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.
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.
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
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.
You agree that you will not:
- permit any third party to access and/or use the Service;
- access or attempt to access any other systems, programs or data that are not made available for public use;
- rent, lease, loan, sell access to, or otherwise exploit for any commercial purpose the Site, the Site Content or Services;
- except as expressly permitted under these Terms of Service, copy, reproduce, republish, upload, post, transmit, resell, distribute or perform any Site Content;
- interfere with, disrupt, alter, translate, or modify the Site or Services or any part thereof;
- access or use the Site or Services in any manner that could damage, disable, overburden or impair any SaveUp server or the networks connected to any SaveUp server (including, without limitation, any third party websites that are linked to via the Services);
- work around any technical limitations in the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble, or otherwise reverse engineer the Services except as otherwise permitted by applicable law
- access the Services in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Site or Services, or (iii) copy any ideas, features, functions or graphics of the Site or Services;
- 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 or mine data from the Site or Services;
- perform or publish any performance or benchmark tests or analyses relating to the Site or Services or the use thereof;
- remove any copyright or other proprietary notices on any Site Content;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) of SaveUp without SaveUp’s written consent;
- cover or obscure any page or part of the Site, Site Content, or Services via HTML/CSS, scripting, or any other means;
- use or access the Site or Services other than as permitted under Section 4; or
use, or encourage or permit others to use, the Site or Services to
- stalk and/or harass another;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Site Content posted on or transmitted through the Site or Services;
- use the Site, Services or Site Content such that it will mislead a third party into believing that he or she is interacting directly with SaveUp or the Services;
- engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
- use any SaveUp domain name as a pseudonymous return email address; or
- market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by SaveUp.
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. "User Content" means any Content provided, imported or uploaded to the Service by you or on your behalf via the Site. By uploading, distributing, or otherwise using your User Content with the Site or Services, you grant, and you represent and warrant that you have the right to grant, SaveUp an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use the User Content, as necessary, for purposes of displaying the User Content on the Services or Site. 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 SaveUp or others, or any disclosure of your User Content that makes you or any third party personally identifiable.
You represent and warrant that your User Content shall not
- infringe any copyright, trademark, or patent;
- misappropriate any trade secret;
- be deceptive, defamatory, obscene, pornographic, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- contain any viruses, worms or other malicious computer programming codes able to damage the Site, the Services, or any data of the Services;
- violate any law, regulation, or contractual obligation; or
- otherwise violate these Terms of Service or the rights of any third party.
- Content Loss. You are solely responsible to keep and maintain your own copy of all User Content that is provided to the Services and SaveUp. SaveUp is not obligated to back up any User Content that is posted on the Services. SaveUp therefore recommends that you create backup copies of any User Content posted on the Services at your sole cost and expense. You agree that SaveUp may (but has no obligation to), in SaveUp’s sole discretion, remove or modify any User Content which it deems to violate your representations and warranties in these Terms of Service. You agree and acknowledge that SaveUp has no obligation to retain the User Content, and may delete such User Content, at any time.
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.
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.
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.
Third Party Financial Institutions
- FI Access information. You authorize SaveUp (and its third party service provider) to contact the third party financial institutions designated by you ("Financial Institutions"), on your behalf, using certain information provided by you. You are solely responsible for (i) maintaining the confidentiality and security of your access number(s), password(s), security question(s) and answer(s), account number(s), login information, and any other security or access information, used by you to access your Financial Institution accounts (collectively, "FI Access Information"), and (ii) preventing unauthorized access to or use of the information, files or data that you store or use in or with the Services (collectively, "Account Data"). You will be responsible for all activities that occur under all electronic communications, including account registration and other account holder information, email and financial, accounting and other data ("Communications") entered using your FI Access Information. It is assumed that any Communications received through use of the FI Access Information were sent or authorized by you. You agree to immediately notify us if you become aware of any loss, theft or unauthorized use of any FI Access Information. We reserve the right to deny you access to the Services (or any part thereof) if we reasonably believe that any loss, theft or unauthorized use of FI Access Information has occurred. You must inform us of, and hereby grant to us and our third party service providers permission to use, FI Access Information to enable us to provide the Services to you, including updating and maintaining Account Data, addressing errors or service interruptions, and to enhance the types of data and services we may provide to you in the future.
- FI Services. In connection with your use of the Services and as part of the functionality of the Services, you may have access to certain online services that may be made available by your Financial Institution(s) ("FI Services"). The Services are designed to allow you to access FI Services (if and to the extent provided by your financial institution(s)) to set up banking information, download transactions into the Services and otherwise aggregate information from your account(s) with your Financial Institutions. You acknowledge and agree that we have no control over the provision of FI Services or provision of access to the FI Services by your Financial Institutions, do not guarantee that you will be able to use the Services with the FI Services, and will have no liability whatsoever for any actions or inactions on the part of the Financial Institutions resulting in your inability to use the Services to access your accounts, obtain data, download transactions, or otherwise use or access the FI Services.
- Collection of Financial Institution Account Information. You acknowledge that in accessing the FI Services through the Services, your FI Access Information, and the actual data in your account(s) with such financial institution(s) such as bank balances, credit card charges, debits and deposits (collectively, "FI Account Data"), may be collected and stored in the Services or by our third party service provider. You authorize us and our third party service provider, in conjunction with the operation and hosting of the Services, to use certain FI Account Data to (i) collect your FI Account Data, (ii) reformat and manipulate such FI Account Data, (iii) create and provide hypertext links to your Financial Institutions, (iv) access the Financial Institutions' websites using your FI Account Data, (v) update and maintain your account information, (vi) address errors or service interruptions, (vii) enhance the type of data and services we can provide to you in the future, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii). You hereby represent that you are the legal owner of your FI Account Data and that you have the authority to appoint, and hereby expressly do appoint, us and our third party service provider as your agent with limited power of attorney to (a) access and retrieve your FI Account Data on your behalf and (b) use your FI Access Data for purposes of providing the Services to you. You further acknowledge that neither we nor our third party service provider is responsible for the completeness or accuracy of your FI Account Data. Any transactions or informational activities performed at any Financial Institution's website are not made through the Services and we assume no responsibility for such transactions or activities. You are solely responsible for any charges associated with SaveUp’s (and its third party service provider’s) use of any FI Services.
- Information from Financial Institutions' Websites. You acknowledge and agree that (i) some Financial Institutions may not allow the Services to access the FI Services, (ii) Financial Institutions may make changes to their websites, with or without notice to us, that may prevent or delay aggregation of information from such websites, and (iii) the Services "refreshes" the FI Account Data by collecting the FI Account Data nightly, so your most recent transactions may not be reflected in any account balances or other account information presented to you in the Services. If you see a discrepancy in the FI Account Data, and in any case before making any transactions or decisions based on such account information presented in the Services, you should check the last refresh date for the account and confirm that FI Account Data is up to date and accurate.
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.
- NO WARRANTY. SAVEUP IS PROVIDING THE SITE, THE SITE CONTENT, AND THE SERVICES ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK. SAVEUP DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. SAVEUP DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE CONTENT OR THE INFORMATION PROVIDED ON THE SITE OR THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. INFORMATION ON THE SITE MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
- Financial Advice. SAVEUP IS NOT PROVIDING, AND THE SERVICES ARE NOT INTENDED TO PROVIDE, LEGAL, TAX OR FINANCIAL ADVICE. SAVEUP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any financial decisions, you should seek additional information and advice from your own accountant or other financial advisers who are fully aware of your individual circumstances.
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.
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:
- Identify the material on the Services that you believe infringes your work, with enough detail so that SaveUp may locate it on the Services;
- Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Provide your address, telephone number, and email address;
- Provide a statement that (i) the information that you have provided to SaveUp is accurate, and (ii) you are the owner of the copyright interest involved or are authorized to act on behalf of the owner; and
- Provide your physical and electronic signature.
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.
Attn: Copyright Agent
480 2nd Street, Suite 202
San Francisco CA 94107
E-mail: Phone: (415)578-9949
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.
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.
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.
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: