Terms of Use

Last revised: April 17, 2024

This system (the “System”) is owned and operated by SavvyPhone, LLC (referred to herein as “SavvyPhone”, “we”, “us” and “our”). Your use of the System is subject to the following terms and conditions.

CONSENT:

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS MOBILE AND WEB SYSTEM (“SYSTEM”). BY VISITING OR USING THIS SYSTEM, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SYSTEM. You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the System and receipt of data, materials and information available at or through the System, the possibility of our use or display of your Submissions (as defined below) and the possibility of the publicity and promotion from our use or display of your Submissions.

ADDITIONAL TERMS:

Note that special terms apply to some services offered on the System, such as subscription-based services, product purchases and rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use. Some of the services offered on the System utilize the Google Maps service. Your use of Google Maps is subject to Google’s terms of use, located at https://www.google.com/intl/en_us/help/terms_maps.html (including the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html).

MODIFICATION; DISCONTINUANCE:

We reserve the right to modify or otherwise update these Terms of Use at any time and you agree to be bound by such modifications, updates and revisions. Any changes will be effective immediately upon posting the revised version of these Terms of Use to the System at (https://www.savvycard.com/terms). Your continued use of the System after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of such changes to these Terms of Use.

During the initial registration, and periodically thereafter, each SavvyCard user may be required to click “Accept” for the Terms of Use thus acknowledging and consenting to its contents. Additionally, any future material revisions to these Terms of Use may require an additional “Accept” prior to re-entry into the System.

You are responsible for regularly reviewing these Terms of Use at (https://www.savvycard.com/terms) to review the current terms. We may change the System or delete Content (as defined below) or features of this System at any time, in any way, for any or no reason at our discretion. We may alter, suspend or discontinue the System at any time to you and/or to others, without notice.

COPYRIGHT:

All information, materials, functions and other content (including Submissions as defined below) provided on this System (collectively “Content”), such as text, graphics, logos, images, button icons, audio recordings, video recordings, data compilations, etc., is our property or the property of our licensors, and is protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. The compilation, collection, arrangement, and assembly of all content on this System are our exclusive property and are protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. All software used on this System is the property of SavvyPhone or its software suppliers and protected by United States and international copyright laws, and other intellectual property laws and protections as applicable. Except as stated herein or as otherwise provided in an express authorization from us, no material from the System may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this System is strictly prohibited. ©2010-2024 SavvyPhone, LLC. All rights reserved.

SavvyPhone does not assert copyright or grant any rights to the images or descriptions of real estate listings provided through the System. Any use of these images and descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law.

INTELLECTUAL PROPERTY:

SavvyPhone, SavvyCard, RE-Target, SellerShare, Share & Text, SavvyDecks, SavvySchool, and Send To Mobile are registered trademarks and/or trademarks of SavvyPhone in the United States and/or other countries. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively "Trademarks") used and displayed on this System are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this System should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the System. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or any third parties, or in any manner that disparages or discredits us. You may not use any of SavvyPhone’s trademarks as part of your User Account name or email address on the System. All other trademarks not owned by SavvyPhone that appear on this System are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SavvyPhone.

One or more patents apply to this System and to the features and services accessible via the System, including without limitation: U.S. Patent No. 9,625,344 and all corresponding foreign counterparts.

USE OF SYSTEM AND CONTENT:

This System, upon registration (also known as “subscribing”) currently provides Subscribers various services and functionally, such as the ability to create, view, maintain and share personal information through a “SavvyCard” (which is created and delivered through our proprietary systems such as SavvyDecks, CardBuilder, CardFinder, etc.); various reference and communications tools, (newsletters, blogs etc.); and forums, shopping services, and personalized content (collectively referred to as the “Services”). Although the subscription to this system is free, several Services offered by SavvyPhone are provided for an additional fee. You also understand and agree that the Service may include sponsorships or advertisements. Unless explicitly stated otherwise, any new features that augment the current Service, including the release of new services, shall be subject to these Terms of Use.

You are responsible for obtaining access to the Service and you acknowledge that access may involve third party fees (such as Mobile or Internet service provider, data packages, text packages or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

We grant you a limited, revocable, non-exclusive license to access and make personal use of the System and the Content, subject to these Terms of Use. This license does not include any resale or commercial use of this System or its contents; any derivative use of this System or its contents; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this System nor any portion of this System or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any private, non-profit, or commercial purpose that is not expressly permitted by us in writing, except that where the System is configured to enable the download of particular Content, you may download Content to computers, Internet enabled cellular phones or tablet devices for your personal, noncommercial use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests. As a limited exception, publicly available search engines may query the System and provide links to the System’s web pages only to the extent such unlicensed “fair use” is allowed by applicable copyright law.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SavvyPhone without express written consent. You may not use any meta tags or any other “hidden text” utilizing SavvyPhone’s name or trademarks without the express written consent of SavvyPhone. Any unauthorized use terminates the permission or license granted by SavvyPhone. Only by clicking “Accept” for this Terms of Use and our Privacy Policy are you are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SavvyCard® or other Internet Sites owned by SavvyPhone so long as the link does not portray SavvyPhone or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SavvyPhone logo or other proprietary graphic or trademark as part of the link without express written permission.

In the event that we offer downloads of software or other content (such as native or non-native applications) from this System and you download such software or other content, the software or other content, including any files, images incorporated in or generated by the software or other content, and data accompanying the software (collectively the “Software”) are licensed to you by us or third party licensors for your personal, non-commercial use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

REAL ESTATE SERVICES:

SavvyPhone is not a licensed real estate broker and does not broker real estate transactions. SavvyPhone does not act as a real estate agent for you or any other user. SavvyPhone does not buy, sell, or negotiate the purchase, sale, or exchange of real estate. SavvyPhone does not rent or lease, offer to rent or lease, or negotiate the lease of real estate or otherwise aid or assist in the lease of real estate.

SavvyPhone is not a mortgage broker, loan originator, loan processor, lender or underwriter. SavvyPhone does not aid or assist borrowers in obtaining loans.

As a consumer, you agree to use the Services for your personal use. Acting in their professional capacity, the commercial use of the Services by real estate agents, lending professionals and other companies providing home services, is limited to providing information to consumer clients via the Services or where authorized, taking actions on behalf of a consumer client.

As a consumer, if you choose to contact one of these professionals or companies through the Services, you authorize SavvyPhone to provide your name, contact information and other identifying information you provide to the professional or company you have chosen. You acknowledge that by submitting your contact request through the Services, you may receive telemarketing calls from or on behalf of the professional or company you have chosen at the telephone number(s) you provided, even if you are listed on a federal, state, provincial or other applicable “Do Not Call” list. The Services may provide phone numbers that can connect you with SavvyPhone, its service providers or other third parties, such as real estate agents and companies offering home services. Some of these phone numbers may be provided by a third party service (“Calling Service”). Calls through the Calling Service may be recorded or monitored for quality assurance and customer service purposes. Should you make a call to SavvyPhone or through a Calling Service, you consent to such recording and monitoring. Calls to SavvyPhone that are recorded will be treated in accordance with its Privacy Policy.

HOME SERVICES DIRECTORIES:

SavvyPhone operates and manages programs (“Find Services”) for its partners (Real Estate Associations, Real Estate Brokerages, Multiple Listing Services (MLSs)). Find Services programs include directories of professionals and companies (“Service Providers”) providing Home Services. You can search these directories for Service Providers who provide the services you are looking for. We do not guarantee that there will be specific Service Providers in your area, or that they will be capable or willing to provide the services you are looking for. Other users of the System may also refer Service Providers to you, either at your request, or because of your status as a home owner, home buyer or home seller.

The System allows Service Providers to post content about themselves and their business. We do not review or verify the information or representations contained in such content, except as expressly detailed below (“Service Provider Screening”). We therefore make no representations or warranties regarding any content posted by a Service Provider, and assume no liability for such content.

The System allows other users of the System to post content (Testimonials, Reviews, Ratings) reflecting their opinions of specific Service Providers. Such content does not reflect or represent the opinions or representations of SavvyPhone. SavvyPhone does not endorse such content and disclaims any and all representations or warranties with regard to such content. You represent and warrant that any such content provided by you is accurate and truthful, and is for a Service Provider that has performed services for you.

The System and our Messaging Services provide content relating to home services (home maintenance, repair, improvement). Such content is provided “As-Is”, without any representations or warranties and you assume all liability and responsibility for your use of such content. You understand and agree that such content does not provide advice and is no substitute for the advice of a professional.

The System and our Messaging Services may inform you of a Service Provider’s offers and discounts. Such offers and discounts are made solely by the Service Provider and we do not warrant or guarantee discounts or pricing a Service Provider may offer you. Any estimates or quotes provided to you by Service Providers via the System are for informational purposes only, and are not contractually binding offers. To contract with a Service Provider, you must work directly with a Service Provider.

Disclosure: SavvyPhone receives advertising and related fees from the Service Providers who are listed in the Find Services programs and directories. You of course are free to shop around and use any provider you like.

Service Provider Screening. Using information provided to us by the Service Provider (e.g., Name of Company or Owner, Federal Tax ID, details of applicable licenses), SavvyPhone performs screening at the time the Service Provider applies for inclusion in one or more Home Services Directories. The screening criteria and procedure may change from time to time at the sole discretion of SavvyPhone. Where applicable, the screening criteria used are:

• Full license check or a statement from the Service Provider that one is not required for the services they perform.
• Check Service Provider’s Better Business Bureau (BBB) Rating and obtain a copy of any records.
• Check for any significant state-level civil judgements entered against the Service Provider, e.g., bankruptcy and liens.

While we attempt to maintain accurate and up to date information and confirm changes when notified, we do not represent or warrant that the screening information which includes information from government agencies (federal, provincial, state) and third-party sources is up to date, accurate or error free. Depending upon your local authorities or the type of work being performed, there may be additional licensing requirements. We recommend that before working with a Service Provider you verify that they (and their sub-contractors, if any) carry all the appropriate licensing.

SAVVYPHONE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING CRITERIA OR PROCEDURE, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING CRITERIA OR PROCEDURE ARE SUFFICIENT.

SavvyPhone does not recommend or endorse any particular Service Provider. We make no representations or warranties of any kind, express or implied, about the skills, reliability, quality, or performance, for any purpose, of any of the Service Providers. It is entirely up to you to evaluate a Service Provider’s qualifications and decide whether to enter into a direct contract with them. The Service Providers are not employees or agents of SavvyPhone, nor is SavvyPhone an agent of the Service Providers.

Should you have a dispute with a Service Provider who you learnt about through a Find Services program, you must address the dispute with the Service Provider directly. However, upon your request, we may provide limited assistance in resolving a dispute between you and a Service Provider. You must participate and use good faith efforts to assist SavvyPhone’s Customer Service in accurately documenting the problem and your desired resolution. SavvyPhone will communicate this information to the Service Provider. Within thirty (30) days of SavvyPhone providing this information to the Service Provider, SavvyPhone will contact you and the Service Provider to determine if the dispute was resolved. While we cannot ensure resolution, after review of a dispute, SavvyPhone reserves the right to remove a Service Provider from any Find Services Program in which they are a participant.

YOU HEREBY AGREE TO RELEASE SAVVYPHONE (AND OUR OFFICERS, DIRECTORS, PARTNERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS.

MESSAGING SERVICES:

SavvyPhone’s Terms of Use includes this Acceptable Use Policy ("AUP") to encourage the responsible and reasonable use of the System’s messaging services (“Messaging Services”). Messaging Services means any of the System’s Electronic Message services, including but not limited to email, SMS, Short Code SMS and MMS. By using the Messaging Services, you agree to be bound by the terms of this AUP. SavvyPhone reserves the right to change or modify this AUP at any time, with any such changes or modifications effective when posted to SavvyPhone’s website, (https://www.savvycard.com/terms) Use of the Messaging Services after any such change or modification constitutes your acceptance of the change or modification to this AUP.

You are prohibited from using the Messaging Services to send messages that contain advertising or a commercial solicitation to any person or entity without their consent. You must not use our Messaging Services to send messages that: (a) are bulk messages; (b) are automatically generated; (c) can disrupt our System; (d) harass or threaten another person; (e) interfere with another customer’s use or enjoyment of our services; (f) generate significant or serious customer complaints; (g) that falsify or mask the sender/originator of the message; or (h) violate any law or regulation. Violation of the CAN-SPAM Act of 2003, or any other applicable law regulating Electronic Messaging constitutes a violation of this AUP.

In addition to any other actions SavvyPhone may take for violations of this AUP, if in our sole discretion we reasonably believe that you are using the Messaging Services in any manner that is prohibited or excessive, then we may without advance notice: (a) suspend or terminate Messaging Services for your User Account and any associated User Account(s); and/or (b) suspend or terminate your User Account and any associated User Account(s).

Short Code SMS Messaging Service:

• When you opt-in to the Short Code SMS Messaging Service, we will send you an SMS message to confirm your signup.
• You can cancel the Short Code SMS Messaging Service at any time. Just text "STOP" to 72889. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive Short Code SMS messages from us.
  
  If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
• If at any time you forget what keywords are supported, just text "HELP" to 72889. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
• We are able to deliver messages to the following mobile phone carriers:
  
  Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
  
  Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
• As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive 1 message/your request. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
• For all questions about the Messaging Services provided by this Short Code (72889), you can send an email to: support@savvycard.com
• If you have any questions regarding privacy, please read our privacy policy: https://www.savvycard.com/privacy

ONLINE PAYMENTS:

You can purchase products and/or services on our Site. We accept credit cards issued by U.S. banks; credit cards registered/owned outside the U.S. may be subject to a 5 day waiting period prior to completing the registration/subscription process. Other forms of payment may include certain debit cards and ACH transfers, etc. If a credit card account is being used for a transaction, we may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

TYPOGRAPHICAL ERRORS AND INCORRECT PRICING:

In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product / service listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.

REFUND AND CANCELLATION POLICY:

Due to the nature of SavvyPhone's digital subscription services with manual customization work beginning immediately upon purchase, SavvyPhone has a “no return, no refund” policy for all subscription, professional, and advertising services including, but not limited to, SavvyCard for Business, SavvyCard for Real Estate, Automated Facebook Ads, SavvyISA, SavvySEO, RE-Target, and other products and services offered by SavvyPhone.

REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION, PROFESSIONAL, OR ADVERTISING SERVICE PURCHASE. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH. In such a circumstance, you will continue to have access to your Subscription until the end of the monthly billing cycle. SavvyPhone reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and SavvyPhone's election to make such an offer in one instance does not create the obligation to do so in another.

You can cancel your subscription at any time, per the contract terms, when applicable. Please note you must cancel your Subscription before it renews for a subsequent term to avoid being charged for the next term’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the then-current term Subscription period.

LINKING:

Links to third party systems may be provided on this System. If so, they are provided solely as a convenience to you. If you use such links, you will leave this System. We have not reviewed all such third party sites (if any) and do not control and are not responsible for any of these systems and their content. We do not endorse or make any representations about such systems or any information or materials found there, or any results that may be obtained from using them. If you access any third party systems linked from this System, you do so at your own risk.

Except as set forth above in Use of System and Content, no other hyperlinks, other than that which is created by your registration to SavvyCard are permitted without our prior written consent. If you would like to link to this System from your system, please submit your request via email to: linkrequest@savvycard.com. Unless you receive our express written consent, your request to link to this System shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of SavvyPhone a system that links to this System:

• Shall not imply, either directly or indirectly, that SavvyPhone or its principals are endorsing its products;
• Shall not use any of our Trademarks or the Trademarks of our licensors;
• Shall not contain content or material that could be construed as offensive, controversial or distasteful and should only contain content that is appropriate for all age groups;
• Shall not disparage us or our products in any way or otherwise negatively affect or harm our reputation and goodwill;
• Shall not present false or misleading information about us;
• Shall not misrepresent any relationship with us;
• Shall not replicate in any manner any content in the System; and
• Shall not create a browser or border environment around System material.

CLAIM OF COPYRIGHT INFRINGEMENT:

We deeply respect the intellectual property rights of others. If you believe that your copyrighted property has been copied in any way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our copyright agent the information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of the location where the alleged infringing material is located on the System;
• Your physical address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or by the law; and
• A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  
  You must deliver this notification to our designated Copyright Agent at the address indicated below.
  
  We may give you notice that we have removed or disabled access to certain material by means of a general notice on the System, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to our copyright agent that includes the information below. To be effective, the counter-notification must be a written communication that contains the following:
• Your physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
• A statement from you, under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any federal judicial district within the United States in which SavvyPhone may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Our Copyright Agent for notice of claims of copyright infringement on this System can be reached as follows:

By Mail:
SavvyPhone, LLC
Attn: Copyright Agent
Address: 200 2nd Ave S, #430
St. Petersburg, FL 33701
USA

By Email:
By Telephone: +1 (727) 502-6012
By Fax: (800) 305-9552

SUBMISSIONS:

For purposes of these Terms of Use, the word "Submissions" means text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this System.

By communicating a Submission to us, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth below and all other requirements of these Terms of Use, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use; that use of the Submission does not violate these Terms of Use; will not cause injury to any person or entity; and that you will indemnify SavvyPhone for all claims resulting from content you supply.

You agree that you shall not post or transmit to or from this System any Submissions that are unlawful, threatening, libelous, defamatory, obscene, scandalous, threatening, inflammatory, invasive of privacy, pornographic or profane material, any other material that could give rise to any civil or criminal liability under the law, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SavvyPhone reserves the right (but not the obligation) to remove or edit such content, but may not regularly review posted content.

ACCOUNTS:

The use of certain products or services on this System permit or require you to subscribe which means to create an account ("User Account") to participate in or to secure additional benefits. Should you choose to register/subscribe, you agree to provide, maintain and update true, accurate, current and complete information ("Registration Information") about yourself as prompted by our registration/subscription processes. You are responsible for updating and maintaining the accuracy of Registration Information. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to this System.

If you use this System, you are responsible for maintaining the secrecy and security of any personal or User Account information, including but not limited to, your User Name and password. You are also responsible for restricting access to your computer, Internet capable cellular Phone and/or tablet PC, and you agree that you are responsible and liable for all activities that occur under your account or password. Only an authorized licensed Subscriber is permitted to use the password-protected content within SavvyPhone. If you provide or disclose your User Name, Password, or otherwise knowingly or unknowingly allow unauthorized access into the fee-based services, the original site license holder shall be responsible for and will be billed the applicable fee for each order an unauthorized user places. SavvyPhone is not responsible for any unauthorized use of your User Account. If you believe there has been unauthorized use of your User Account, you must notify SavvyPhone immediately. SavvyPhone reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

If you provide any Registration Information that is untrue or inaccurate, not current, or incomplete, or if SavvyPhone suspects that your Registration Information is untrue, inaccurate, or incomplete, we may, in our sole discretion, suspend, terminate, or refuse future access to any Services. We may suspend or terminate your account and your ability to use the System or any portion thereof for failure to comply with these Terms of Use or any special items related to a particular service, for infringing copyright, or for any other reason whatsoever.

PUBLIC FORUMS AND COMMUNICATION:

"Public Forum" means an area or feature offered as part of this System that offers the opportunity for users to distribute Submissions for viewing by one or more System users, including, but not limited to (although the following may not yet be available on the System), a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function.

You acknowledge that Public Forums and features offered herein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.

You are and shall remain solely responsible for the Submissions you distribute on or through the System under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have no duty to monitor any Public Forum.

You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. We are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.

We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to any Submissions that you make to the System.

RULES OF CONDUCT:

The following Rules of Conduct apply to the System. By using the System, you agree that you will not upload, post, or otherwise distribute to the System any Submission that:

• (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic, or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without his or her express permission) or publicity; or (c) any confidentiality obligation;
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the System or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the System; or
• (a) does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or (c) is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling", and "griefing", as those terms are commonly understood and used on the Internet.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

REMOVAL OF SUBMISSIONS:

We reserve the right, but disclaim any obligation or responsibility, to: (a) refuse to post or communicate or remove any Submission from the System that violates these Terms of Use; and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including the System. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

If this System is viewed internationally, you are responsible for compliance with applicable local laws.

PRIVACY

SavvyPhone respects your privacy and the privacy of other visitors to the System. To learn about our privacy practices and policies, please see our Privacy Policy. (https://www.savvycard.com/privacy).

CHILDREN:

SavvyPhone is committed to the safety of all children. Persons under the age of 18 may not register as a System Subscriber. SavvyPhone does not sell products or services for use or purchase by children. If you are under 18, you may use the systems only with the involvement of a parent or guardian. SavvyPhone does not solicit or knowingly collect personally identifiable information from children under the age of 13. If SavvyPhone obtains actual knowledge that it has collected personally identifiable information from a child under the age of 13, SavvyPhone will promptly delete such information from its database. Because SavvyPhone does not collect personally identifiable information from children under the age of 13, SavvyPhone has no such information to use or disclose to third parties.

ELECTRONIC COMMUNICATIONS:

When you visit SavvyPhone Internet Sites or send e-mails or SMS messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by SMS messages or by posting notices on this System. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Disclaimer of Warranties

THIS SYSTEM, THE OPERATION OF THIS SYSTEM, SOFTWARE, AND ALL INFORMATION, MATERIALS, PROUCTS, SERVICES, AND CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SYSTEM (THE "CONTENT") IS PROVIDED "AS IS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SYSTEM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SYSTEM OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SYSTEM MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SYSTEM IS AT YOUR SOLE RISK.

YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRSENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SYSTEMS (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SYSTEM AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SYSTEM OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITIES:

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SYSTEM OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SYSTEM OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PARTICULAR SERVICE OR SYSTEM CAUSING SUCH LIABILITY. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

WE MAY TERMINATE YOUR FURTHER ACCESS TO THE SYSTEM OR CHANGE THE SYSTEM OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW, JURISDICTION AND VENUE:

This System is created and controlled by us in the State of Florida. The laws of the State of Florida govern these Terms of Use, without giving effect to any principles of conflicts of laws. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the System shall be filed, and that venue properly lies, only in the State or Federal courts located in Pinellas County, State of Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

INDEMNIFICATION:

You are responsible for all actions taken via your User Account. You agree to defend and hold SavvyPhone, its affiliates and their respective officers, director, employees and agents harmless from any and all claims and demands made by any third party due to, or arising out of your breach of these Terms of Use, your use of the System, your violation of any law or the rights of a third party, or any Submission made through your User Account or that you otherwise make available through the System.

GENERAL PROVISIONS:

We make no representations that the Content on the System is appropriate or available for use in any particular location. Those who choose to access the System do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE SYSTEM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

Supply of goods, services, and software through the System is subject to United States export control and economic sanctions requirements. By acquiring any such items through the System, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the System if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

CONTACTING US:

You may contact us regarding these Terms of Use or the System by any of the following methods:

By Mail:
Address: 200 2nd Ave S, #430
St. Petersburg, FL 33701
USA

By Email:
By Telephone: +1 (727) 502-6012
By Fax: (800) 305-9552

EFFECTIVE DATE:

These Terms of Use are effective as of April 17, 2024, and shall remain in effect until modified and/or updated as provided herein.