- These terms and conditions shall govern your use of our website.
- By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
- If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
Services — The Site is a Venue and we are not a party to any transaction between Users of the Site. We are not a party to any purchase or other agreement between users, even if the Site allows you to purchase other ancillary products or services.
- Authority to Execute Agreement.User hereby represents, warrants and covenants that (a) it has the authority to enter into this Agreement and to perform its obligations hereunder; (b) the execution and performance of this Agreement does not and will not violate any agreement to which User is a party or by which it is otherwise bound; and (c) when executed and delivered, this Agreement will constitute a legal, valid and binding obligation of User, enforceable in accordance with its terms.
- User Eligibility/Accuracy of Information/Listing Practice Requirements.
Our services may only be used by Users who can form legally binding contracts under applicable law. In order to list a property on the Site, Users must comply with savecaliforniabusiness.com requirements, which include:
- Users must use commercially reasonable efforts to respond to all gift card bond requests/inquiries from online customers within 24 hours of receipt of a request or inquiry.
- Each User represents and covenants that it owns and/or has all necessary rights and authority to offer and fulfill the services for which they are offering in exchange for the purchase of a Gift Card Bond.
- Listings. By submitting a listing, you hereby grant, represent and warrant that you have the right to grant, to savecaliforniabusiness.com a nonexclusive, royalty-free, perpetual, transferable, irrevocable right to use, reproduce, modify, edit, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world in any media and otherwise use your Listing Content. Savecaliforniabusiness.com may, at no additional cost to user, license third- party web sites to advertise the Listings in order to maximize exposure for your Listings. You agree that we may reproduce in whole or in part any photographic material supplied by you in the promotion of your property of the promotion of the Site. Savecaliforniabusiness.com shall solely determine placement of any Brand/company name(s) mentions on the site. Your company may be displayed within the listing content. The placement location of your Website, Facebook page, YouTube, or Twitter account, and/or any other social media account if allowed to be displayed on the site, shall be determined solely by savecaliforniabusiness.com. We cannot guarantee that your listing will appear in any specific order in search results on the Site.
- ID Verification.You are responsible and agree to keep any password and user ID for account(s) with us and your email account, secure and confidential. You shall not provide your password(s) and user ID to any unauthorized users of your account(s). You agree to notify us immediately if you believe your password for your account with savecaliforniabusiness.com or your email account may have been compromised. If you believe your secure information has been compromised, you agree to change your password, and or user ID. We reserve the right without notice to you, to suspend or cancel your listing at any time without any notice from you if we have reason to suspect, in our sole discretion, that your account with us or your email account is being used in a fraudulent or unauthorized nature.
- Content.You and you alone are responsible for accuracy and completeness of your Listings, User Content, and Reviews, that may make you, or any third party personally identifiable. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others. You agree that your Content is your creation and not provided or endorsed in any way by Savefloridabusiness.com. You agree not to use the Site or Services with any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, offensive (e.g. material that promotes racism, bigotry, hatred, or physical harm of any kind against any group of individual) or otherwise objectionable material of any kind or nature or which is harmful of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any Laws, or obligations or restrictions imposed by any third party.
- No Other Licenses.By executing this Agreement, User neither grants nor receives, by implication, estoppel, or otherwise, any rights under any copyright, patents or other intellectual property rights of Savecaliforniabusiness.com or another user.
- No Warranty.Savecaliforniabusiness.com and User each acknowledges that, except as otherwise agreed in writing, all services and information provided by or to savecaliforniabusiness.com under this agreement is provided “as is” with no warranties or conditions whatsoever, whether express, implied, statutory or otherwise, and Savecaliforniabusiness.com and User each expressly disclaim any warranty of merchantability, no infringement, and fitness for any particular purpose with respect to such services and information.
- Limitation of Liability. In no event will either savecaliforniabusiness.com or User be liable to each other or to any other User or third party under this agreement for the cost of procuring substitute goods or services, lost profits, lost revenue, lost sales, loss of use, loss of data or any incidental, consequential, direct, indirect, punitive, or special damages, whether or not such party had advance notice of the possibility of such losses or damages, or in cases of willful conduct or gross negligence, or where required by applicable law.
- Disclaimers.In no event shall we be liable to you or any third party for any losses or damages whatsoever arising from or relating to the purchases, listings, or reviews, or your interaction with any managers, guests, customers, or other users.
- Role.Savecaliforniabusiness.com’s sole role is to facilitate the availability of the Site and Services.
- Governing Law.This Agreement shall be construed and controlled by the laws of the State of California without reference to conflict of laws principles. If any claim or dispute between the parties is not resolved by good faith negotiations, any suits or proceedings pursued by either party shall be brought in the Federal or state courts located in California, to whose jurisdiction each party hereby submits.
- Complete Agreement; No Waiver.This Agreement, including all attachments, sets forth the entire understanding of savecaliforniabusiness.com and User and supersedes all prior agreements and understandings relating hereto, unless otherwise stated in this Agreement. The waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
- Amendment.User shall be given at least thirty (30) days prior written notice of the effective date of an amendment to this Agreement, including as a result of any changes to the savecaliforiabusiness.com Bylaws, terms and conditions, or P&Ps, which is adopted in accordance with the Bylaws and that directly and materially affects any of the rights or obligations applicable to User/subscriber hereunder (each of the foregoing, an “Amendment”). If User does not agree to any such Amendment to this Agreement that was approved in accordance with the Bylaws, then User shall provide written notice to savecaliforniabusiness.com of such disagreement prior to the end of the 30-day notice period. If the parties are not able to reach a mutually acceptable accommodation (for example, the parties agree to a phase-in of the Amendment, Savecaliforniabusiness.com determines to withdraw, suspend or modify the Amendment, or savecaliforniabusiness.com grants User a waiver or variance), this Agreement and User’s Usership in savecaliforniabusiness.com shall terminate automatically upon expiration of the 30-day notice period, unless User elects to withdraw by written notice on an earlier date. Amendments shall be prospective only unless otherwise agreed to by the User and savecaliforniabusiness.com.
- No Rule of Strict Construction.Regardless of which party may have drafted this Agreement, no rule of strict construction shall be applied against either party. If any provision of this Agreement is determined by a court to be unenforceable, the parties shall deem the provision to be modified to the extent necessary to allow it to be enforced to the extent permitted by law, or if it cannot be modified, the provision will be severed and deleted from this Agreement, and the remainder of this Agreement will continue in effect.
- Counterparts.This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but collectively shall constitute one and the same instrument.
- Compliance with Laws.Anything contained in this Agreement to the contrary notwithstanding, the obligations of savecaliforniabusiness.com and User shall be subject to all laws, present and future, of any government having jurisdiction over savecaliforniabusiness.com and User including, without limitation, all export and re-export laws and regulations. It is the intention of savecaliforniabusiness.com and User that this Agreement and all referenced documents shall comply with all applicable laws and regulations.
- Taxes.User agrees and understands that all Users/subscribers are solely and fully responsible for collecting, filing, and paying, any and all appropriate authorities any taxes required by Law or Ordinance.
- Headings.Savecaliforniabusiness.com and User acknowledge that the headings to the sections hereof are for reference purposes only and shall not be used in the interpretation of this Agreement.
- Assignment.User may not assign its rights or obligations under this Agreement without the prior written consent of savecaliforniabusiness.com or as otherwise set forth in the Bylaws. For purposes of this Agreement, an assignment shall be deemed to include a transfer or sale of all or substantially all the business of User, or a merger, consolidation or other transaction that results in a change in control of User.
- Force Majeure.Neither savecaliforniabusiness.com nor User shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder due to strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.
- Logos and Names.You grant savecaliforniabusiness.com the right to use your organization’s name and logo on the savecaliforniabusiness.com website and on related marketing materials, solely to indicate your participation in savecaliforniabusiness.com. As long as you remain a User in good standing, you may use savecaliforniabusiness.com’ name and logo, in the format and with the notices provided or requested by savecaliforniabusiness.com, solely to indicate your participation in savecaliforniabusiness.com.
Other Restrictions: You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any form of duplicative or unsolicited messages, whether commercial or otherwise; (c) collect, or assemble information or data regarding other users, including email addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies, or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
Unauthorized uses of the Site — Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following:
- Any use of the Site or the tools and services on the Site for the purpose of booking or soliciting a rental of a property other than a property listed under a valid Usership subscription
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever other than for the intent and purpose of promoting and driving users to support/engage with, and other business owners to support/engage with, the SaveFloridBusiness.com website in a positive manner.
- Reproduce any portion of the Site on your website or otherwise, using any device including, but not limited to, use of a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Deep link to any portion of the Site without our express written permission,
- Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
- Reverse engineer any part of the Site;
- Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
- Use the Site and its inquiry or booking functionality other than to advertise and/ or research vacation rentals, to make legitimate inquiries to our Users or any other use expressly authorized on the Site;
- Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic, or profane material;
- Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights; or
- Use or access the Site in any way, in our sole discretion, that adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site
Disclaimers. In no event shall we be liable to you or any third party for any losses or damages whatsoever rising from or relating to the purchases, listings, or reviews, or your interaction with any managers, guests, or other users. savecaliforniabusiness.com’s sole role is to facilitate the availability of the Site and Services. savecaliforniabusiness.com is not a representative, agent, contracting agent, or insurer of any owner, manager or guest. While users are required under this agreement to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity or any business listing. If a dispute between you and any user (including regarding a listing), savecaliforniabusiness.com is under no obligation to you. A user should make whatever investigation they feel necessary or appropriate before processing any transaction (including purchase a listing), Your interactions with other users (including a purchase or listing) and the term governing such interactions (including the listing terms) are solely between you and such user, the Managers/owners/Users, and or subscribers, not savecaliforniabusiness.com, User listing Users are solely responsible for honoring any purchases and making available any such services. You agree that savecaliforniabusiness.com will not be responsible for any loss or damages incurred or be a party to such.
Limitation of Liability. If you are dissatisfied with the Site, you do not agree with any part of the terms, or have any dispute or claim with or against us, any third party provider or any user of the site with respect to these terms or the Site, then your sole and exclusive remedy against us is to discontinue using the Site.
The website located at www.savecaliforniabusiness.com (the “Site”) is a copyrighted work belonging to Kulture Konnect, Inc.
These organizations are not liable for any gift card related transactions which may take place between the users of this site. This website was provided specifically to help support small, local businesses in the state of California through online marketing.