Registration. To obtain access to certain services on our site, you may be given an opportunity to register with us. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and for all actions of any person that accesses this website through any username/password assigned to you. You will notify us at email@example.com of any known or suspected unauthorized use of your account.
Jurisdiction. This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Georgia. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this agreement or use of this website.
IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
Materials Submitted by Other Users. We cannot and do not review every posting made in our blogs, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. Take what you find with a grain of salt. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.
No Endorsements. We are not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. An advertisement or a link to another website does not constitute our endorsement of that ad or the linked site (nor of any product, service or other material promoted in the ad or offered on such site.
No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Savingsvip.com shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Savingsvip.com, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Savingsvip.com shall have the right, but not the obligation, to remove any material that Savingsvip.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
11. License Grant.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Savingsvip.com a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees.
End User agrees to defend, indemnify and hold harmless Savingsvip.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Savingsvip.com from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.”
Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:
Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, servicemark, trade secret, copyright or other proprietary right of any party;
Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
Gathering for the purpose of "spamming" any email addresses that users post in our chat rooms, forums and other public posting areas;
Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
Uploading or posting any off-topic or irrelevant material to any blog, chat room, forum or other public posting areas;
Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
Violating any applicable local, state, national or international law, including, but not limited to (i) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, (ii) regulations promulgated by the U.S. Securities and Exchange Commission, and (iii) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the Nasdaq;
"Stalking" or otherwise harassing another;
Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
Collecting or storing personal data about other users;
Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.
Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components. Personal Advertisements
Any personal advertisements permitted or otherwise made available on this site must be appropriate for all ages. Personal advertising participants must be 18 years or older. If available on this site, any personal advertising section is restricted to individuals seeking personal, monogamous relationships. All ads must be in good taste and must not solicit for sex or sexual activities. We reserve the right to edit or reject ads that do not meet these standards. Use of any available personal advertising section for any illegal purpose will be subject to prosecution.
We are not liable for the content of the personal advertisements or the responses to such advertisements. We encourage users to take appropriate safeguards when responding to personal ads and arranging meetings. Screen all respondents carefully. Meetings with new companions should occur in public places and participants should not divulge their addresses. Be smart, not sorry.
Savingsvip.com may terminate this Agreement at any time. Without limiting the foregoing, Savingsvip.com shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Savingsvip.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.
14. Trademarks and Servicemarks.
Leisure Collection, Fantasy Getaways, Staycation Getaways, Value Getaways, Zero Cost Leisure and the tag lines “Zero Means Zero” and “A Vacation for Every Family” are all servicemarks of Savingsvip.com. All rights in respect of these servicemarks are hereby expressly reserved. Unless otherwise indicated, all other trademarks or servicemarks appearing on Savingsvip.com sites are the property of their respective owners.
15. Third-Party Content.
Savingsvip.com, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Savingsvip.com has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Savingsvip.com.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Savingsvip.com. Savingsvip.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Savingsvip.com by anyone other than authorized Savingsvip.com employee spokespersons while acting in official capacities. Under no circumstances will Savingsvip.com be liable for any loss or damage caused by an end user's reliance on information obtained through Savingsvip.com. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Savingsvip.com.
Savingsvip.com contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Savingsvip.com of the contents on such third-party sites, and Savingsvip.com hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Savingsvip.com expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Savingsvip.com reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Savingsvip.com established by Savingsvip.com, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Savingsvip.com arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Savingsvip.com; (3) the arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Savingsvip.com's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Savingsvip.com will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Savingsvip.com shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, End Users may visit the AAA website at http://www.adr.org.
Savingsvip.com is located at 162 S Peninsula Dr. Daytona Beach, Florida 32118. You should note 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. Current providers of such protections can be found at: http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software.
II.TERMS OF SALE
The Voucher you purchase through Savingsvip.com is redeemable for goods or services by the Merchant. The Merchant, not Savingsvip.com, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Savingsvip.com sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.
Terms and Conditions for Restaurant-Specific Vouchers.
Savingsvip.com does not sell, or have any liability for any vouchers, services or membership deals for any merchants. All vouchers for product are the responsibility for the individual merchant, or the company re-selling the product or service.
For this section, “Restaurant” shall be defined as a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of Vouchers.
Redemption frequency is determined by Restaurants, and shall be contained in the Voucher offer on the Site.
Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable law
Vouchers cannot be combined with any other restaurant vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Restaurant.
Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant.
Valid for dine in only unless otherwise stated.
The issuing of restaurant credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.
Neither Savingsvip.com nor the Restaurant is responsible for lost or stolen Vouchers or restaurant Voucher reference numbers.
Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms & conditions will render the Restaurant-Specific Voucher void.
Void to the extent prohibited by law.
If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash from the Restaurant, equal to the difference between the face value and the amount you redeemed, if required by applicable law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid for a Voucher which entitles you to purchase of product by February 1, 2010 and you make a purchase for on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant (i.e., ) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. For example, for customers purchasing Vouchers for Restaurants in Ohio, the redemption of the Voucher may be subject to the limitations imposed by the Ohio Revised Code Title  XLIII, Section 4301.01, which imposes a limitation of redeeming Vouchers at restaurants that serve both food and alcoholic and intoxicating liquor beverages, such that the redemption of such Voucher can only be applied to alcoholic and intoxicating liquor beverages for up to 30% of the value of the Voucher. Compliance with state statutes or codes (for example, the Ohio Revised Code) is the responsibility of the Merchant. Savingsvip.com's sole role in the transaction is as a marketing agent for the Merchant Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, and Savingsvip.com has no role in such determination or action on the part of the Merchant.
2. Terms and Conditions for Non-Restaurant Merchant Vouchers
Savingsvip.com does not sell or have any liability for any vouchers, services or membership deals for any merchants. All vouchers for product are the responsibility for the individual merchant, or the company re-selling the product or service.
Merchant Voucher may be applied only to merchandise sold by Merchant, and may not be applied to shipping or handling charges.
Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
Neither Savingsvip.com nor the Merchant is responsible for lost or stolen Vouchers or Voucher's reference number.
Voucher cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant.
Reproduction, sale or trade of this Voucher is prohibited unless done so in compliance with applicable law.
Any attempted redemption not consistent with these terms and conditions will render the Voucher null and void.
Void to the extent prohibited by law.
If you redeem the Voucher for less than its face value, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant if required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid for a Voucher which entitles you to purchase of product by February 1, 2010 and you make a purchase for on January 30, 2010, you will only be entitled to a credit or cash equal to the difference between the face value and the amount you redeemed from the Merchant (i.e., ) if required by applicable law. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
3. Additional Terms and Conditions for All Savingsvip.com Vouchers.
All Vouchers shall be subject to the terms and conditions of the company offering, selling or distributing the participating Restaurant or Merchant. The Merchant or Restaurant are the sellers of the goods or services which you are purchasing, not Savingsvip.com. Agent is only a distributor of complimentary membership services, for Savingsvip.com.
The holder and issuer of a Restaurant-Specific Voucher is the Restaurant. The holder and issuer of a Merchant Voucher is the Merchant. As a holder and issuer of the Voucher, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Restaurant or the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers or portions thereof. You waive, and release Savingsvip.com and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant or Restaurant in connection with a Voucher or the services/goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers or any portion thereof. Restaurant-Specific Vouchers and Merchant Vouchers are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
According to applicable law, the Merchant may be responsible for allowing you to redeem your Voucher for the cash value based on the money you actually paid for your Voucher (i.e. if you paid for a Voucher which gives you of value to the Merchant, the cash value that you paid is , not ), for a period of time that extends beyond the expiration date on the Voucher. While the expiration date on the Voucher dictates the last date that you can use your Voucher at Merchant for the promotional offer stated on the Savingsvip.com, applicable law may provide that the Merchant is responsible for honoring the cash value that you paid for your Voucher for a period of time beyond the expiration date stated on the Voucher. In other words, you should be allowed to redeem the cash value (or purchase price) of your Voucher up until the greater of: (1) the Voucher's expiration date; or (2) the minimum length of time allowed by applicable law for a Voucher to expire. In the event that you have an expired Voucher and would like to redeem it for the price you paid to acquire it, please contact the Merchant. Once again, the Merchant should allow such redemption if applicable law requires it, and we have instructed the Merchant to do so. If you have gone to the Merchant and the Merchant has refused to redeem the cash value of your expired Voucher, and if applicable law entitles you to such redemption, then please contact the company responsible for selling or offering the voucher for the merchant, ie. Restaurant.com or Smart Circle, or RSI Vacations.
We make no guarantees about the quality or validity of the companies sponsoring this site. Anyone wishing to use information on this site must first contact radio officials to request permission.
Questions regarding privacy issues should be directed to Savingsvip.com to the attention of the General Manager. Children should always get permission from their parents before sending any information about themselves (such as their names, email addresses, and phone numbers) over the Internet, to us or to anyone else. We won't knowingly allow anyone under 13 to register with any of our sites or to access those features that require registration.
The information gathered by Savingsvip.com falls into two categories: (1) information voluntarily supplied by visitors to our website through optional registration or e-commerce transactions, and (2) tracking information gathered as visitors navigate through our site. Third party service providers on or linked to by our website, such as vendors of products and services offered through our site, may be gathering the same kinds of information.
To make use of certain features on our website (such as our message boards) visitors need to register and to provide certain information as part of the registration process. We may also ask visitors for certain information with respect to our e-commerce services (such as in connection with the purchase of products/services on our website). (We may ask, for example, for your name, email address, sex, age, zip code and credit card information). The information you supply will help us make the site more useful to you, and to process e-commerce transactions.
To help make our site more responsive to the needs of our visitors, we invoke a standard feature of browser software, called a "cookie," to assign each visitor a unique, random number, a sort of user ID, if you will, that resides on your computer. The cookie doesn't actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), we won't know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can't read unrelated data off your hard drive. Our advertisers and third party service providers may also assign their own cookies to your browser, a process that we don't control.
When we present information to our advertisers -- to help them understand our audience and confirm the value of advertising on our websites -- it is usually in the form of aggregated statistics on traffic to various pages within our site. From time to time, we may share either individual or aggregated information on visitors to our site with third parties that provide services on or are linked to by our website, and with those marketing products and services that we believe may be of interest to you. Please indicate on our registration form if you'd prefer we not share such information with them. If you want to change your election (or to review, update, or delete the information you provided on registering), just return to the registration form, enter the changes you want to make, and re-submit the form. Please note that we cannot guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a message you post to any chatroom, forum or other public posting area is available to anyone with Internet access. If you don't want people to know your email address, for example, don't include it in any message you post publicly.
We use third-party advertising companies to serve ads when you visit our web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Of course, our use of information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later.