SaveMore Terms of Service

Terms of Service

The following is the binding contractual agreement between you (“you” or “the User”) and Lifestyle – Save More, LLC (“we”, “SaveMore.com”, or “SaveMore”)

By using, visiting, or viewing the SaveMore.com web site, any other web sites operated by SaveMore.com now or in the future, (collectively, the “SaveMore Sites”) you represent that you have read and understood these Terms of Service and the SaveMore Privacy Policy http://privacy-policy.truste.com/verified-policy/www.savemore.com and agree to accept and be bound by these Terms of Service and the SaveMore Privacy Policy. Using, visiting, or viewing the SaveMore Sites includes but is not limited to access of the SaveMore Sites via a SaveMore.com smartphone app.

You shall be responsible for protecting the confidentiality of your password(s), if any. You acknowledge that the Internet is subject to interruptions in service and other events that are beyond the control of SaveMore, and you acknowledge that SaveMore shall not be responsible for any data lost while transmitting information on the Internet. While it is SaveMore’s objective is to make the SaveMore Sites accessible 24 hours per day, 7 days per week, the SaveMore Sites may be unavailable from time to time for reasons including but not limited to routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of SaveMore, access to the SaveMore Sites may be interrupted, suspended or terminated from time to time.

You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the SaveMore Sites.

1. Savings Percentages

The percentages of savings expressed on this website and the percentages SaveMore believes you are likely to save on those services and goods you purchase from a Merchant using a SaveMore voucher are based upon retail price reported by the Merchant to SaveMore compared to price of the Voucher. These are amounts of savings that Merchants are currently offering to SaveMore customers across all of SaveMore’s regions and are by no means a guarantee. Each individual merchant offer and SaveMore Voucher will determine the actual savings you enjoy.

2. Modification of Terms

SaveMore reserves the right at all times to discontinue or modify any of our Terms of Service and/or our Privacy Policy as we deem necessary or desirable, including but not limited to the addition of or increase in the amount of fees or charges. You will be notified of any material changes via e-mail sent to the e-mail address that is registered with your account and/or through notice posted on the SaveMore Sites. Any changes to these Terms of Service will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on the SaveMore Sites. No changes to these Terms of Service shall apply to Vouchers purchased prior to the effective date of such changes. These changes will be effective immediately for new users of the SaveMore Sites and any Vouchers purchased by such new users. We suggest to you, therefore, that you re-read this important notice containing our Terms of Service and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the SaveMore Sites by You after such notice shall be deemed to constitute acceptance by you of such modifications.

3. Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the SaveMore Sites and all charges related thereto. SaveMore shall not be liable for any damages to your equipment resulting from the use of the SaveMore Sites.

4. Modification of Sites

SaveMore shall have the right at any time to change or discontinue any aspect or feature of the SaveMore Sites, including but not limited to content, hours of availability and equipment needed for access or use. Further, SaveMore may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change data transfer speeds or other similar characteristics.

5. Your Conduct

The SaveMore Sites are private property. All activity on or through the SaveMore Sites must comply with these Terms of Service. To the extent your conduct (as judged by SaveMore in its sole discretion), restricts or inhibits any other user from using or enjoying any part of the SaveMore Sites, we may limit your privileges on the SaveMore Sites, prohibit you from using the SaveMore Sites, close your SaveMore account, or seek other remedies at law or equity.

THE FOLLOWING ACTIVITIES ARE PROHIBITED AND CONSITUTE EXPRESS VIOLATIONS OF THIS AGREEMENT.

Submitting any intentionally inaccurate, fraudulent, or false information in connection with your SaveMore account;
Creating multiple SaveMore accounts;
Exceeding or circumventing, or attempting to exceed or circumvent limitations on purchase of vouchers including quantity limits, or otherwise using any SaveMore account to purchase vouchers for resale, or for speculative, false, fraudulent use, or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the SaveMore Sites;
Attempting to or successfully exceeding, circumventing, or violating terms and limitations associated with a particular voucher or offer, including terms and limitations associated with an offer of value for new account signup or for referral of a new User to SaveMore.
Attempting to access, or successfully accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
Attempting to scan, or test the security or configuration of the SaveMore Sites or to breach security or authentication measures without proper authorization;
Tampering or interfering with the proper functioning of any part, page or area of the SaveMore Sites or any and all functions and services provided by SaveMore;
Attempting to interfere with service to any user in any manner, including but not limited to submitting a virus, attempting to or successfully overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the SaveMore Sites;
Using the SaveMore Sites or any of their contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with SaveMore;
Using the SaveMore Sites or any of the SaveMore Sites’ resources to solicit other users, Merchants or other business partners of SaveMore to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with SaveMore, including without limitation, aggregating current or previously offered deals;
Using any User or Merchant information from the SaveMore Sites for any commercial purpose, including, but not limited to, marketing;
Accessing, monitoring or copying any content or information from the SaveMore Sites using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
Violating the restrictions in any robot exclusion headers on the SaveMore Sites or bypassing or circumventing other measures employed to prevent or limit access to the SaveMore Sites;
Taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
Aggregating any live or post-feature content or other information from the SaveMore Sites (whether using links or other technical means or physical records associated with purchases made through this Site) with material from other sites or on a secondary site without our express written permission.
Deep-linking to any portion of the SaveMore Sites (including, without limitation, the purchase path for any voucher) without our express written permission;
Acting illegally or maliciously against the business interests or reputation of SaveMore, our Merchants or our services.
Any other activity that, as judged by SaveMore in its sole discretion, impairs or attempts to impair the operation of the SaveMore Sites, SaveMore’s business operations, or the experience of other Users of the SaveMore Sites.

6. Copyright and Trademark

Everything located on or in the SaveMore Sites is the exclusive property of SaveMore or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTION, TRANSMISSION, POSTING, LINKING, OR OTHERWISE MODIFYING OF THE SAVEMORE SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF SAVEMORE. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

The SaveMore Sites 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 SaveMore Sites are protected by copyright as a collective work under the United States copyright laws. You may download, print, and/or save copyrighted material for Your 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 SaveMore 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. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the SaveMore Sites shall not be deemed to be in the public domain but rather the exclusive property of SaveMore.

7. Disclaimer of Warranty

YOU EXPRESSLY AGREE THAT USE OF THE SAVEMORE SITES IS AT YOUR SOLE RISK. NEITHER SAVEMORE, 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 SAVEMORE SITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SAVEMORE SITES, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THE SAVEMORE SITES.

THE SAVEMORE SITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAVEMORE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Limitation of Liability

IN NO EVENT SHALL SAVEMORE, 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 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL SAVEMORE’S LIABILITY IN CONNECTION WITH A VOUCHER EXCEED THE AMOUNTS PAID FOR SUCH VOUCHER, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.

9. Monitoring

SaveMore shall have the right, but not the obligation, to monitor the content of the SaveMore Sites at all times, including any chat rooms and forums that may hereinafter be included as part of the SaveMore Sites, to determine compliance with these Terms of Service and any operating rules established by SaveMore, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, SaveMore shall have the right, but not the obligation, to remove any material that SaveMore, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

10. Privacy

You acknowledge that you have read, understood and agree to SaveMore’s Privacy Policy. http://privacy-policy.truste.com/verified-policy/www.savemore.com

11. Indemnification/Release

You agree to defend, indemnify and hold harmless SaveMore, 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 activity on the SaveMore Sites or any products or services purchased by you in connection with the SaveMore Sites.

You are solely responsible for interactions with Merchants though, related to, or arising out of the SaveMore Sites. To the extent permitted under applicable laws, you hereby release SaveMore from any and all claims or liability related to any product or service of a Merchant, and any act or omission by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Voucher.

In connection with the foregoing release, You hereby waive 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.”

12. Termination

SaveMore may terminate this Agreement at any time, for reasons including but not limited to the following: SaveMore shall have the right to immediately terminate or suspend any of your passwords or accounts in the event of any conduct by you which SaveMore, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 8 and 11 survive such termination by SaveMore of this Agreement.

13. Third-Party Content

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or other users are those of the respective author(s) or distributor(s) and not of SaveMore. SaveMore neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SaveMore by anyone other than authorized SaveMore employee spokespersons while acting in official capacities.

SaveMore contains links to third-party web sites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by SaveMore of the contents on such third-party site, and SaveMore hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party web sites. If you access linked third-party web sites, you do so at your own risk.

Unless you have executed a written agreement with SaveMore expressly permitting you to do so, you may not provide a hyperlink to any of the SaveMore Sites from any other web site.

14. Miscellaneous

These Terms of Service, including the Terms of Sale set forth below (which are incorporated into these Terms of Service), and any operating rules for SaveMore established by SaveMore, 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 these Terms of Service is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Service, and the remaining portions of these Terms of Service shall continue in full force and effect. The failure of either party to exercise any of its rights under these Terms of Service shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.

15. Arbitration

You agree that: (1) any claim, dispute, or controversy you may have against SaveMore arising out of, relating to, or connected in any way with these Terms of Service, the SaveMore Sites, 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 in Dallas, Texas, or at such other location as may be mutually agreed upon by you and SaveMore; (3) the arbitrator shall apply Texas 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 your and/or SaveMore’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 you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SaveMore will pay as much of the your 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 you nor SaveMore shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, you may visit the AAA web sites at http://www.adr.org.

TERMS OF SALE

Vouchers obtained from the SaveMore Sites are promotional vouchers that may be purchased from participating merchants (“Merchants”) through SaveMore to be used in exchange for goods and services at a discount from their actual cost. By placing an order for a Voucher from a Merchant through SaveMore, you make an offer to purchase the Vouchers you have selected on the terms and conditions stated below. For more information about our collection of personal information, please view our Privacy Policy. You are required to create an account in order to purchase any Voucher.

The Voucher you purchase through SaveMore is redeemable for goods or services by the Merchant. The Merchant, not SaveMore, is the seller of the goods and services and is solely responsible for redeeming any Voucher you purchase. SaveMore sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Merchant.

1. Terms and Conditions for Restaurant-Specific Vouchers.

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 SaveMore Sites.

· Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the Restaurant and is subject to compliance with applicable laws.

· 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 credit is at the sole discretion of the Restaurant unless otherwise required by applicable law.

· Neither SaveMore 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.

· All purchases of Vouchers for Restaurants may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state or local statutes or codes is the responsibility of the Merchant. SaveMore’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 SaveMore has no role in such determination or action on the part of the Merchant.

2. Terms and Conditions for Non-Restaurant Merchant Vouchers

· 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 SaveMore 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.

3. Additional Terms and Conditions for All SaveMore Vouchers.

All Vouchers shall be subject to the terms and conditions of SaveMore and the participating Merchant. The Merchant is the seller of the goods or services which you are purchasing.

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 SaveMore 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 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 SaveMore, 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 even 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 SaveMore [and explain your situation in writing] and SaveMore will refund the purchase price of the Voucher as described below in Section 4. Refunds.

4. Refunds

SaveMore will provide a refund of the purchase price paid by you for any Voucher within five days after the purchase of Voucher, provided that the Voucher has not yet been redeemed. After five days, the following options are available to you:

· If your experience has been unsatisfactory for any reason, please contact our Customer Service department as soon as possible at 800.441.1090 and explain your situation. While we do not guarantee a refund, we will evaluate your concerns on a case by case basis and endeavor to find a resolution.

· If you are unable to redeem your Voucher due to Merchant refusal, or Merchant’s cessation of business prior to the expiration date specified for the Voucher or any extended redemption period beyond the expiration date required by applicable law, contact our Customer Service department at 972.479.5099 and explain your situation. We will refund the purchase price paid by you for the Voucher at issue.