Last Updated 11/24/2018
The website www.HometownSavvy.com (including any sub-domains) and any related content to it (the “Site”) is a copyrighted work belonging to Dean’s Landing, Inc. dba Savvy Media Co. and it’s affiliated company Metro411, LLC dba Hometown Savvy (“Savvy Media Co.”, ”HTS”, “Hometown Savvy”, “Us”, “Our”, and “We”). The Site provides local resources related to businesses, events, click thru to coupons and savings, things to do and a variety of other local resources for consumers.
By using the Site you hereby represent (without limiting any other terms of this Agreement) that you are:
at least 13 years of age or are otherwise legally eligible to use the site.
That you will not use the Site to post, communicate or place any content which is in violation of our Advertising Standards
1. IMPORTANT DISCLAIMERS. ALL INFORMATION CONTAINED ON THE SITE AND SERVICES IS FOR INFORMATIONAL PURPOSES ONLY AND ANY CONTENT POSTED BY Hometown Savvy ON ANY WEBSITE, MOBILE APPLICATION, SOCIAL MEDIA CHANNEL, THIRD-PARTY CONTENT SERVICE, OR ADVERTISEMENT IS ALSO FOR INFORMATIONAL PURPOSES ONLY. Hometown Savvy DOES NOT ENDORSE, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, STATEMENT, OR OTHER INFORMATION MADE ON THE SITE OR SERVICES, INCLUDING USER CONTENT AND THIRD PARTY MATERIALS (EACH AS DEFINED BELOW). Hometown Savvy IS NOT RESPONSIBLE FOR YOUR RELATIONSHIP WITH ANY BUSINESSES, NON-PROFIT, MERCHANT OR OTHER USERS OF THE SITE OR SERVICES. Hometown Savvy IS NOT OBLIGATED TO SCREEN THESE USERS WHO POST CONTENT ON OUR SITE OR TO DETERMINE WHETHER THEY ARE QUALIFIED OR AUTHORIZED BY LAW TO PROVIDE THEIR SERVICES OR TO DETERMINE THE ACCURACY OF THE INFORMATION THEY PROVIDE.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY IN SECTIONS 8 AND 9 OR ELSEWHERE IN THIS AGREEMENT.
2.1 Account Creation. In order to use certain features of the Site and Services, You must register for an account with Hometown Savvy (“Visitor Account” or “Merchant Account”) and provide certain information about yourself or your business (“You” or “Your”) as prompted by the Site registration form. You represent and warrant that: (a) all required registration information You submit is truthful and accurate; and (b) You will maintain the accuracy of such information. You may not create more than one Visitor or Merchant Account. You may delete Your Account at any time, for any reason, by following the instructions on the Site or contacting to do so for you. Hometown Savvy may suspend or terminate Your Account in accordance with Section 10.
2.2 Account Responsibilities. You are responsible for maintaining the confidentiality of Your Account login information and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Hometown Savvy of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. Hometown Savvy cannot and will not be liable for any loss or damage arising from Your failure to comply with the above requirements.
3. SITE AND MOBILE APP
3.1 License. Subject to the terms of this Agreement, Hometown Savvy grants You a non-transferable, non-exclusive, license to use the Site and Services for Your personal, noncommercial use. Subject to the terms of this Agreement, Hometown Savvy grants You a non-transferable, non-exclusive, license to install and use the software Hometown Savvy makes available for mobile devices (“Mobile App”), in executable object code format only, solely on Your own handheld mobile device and for Your personal, noncommercial use. As used in this Agreement, the term “Services” includes the Mobile App.
3.2 Certain Restrictions. The rights granted to You in this Agreement are subject to the following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) You shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
3.3 Modification. Hometown Savvy reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Hometown Savvy will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof.
3.4 Ownership. Excluding Your User Content (defined below in Section 4), You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Hometown Savvy or Our licensors. The provision of the Site and Services does not transfer to You or any third party any rights, title or interest in or to such intellectual property rights. Hometown Savvy and its suppliers reserve all rights not granted in this Agreement.
3.5 App Platforms. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party app platform from which You received the Mobile App, e.g., the Apple App Store® (“App Platform”). You acknowledge that this Agreement is between You and Hometown Savvy and not with the App Platform. Hometown Savvy, not the App Platform, is solely responsible for the App, the content thereof, maintenance, support Services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Platform in connection with the Mobile App. Each App Platform may have its own terms and conditions to which You must agree before downloading the Mobile App from it. You agree to comply with, and Your license to use the Mobile App is conditioned upon Your compliance with, all applicable agreements, terms and conditions of use/service, and other policies of the applicable App Platform. You acknowledge that the App Platform (and its subsidiaries) is a third-party beneficiary of this Agreement and will have the right to enforce this Agreement. See Accessing and Downloading the Application from Apple® in Section 12.5 below for additional terms and conditions if You access or download the Mobile App from the Apple App Store.
4. USER CONTENT
4.1 User Content. “User Content” means any and all information and content that a user (You, any End User and/or Merchants) submits to, or uses with, the Site or Services, including without limitation, content in the user’s profile, user reviews and/or postings. You acknowledge and agree that Hometown Savvy is not responsible for any User Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Hometown Savvy does not assume and will not have any liability or responsibility to You or any other person or user for Your use or misuse of any User Content.
4.2 User Content – Your Responsibilities. You are solely responsible for Your User Content. You assume all risks associated with use of Your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your User Content that makes You or any third party personally identifiable. You hereby represent and warrant that Your User Content does not violate the Acceptable Use Policy (defined below in Section 5). You may not state or imply that Your User Content is in any way provided, sponsored or endorsed by Hometown Savvy Because You alone are responsible for Your User Content, You may expose yourself to liability if, for example, Your User Content violates the Acceptable Use Policy. Hometown Savvy is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of Your User Content if You desire.
4.3 License. You hereby grant, and You represent and warrant that You have the right to grant, to Hometown Savvy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including Your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights, attribution or other assertions with respect to Your User Content.
4.4 Feedback. If You provide Hometown Savvy any feedback or suggestions regarding the Site or Services (“Suggestions”), You hereby assign to Hometown Savvy all rights in the Suggestions and agree that Hometown Savvy shall have the right to use such Suggestions and related information in any manner it deems appropriate. Hometown Savvy will treat any Suggestions You provide to Hometown Savvy as non-confidential and non-proprietary. You agree that You will not submit to Hometown Savvy any information or ideas that You consider to be confidential or proprietary.
5. ACCEPTABLE USE POLICY. The following sets forth Hometown Savvy’s “Acceptable Use Policy”:
5.1 General Restrictions. You agree not to use the Site, Services, or any of Hometown Savvy ‘s social media pages or channels to collect, upload, transmit, display, or distribute 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, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm 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 law, regulation, or obligations or restrictions imposed by any third party.
5.2 Reviews. You agree not to post reviews on the Site, Services, or any of Hometown Savvy’s social media pages or channels that are not based upon Your personal experience or are otherwise designed for any purpose other than providing other users on the Site with an accurate description of Your personal experience. Reviews based on secondhand, non-personal experience are not allowed. In addition to the other restrictions contained in the Acceptable Use Policy, reviews posted on the Site, Services, or any of Hometown Savvy’s social media pages or channels must not: (a) be written exclusively in capital letters, (b) be plagiarized, (c) contain spam or advertisements, (d) contain personally identifying information about any Dispensary employees or any other person, (e) contain overly detailed or sexual descriptions of an individual’s physical appearance, or lewd personal attacks against a specific individual or group of individuals affiliated with the Dispensary, (f) contain references to Dispensaries or competitors other than the product or Dispensary being reviewed, or (g) contain unrelated personal grievances. If You are an owner, volunteer, or employee of a Dispensary You may not post reviews about Your Dispensary or products or about Your competitors’ Dispensary or products.
5.3 Photos. Image files must exclusively feature the products they illustrate and must not include body parts, messy or cluttered backgrounds, product wrapping, currency, paraphernalia, brand names, or other any objects other than the product itself. Image files must be clear and must not be blurry, fuzzy, or contain any flash reflections. Products should be centered in the image file. Image files must contain an accurate depiction of the product they illustrate. Image files cannot contain pornography or other graphic images and must otherwise abide by the guidelines set forth in this Section 5 or elsewhere in these Terms as applicable.
5.4 Technological Restrictions. In addition, 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 other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail 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 or impersonate another user or Hometown Savvy or 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 use and enjoyment of the Site or Services; or (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.
5.5 Monitoring, Suspension, and Termination. We reserve the right (but have no obligation) to review any User Content (including any image files or reviews), investigate, and/or take appropriate action against You in Our sole discretion (including removing or modifying Your User Content, terminating Your Visitor Account in accordance with Section 10, and/or reporting You to law enforcement authorities) if We in Our sole discretion suspect that You have violated the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for Us or any other person.
6. INDEMNITY. You agree to defend, indemnify and hold Hometown Savvy (and its officers, members, employees, and agents) harmless from any and all losses, damages, liabilities, claims, actions, judgments, awards, penalties, fines, costs and expenses (including reasonably attorneys’ fees) arising from or relating to any claim or demand made by any third party due to, related to or arising out of (i) Your use or misuse of the Site or Services, (ii) Your User Content, (iii) Your violation of this Agreement; or (iv) Your violation of applicable laws or regulations. Hometown Savvy reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with Our defense of these claims. You agree not to settle any matter which is the subject of this indemnity agreement/provision, without the prior written consent of Hometown Savvy. Hometown Savvy will use reasonable efforts to notify You of any such claim, action or proceeding upon becoming aware of it.
7. THIRD PARTY MATERIALS; DEALS; OTHER USERS; RELEASE
7.1 Third-Party Materials. The Site or Services might display, include or make available third-party content (including data, information, articles applications or other products, services and/or materials) or contain links to third party websites, or promote goods, services, savings and advertisements for third parties such as, but not limited to, Deals (defined below section 7.2) or other information (collectively, “Third-Party Materials”). You acknowledge and agree that Hometown Savvy is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Hometown Savvy does not assume and will not have any liability or responsibility to You or any other person or user for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You and Your access and use of them is entirely at Your own risk. When You link to a Third-Party Material, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Material.
7.2 Deals. The Site or Services might display, include or make available coupons, limited time promotional product or service price points (offered through both the Sites Deal or Classifieds/Product Modules), promotional codes, giveaways, samples, and other offers from listed dispensaries, vendors, product suppliers, service providers and/or other users (collectively, “Deals”). Deals constitute “Third-Party Materials” under this Agreement. Hometown Savvy displays these Deals on the Site and Services as a form of advertisement for the listing dispensary or other Third-Party posting the Deals (the “Offeror”) only. All Deals are offered directly by the applicable Offeror, and may be subject to additional terms, conditions, or restrictions of the Offeror or under applicable law, whether or not such additional terms, conditions or restrictions are expressly included Deals or on the Site or Services. The Offeror, and not Hometown Savvy, is solely responsible for: (a) redemption of the Deals; (b) compliance of all aspects of the Deals with applicable law (including without limit, the advertisement and its contents, redemption of the promotion and its expiration dates as well as the terms, conditions and restrictions related thereto); (c) all goods and services it provides to You in connection with the Deals; and (d) all injuries, illnesses, damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of Deals or not.
7.3 Other Users. Each user of the Site or Services is solely responsible for any and all of its User Content. Because We do not control User Content, You acknowledge and agree that We are not responsible for any User Content and We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and We assume no responsibility for any User Content. Your interactions with other Site or Service and any of the Site users (including Dispensaries) are solely between You and such user. You agree that Hometown Savvy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between You and any Site or Service third-party user, We are under no obligation to become involved.
7.4 Release. You hereby release and forever discharge Hometown Savvy (and Our officers, members, employees, agents, successors, and assigns) from, and hereby waive and relinquish Your rights with respect to, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third-Party Materials.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SITE AND SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Hometown Savvy (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS OR FOR ANY SPECIFIC DURATION OR AMOUNT OF TIME; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9. LIMITATION ON LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMETOWN SAVVY (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOMETOWN SAVVY’S (AND OUR SUPPLIERS’) TOTAL LIABILITY TO YOU FOR ANY AND ALL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Hometown Savvy IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while You use the Site or Services. We may (a) suspend Your rights to use the Site and/or Services (including Your Visitor Account) or (b) terminate this Agreement, at any time for any reason at Our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, Your Hometown Savvy Account and right to access and use the Site and Services will terminate immediately. You understand that any termination of Your Hometown Savvy Account involves deletion of Your User Content associated therewith from Our Site, Services, and live databases. Hometown Savvy will not have any liability whatsoever to You for any termination of this Agreement, including for termination of Your Visitor Account or deletion of Your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 3.2-3.4, 4.3, 12.4.
11. COPYRIGHT POLICY. Hometown Savvy respects the intellectual property of others and asks that users of Our Site and Services do the same. In connection with the Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Site and Services who are repeat infringers of intellectual property rights, including copyrights. If You believe that one of the Site users is, through the use of the Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to Our designated Copyright Agent:
11.1 Your physical or electronic signature;
11.2 identification of the copyrighted work(s) that You claim to have been infringed;
11.3 identification of the material on Our Services that You claim is infringing and that You request Us to remove;
11.4 sufficient information to permit Us to locate such material;
11.5 Your address, telephone number, and e-mail address;
11.6 a statement that You have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
11.7 a statement that the information in the notification is accurate, and under penalty of perjury, that You are either the owner of the copyright that has allegedly been infringed or that You are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by Us in connection with the written notification and allegation of copyright infringement.
The Designated Copyright Agent for Hometown Savvy, is:
Hometown Savvy, Attn: Copyright Review, 1863 Pioneer Pkwy E #603, Springfield, OR 97477
Toll Free: 844-519-1772 | Telephone: 541-246-3224 | Fax: 866-863-4302
12.1 No Support or Maintenance. You acknowledge and agree that Hometown Savvy will have no obligation to provide You with any support or maintenance in connection with the Site or Services.
12.3 ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE. Except for disputes brought in small claims court, all disputes between You and Hometown Savvy arising out of, relating to or in connection with the Site or Services shall be exclusively settled through binding arbitration pursuant to the then-current rules of the Arbitration Service of Portland, Inc. (“ASP”) for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND HOMETOWN SAVVY AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in this Agreement to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, neither You or Hometown Savvy are entitled to arbitration. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction in Lane County, Oregon. Notwithstanding any provision in this Agreement to the contrary, We agree that if Hometown Savvy makes any future change to this dispute resolution provision, it will not apply to any individual claim(s) that You had already provided notice of to Hometown Savvy Information on ASP and how to start arbitration can be found at www.adr.org or by calling 800-778-7879. If this arbitration provision is found unenforceable or to not apply for a given dispute, then the proceeding related to that dispute must be brought exclusively in a court of competent jurisdiction in Lane County, Oregon. You hereby accept the exclusive jurisdiction of such court for this purpose. This Agreement is governed by the laws of the State of Oregon without regard to conflict of law provisions.
12.4 Copyright/Trademark Information. Hometown Savvy; the Hometown Savvy owned logo(s) (“Marks”) are trademarks of Hometown Savvy You acknowledge and agree that You are not permitted to use these Marks, without prior written consent from Hometown Savvy Additionally, you must gain written permission from a third party owner to use that third party’s mark and must provide evidence of such permission to Us. You also hereby agree not to use any copyrightable subject matter without prior written consent from Hometown Savvy
12.5 Accessing and Downloading the Application from Apple. The following additional terms apply to any Mobile App accessed through or downloaded from the iTunes Store® or the App Store (“App Store Sourced Mobile App”):
(a) You acknowledge and agree that (i) this Agreement is concluded between You and Hometown Savvy only, and not Apple, and (ii) that Hometown Savvy, not Apple, is solely responsible for the App Store Sourced Mobile App and content thereof. The license granted to You in the Agreement to use the App Store Sourced Mobile App and Service is a non-transferable right to use the App Store Sourced Mobile App on any Apple Device that You own or control, and only as permitted by the Usage Rules set forth in the App Store Terms of Service.
(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Mobile App.
(c) In the event of any failure of the App Store Sourced Mobile App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App Store Sourced Mobile App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Mobile App. As between Hometown Savvy and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Hometown Savvy.
(d) You and Hometown Savvy acknowledge that, as between Hometown Savvy and Apple, Apple is not responsible for addressing any claims You have or any claims of any third-party relating to the App Store Sourced Mobile App or Your possession and use of the App Store Sourced Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and Hometown Savvy acknowledge that, in the event of any third-party claim that the App Store Sourced Mobile App or Your possession and use of that App Store Sourced Mobile App infringes that third-party’s intellectual property rights, as between Hometown Savvy and Apple, Hometown Savvy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
(f) You and Hometown Savvy acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to Your license of the App Store Sourced Mobile App, and that, upon Your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to Your license of the App Store Sourced Mobile App against You as a third-party beneficiary thereof.
(g) You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Without limiting any other terms of the Terms, You must comply with all applicable third-party terms of agreement when using the App Store Sourced Mobile App.
This Agreement constitutes the entire agreement between You and Us regarding the use of the Site and Services.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision, nor shall any single or partial exercise by Hometown Savvy of any right or power hereunder preclude further exercise of that or any other right hereunder.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word “including” means “including without limitation.”
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Nothing contained herein shall be construed to establish an employment, partnership, agency or joint venture relationship between You and Hometown Savvy.
This Agreement, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Hometown Savvy’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
12.7 Hometown Savvy Contact Information:
Hometown Savvy, 1863 Pioneer Pkwy E #603, Springfield, OR 97477
Toll Free: 844-519-1772 | Telephone: 541-246-3224 | Fax: 866-863-4302