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SAVEOLOGY ELITE - TERMS AND CONDITIONS

© 2012 SaveologyDeals, LLC. All rights reserved.

If you subscribe to the Saveology Elite loyalty program (“Saveology Elite”), these Terms and Conditions (“Terms” or “Agreement”) apply. The Terms supplement the SaveologyDeals Terms and Conditions (available at http://www.saveology.com/terms-and-conditions , both of which are incorporated herein by reference (together, “Additional Terms”). By subscribing to Saveology Elite and clicking “I Accept” below, you represent that you are of legal age in the State of your residency to form a binding contract.

1) ACCEPTANCE OF TERMS

The following are terms of a legal agreement (the “Agreement”) between you (“you” or “Subscriber”) and SaveologyDeals, LLC (“SaveologyDeals” or “We”). By subscribing to Saveology Elite, you acknowledge that you have read and understood, and agree to be bound by this Agreement, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, do not click “I Accept” below or subscribe to Saveology Elite. If you breach any of these terms and conditions, SaveologyDeals may, in its sole discretion, terminate your Saveology Elite subscription and/or your authorization to use the SaveologyDeals website (the “Site”) and/or your Daily Deals subscription. A breach of this Agreement may also subject you to civil liability, including monetary damages.

This Agreement, the Additional Terms and the Privacy Policy may change from time to time. By subscribing to Saveology Elite, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Any modification to this Agreement will be effective upon posting to the Site. If We make a material change to these terms, such as charging additional fees, we will send an electronic message to the email address that is registered with your account and post a notice of the change on the Site. Changes will not apply to Daily Deals Vouchers purchased prior to the effective date of the change. Your continued use of your Saveology Elite subscription after the posting of a modification to this Agreement constitutes your acceptance of the modification. If you do not accept the modifications to the Saveology Elite Terms and Conditions you must notify SaveologyDeals within 14 business days of the posting of the policy change. Failure to do so shall constitute acceptance of modifications terms in their entirety.

2) LOYALTY PROGRAM BENEFITS

Subscribers to Saveology Elite will receive the following:

Saveology Elite is a program administered (and the Saveology Dollars associated with such program are issued) for loyalty, award or promotional purposes. From time to time, SaveologyDeals may chose in its sole discretion to add or remove additional Saveology Elite benefits. SaveologyDeals may also choose to remove certain loyalty program benefits from free promotional programs related to Saveology Elite. You must be a member of Saveology Elite, and logged in to the Daily Deals Account associated with your Saveology Elite subscription, at the time of purchase in order to use any Saveology Dollars associated with your Daily Deals Account. At SaveologyDeals’ sole discretion, SaveologyDeals may exclude certain Saveology Daily Deals and/or other products and services offered by SaveologyDeals or its affiliates from Saveology Elite. From time to time, We may offer different subscription terms and the subscription fees for such subscriptions may vary. You may only pay for a Saveology Elite subscription with a credit or debit card. You may not under any circumstances pay for a Saveology Elite subscription with Saveology Dollars.

Your Saveology Elite subscription fee is non-refundable except as expressly set forth in this Agreement. You may cancel your subscription in Saveology Elite at any time. SaveologyDeals will charge your credit card on file the subscription fee each month until you cancel your subscription in Saveology Elite. You authorize us (without notice to you) to collect the then-applicable Saveology Elite subscription fee and any applicable taxes using any credit card we have on record for you each month until you cancel your Saveology Elite subscription. You will still be charged the full Saveology Elite subscription fee for the period in which you cancel (e.g., if your credit card is normally charged on the 10th of the month for the Saveology Elite subscription fee and you cancel on the 17th of the month, you will not be refunded any portion of the subscription fee already charged for that period unless otherwise required by applicable law).

3) ELIGIBILITY & SUBSCRIBER ACCOUNTS

a) Eligibility. In order to subscribe to Saveology Elite, you must be of legal age in the State of your residency to form a binding contract. In the event SaveologyDeals establishes certain contests, sweepstakes and/or special events for Saveology Elite members, in order to participate, you must: (i) meet the designated minimum age requirements (for example, eighteen years of age or older) for the particular contest, sweepstakes or special event and (ii) comply with all of the specific rules and terms established for the particular contest, sweepstakes or special event. Certain SaveologyDeals offers may not be available in all States and you acknowledge that you may be prohibited by the laws of such States from participating in those offers.

b) How to Subscribe. In order to join Saveology Elite, you must provide your name, email address, zip code, and valid credit card information, including, without limitation, your current billing address. You agree that the information you provide will be accurate and complete and that you will inform us of any changes. You must also establish, and at all times maintain, a Daily Deals Account. We reserve the right to accept, refuse, or terminate your subscription in Saveology Elite in our sole discretion. Your Saveology Elite subscription may not be transferred or assigned to anyone else.

c) Daily Deals Account: User Name and Password. In order to join Saveology Elite, you must create a Daily Deals Account, including a user name and password, unless you already have an existing Daily Deals Account that you would like to link to your Saveology Elite subscription. You may only create and hold one account and you are responsible for managing it. Your Daily Deals Account is non-transferrable and may not be sold, combined or otherwise shared with any other person. You must keep your user name and password confidential and not share or transfer your use of or access to the Site with or to any third parties. If you violate any provisions of this Agreement, We may terminate your Saveology Elite subscription and/or your Daily Deals Account and, without limitation and subject to applicable law, you may forfeit any pending, current or future promotional account credits and any unredeemed vouchers in your Daily Deals Account. If you commit fraud or falsify information in connection with your use of the Site, your Saveology Elite subscription or your Daily Deals Account, your Saveology Elite subscription and your Daily Deals Account will be terminated immediately without notice. We reserve the right to hold you liable for any and all damages that We suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site. You will be responsible for all activity that occurs while your password is in use, including any damages resulting from the unauthorized use of your password. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information and immediately notify our customer service department by email at support@SaveologyDeals.com or by telephone at 877-795-7693, between the hours of 9:00 a.m. and 5:00 p.m. EST. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER NAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

4) SAVEOLOGY DOLLARS AND WHEN THEY EXPIRE

“Saveology Dollars” are a form of Site currency redeemable only toward future SaveologyDeals for Daily Deals purchases. SaveologyDeals reserves the right to discontinue Saveology Dollars or modify this Agreement at any time. Unless required by law, Saveology Dollars are non-transferrable and are not redeemable for cash. Your Saveology Dollars have two separate values: (i) the “amount paid” or (ii) the “promotional value”. The “promotional value” is the additional value beyond the amount paid. For example, if you pay $10.00 for your Saveology Elite subscription per month and you then receive $15.00 in Saveology Dollars in your Daily Deals Account per month, the amount paid is $10.00 and the promotional value is $5.00. In the event your Saveology Dollars no longer appear in your Daily Deals Account and such Saveology Dollars have not expired as explained in this paragraph, please notify our customer service department by email at support@SaveologyDeals.com or by telephone at 1-877-795-7693 between the hours of 9:00 a.m. and 5:00 p.m. EST.

The amount paid portion of your Saveology Dollars expires upon the later of: (i) thirty (30) days following the date that the amount paid portion of the Saveology Dollars are placed into your Saveology Elite Account and (ii) the earliest date of expiration permitted by applicable law. The promotional value portion of your Saveology Dollar expires upon the later of: (i) thirty (30) days following the date that the promotional value portion of the Saveology Dollars are placed into your Daily Deals Account and (ii) the earliest date of expiration permitted by applicable law. Notwithstanding the foregoing, your initial amount paid for the first month of your Saveology Elite subscription expires upon the later of: (i) sixty (60) days following the date that the amount paid portion of the Saveology Dollars are placed into your Daily Deals Account and (ii) the earliest date of expiration permitted by applicable law.

You are responsible for ensuring that Saveology Dollars are added to your Daily Deals Account by logging into your Daily Deals Account and checking your Saveology Dollars balance on a monthly basis. Saveology Dollars in your Daily Deals Account will automatically be the first form of credit to be applied toward SaveologyDeals purchases. The Saveology Dollars nearest to expiration will be the first Saveology Dollars applied toward future SaveologyDeals purchases.

Your Saveology Dollars cannot be resold, assigned or transferred in any way. Your Saveology Dollars cannot be combined or merged with Saveology Dollars in any other Daily Deals Account. Access to Saveology Dollars or related account information may not be sold or distributed to others. Unauthorized or fraudulent use, resale or distribution of Saveology Dollars and unauthorized or fraudulent use of any Daily Deals Account, is prohibited.

5) YOUR INFORMATION

The information that you provide (excluding your credit card information) when you join Saveology Elite, establish a Daily Deals Account, subscribe to Daily Deals and/or purchase a Daily Deal Voucher, may be disclosed to third parties. Please read our Privacy Policy (available at http://www.saveology.com/privacy-policy ) for details regarding how We collect, use and share your personal information.

While SaveologyDeals may provide you with an opportunity to provide comments or ask questions regarding Content (as defined in Section 9 below) posted on the Site, we do not want nor do we solicit confidential or proprietary information from you. Any unsolicited information you provide shall be deemed non-proprietary and non-confidential and SaveologyDeals shall have no obligation to protect such information from further disclosure or distribution. By providing us with such information, you are granting us an unrestricted and irrevocable right to reproduce, use, publish, broadcast, disclose, display, perform, modify, transmit, distribute or otherwise use and exploit the information without restriction and without compensation.

6) ELECTRONIC COMMUNICATIONS

a) Mobile Devices. By subscribing to Saveology Elite, you consent to receive electronic communications from SaveologyDeals in electronic form, via email, Short Message Service (“SMS Service”) or wireless internet (“WAP Service”). If the email address you provide to us is a wireless email address, you agree to receive messages delivered via the Site at that address and understand that your wireless carrier's standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received and that you are authorized to approve the applicable charges. You may opt out of receiving these messages at any time by notifying us at support@SaveologyDeals.com. Only United States residents may use the SMS Service or WAP Service.

b) Data Security. SMS Services or WAP Services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the SMS Services or WAP Services or the Site will be private or secure, and We will not be liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service or WAP Service, as applicable, and the Site. You acknowledge and agree that We may access your account(s) and wireless account(s) for the purpose of identifying and resolving technical problems and service-related complaints.

7) DAILY DEALS

You may use your Saveology Dollars to purchase Daily Deal Vouchers through the Site. Your use of the Site and your purchase of a Daily Deals Voucher through the Site, including, without limitation, those purchases utilizing Saveology Dollars, are expressly subject to the Additional Terms.

8) ACCEPTABLE USE POLICY

a) You agree to comply with all applicable laws, rules and regulations and agree not to engage in any unacceptable use of the Site. You shall not post, transmit, e-mail, re-transmit or store material on or through the Site that, in the sole judgment of SaveologyDeals: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity or (iii) that violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations. By way of example, and including, without limitation, you are expressly prohibited from using the Site to:

  1. upload, post, e-mail orotherwise transmit any information, data, text, software, music, sound,photographs, graphics, video, messages or other materials (collectively,“Prohibited Content”) that is unlawful, harmful, threatening, abusive,harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive ofanother's privacy, hateful, or racially, ethnically or otherwiseobjectionable. Pornography and pornographic related merchandising areexpressly prohibited, including providing links to pornographic contentelsewhere;
  2. harm minors in any way;
  3. impersonate any person orentity or falsely state or otherwise misrepresent your affiliation withthe Site, a person or entity;
  4. forge headers or otherwisemanipulate identifiers in order to disguise the origin of any ProhibitedContent transmitted through the Site or develop restricted orpassword-only access pages, or hidden pages or images (those not linked tofrom another accessible page);
  5. upload, post, e-mail orotherwise transmit any Content that you do not have a right to transmitunder any law or under contractual or fiduciary relationships (such asproprietary and confidential information learned or disclosed as part ofemployment relationships or under nondisclosure agreements);
  6. upload, post, e-mail orotherwise transmit any material that infringes any patent, trademark,trade secret, copyright or other proprietary rights of any party;
  7. upload, post, e-mail orotherwise transmit any material that contains software viruses or anyother computer code, files or programs designed to interrupt, destroy orlimit the functionality of any computer software or hardware ortelecommunications equipment;
  8. disrupt the normal flow ofdialogue, cause a screen to "scroll" faster than other users ofthe Site re able to type, or otherwise act in a manner that negativelyaffects other users' ability to engage in real time exchanges;
  9. restrict or inhibit other usersfrom visiting the Site, including, without limitation, by means of“hacking or defacing any portion of the Site;
  10. collect, harvest, mine orobtain by any other manner information about others, including but notlimited to, phone numbers, email addresses, and other personalinformation;
  11. “stalk" or otherwiseharass another;
  12. impersonate any person orentity, including any employee or representative of SaveologyDeals;
  13. use the Site to engage in anyillegal activity or for any purpose not reasonably intended bySaveologyDeals, such as defrauding retailers;
  14. effect security breaches ordisruptions of Internet communication. Security breaches include, but arenot limited to, accessing data of which you are not an intended recipientor logging into a server or account that you are not expressly authorizedto access.

You further agree not to (i) interfere with or disrupt any other user’s quiet enjoyment of the Site or (ii) interfere with or disrupt, or attempt to interfere with or disrupt, the security of the Site or otherwise cause harm to the Site.

b) Limited Access. Any access or attempt to access other areas of SaveologyDeals’ computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the Content. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or that tampers with copyright protection measures applicable to the Content. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on SaveologyDeals’ infrastructure. Except as otherwise set forth herein, no license is granted to the technology and the software underlying the Site, and copying, distributing, reverse engineering, modifying or decompiling the technology and the software is expressly prohibited.

9) INTELLECTUAL PROPERTY RIGHTS

a) Content. All content on the Site including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Content"), is the property of SaveologyDeals or its original creator and is protected by international copyright, trademark, patent and/or other intellectual property laws. Except as expressly provided for in this Agreement, SaveologyDeals and/or its licensors retain any and all right, title and interest in and to the Content. Permission is granted to display, copy, distribute, and download the Content for personal, noncommercial use only, provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not copy, modify, translate, publish, perform, broadcast, transmit, distribute, display, prepare derivative works of, sell or otherwise exploit the Content for public or commercial purposes without our prior written consent and that of our licensors or suppliers, if required. You may not “mirror” any Content on any other server without our prior written permission. Any unauthorized use of the Content will terminate the license granted herein and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and could subject you to civil and criminal penalties.

b). Trademarks. SaveologyDeals and the SaveologyDeals logo are trademarks or service marks of SaveologyDeals, LLC. All other trademarks and service marks are the property of their respective owners. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of SaveologyDeals or the owner of such trademark or service mark.

c). Any rights granted to you by SaveologyDeals or its licensors to the Content will not apply to the design, layout or look and feel of the Site or the Content. Each of the foregoing is protected by trademark, trade dress, copyright, unfair competition and other laws and may not be copied or imitated in whole or in part.

10) HYPERLINKS

You are granted a limited, nonexclusive right to create a “hypertext” link to the Site provided that such link is to the entry page of the Site and does not portray SaveologyDeals, the participating merchants or any products or services featured on the Site in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without SaveologyDeals’ express, prior written consent. Links to third party sites on the Site are provided solely as a convenience to you. If you use these links, you will leave the Site. SaveologyDeals does not control, and is not responsible for, such sites, their content or their policies, including, without limitation, privacy policies or lack thereof. SaveologyDeals does not endorse or make any representations about third party sites or any information, products, or materials found therein, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that SaveologyDeals shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by, or in connection with the use of or reliance on, any such third party sites.

11) DISCLAIMER OF WARRANTIES

SAVEOLOGY ELITE AND THE SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, CONTENT, AND INFORMATION, IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SAVEOLOGYDEALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. SAVEOLOGYDEALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY OR RELIABILITY THEREOF, OR THE RESULTS OF THE USE OF THE CONTENT ON THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE CONTENT MAY BE OUT OF DATE, AND SAVEOLOGYDEALS MAKES NO COMMITMENT TO UPDATE THE CONTENT. SAVEOLOGYDEALS DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT FILES DOWNLOADED FROM THE SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. SAVEOLOGYDEALS DOES NOT WARRANT THAT THIS SITE, SOFTWARE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, CONTENT OR SERVICES CAN OR WILL BE CORRECTED.

12) LIMITATION OF LIABILITY

A) IN NO EVENT WILL SAVEOLOGYDEALS, ITS DIRECTORS, EMPLOYEES OR AGENTS OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF, RELATING TO, OR RESULTING FROM SAVEOLOGY ELITE AND/OR THE USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THE SITE, THE CONTENT, OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR INFORMATION FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAVEOLOGYDEALS’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SAVEOLOGYDEALS DURING THE TERM OF YOUR SUBSCRIPTION, BUT IN NO CASE WILL SAVEOLOGYDEALS' LIABILITY TO YOU EXCEED $1000.

b) SaveologyDeals is not responsible or liable in any manner for any Content posted on the Site by third parties. SaveologyDeals reserves the right to change any and all Content, software and other items used or contained in the Site and any Services offered through the Site, at any time without notice. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by SaveologyDeals. SaveologyDeals is not responsible for the conduct, whether online or offline, of participating merchants or any user of the Site.

13) AVAILABILITY

SaveologyDeals makes reasonable efforts to ensure that the Site and access to your Saveology Dollars is available 24 hours a day, 7 days a week. You agree that from time to time the Site or portions thereof, including, without limitation, your Saveology Dollars, may be inoperable or inaccessible for any reason, including, without limitation, (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SaveologyDeals may undertake from time to time; or (iii) causes beyond the control of SaveologyDeals or causes which are not reasonably foreseeable by SaveologyDeals. Some Content on the Site may have been created in file formats which are not error-free and SaveologyDeals does not guarantee that the Site will not be affected by such errors. You are responsible for all costs and charges that you may incur in order to access and use the Site and the Content.

14) COPYRIGHT INFRINGEMENT POLICY

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2) (“DMCA”), SaveologyDeals, LLC will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

SaveologyDeals’designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
SaveologyDeals, LLC
5259 Coconut Creek Parkway
Margate, Florida 33063
Email: webmaster@SaveologyDeals.com

15) INDEMNIFICATION

You agree to indemnify, defend and hold SaveologyDeals, its licensors and affiliates and their respective assigns, harmless from any loss, liability, damages or claim, including reasonable attorneys’ fees and costs, that arise directly or indirectly from (i) your Saveology Elite subscription, (ii) your activities in connection with the Site, (iii) a breach of this Agreement, including, but not limited to, any violation of the acceptable use policy, or (iv) any allegation that any information that you provide via the Site infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property, privacy or other rights of any third party. You also agree to reimburse upon demand any and all indemnified parties for any losses incurred by such indemnified parties to which this indemnification provision relates.

Subscriber is solely responsible for interactions with Merchants and other users of the Site. To the extent permitted under applicable law, Subscriber hereby releases SaveologyDeals from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Daily Deals Voucher, and any conduct or speech, whether online or offline, of any other user. Subscriber 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.”

16) APPLICABLE LAWS AND MISCELLANEOUS

If any provision(s) of this Agreement is held by a court of competent jurisdiction 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. SaveologyDeals’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SaveologyDeals in writing. The section headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by SaveologyDeals. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to conflict of laws provisions. You irrevocably and unconditionally consent to submit all disputes arising under this Agreement to arbitration in Ft. Lauderdale, Florida, before a sole impartial arbitrator. The arbitration shall be administered by the AAA pursuant to its Commercial Rules and the arbitrator shall be selected pursuant to the rules and procedures of the AAA. The decision of the arbitrator shall be final and non-appealable. Judgment on the award may be entered in any court having competent jurisdiction.

17) Termination

We may change or discontinue the Site at any time without prior notice. We reserve the right to terminate this Agreement at our election and for any reason, without prior notice, and this Agreement will automatically terminate in the event that you violate any of these terms and conditions. In the event of any termination, you will immediately cease access to the Site. Any Daily Deals Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Daily Deals Voucher.
Last Updated: October 11, 2012