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THIS IS A CONTRACT. PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE ACCESSING GOSAVANT.COM
AND ONLINE TRAINING. BY ACCESSING GOSAVANT.COM, YOU ACCEPT AND AGREE TO ALL OF THE
COVENANTS AND CONDITIONS IMPOSED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE
TERMS, YOU MAY NOT ACCESS THE SITE.
BY USING GOSAVANT.COM’S SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE
TO THESE TERMS. YOU ALSO AGREE TO REVIEW THIS AGREEMENT PERIODICALLY TO BE AWARE
OF MODIFICATIONS TO THE AGREEMENT WHICH GOSAVANT.COM MAY MAKE AT ANY TIME. YOUR
CONTINUED USE OF THIS SITE WILL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF ANY MODIFIED
AGREEMENT.
1. Contact Information
GoSavant.com
8420 W Bryn Mawr, Suite 800, Chicago, IL 60631
Customer Service
Email: support@gosavant.com
Telephone: 1-773-308-7930
Website:
www.GoSavant.com
2. Copyright: All content on GoSavant.com is © 2009 by Go-Savant, LLC . All rights
reserved.
3. Definitions
- “Access” or “Accessing” means accessing, using, viewing the content or otherwise
obtaining information on the Site.
- “Agreement” or “Terms” refers to these Terms and Conditions of Use and any subsequent
modifications.
- “Coaching” means the real-time or phone based coaching services
provided by third party coaches accessing the GoSavant.com site
- "GoSavant” refers
to GoSavant LLC, an Illinois corporation.
- “Online Training” or “OT” means the
learning modules of audio-visual works that is available through the Site and is
part of the Site.
- “Subscriber” refers to any person or entity that purchases
or uses the Online Training, and may be a Single-User Subscriber, Multi-User Subscriber,
Educator, Student or gift subscription recipient.
- “User” refers to any party
who Accesses the Site. If You are Accessing the Site as an employee or agent of
another, “User” refers to You and Your principal.
- “Member” refers to any party
who Accesses the Site. If You are Accessing the Site as an employee or agent of
another, “Member” refers to You and Your principal.
- “Website” or “Site” refers
to the website maintained on the World Wide Web by GoSavant.com, available at http://www.GoSavant.com
and https://secure.gosavant.com, and includes the Online Trainings.
- “You” or
“Your” refers to the User. If You are Accessing the Site as an employee or agent
of another, “You” or “Your” refers to the User and the User’s principal.
4. Trademarks
GoSavant.com graphics, logos, designs, page headers, button icons and service names
are registered trademarks, trademarks or trade dress of GoSavant.com in the U.S.
and/or other countries. GoSavant’s trademarks and trade dress may not be used, including
as part of trademarks and/or as part of domain names, in connection with any product
or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of
the GoSavant.
5. Modification of Terms
GoSavant.com reserves the right to modify these Terms at any time. Except as otherwise
stated herein, any change to these Terms is effective immediately after GoSavant.com
gives notice to the User. Notice can be given through e-mail, a posting on the Site
or any other means by which a User may obtain notice. User agrees to check the Site
periodically for changes to these Terms. Any use of the Site after changes have
been made shall be deemed acceptance of those changed terms and/or conditions.
6. Limited License
GoSavant.com hereby grants each Subscriber a limited, non-exclusive, non-sublicensable
and non-transferable license to Access the content and information available in
the OT according to the provisions contained herein, and subject to the payment
of the applicable fees and adherence to these Terms.
Each Multi-User may only allow its employees and agents to access the OT. If the
Multi-User Subscriber’s license terminates, the Multi-User Subscriber’s employees
and agents shall no longer have Access to the OT. Each Multi-User Subscriber agrees
that the OT may not be Accessed by more than the authorized number of Users purchased
by the Multi-User Subscriber. Each User shall be authorized to Access the OT from
any Internet connection.
A Multi-User Subscriber administrator selected by the Subscriber (the “Administrator”)
shall be designated to oversee and be responsible for management of the User accounts.
7. Fees and Refund Policies
Single and Multi-User Subscribers
- Access to Content purchased for 90 days after initial viewing of the content
-
Fees are non-refundable; except that Subscriber may cancel purchased training within
24 hours of purchase and if the Subscriber has not started the training, and receive
a full refund of the fees
- Discounts, rebates or other special offers only valid
during the term
- GoSavant.com may terminate the purchase based on inaccurate
or outdated credit card information
- Right of Access to the OT granted under
these Terms is effective only upon payment of the fees
Coaching Services
- Access to selected Coaches
- Fees are non-refundable
8. Gift Subscriptions
A person can purchase the gift subscription on the Site. After a person purchases
a gift subscription, GoSavant.com will send a welcome email to the recipient informing
them of the gift subscription.
Gift Subscription Terms and Conditions
- No refunds
- No exchange or surrender for cash value
- A recipient’s
use of a gift subscription constitutes acceptance of and agreement to these Terms
9. Access to the OT; Modification of Content.
GoSavant.com strives to provide the OT to its Subscribers on a continuous basis.
To that end, GoSavant.com will take all commercially reasonable efforts to provide
uninterrupted Access to the OT to its Subscribers. However, from time to time, Subscribers
may be unable to Access the OT due to conditions beyond GoSavant.com’s control.
Such conditions include, but are not limited to: force majeure, acts of God, power
outages, and the acts of computer hackers and others acting outside the law. Also,
from time to time, Access may be unavailable due to software issues, server downtime,
increased Internet traffic or downtime, programming errors, regular maintenance
of the system, and other related reasons. In response to any unavailability of the
OT to its Subscribers, GoSavant.com will take all commercially reasonable steps
to ensure Access is restored within a reasonable period of time. The term “commercially
reasonable,” as used in these Terms, shall mean reasonable efforts taken in good
faith without an unduly or burdensome use or expenditure of time, resources, personnel
or money.
GoSavant.com endeavors to provide the highest quality content to its Subscribers.
To that end, GoSavant.com reserves the right, in its sole discretion, to change,
modify, or discontinue any aspect or feature of this Site in whole or in part, including,
without limitation, the content, availability, Access and/or the Terms of this Site.
Such changes, modifications, additions or deletions will be effective immediately
upon notice thereof, which notice may be made by posting such changes on this Site.
Users are solely responsible for ensuring that they have sufficient and compatible
hardware, software, telecommunications equipment and Internet service necessary
for use of the Site.
10. Coaching Services
At GoSavant we are committed to making your total coaching experience a positive
one. Upon entering your information and selection of a coach and/or professional
coaching services, we will provide you access to the selected Coach. Although we
take certain steps to examine the credentials of our listed coaches, we make no
guarantees or representations regarding the skills or representations of such service
professional or the quality of the job that he or she may perform for you if you
elect to retain their services. GoSavant does not endorse or recommend the services
of any particular service professional. It is entirely up to you to enter into a
direct contract or otherwise reach agreement with a service professional, and we
do not guarantee or warrant their performance on the job or the outcome or quality
of the services performed. The coaches are not employees or agents of GoSavant,
nor is GoSavant an agent of the coaches. GoSavant does not perform, and is not responsible
for, any of the coaching requested by you in your request.
Resolution Process and Limited Guarantee: While we cannot guarantee the work performed
by a coach, and while we have no obligation to you with regard to your relationship
with a coach, the GoSavant resolution process has been developed to try and assist
you in resolving any problems that may arise in the course of service. Should you
have a dispute with any coaches, you must address such dispute with the coaches
directly. In the extremely rare instance of a dispute between a user and a coach,
we are here to help both parties resolve the matter as best we can. GoSavant does
not, however, get involved in any legal disputes between our coaches and our users.
Code of Conduct (Coach)
You agree to abide by the following Code of Conduct. You are responsible for all
use of your account, including any mail sent and any charges and taxes incurred,
unless you have notified us by mail that your account has been compromised, and
have requested us to block access to it. Failure to abide by this Code of Conduct
is grounds for immediate limitation or termination of your account without notice,
and, in certain cases, can subject you to civil or criminal penalties. Coaches will
be solely responsible for the services provided to Members and to the verification
of Members’ identity and other information delivered to you by Members. In addition,
GoSavant cannot and will not make any effort to verify the identity of any of its
Members. Coaches will not mislead Members to believe that he or she can provide
a service which is outside Expert’s fields of expertise. All interactions between
Coach and Member will be billed through GoSavant regardless if the interaction is
online or offline. Coach agrees to abide by the pricing terms agreed upon with Members
while utilizing GoSavant.com. All contact between coaches, members and any other
users who are introduced through the GoSavant platform must be conducted only through
the GoSavant platform. Exchange of personal contact information is strictly prohibited.
Any exchange of contact information or communication outside of the GoSavant platform,
whether via personal email, phone, in person or any other means, is strictly prohibited
and is a violation of this Agreement. In the event GoSavant suspects or determines
any such unauthorized contact, GoSavant reserves the right to withhold payments,
levy fines, and/or suspend or terminate service in its sole and absolute discretion.
Coach will not interfere with or disrupt the GoSavant.com site or servers or networks
connected to the Site, and will not transmit "junk mail", or any unsolicited mass
distribution of e-mail or bulletin board postings. Coach will not transmit through
the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening,
defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material
of any kind. Coach will not violate any applicable local, state, national or international
law, statute, ordinance, rule, regulation or ethical code. Coach will not upload,
post, e-mail, transmit or otherwise make available: (a) any information or material
that infringes a third party right, especially copyright or other intellectual property
rights; (b) any third party advertisements, including banner exchange services;
(c) software viruses, Trojan horses, worms or any other malicious application or
(d) any information or material which may constitute or encourage conduct that is
a criminal offense or civil wrong or otherwise violates any applicable law. Coach
will not impersonate any person or entity, or make any false statement regarding
Expert’s employment, agency or affiliation with any person or entity. Coach will
not stalk, threaten or harass Members or other Experts or invade or attempt to invade
their privacy. Coach will not disclose any information that was provided to Expert
by a Member and will use his or her best efforts to guard Member's privacy.
GoSavant may review the Coach's personal profile and modify any typing or spelling
errors. GoSavant will use reasonable efforts to process the Member's credit card
for the amount agreed upon between Members and Coach within seven (7) working days
from the execution date of each transaction.
Starting July 01, 2009, GoSavant's commission structure will be as follows:
Coach Session
|
Transaction Amount |
Commission |
|
$0 - $500
|
20%
|
|
$501 - $2500
|
19%
|
|
$2501+
|
17%
|
A "Coach Session" includes a session between a Coach and a Member via webcam, voice,
chat, or any other medium other than via e-mail.
11. Referral Program:
Publishers participating in the GoSavant’s Referral program are required to adhere
to the following policies. We ask that you read these policies carefully and refer
to this document often. If you fail to comply with these policies, we may disable
your GoSavant Referral account. While in many cases we prefer to work with publishers
to achieve policy compliance, we reserve the right to disable any account at any
time. If your account is disabled, you will not be eligible for further participation
in the GoSavant Referral program.
Please note that we may change our terms and policies at any time, it is your responsibility
to keep up to date with and adhere to the policies posted here.
1 Program Participation. Participation in the Program is subject to GoSavant’s prior
approval and Your continued compliance with this Agreement. GoSavant reserves the
right to refuse participation to any applicant or participant at any time in its
sole discretion. Upon acceptance into the program, the publisher will be provided
with a Link or Images (each, a “Leads Button”). Such Leads Button may allow You
to receive a Payout. In order to be eligible to receive a Payout, You agree to the
following:
1.1 You have implemented any such Leads Button on Your Property(ies) in accordance
with the specifications provided by GoSavant.
1.2 You have agreed to and accepted the terms and conditions set forth here. When
an End User completes a training course(s) purchase, you will receive a Referral
fee of 10% (less 5% discount given to the user) as a commission.
1.3 End users who click on a Link and/or Search Result will be directed to a Web
page that may be hosted by GoSavant (“Referral Page”), and the format, look and
feel of those Web pages hosted by GoSavant may be modified by GoSavant from time
to time.
1.4 A “Referral Event” will be initiated when an end user completes a sale via a
Link and/or Search Result from the Property and will be completed when the referral
requirements for the relevant product are satisfied in accordance with this Agreement.
You agree to comply with the specifications provided by GoSavant from time to time
to enable proper tracking and reporting of Referral Events in connection with Your
Property. You shall not promote or facilitate a Referral Event by any means other
than displaying a Link on the Property, unless expressly authorized in writing by
GoSavant (including by electronic mail). GoSavant reserves the right to change the
fee structure at any time at its discretion. Any Payouts will be calculated and
remitted on a monthly basis after a minimum of $100 is earned. GoSavant Referral
Program does not apply to any Live Coaching services offered by GoSavant.com.
2 Implementation and Operation of Ads and Search Results. You agree to comply with
the specifications provided by GoSavant from time to time to enable proper delivery,
display, tracking, and reporting of Ads, Links, Search Results, and GoSavant Brand
Features in connection with Your Property(ies), including without limitation by
not modifying the JavaScript or other programming provided to You by GoSavant in
any way, unless expressly authorized in writing by GoSavant (including by electronic
mail).
3 Termination; Cancellation. You may stop displaying Ads, Links, or Search Boxes
on any Property in the Program with or without cause at any time by removing the
GoSavant JavaScript or similar programming from Your Properties. You may terminate
this Agreement with or without cause at any time by sending written notice of Your
desire to cancel Your participation in the Program to support@GoSavant.com. This
Agreement will be deemed terminated within ten (10) business days of GoSavant's
receipt of Your notice. GoSavant may investigate any activity that may violate this
Agreement. GoSavant may at any time, in its sole discretion, terminate all or part
of the Program, terminate this Agreement, or suspend or terminate the participation
of any Property in all or part of the Program for any reason. In addition, GoSavant
reserves the right to terminate without notice any account that has not generated
a sufficient number of valid clicks on Ads or valid impressions of Ads (in each
case as measured by GoSavant) for a period of two (2) months or more.
12. Prohibited Conduct
User expressly agrees to refrain from doing, either personally or through an agent,
any of the following “Prohibited Conduct”:
a. Transmit, install, upload or otherwise transfer any virus, advertisement, communication,
or other item or process to the Site that in any way affects the use, enjoyment
or service of the Site, or adversely affects GoSavant.com’s computers, servers or
databases.
b. Capture, download, save, upload, print or otherwise retain information and content
available on the Site other than what is expressly allowed by these Terms.
c. Permit or provide others Access to the OT using Your e-mail and password or otherwise,
or the name and password of another authorized User.
d. Copy, modify, reverse engineer, disassemble, redistribute, republish, alter,
create derivative works from, assign, license, transfer or adapt any of the software,
information, text, graphics, source code or HTML code, or other content available
on the Site.
e. Remove or modify any copyright, trademark, legal notices, or other proprietary
notations from the content available on the Site.
f. Transfer the Site content to another person; “frame”, “mirror”, “in-line link”,
or employ similar navigational technology to the Site content; or “deep link” to
the Site content.
g. Violate or attempt to violate GoSavant.com’s security mechanisms, Access any
data or server You are not authorized to Access or otherwise breach the security
of the Site or corrupt the Site in any way.
h. Engage in any other conduct which violates the Copyright Act or other laws of
the United States.
i. Use any device (such as a “web crawler” or other automatic retrieval mechanism)
or other means to harvest information about other Users, the Site or GoSavant.com.
j. Use the Site to violate a third party’s intellectual property, personality, publicity
or confidentiality rights; upload, download, display, publish, perform, create derivative
works from, transmit, or otherwise distribute information or content in violation
of a third party’s intellectual property rights.
k. Misrepresent Your identity or personal information when Accessing the Site; forge
any TCP/IP packet header or any part of the header information in any e-mail so
that the e-mail appears to be generated by GoSavant.com.
l. Post obscene, harassing, defamatory, filthy, violent, pornographic, abusive,
threatening, objectionable or illegal material on the Site; post a communication
that advocates or encourages criminal conduct or conduct that may give rise to civil
liability.
m. Advertise or otherwise solicit funds, goods or services on the Site.
n. Provide any commercial hosting service with Access to the Site and/or the content
on the Site.
To ensure that Users of the Site do not engage in Prohibited Conduct, GoSavant.com
reserves the right to monitor use of the Site and reserves the right to revoke or
deny Access to the OT to any person or entity whose use of the OT suggests Prohibited
Conduct. Access of the materials available at the OT beyond that of normal patterns
of use that suggests systematic copying of the materials constitutes abuse of the
OT and will result in revocation or denial of Access to the OT. The terms “normal
patterns” and “abuse” shall be determined solely by GoSavant.com.
You agree not to violate any U.S., foreign or international software or technology
export laws and regulations, including without limitation the U.S. Export Administration
Regulations.
13. Limited Warranties
GoSavant.com warrants that the software that allows Users to Access the OT, if operated
as directed, will substantially achieve the functionality described on the Site.
GoSavant.com provides no warranty that your hardware, software, telecommunications
equipment and/or internet service is compatible or sufficient to access the site.
GoSavant.com also warrants that the media containing the software, if provided by
gosavant.com, is free from defects in material on the date the user acquired the
software. Gosavant.com's sole liability for any breach of this warranty shall be,
in its sole and absolute discretion: (a) to replace the defective media or software;
(b) to advise the user how to achieve substantially the same functionality with
the software as described; or (c) if the above remedies are impracticable, to refund
the fee paid for access to the ot. The user must inform GoSavant.com of any problem
with the software within fifteen (15) calendar days of discovering the problem or
GoSavant.com will not be obligated to honor this warranty. GoSavant.com will use
commercially reasonable efforts to repair, replace, or refund the software pursuant
to the foregoing warranty within thirty (30) calendar days of being so notified.
If any modifications are made to the software by the user during the warranty period;
if the medium or software is subjected to accident, abuse, or improper use; or if
the user violates the terms of this agreement, then this warranty shall immediately
terminate. This warranty shall not apply if the software is used on or in conjunction
with hardware or software other than the unmodified version of hardware and software
with which the software was designed to be used as described. Although GoSavant.com
has attempted to provide accurate information on the site, it makes no guarantee
or warranty, express or implied, as to the reliability, accuracy, timeliness or
completeness of that information and assumes no responsibility for any errors or
omissions therein.
14. Disclaimers and Limitation of Liability
User Accesses this site at his/her/its own risk. The site is provided on an “as
is, as available” basis without warranty of any kind (beyond the warranties set
forth in section 12), expressed, implied or statutory, and any and all warranties
of merchantability, fitness for a particular purpose or non-infringement of third
parties’ rights are specifically disclaimed. GoSavant.com does not warrant any particular
result from use of the software or site. GoSavant.com does not warrant that the
information on the site is accurate, complete or complies with any particular law
or regulation, or that the operation of and your access to the site will be uninterrupted,
error-free, virus-free or completely secure. Under no circumstances and under no
legal theory (tort, contract or otherwise) shall GoSavant.com or any of its affiliates,
agents, employees, shareholders, directors, officers, third party content providers,
successors or assigns be liable to you or any other person or entity for any indirect,
special, incidental, punitive or consequential damages of any character, including
without limitation, damages for loss of goodwill, work stoppage, computer failure
or malfunction, loss of data, loss of productivity or contract, or any and all other
commercial damages or losses. Your use of this site is at your sole risk and any
content that you download is downloaded at your own discretion and risk, and you
are solely responsible for any damage to your computer system in excess of the amount
GoSavant.com received from the subscriber for a subscription to access the ot, and
for any loss of data that results from the downloading of any such content, including
any damages resulting from computer viruses. In no event will GoSavant.com be liable
for any damages in excess of the amount GoSavant.com received from the subscriber
for a subscription to access the ot, even if GoSavant.com shall have been informed
of the possibility of such damages, or for any claim by any other party. In no event
will warranties provided by law, if any, apply unless they are required to apply
by statute notwithstanding their exclusion by contract. This disclaimer is applicable
to any damage or injury resulting from the negligence or an omission of gosavant.com,
computer virus or other similar item, telecommunications errors, or unauthorized
access to or use of user information through theft or any other means. GoSavant.com
is not liable for criminal, tortious, or negligent actions or omissions of third
parties that affect this site.
No dealer, agent, or employee of GoSavant.com is authorized to make any modifications,
extension, or additions to these limited warranties or disclaimers.
GoSavant.com disclaims all warranties, and shall have no liability for damages in
excess of the amount GoSavant.com received from the subscriber, arising from or
related to any support services for your use of the site.
The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and
limitations on damages, and such disclaimers or limitations on damages may not apply
to you.
15. Third Party Content; Hyperlinks
You acknowledge that GoSavant.com does not pre-screen third party materials. GoSavant.com
is not the publisher or author of any information on the Site that is provided by
third party content providers, and GoSavant.com is not liable for any claims related
to such information. Content provided by third parties is for informational purposes
only, and GoSavant.com’s use of the content constitutes neither an endorsement nor
a recommendation by GoSavant.com of the content. GoSavant.com assumes no responsibility
for third party products or services.
GoSavant.com may contain links and references to other third party websites and
materials. GoSavant.com does not assume any responsibility for these websites or
materials and provides these links or materials solely for the convenience of Users.
GoSavant.com does not endorse or otherwise recommend any of these third party websites,
references, or the products, services, or information there offered. GoSavant.com
may disable any hyperlink to the Site. GoSavant.com has the right but not obligation
to monitor third party websites and hyperlinks to the Site. GoSavant.com makes no
warranty, either expressed or implied, of the accuracy, merchantability, fitness
for a particular purpose, or non-infringement of the information provided by third
parties. This includes, but is not limited to, any information found on a link located
on this site that allows users to access information found on another site. Additionally,
gosavant.com does not warrant the existence or functionality of any website which
can be accessed through a link located on this site.
16. Indemnification
User agrees to defend, indemnify and otherwise hold harmless GoSavant.com and its
officers, directors, agents, employees, shareholders, successors and assigns from
and against any cause of action or claim, including court costs, expenses and attorney
fees, related to or arising from User’s Prohibited Conduct or other improper or
illegal use of the Site, or breach of these Terms.
17. Security; Authorized Use
Users are prohibited from violating or attempting to violate the security of the
Site. GoSavant.com has the right but not the obligation to investigate occurrences
of possible violations and will cooperate with all applicable law enforcement authorities
in prosecuting violators. GoSavant.com may suspend Your Access while it conducts
an investigation. Users are required to enter a e-mail and password to Access the
OT. To protect against unauthorized Access to Your account, it is recommended that
You close the browser when You have finished using the Site. You are responsible
for maintaining the secrecy of Your e-mail and password.
You represent and warrant that You are the person on whose behalf You claim to accept
these Terms, or, if You are entering into these Terms on behalf of a person or entity,
You represent and warrant that You have the power and authority to enter into these
Terms and bind the person or entity. You also represent and warrant that You are
an adult who is legally able to enter into these Terms.
You may not use the account, e-mail or password of someone else at any time. You
agree to notify GoSavant.com immediately of any unauthorized use or loss of Your
account, e-mail, password and/or credit card information. You also agree to notify
GoSavant.com immediately if You are aware of or suspect other unauthorized use of
the Site and/or the Site content. GoSavant.com will not be liable for any loss that
You incur as a result of someone else using Your e-mail and password with or without
Your knowledge. You may be held liable for any losses incurred by GoSavant.com,
its affiliates, officers, directors, employees, consultants, agents or representatives
due to someone else’s use of Your account, e-mail or password.
GoSavant.com will never ask You for Your password. If you need a new e-mail and/or
password, GoSavant.com will generate a link to reset your password automatically
through its computers and send it to your e-mail.
18. Termination of Agreement
In addition to GoSavant.com’s other rights, it may terminate this Agreement at any
time and at its sole and absolute discretion. GoSavant.com may also terminate Access
to the OT or cancel subscriptions to the OT without notice if it believes, in its
sole judgment, that You have breached or may breach any term or condition of this
Agreement, or engaged in conduct that GoSavant.com deems inappropriate.
19. Privacy Policy
GoSavant.com values Your trust. In order to honor that trust, all of GoSavant.com’s
employees are required to adhere to ethical standards in gathering, using, and safeguarding
any information You provide. For more information, please review GoSavant.com’s
Privacy Policy, the terms of which are incorporated into this Agreement as if set
forth in full.
20. Miscellaneous
These Terms constitute the entire agreement between GoSavant.com and User regarding
the subject matter hereof. Any previous agreement, whether oral or written, between
GoSavant.com and User dealing with the subject matter hereof is superseded. These
Terms may only be modified or amended in writing. If any portion of these Terms
is determined to be unenforceable for any reason, such portion will be deemed severed
and the remaining terms and conditions shall continue in full force and effect.
Upon User’s breach or threatened breach of these Terms, GoSavant.com may pursue
any legal or equitable remedy available, including but not limited to, direct, consequential
and punitive damages and injunctive relief. GoSavant.com’s remedies are cumulative
and not exclusive. Failure of GoSavant.com to exercise any remedy or enforce any
portion of this Agreement at any time shall not operate as a waiver of any remedy
or of the right to enforce any portion of the Agreement at any time thereafter.
User agrees that regardless of any statute or law to the contrary, any claim or
action arising out of or regarding this Agreement must be filed within one (1) year
after such claim or cause of action arose or be forever barred. By Accessing the
Site, User signs for and accepts this shortening of the statutes of limitations.
GoSavant.com makes no representation that the content of the Site is appropriate
or available for use in all locations. GoSavant.com operates this Site from the
United States and makes no representation that the Site complies with any foreign
or international laws. You agree to comply with all applicable local laws, including
any international laws, in using this Site. You may not assign Your rights or delegate
Your duties under these Terms. The parties agree that no third party is an intended
beneficiary of these Terms. GoSavant.com cannot provide notifications via post,
only e-mail.
21. Governing Law; Dispute Resolution; Forum and Venue
These Terms and any claim or action related to or arising from these Terms or content
on the Site shall be governed by Illinois law, without regard to any provision that
would make the laws of another jurisdiction applicable. All disputes between You
and GoSavant.com shall be finally resolved through binding arbitration in Chicago,
Illinois. The arbitration shall be conducted by one (1) arbitrator who is a retired
judge. The parties shall conduct discovery as agreed upon or as permitted by the
arbitrator. A party may file for an order on the arbitration decision exclusively
in the Illinois Superior Court, County of Chicago or the United States District
Court for the Central District of Illinois. The parties shall share equally the
costs of the arbitrator, arbitration body and arbitration facilities (if applicable).
Each party may bring a claim or action for injunctive relief without submitting
the claim to final and binding arbitration. Neither party shall have the obligation
to post a bond or demonstrate actual harm before bringing a claim or action for
injunctive relief. Each party consents to the exclusive jurisdiction and venue of
the Illinois Superior Court, County of Chicago or the United States District Court
for the Central District of Illinois for any equitable claim or other action related
to or arising from these Terms. Each party shall bear his/her/its own expenses and
attorneys’ fees related to any arbitration, claim or action.
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