Terms & Conditions.
Terms & Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY – THEY CONTAIN AN AGREEMENT TO ARBITRATE DISPUTES AND A CLASS ACTION WAIVER
Legal Information
Terms of Use For This Website
Your access and use of this web site (“Site”) is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use the Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. SaviLinx, and its parents, affiliates, and subsidiaries that link to this page (“SaviLinx”) reserves the right to change these Terms and Conditions without notice. Your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.
Use of Site/Copyright Notice
SaviLinx owns or licenses all materials on this Site (“Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other web site or networked computer environment for any purpose is prohibited.
Links to Other Websites
Links to other web sites are provided solely as a convenience to you. SaviLinx does not endorse such sites and is not responsible for their content. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.
Site Information and Disclaimer
SITE INFORMATION REGARDING SAVILINX PRODUCTS AND SERVICES, INCLUDING THEIR AVAILABILITY, APPEARANCE, PRICE AND SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. SUCH INFORMATION SHALL NOT CONSTITUTE A REPRESENTATION, WARRANTY OR OTHER COMMITMENT BY SAVILINX WITH RESPECT TO ANY PRODUCT OR SERVICE AND SAVILINX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY FOR ANY PURPOSE OR COMPLETENESS THEREOF.
IN NO EVENT SHALL SAVILINX, ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS SITE.
This web site may contain forward-looking statements and information relating to SaviLinx that are based on our beliefs as well as assumptions made by and information currently available to us. The words “anticipate,” “believe,” “estimate,” “expect,” “intend,” “will,” and similar expressions, as they relate to us, are intended to identify forward-looking statements. Actual results could differ materially from those projected in such forward-looking statements.
Limitation of Liability
IN NO EVENT SHALL SAVILINX, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT SAVILINX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with SaviLinx unless you opt out as described below and limits the manner in which you can seek relief from us.
(a) Applicability of Arbitration Agreement
You agree that any dispute or claim relating in any way to your access or use of the Site, SaviLinx’s marketing or advertising practices, to the collection of information on the Site, to the sharing of information collected on the Site, or to any aspect of your consumer relationship with SaviLinx, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, nonrepresentative) basis; and (2) you or SaviLinx may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose, accrued, or were asserted before the effective date of this Arbitration Agreement or any prior version of this Arbitration Agreement.
IF YOU AGREE TO ARBITRATION WITH SAVILINX, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST SAVILINX ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST SAVILINX ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
(b) Informal Negotiation, Initiating Arbitration, Arbitration Rules and Forum
The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Before initiating an arbitration proceeding, the parties agree to first attempt to negotiate any dispute in good faith (except any dispute expressly exempted by this Arbitration Agreement) informally for at least thirty (30) days – to initiate negotiations, you must send a letter describing your claim and the relief sought to SaviLinx at getsavi@savilinx.com. If the parties are unable to resolve a dispute through negotiations, the dispute shall be resolved by binding arbitration. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Consumer Arbitration Rules (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the applicable AAA rules. If AAA is not available to arbitrate, the parties will select an alternative arbitral forum.
The place and manner of the arbitration shall be governed by AAA’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
(c) Authority of Arbitrator
The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SaviLinx. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
(d) Waiver of Jury Trial
YOU AND SAVILINX HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SaviLinx are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
(e) Waiver of Class or Consolidated Actions
YOU AND SAVILINX AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court.
If more than 100 arbitration demands are filed against SaviLinx relating to substantially the same conduct or underlying facts by individuals who followed the procedures set forth in Section (b) and are represented by the same counsel or coordinated counsel, SaviLinx has the right to opt out of this Arbitration Agreement and to have the matter heard in Federal or State court in the State of Maine.
(f) 30-Day Right to Opt Out
You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following email address within thirty (30) days after first becoming subject to this Arbitration Agreement: getsavi@savilinx.com. Your notice must include your name, address, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
(g) Severability
Subject to Section (e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
(h) Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with SaviLinx.
Applicable Laws
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to any principles of conflicts law. You further agree to indemnify, defend and hold harmless SaviLinx and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Site. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.
SaviLinx makes no representation that Materials, Software, products or services on this Site are available outside of the United States. You may not use, export or re-export the Materials, Software, products or services on this Site in violation of any applicable laws or regulations, including without limitation, United States export laws and regulations.
Trademarks
SaviLinx trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including, but not limited to SaviLinx®, are trademarks of SaviLinx in the U.S. and/or other countries.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SaviLinx or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that SaviLinx will aggressively enforce its intellectual property rights to the fullest extent of the law.
SMS communications
Opt-In Consent:
By opting in to receive SMS messages you agree you are providing prior express written consent to receive marketing text messages from SaviLinx LLC, or on its behalf, related to job opportunities, recruiting, and/or SaviLinx’s services including via automatic telephone dialing system, SMS, and artificial and/or prerecorded voice messages, at the telephone number you provide even if your number is on a federal, state, or company Do-Not-Call list. You acknowledge that your consent is not required to obtain any good or service.
Message Frequency and Data Rates:
Message frequency may vary. Standard message and data rates may apply depending on your mobile carrier plan.
Opt-Out Instructions:
You may opt out of receiving SMS messages at any time by replying “STOP” to any message. Alternatively, you can call us at 207-607-4433 to request removal from our SMS list.
Help and Support:
For assistance, reply “HELP” to any message or contact us at 207-607-4433.
Data Privacy and Sharing:
Mobile opt-in data and consent will not be shared with third parties for marketing or promotional purposes. Your information is used solely for the purposes stated above and is protected in accordance with our broader Privacy Policy.