Dealsavr Privacy Policy

Last updated April 14, 2020

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. If you reside in the United States, please note that these terms of service contains an arbitration clause and class action waiver. It affects how disputes with Demand.io are resolved. By accepting these terms, you agree to be bound by this arbitration provision. Please read it carefully. If you do not wish to be subject to arbitration, you may opt out of the arbitration provision by following the instructions provided in the arbitration provision below.

Overview

Demand.io (or "we", "us" or "our") hosts and operates an ecommerce ecosystem (the "Platform") through a network of innovative shopping apps, websites and digital platforms, including knoji.com, dealsavr.com, stylespotter.com, dealsavr.com and other sites we may add, e.g., fave.ly (individually, a "Site" and collectively, the "Sites"). Among other things, we help (a) social media influencers and creators ("Influencers") connect and collaborate with brands, advertisers and marketing agencies ("Brands") to create content ("Content") for sponsored marketing campaigns ("Campaign"), and (b) Brands create and run Campaigns by connecting and collaborating with Influencers to create Content for their Campaigns.

We sometimes refer to those who use or access our Platform or Services as "Users", and "your" or "you", as the context may require. If you access the Platform or use the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that legal entity and, in such event, "your" or "you" means that legal entity. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Acceptance of terms

By using or accessing the Sites, and any services offered through the Sites or affiliated applications (collectively, the "Services"), you agree to be bound by the following terms and conditions ("Terms of Use" or "Terms") and our Privacy Policy. Please read these Terms and our Privacy Policy carefully. Our Privacy Policy is found at https://dealsavr.com/privacy and is incorporated by reference into these Terms. If you do not agree to these Terms, including our Privacy Policy, you have no right to obtain information from or otherwise continue using the Sites or Services. To the extent any provision in these Terms conflict with negotiated agreements between Demand.io and a party, the negotiated language controls. If you do not agree to these Terms of Use do not use the Sites or affiliated mobile applications or Services. The Terms of Use are intended for all Users of the Sites and Services, including those who are simply navigating the Sites or those who register an Account or those who prepare materials for the Sites in exchange for compensation. You should know that different sections or kinds of the Sites, Services, Terms of Use affect Users differently, so please be sure to read these Terms carefully. Although our Services may include access to content submitted by other Users of the Sites (including articles and consumer guides), we are not the author of these User-submitted content. We have no control over the validity or accuracy of any claim made in them. But if you utilize any User-submitted content, you do so at your own risk, and we expressly disclaim all warranties.

Modification

Demand.io reserves the right, at its sole discretion, to modify or discontinue, temporarily or permanently, the Platform, Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. Modifications to these Terms will automatically take effect upon posting. By continuing to access or use the Platform or Services after we have posted a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease accessing or using the Platform and Services.

Indemnification

You agree to indemnify, defend, and hold Demand.io, its subsidiaries and Affiliates, and their respective employees, officers, and directors (each, a ""Demand.io Entity" and collectively, the "Demand.io Entities"), and each Demand.io Entity's licensors, organizations, licensees, consultants, contractors, agents, attorneys, owners, third party service providers, results, and/or Services available in connection with third party websites, social content and/or action, blogs, postings, content, applications and/or emails ("Third Party Products"), harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, "Claims"), that actually or allegedly arise out of or result from your information or materials, use of the Platform or Service, any Content, your website, or your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by Demand.io and/or any Demand.io Entity, subject to Demand.io and/or the Demand.io Entity's right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against Demand.io, and/or any Demand.io Entity, provided that you will not agree to any settlement that imposes any obligation or liability on Demand.io and/or an Demand.io Entity without Demand.io's prior express written consent.

Disclaimers

All users expressly agree that the platform and services are available on an "as is" basis, without warranty of any kind, express or implied, and that your use is at your own risk. Without limiting the generality of the foregoing, we disclaim to the maximum extent permitted by law any and all warranties, express or implied, including, without limitation, any (i) warranties of merchantability or fitness for a particular purpose, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the services or sites, or any part thereof, (iv) warranties relating to the transmission or delivery of the services or through the sites, (v) warranties relating to the accuracy or correctness of data, and any other warranties otherwise relating to performance, nonperformance, or other acts or omissions by any demand. Io entity. Further, and without limiting the generality of any of the foregoing, there is no warranty that the services or the sites will meet your needs or requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that we are not liability for telecommunications or internet outages. Services may be limited by many factors, including inherent risks of the internet.

Limitation of liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform or services remains with you. Neither demand. Io nor any other party involved in creating, producing or delivering the services will be liable for any direct, incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the sites or services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not demand. Io has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In all events, our liability is limited to the greatest extent permitted by law.

Notices

We may give general notices to parties by posting on out Sites, or by electronic mail to the email address provided by a User. It is the party's responsibility to ensure that their email address and any other contact information provided to us is updated, current and correct. It is your responsibility to check these Terms to see if there has been a modification. Unless otherwise specified, any notice or other communication can be given by Demand.io by posting to the Site or via an application. For notices or communications by Demand.io made by email, if any, the date of receipt will be deemed the date on which such notice is transmitted.

Choice of law

The Sites and Services are based in solely in California. The Platform and Sites are "passive" Sites that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. Accordingly, these Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a state court located in Los Angeles, California for any action for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution Provision below. To the fullest extent allowed by Applicable Law, (a) all disputes, claims and causes of action arising out of or in connection with these Terms, the Platform or our Services, shall be resolved individually without resort to any form of class action; (b) all claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorneys' fees; and (c) under no circumstances will any User be permitted to obtain any award for, and Users hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.

Termination

We may, in our discretion and without liability to you, with or without cause, with or without prior notice, and at any time terminate these Terms or your access to the Sites and Services. Upon termination we will promptly remit to you any funds in our control that we reasonably determine are owed to you. You may cancel your Account at any time by contacting us or following the prompts on the Sites. Please note that if your Account is canceled, we have no obligation to delete or return any Content you have posted to the Platform, including, but not limited to, any reviews or Feedback.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Demand.io's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Demand.io may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability

These Terms are intended to govern the agreement between Demand.io and you to the extent permitted by all Applicable Laws, ordinances, rules, and regulations. If any provision of these Terms is for any reason or to any extent invalid or unenforceable, the remainder of these Terms and the application of that provision to other persons or circumstances will not be affected, but will be enforced to the greatest extent permitted by law.