Terms of Use

  • The following provisions (“Terms of Use”) form the basis of Savvy&Smart™.com.com (the “Program”).  Your participation in the Program is governed by the program rules and these Terms of Use.  The Terms of Use of this website (the “Website”) and you (“you” or “Member”) agree to these Terms of Use and the program rules as a condition of your enrollment in the Program.

    The Program is offered by Lealta Media, Inc. and its affiliates (collectively “Savvy&Smart™.com.com”) and Savvy&Smart™.com.com has the right to terminate or change the Program in whole or in part at any time. 

    Access to the Services

    Subject to the terms and conditions of this Agreement, Savvy&Smart™.com.com may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website ("Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" shall include, without limitation, any service Savvy&Smart™.com.com performs for you and the content offered by Savvy&Smart™.com.com on the Website. Savvy&Smart™.com.com may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Savvy&Smart™.com.com may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Savvy&Smart™.com.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO MODIFY THESE TERMS OF USE AT ANY TIME BY POSTING A NOTICE ON THE WEBSITE, OR BY SENDING YOU A NOTICE VIA EMAIL OR POSTAL MAIL. YOU SHALL BE RESPONSIBLE FOR REVIEWING AND BECOMING FAMILIAR WITH ANY SUCH MODIFICATIONS. USE OF THE SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE AS MODIFIED.

  • Savvy&Smart™.com.com does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register for Savvy&Smart™.com.com or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to or on Savvy&Smart™.com.com. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at service@savvyandsmart.com.

  • You represent and warrant to Savvy&Smart™.com.com that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use the Services and access the Website and take full responsibility for the selection and use of the Services and access of the Website. These Terms of Use are void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.

  • You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Website or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

  • The Website and Services are offered by Savvy&Smart™.com.com from its facilities in the United States of America. Savvy&Smart™.com.com makes no representations that the Website or Services are appropriate or available for use in other locations. Users who access or use the Website or Services from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

  • Privacy Policy

    At Savvy&Smart™.com.com, we respect your privacy and believe you should be informed about how we collect, use and disclose your personal information. Please read our Privacy Policy ("Privacy Policy") before using the Website.

    • Membership

  • Only individuals eighteen (18) years or older and residing in the United States may enroll in the Program and become Savvy&Smart™.com.com members. The Program and Website are not directed to or intended to be used by children under the age of eighteen (18) years.  If you are under eighteen (18) years old do not use or access the Program.  Savvy&Smart™.com.com memberships and its right to use is limited to one individual per Savvy&Smart™.com.com account. Savvy&Smart™.com.com does not charge a membership fee to participate in the Program.

    Website Content

    The Website and its contents are intended solely for the personal, non-commercial (except as specifically and expressly agreed in writing by Savvy&Smart™.com.com in connection with a specific feature of the Website only) use by Website users and may only be used in accordance with these Terms of Use. All materials displayed or performed on the Website (including, but not limited to text, blogs, graphics, articles, photographs, images, illustrations (also known as the "Content")) are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website or Services, and shall not use, copy reproduce, modify translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You shall not remove, obscure, or alter any notices or links (e.g., links to Savvy&Smart™.com.com’s Privacy Policy and Terms of Use) on the Website or any of its features or tools.

  • The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.

  • You may download or copy the Content, and other items displayed on the Website for download, for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Savvy&Smart™.com.com, or from the copyright holder identified in such Content's copyright notice. You shall not link to the Website without Savvy&Smart™.com.com’s prior written consent.

  • In the course of using the Services, you and other users may provide information which may be used by Savvy&Smart™.com.com in connection with the Services and which may be visible to certain other users. You understand that by posting information, blogs, or other content on the Website or otherwise providing content, materials or information to Savvy&Smart™.com.com or in connection with the Services, Savvy&Smart™.com.com hereby is and shall be granted a non exclusive, worldwide, royalty free, perpetual, irrevocable, transferable right to fully exploit such content, materials and information (including all related intellectual property rights) and to allow others to do so, however, Savvy&Smart™.com.com will only share personally identifiable information that you have not made publicly available in accordance with Savvy&Smart™.com.com’s current privacy policy at http://www.savvyandsmart.com/privacy. Furthermore, you understand that Savvy&Smart™.com.com retains the right to reformat, modify, create derivative works of, excerpt, and translate any materials, content or information submitted by you. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Savvy&Smart™.com.com will not be liable for any errors or omissions in any content. You understand that Savvy&Smart™.com.com cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.  Additionally, Savvy&Smart™.com.com cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.

  • Under no circumstances will Savvy&Smart™.com.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. You are solely responsible for taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You acknowledge that Savvy&Smart™.com.com does not endorse or guarantee any user blogs or other Content and you may not state or imply any such endorsement or guarantee. Savvy&Smart™.com.com shall have no obligation to monitor any user generated content, however, Savvy&Smart™.com.com and its agents reserve the right to monitor user generated content and blogs from time to time and may remove or block any content on the Website or through the Services, including disabling access to content that you have downloaded through the Services.

    Your Warranty

    You warrant, represent and agree that you will not contribute any Content (including, without limitation, anything in connection with your blog(s)) or otherwise use the Website or the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) misrepresents the source or identity of any content; (v) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code, or (vi) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Savvy&Smart™.com.com. Savvy&Smart™.com.com reserves the right to remove any Content from the Website or Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Savvy&Smart™.com.com is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Savvy&Smart™.com.com, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possesses all rights necessary to provide such content to Savvy&Smart™.com.com and to grant Savvy&Smart™.com.com the rights to use such information in connection with the Services and as otherwise provided herein.

    Community Pages

    There are several areas on the Website on which users may post information, including message boards, blogs, forums, videos, notes,  Savvy Savings groups (collectively, "Community Pages").  Any information posted to the Community Pages can be viewed by anyone who visits the Website (whether or not such visitors are registered users). Savvy&Smart™.com.com does not endorse any information posted on the Community Pages and posts made by users do not necessarily reflect the views of Savvy&Smart™.com.com.  Information on the Community Pages should not be taken as medical advice and we are not responsible for such information or for editing any factual errors or making any type of corrections to such information. Any action taken by you based on information presented on the Community Pages is at your own risk.

  • Savvy&Smart™.com.com does not, and you agree that Savvy&Smart™.com.com has no obligation to, review the communications, materials, information, opinions, and other Content posted and/or submitted by users accessing the Community Pages, and Savvy&Smart™.com.com is not in any manner responsible for the Content, that Savvy&Smart™.com.com does not guarantee the accuracy, integrity or quality of the Content, and that Savvy&Smart™.com.com cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view Content on the Website, Savvy&Smart™.com.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Content or activities of users on the Website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any Content are not necessarily those of Savvy&Smart™.com.com or its partners, affiliated or related entities providers.

  • Without limiting the other terms in these Terms of Use, you acknowledge and agree to the following guidelines for posting and/or viewing comments and/or content on the Website and Services:

    • If a comment is made using your identity or screen name it will be deemed to have been posted by you.

    • Respect everyone's opinions. Even though you might not agree with someone, that doesn't mean they are wrong or deserve to be belittled.

    • Do not post profile pictures that might be considered inappropriate.

    • Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.

    • Do not make false or misleading statements.

    • Do not offer to sell or buy any product or service, or post links to third party websites, unless expressly authorized to do so by Savvy&Smart.com in connection with a feature on the Website.

    • Do not post material that infringes the intellectual property rights or other proprietary rights, or rights of publicity or privacy, of any third party.

    • Do not post information that you know to be confidential or sensitive or otherwise in violation of any law, statute, rule, ordinance or regulation.

    • Keep all comments relevant and "on topic" to the particular Service posting that is open for comments.

    • You acknowledge and agree that Savvy&Smart.com has the absolute right to monitor and remove Content posted to the Website in its sole discretion.

    • Savvy&Smart.com has the right to alter, edit, refuse to post or remove a post on the Community Pages if it does not meet these standards or for any other reason Savvy&Smart.com deems appropriate, and to disclose such Content and the circumstances surrounding their transmission to any third party.

    • You agree that you shall immediately notify Savvy&Smart.com in writing of any objectionable content appearing on the Website. Savvy&Smart.com will make good faith efforts to investigate allegations that any Content violates these Terms of Use but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Content whatsoever

    • Any use of any Content on this Website will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT SAVVY&SMART.COM IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR OTHERWISE.

    • Restrictions

    You are responsible for all of your activity in connection with the Services and accessing the Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to Services or to access the Website. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Savvy&Smart™.com.com user. Use of the Website or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Listserv, any form of auto-responder, or "spam" on the Website, or any processes that run or are activated while the you are not logged on or that otherwise interfere with the proper working of or place an unreasonable load on the Services infrastructure.  Further, the use of manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Website is strictly prohibited. You will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity on the Website.

    Warranty Disclaimer

    Savvy&Smart™.com.com has no special relationship with or fiduciary duty to you. You acknowledge that Savvy&Smart™.com.com has no control over, and no duty to take any action regarding: which users gains access to the Website; what Content you access via the Website (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Savvy&Smart™.com.com from all liability for you having acquired or not acquired Content through the Website. The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Savvy&Smart™.com.com makes no representations concerning any content contained in or accessed through the Website, and Savvy&Smart™.com.com will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Website. Savvy&Smart™.com.com makes no representations or warranties regarding the accuracy of size, quality, colors or textures displayed anywhere on the Website, or regarding suggestions or recommendations of services or products offered or purchased through the Website (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services), or that the Website or any Content will be uninterrupted or error-free. Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Savvy&Smart™.com.com or others unless otherwise made expressly and unambiguously in writing by a designated third party for a specific product. THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    Registration and Security

    As a condition to using Services, you may be required to register with Savvy&Smart™.com.com and select a password and user name ("Username"). You shall provide Savvy&Smart™.com.com with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not (i) select or use as a Username a name of another person with the intent to impersonate that person; or (ii) use as a Username a name subject to any rights of a person other than you without appropriate authorization. Savvy&Smart™.com.com reserves the right to refuse registration of, or cancel a Username in its discretion. You shall be responsible for maintaining the confidentiality of your password.

    Indemnity

    You will indemnify and hold Savvy&Smart™.com.com, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of your access to the Website, use of the Services, the violation of these Terms of Use by you, or the infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity.

    LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS OR LICENSORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

    Third Party Websites

    The Website may contain links to third party websites that are not owned or controlled by Savvy&Smart™.com.com. When you access third party websites, you do so at your own risk. Savvy&Smart™.com.com encourages you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each third party website that you visit. Savvy&Smart™.com.com has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, Savvy&Smart™.com.com will not and cannot monitor, verify, censor or edit the content of any third party site.

    By using the Website, you expressly relieve Savvy&Smart™.com.com from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Savvy&Smart™.com.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Savvy&Smart™.com.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Savvy&Smart™.com.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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."

    Termination

    These Terms of Use shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by following the instructions on the Website. Savvy&Smart™.com.com may terminate your access to the Website (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Savvy&Smart™.com.com may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

    Notification of Copyright Infringement

    Savvy&Smart™.com.com will investigate notices of copyright infringement and take appropriate actions.  If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website or on sites linked to from this Website, please notify Savvy&Smart™.com.com.

    Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the Savvy&Smart™.com.com’s designated agent as set forth below, and must include substantially all of the following:

    • a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

    • a description of the copyrighted work or works that you claim have been infringed (“infringed work”) and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;

    • a description of where the material that you claim is infringing is located on Savvy&Smart™.com.com;

    • information sufficient to permit Dub to contact you, such as your physical address, telephone number, and email address;

    • a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

    • a statement by you that the 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.

    For Notice of claims of copyright infringement, Savvy&Smart™.com.com can be reached by mail at 255 California St. 9th Floor, San Francisco, CA 94111 or by email at service@savvyandsmart.com.

    General

    The Terms of Use and the resolution of any dispute related to the Terms of Use or the Website shall be governed by the law of the State of California, excluding its conflict of law principles.   All disputes between the parties related to these Terms of Use shall be brought in the state or federal courts located in San Francisco County, California.

    Member and Savvy&Smart™.com.com.com agree that, any provision of applicable law notwithstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.

    These Terms of Use constitutes the complete and exclusive understanding between Savvy&Smart™.com.com and Member relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter.

    If any provision(s) of these Terms of Use are held by the arbitrators to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

    Questions

    If you have any questions or notices of violation of this Agreement, please contact us by mail to Lealta Media, Inc.1196 Borregas Ave #102 Sunnyvale, CA 94089 or send an email to  service@savvyandsmart.com.
    Effective: November 1, 2008