Terms of service

These SaveUp Terms of Service ("Terms of Service") govern your access to and use of the SaveUp website at saveup.com ("Site") provided by SaveUp, Inc. ("SaveUp," "we," or "us") and the services made available through the Site ("Services"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE SITE OR THE SERVICES. You may not use the Site or Services, or accept these Terms of Service, if (a) you are not of legal age to form a binding contract with SaveUp; (b) you are prohibited by law from receiving or using the Services; or (c) you are not a U.S. resident.

SaveUp may change these Terms of Service from time to time at its sole discretion by posting notice of the change on the Site, provided that if SaveUp makes any material changes, SaveUp will also notify you by sending you an e-mail to the last e-mail address you provided to SaveUp in accordance with Section 2. Any changes to these Terms of Service will be effective immediately if you are a new user of the Services and will be effective thirty (30) calendar days after posting of notice of such changes on the Site if you are an existing user, provided that, if you are an existing user, any material changes shall be effective for you upon the earlier of thirty (30) calendar days following posting of notice of such changes on the Site or thirty (30) calendar days after dispatch of an e-mail notice of such changes to you. SaveUp may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Services is permitted. If you do not agree to any change after receiving a notice of such change, you shall stop using the Services and terminate this Agreement as described below. Otherwise, your continued use of the Services constitutes your acceptance of the changes. Please regularly check the Site to view the then-current Terms of Service.

Overview

The Services enable you to earn non-monetary credits in accordance with the Credit Guidelines (located at http://saveup.com/credits) if you perform certain activities related to your personal finances (e.g. depositing money into your savings accounts or paying down your loans, as well as non-monetary actions, such as, financial education, inviting friends or completing your profile.) Subject to Section 13 below, you may use such credits to enter sweepstakes promoted on the Site.

Additional Terms

Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Services or Site in connection with such features ("Additional Terms"). All such Additional Terms and the SaveUp Privacy Policy (located at saveup.com/privacy) ("Privacy Policy") are incorporated by reference into these Terms. If there is any conflict between these Terms of Service and the Additional Terms, the Additional Terms will take precedence in relation to the particular feature of the Site or Services.

User Account

You must register for a user account ("Account") to access the Services. When you create an Account, you will be asked to select a unique username and create a password. We may require you to submit certain additional information to complete your registration. You represent and warrant that: (a) all registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Services does not violate any applicable law. SaveUp reserves the right to require you to change or update your username and password in SaveUp’s sole discretion from time to time. You are responsible for maintaining the confidentiality of your username and password, and are solely responsible for all activities that occur under your username. You agree (i) not to allow any third party to use your Account, username or password at any time and (ii) to notify SaveUp promptly of any actual or suspected unauthorized use of your Account, username or password, or any other breach or suspected breach of these Terms of Service. SaveUp reserves the right to terminate your username and password, which SaveUp reasonably believes may have been used by an unauthorized third party

License

The information, data, results, ideas, plans, sketches, texts, files, links, images, photos, video, sound, inventions (whether or not patentable), notes, works of authorship, articles, feedback, or other materials ("Content") available on the Site (the "Site Content") are protected by copyright laws throughout the world. The compilation of the Site Content on the Site is the exclusive property of SaveUp and its suppliers and is protected by U.S. and international copyright laws. Subject to the terms and conditions of these Terms of Service, SaveUp grants you a personal, limited, non-exclusive, non-transferable, and revocable license, during the Term, to (i) access the Services for your personal, non-commercial use and (ii) view the Site Content for your personal, non-commercial use. SaveUp and its suppliers reserve all rights not granted in these Terms of Service.

Restrictions

You agree that you will not:

Modification

SaveUp reserves the right, at any time, to modify the Site Content or Services or to modify, suspend, or discontinue the Site or Services or any part of the foregoing with or without notice. You agree that SaveUp will not be liable to you or to any third party for any modification of the Site Content or Services or modification, suspension, or discontinuance of the Site or Services.

User Content
IP Ownership

As between you and us, the Site, the Services, the Site Content (excluding User Content), and any of SaveUp’s proprietary technology, software, hardware, processes, algorithms, user interfaces, know-how, designs and other tangible or intangible technical material or information used by SaveUp in providing the Services, and all intellectual property rights in each of the foregoing (the "SaveUp Technology") is the exclusive property of SaveUp or its suppliers. "SaveUp" and other related graphics, logos, service marks, and trade names used on the Site are the trademarks of SaveUp or its third party licensors and may not be used without SaveUp’s written permission or the written permission of such third parties.

Feedback

SaveUp will treat any all suggestions, ideas, enhancement requests, feedback, recommendations or other information ("Feedback") you provide to SaveUp as non-confidential and non-proprietary. Thus, in the absence of a written agreement with SaveUp to the contrary, you agree that you will not submit to SaveUp any information or ideas that you consider to be confidential or proprietary. You hereby irrevocably and unconditionally assign to SaveUp all Feedback provided by you related to the Site, the Services, the Site Content or the SaveUp Technology including all worldwide intellectual property rights in the foregoing.

Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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.

Privacy

Our privacy practices with regard to the personal information that you provide to us is set forth in the Privacy Policy.

Third Party Financial Institutions
Sweepstakes

From time to time, SaveUp may offer you the chance to win prizes on the Site ("Sweepstakes"). Such Sweepstakes are provided subject to the rules posted on the Site in connection with such Sweepstakes.

Links to Third Party Websites

The Site may contain links to advertisements, web sites and services provided by third parties. Such third party advertisements, web sites and services are not under the control of SaveUp. SaveUp is not responsible for the content of any third party advertisements, web sites and services or any link contained in a third party advertisement, web site or service. SaveUp provides these links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third party advertisements, web sites and services.

Warranty Disclaimers
Limitation of Liability

IN NO EVENT SHALL SAVEUP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE, THE SITE CONTENT, OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SAVEUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. SAVEUP’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, THE SITE, THE SITE CONTENT, AND THE SERVICES, WHETHER UNDER CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED FIFTY DOLLARS ($50). CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.

Copyright

If you believe that the copyright in your work has been violated through the Services, please contact SaveUp’s agent for notice of claims of copyright infringement using the contact information below and provide the following information, which SaveUp may then forward to the alleged infringer:

Upon receiving your complaint, SaveUp may remove content that you believe infringes your copyright. In addition, SaveUp may terminate the account of the member who appears to be infringing your intellectual property rights.

SaveUp, Inc.
Attn: Copyright Agent
480 2nd Street, Suite 202
San Francisco CA 94107
E-mail: Phone: (415)578-9949

Termination

These Terms of Service will continue to apply until terminated by either you or SaveUp as set forth below (the "Term"). We may terminate these Terms of Service at any time for any reason or no reason by sending you an e-mail to the address of record in your Account. In addition, these Terms of Service will automatically terminate upon any breach of these Terms of Service by you. You may terminate these Terms of Service at any time by (a) notifying SaveUp at any time by sending an e-mail to with the subject "Termination of Terms of Service" and (b) closing your Account for the Services. Upon any termination of this Agreement, you shall promptly discontinue use of the Site and the Services and your Account and right to access and use the Services and Site will terminate immediately, including access to your User Content. However, Sections 7 (User Content), 8 (IP Ownership), 9 (Feedback), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 18 (Termination), and 21 (General Provisions) of these Terms of Service will survive any termination of the Terms of Service. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities arising from or relating to such termination.

Indemnification

You will indemnify and hold SaveUp harmless from any action brought against SaveUp insofar as such action is based on a claim by any third party arising from or related to (a) any improper or unauthorized use of the Services by you; (b) your User Content; or (c) your breach of any of your representations or warranties contained in these Terms of Service.

Export Restrictions

You acknowledge that the Services are subject to the U.S. Export Administration Regulations (15 CFR, Chapter VII) and that you will comply with these regulations. You will not export or re-export the Services, directly or indirectly, to: (1) any countries that are subject to US export restrictions; (2) any end user who has been prohibited from participating in US export transactions by any federal agency of the U.S. government; or (3) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that this product may include technical data subject to export and re-export restrictions imposed by U.S. law.

General Provisions

If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service 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. These Terms of Service and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using or accessing the Site or the Services, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which SaveUp’s principal place of business is located for any lawsuit filed there against you by SaveUp arising from or related to these Terms of Service.

If you have any questions about the foregoing, please contact us at the following e-mail address: