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User Agreement

This page contains the User Agreement ("Agreement") between you and Savenia LLC. ("Savenia"), the publisher of this Savenia Labs Web site (the "Site"). The term "Site" as it is used in this Agreement also includes any wireless device optimized version of the Savenia Labs Web site.

In this Agreement, "you" and "your" refer to each user of the Site.

This Agreement sets forth the terms and conditions for your use of the Site. Your use of the Site constitutes your agreement to these terms and conditions..

Your Rights
SAVENIA grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided thereon, and to download or print content displayed on our Site provided that you comply fully with this Agreement. The contents of the Site are only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site or any part of it in any way.
Service Charges and Payment
SAVENIA may charge you fees for certain services offered for sale through our Site. Certain Site services are available only through the purchase of a subscription ("Subscription-Based Services") or other type of paid access. Some Subscription-Based Services, at your option, may be billed daily, monthly or once annually. You agree to pay, using a valid payment method which SAVENIA accepts, all fees and charges, including applicable taxes, you have incurred through your account, including the daily, monthly or annual subscription charges to access the Subscription-Based Services. SAVENIA reserves the right to increase fees and surcharges, including fees for Subscription-Based Services, or to institute new fees at any time, upon reasonable notice posted in advance on this Site or sent to you based on contact information you provide. Notwithstanding the foregoing, if you purchase a Subscription-Based Service on an annual basis, your rate remains in effect throughout the subscription year, and is subject to increase only for subsequent subscription years. If you purchase a Subscription-Based Service on a monthly basis, the rate for that Subscription-Based Service is subject to change at any time for subsequent months, effective upon prior notice to you. You may cancel your subscription Site services at any time subject to the following terms:

If you purchase a monthly Subscription-Based Service, which is billed monthly, you may cancel at any time by contacting Savenia. Partial months will not be refunded. Upon cancellation, your access to an online Subscription-Based Service will terminate on the next monthly anniversary of your subscription date. For example, if you subscribed on December 15 and cancel on December 28, your access will terminate on January 14.

In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Site, including the Subscription-Based Services. For purposes of identification and billing, you agree to provide SAVENIA with accurate, complete, and updated information required when purchasing a service on our Site, including registering for a Subscription-Based Service ("Registration Data"). Registration Data may include your name, address, telephone number(s), email address and applicable payment method or payment service data (e.g., payment card number and expiration date). You may check your Account page to determine whether your Registration Data is up to date and accurate. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at SAVENIA's option, result in immediate suspension or termination of your right to use our Site, including the Subscription-Based Services.

You agree to promptly update your Registration Data in your Account page if you know of or suspect unauthorized use of your Subscription-Based Service or other Site service, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment card information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your payment method expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription-Based Service or other Site service is subject to use without your authorization, go to your Account page to update your Registration Data or contact info@savenialabs.com.

Copyright and Trademarks
All materials available on the Site, including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the "Content") are owned or controlled by SAVENIA or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. 

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the site, including without limitation our product reviews, for any public and/or commercial use without the prior written permission of SAVENIA.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of SAVENIA or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of SAVENIA or the relevant Affiliate. In addition, you may not use our trademarks:

(a) In, as, or as part of, your own trademarks or those of any third parties;

(b) To identify products or services that are not those of Savenia;

(c) in a manner likely to cause confusion; or

(d) in a manner that implies that Savenia sponsors or endorses or is otherwise connected with your own activities, products, and services or those of third parties.

SAVENIA LABS™ and other related marks used on this Site are registered trademarks of Savenia LLC in the United States and other countries.

Communicating on or to the Site
SAVENIA cannot review all Communications made on or through the Site. However, SAVENIA reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which SAVENIA in its sole discretion deems inappropriate, offensive or contrary to any SAVENIA policy, or that violate this Agreement.

To help SAVENIA maintain a safe and civil environment, you agree not to upload or distribute to, or otherwise publish through the Site any Communication which

(i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;

(ii) is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;

(iii) constitutes or contains false or misleading indications of origin or statements of fact;

(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

(v) causes injury of any kind to any person or entity;

(vi) infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;

(vii) violates any applicable laws, rules, or regulations;

(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(ix) impersonates another person or entity, or that collects or uses any information about Site visitors.

You further acknowledge that conduct prohibited in connection with your use of the Site includes, but is not limited to, breaching or attempting to breach the security of the Site.
Unsolicited E-Mail
You agree not to use any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by SAVENIA in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
Notice of Copyright Infringement
We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3), and procedures described below.

You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to Savenia Labs, 4825 Cordell Avenue Suite 201, Bethesda, MD 20814. 

To comply with the Copyright Act, your Notice must be in writing and must include:

(i) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(v) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly.
Your password
As part of the registration process for Subscription-Based Services and certain other features, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Subscription-Based Services and other products and features, and agree that SAVENIA will have no obligations with regard thereto.
Information Provided
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Reviews, is at your sole risk. SAVENIA reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that SAVENIA is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site or Mobile Services, you are advised to verify pricing and other information. Neither SAVENIA nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site or Mobile Services.
No-Commercial Use Policy
Published information from Savenia Labs, including our Ratings and Reports, is intended solely for the benefit of our subscribers and other consumers, in order to help them make informed choices and decisions about rated products, services, and other matters. Such information may not be used by others in advertising or to promote a company's products or services without our express written permission. In addition, this policy precludes any commercial use of any of Savenia Labs’ published information in any form, or of the names of Savenia LabsTM, or any other of Savenia Labs’ publications or services, without our express written permission.
Links to Other Sites
The Site or the Mobile Services may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by SAVENIA or its Affiliates of any third-party site or any materials contained therein. SAVENIA and its Affiliates do not control, and are not responsible for, the availability, privacy policy, or accuracy of such third-party sites or any information, content, products or services accessible from such third-party sites.
Age Restrictions
You represent and warrant to SAVENIA that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site and/or the Mobile Services in accordance with this Agreement.
Financial Responsibility
You agree not to assign, transfer or sublicense your rights as a subscriber to the Subscription-Based Services. You agree to be financially responsible for all usage or activity on your Subscription-Based Services account.
Indemnification
You hereby agree to indemnify, defend and hold harmless SAVENIA and its Affiliates from and against any and all liability and costs incurred by SAVENIA or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your representations, warranties or obligations set forth in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. SAVENIA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of SAVENIA.
DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SUBSCRIPTION-BASED SERVICES OR OTHER PAID PRODUCTS OR SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) ARE PROVIDED "AS IS" AND "AS AVAILABLE." SAVENIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE SUBSCRIPTION-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SUBSCRIPTION-BASED SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SAVENIA AND ITS AFFILIATES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED), COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

UNDER NO CIRCUMSTANCES SHALL SAVENIA OR ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY THIRD-PARTY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES, SITE SOFTWARE OR SITE CONTENT FOR SAVENIA OR ITS AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY AND/OR DEATH, LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, OR THE SUBSCRIPTION-BASED SERVICES, EVEN IF SAVENIA, ITS AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES, CONTENT OR SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE TOTAL LIABILITY OF SAVENIA AND ITS AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SUBSCRIPTION-BASED SERVICES. YOU HEREBY RELEASE SAVENIA AND ITS AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
Termination
In addition to any other rights of the parties set forth herein, SAVENIA may cancel or terminate this Agreement at any time. SAVENIA also reserves the right to restrict, suspend or terminate your access to the Site and/or the Subscription-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If SAVENIA terminates this Agreement (and therefore your access to the Site) based on a breach of any portion of this Agreement, SAVENIA reserves the right to refuse to provide access to the Site or any Subscription-Based Services to you in the future.
Modifications

(a) To the Agreement. SAVENIA has the right to modify this Agreement and any policies affecting the Site and the Mobile Services. Any modification is effective immediately upon posting to the Site or distribution to you via electronic mail, conventional mail or text messaging. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of SAVENIA in providing the Site, including without limitation:

(i) any change in the Content, or

(ii) any change in the amount or type of fees associated with the Subscription-Based Services purchased through our Site,

is to cancel your subscription in accordance with instructions provided above.

(b) To the Site. SAVENIA has the right to modify, suspend or discontinue the Site, or any portion thereof at any time, including the availability of any area of the Site and the Subscription-Based Services. SAVENIA may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

General
This Agreement constitutes the entire agreement between you and SAVENIA with respect to the Site and, if applicable, your purchase of SAVENIA's services offered through this Site including the Subscription-Based Services, and supersedes all prior agreements between you and SAVENIA. Failure by SAVENIA to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Maryland (excluding its choice of law rules). In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

© 2011 Savenia LLC.

Last updated on September 1, 2011.