SavingStreet. Helpful Moving Assistance. Every step of the way.
Welcome to the SavingStreet™ web site (referred to as “Saving Street” or “SavingStreet™.com”). SavingStreet, LLC makes SavingStreet™ and the SavingStreet™.com site available to you, our customers, through an arrangement with Ellie Mae, Inc., various sub-contractors and service providers and vendors. (Collectively referred to as the “SavingStreet™ site technology provider”) as well as other service providers. It is important that you understand both the benefits and limitations of the SavingStreet™ site. Please review these terms and conditions (referred to as “SavingStreet™ site Terms and Conditions” or the "Agreement") as it represents an agreement between you, the person using the SavingStreet™ site (“SavingStreet™ site Users”), and the SavingStreet™ site. By continuing to access SavingStreet™.com you signify your acceptance of this Agreement. SavingStreet, LLC and the SavingStreet™ site technology provider shall be beneficiaries of this Agreement.
This Agreement is binding on all SavingStreet™ site Users. The terms "we," "us," or "company" in the Agreement refer to SavingStreet, LLC and the SavingStreet™ site technology provider, and the terms "user," “your” or "you" refer to the SavingStreet™ site Users, whether an individual, partnership, limited liability company, or corporation. Merchant Partners are all merchants referenced on the SavingStreet™ site web site and hereafter shall be referred to as “Merchants” or “Merchant Partners” or “Merchant Partner”. The term “ID” means a unique ID. All SavingStreet™ site Users are required to read and comply with the entire SavingStreet™ site user Terms and Conditions, as some may be changed or amended from time to time by the SavingStreet™ site or the SavingStreet™ site technology provider.
SavingStreet™ SITE USERS AGREE TO USE OF COOKIES
A cookie is a small file created by an Internet server to store information on your computer. The SavingStreet™ site and SavingStreet™ site technology providers use the following cookies to administer the SavingStreet™ site web site.
A session cookie is used to facilitate communication between the SavingStreet™ site and our Merchant Partners. This cookie does not store any customer information and expires when you close your browser.
A persistent cookie is used to identify you as a SavingStreet™ site web site visitor and does not store any customer information.
A persistent cookie may be used to track your use of the SavingStreet™ website which aids the SavingStreet™ site in identifying ways to improve its program. This cookie, which may be maintained by a third-party, does not store any personal customer information.
PRICES AND PRODUCT AVAILABILITY
Prices for products offered by any Merchant Partner are completely within the control and discretion of the Merchant and may be changed at any time. Neither SavingStreet, LLC nor the SavingStreet™ site nor SavingStreet™.com guarantees availability of all products for sale or shipment.
VOLUNTARY CANCELLATION
You may cancel your relationship with the SavingStreet™ site at any time, for any reason, by notifying the SavingStreet™ site in writing.
OWNERSHIP AND DISSEMINATION OF INFORMATION
The SavingStreet™ site and/or the Merchant Partners may supply, to the SavingStreet™ site User, product information, data processing information, and other reports containing information concerning a SavingStreet™ site user's product purchases. All information regarding the identity of purchasers, the products purchased by such purchasers and the sales amounts and SavingStreet™ generated by purchases, are proprietary and confidential, constitute trade secrets of SavingStreet, LLC or the SavingStreet™ site technology provider and may not be used by or disclosed to any person or entity other than the intended recipient of the report or reports from SavingStreet™ site or the SavingStreet™ site technology provider.
INFORMATION RELATING TO THE PRIVACY POLICY
The SavingStreet™ site and the SavingStreet™ Privacy Policy can be found on the SavingStreet™.com site, and will be deemed part of this Agreement. Certain terms and conditions relating to the application and administration of the SavingStreet™ sites are noted below.
MERCHANT PARTNERS
Merchant Partners are solely responsible for accepting, processing and filling customer orders. These tasks will be performed in accordance with stated ordering and customer service polices at the Merchant Partner's site.
INTEGRITY AND REPRESENTATIONS
SavingStreet™ site’s mission is to form relationships with others that share our same integrity, intentions and business goals. We expect our users to maintain these same standards. SavingStreet™ site Users understand that all Merchant Partners shall be third party beneficiaries of all the rights, interests and benefits that SavingStreet™ sites may have pursuant to this Agreement.
INDEPENDENT RELATIONSHIP
The SavingStreet™ site user agrees to indemnify SavingStreet, LLC and the SavingStreet™ site technology provider and hold them harmless from any and all claims, actions, demands, damages, losses, expenses and liabilities, including judgments, civil penalties, refund claims, attorneys' fees, court costs, or lost business, incurred by SavingStreet, LLC and/or the SavingStreet™ site technology providers from or as a result of any failure to comply with this Agreement.
EQUIPMENT
All SavingStreet™ site Users shall be responsible for their own equipment and materials, including maintaining all telephone, computer hardware and software, and other equipment or software needed for access to and use of the SavingStreet™ site service.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Neither SavingStreet™.com or SavingStreet, LLC., the SavingStreet™ site technology providers or any other sub-contractor or vendor, any Merchant Partners, their affiliates, nor any of their respective directors, officers, employees, agents, third party content providers or licensors represent or warrant that the SavingStreet™ site will operate continuously, or be uninterrupted or error free. SavingStreet™ site technology providers, SavingStreet, LLC, Merchant Partners, its affiliates, officers, directors, shareholders, agents and employees will have no liability, by reason of negligence or otherwise, for any failure to be accessible, available, or online at any time or during any period of time, or for any failure of the SavingStreet™.com web site to properly receive, record or process any orders, purchase transactions or commission payment information at any time or during any period of time. This disclaimer of liability applies to any claims, actions, damages, losses, liabilities or injury caused by any failure of performance, including but not limited to, error, omission, interruption, deletion, defect, delay in operation or transmission, equipment failure, software bug, computer virus, sabotage, utility failure, communication line failure, casualty, theft or destruction or unauthorized access to, or alteration of records. Neither SavingStreet™ site, SavingStreet, LLC, the SavingStreet™ site technology providers nor the Merchant Partners will be held liable for defamatory, offensive or illegal conduct of SavingStreet™ site users or third parties, and the risk of damage, loss, liability or injury from the foregoing rests entirely with each SavingStreet™ site user.
Without limiting the foregoing provisions, neither SavingStreet, LLC, nor SavingStreet™ site technology providers, nor any of their parents, subsidiaries, affiliates, officers, directors, partners, shareholders, employees or agents shall have any liability for any claims, losses or damages, including without limitation any direct, indirect, consequential, incidental, special or punitive damages arising out of or in connection with the SavingStreet™ site web site, any products purchased from Merchant Partners using the SavingStreet™.com web site, or the failure of any Merchant Partner to accept, process or fulfill any product purchase orders.
The Merchant Partner shall be solely liable for any claims, losses or damages arising out of or in connection with the products purchased from Merchant Partners using the SavingStreet™ web site or the failure of any Merchant Partner to accept, process or fulfill any product purchase orders; however, the Merchant Partners will not be liable for any incidental or consequential damages.
NON-WAIVER PROVISION
Failure of SavingStreet™ site technology providers, SavingStreet, LLC or any Merchant Partner to exercise any rights stated in these SavingStreet™ site User Terms and Conditions shall not constitute a waiver of their right to exercise any such rights in the future or demand exact compliance therewith. Waiver by SavingStreet™ site technology providers, SavingStreet, LLC or any Merchant Partner of any breach of any provision of these SavingStreet™ site user Terms and Conditions will not constitute a waiver of any prior, concurrent, or subsequent breach of these SavingStreet™ site User Terms and Conditions.
CHANGES IN DISTRIBUTION POLICY
SavingStreet™ site, SavingStreet™.com, SavingStreet, LLC, and/or the Merchant Partners will have the right at any time to change or discontinue any aspect or feature of the SavingStreet™ site user program, including, but not limited to, product prices, equipment needed to access the SavingStreet™ site web site, these SavingStreet™ site user Terms and Conditions and/or any features of the SavingStreet™ site web site. All changes will be made with the intention of making a better SavingStreet™ site. Upon notification by publication or posting on the SavingStreet™ site web site, any and all such changes or amendments are immediately incorporated as part of this Agreement between SavingStreet™ site technology providers, the SavingStreet™ site, SavingStreet™.com, SavingStreet, LLC and the SavingStreet™ site Users, unless a later date is stipulated as the effective date in such posting.
TERMINATION
SavingStreet, LLC, and SavingStreet.com reserve the right to immediately terminate its agreement with any SavingStreet site User, at any time, for any reason. SavingStreet, LLC, and SavingStreet.com will cooperate with all law enforcement inquiries. Therefore, SavingStreet site will provide upon request from local, state and federal law enforcement officials your ID, first and last name, street address, city, state, zip code, country, phone number, e-mail, credit card number and company information. "Notice of Termination" shall be in writing directly to the SavingStreet site User and may be delivered by, but not limited to, first class mail, e-mail, or facsimile transmission to the last address posted in User’s Profile. If false, inaccurate, or non-current information is provided to SavingStreet site, notification will not be sent to the SavingStreet site User.
NON-PERFORMANCE
Neither SavingStreet site technology providers, nor Merchant Partners, nor SavingStreet, LLC will be responsible for delays or any failure in performance under the SavingStreet site User Terms and Conditions, where performance is made commercially impracticable due to circumstances beyond a party's control including, but not limited to: the failure of any server hardware or software to operate or function property; the inability to link to, access, conduct business or confirm transactions on or through the SavingStreet.com web site whether caused by server hardware or software failure or caused by any Internet service, SavingStreet site or other third party; earthquake, flood, fire, storm or other casualty or natural disaster; epidemic; accident; explosion; act of God; lockout; strike; labor controversy or threat thereof; riot; insurrection; civil disturbance or commotion; boycott; disruption of the public markets; war or armed conflict (whether or not officially declared); terrorist attack, sabotage; act of a public enemy; embargo; delay of a common carrier; the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business; lack of availability of any product or service advertised or promoted on the SavingStreet.com web site or through an e-mail communication to a user; or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree binding on such party; provided that the party relying upon this Non-Performance provision takes all reasonable steps under the circumstances to mitigate the effects of the event or circumstances causing the non-performance.
INCLUSIVE RULES
These SavingStreet site user Terms and Conditions and the instruments and documents referred to herein constitute the entire understanding of the parties, with respect to the subject matter thereof and as such may be amended at any time by the SavingStreet site.
GOVERNING LAW; ARBITRATION
These SavingStreet site user Terms and Conditions are all to be construed, governed and enforced under the laws of the United States and the State of New York. In the event of any controversy, dispute or claim arising out of or related to these SavingStreet site user Terms and Conditions, it will be finally settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except to the extent deemed modified by the following:
The Arbitrator will determine whether and to what extent any party will be entitled to damages. No party will be entitled to punitive damages, and each party waives all such rights if any. The expenses of the arbitration will be borne equally by each party; and each party will bear its own legal fees and expenses, except that a party will be awarded its reasonable attorney's fees and expenses if an award is rendered by the Arbitrator in its favor.
The arbitration will take place in New York. Each party will prepare a submission and proposed finding with such affidavits, memoranda of law, exhibits and other documents as are appropriate to support the position taken by such party. The Arbitrator will take such evidence in the hearing or request further submissions that the Arbitrator believes is necessary to evaluate the submission or the credibility of the evidence, provided that the Arbitrator will use every effort to avoid a general hearing. The Arbitrator will select one or the other of the proposed findings as the final determination of the matter in controversy. The Arbitrator will not have the power to add to or modify any of the terms of conditions of the proposed findings or this Agreement. Such selection by the Arbitrator is intended to constitute an award and will be an award entitled to full recognition under applicable law. The Arbitrator's written decision will be rendered within 60 days of the submission by both parties. The decision reached by the Arbitrator will be final and binding upon the parties as to the matter in dispute. The arbitration proceedings and all filing, testimony, documents and information relating to or presented during the arbitration proceeding will be disclosed exclusively for the purpose of facilitating the arbitration process and for no other purpose and will be deemed to be information subject to the confidentiality provisions of the SavingStreet site user Terms and Conditions.
Either party may apply to an appropriate court in New York to challenge or vacate any final judgment, award or decision of the Arbitrator that does not comport with the express provisions of this arbitration clause.
INVALID PROVISION
If any provision or paragraph in these SavingStreet site user Terms and Conditions and the instruments and documents referred to herein or any amendment(s) thereto is held to be invalid by a court of competent jurisdiction, all other provisions and paragraphs shall remain valid and in full force and effect.
SavingStreet, LLC
1333 Broadway, Suite 506
New York, NY 10018
© 2009 Ellie Mae, Inc. All rights reserved. Ellie Mae, Encompass, ClickLoan (patent No. 7,472,089) and ePASS (patent No. 7,444,302) are registered trademarks and Encompass360, Encompass CenterWise and Encompass Closer are trademarks of Ellie Mae, Inc. in the United States. All other product and company names may be trademarks of their respective owners.
© Copyright 2009 SavingStreet™. All rights reserved.