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TERMS OF USE

The website through which you accessed these Terms of Use (“Site”) is operated by SAVE, a nonprofit organization recognized under Section 501(c)(3) of the Internal Revenue Code, and its affiliates (collectively, “SAVE,” “we,” or “us”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By accessing or using the Site, you agree that these Terms of Use create a legally binding agreement between you and SAVE.

SAVE reserves the right to modify these Terms of Use at any time. Any changes will be effective upon posting to the Site. By continuing to use the Site after modifications are posted, you agree to be bound by those changes. You should review this page periodically to ensure you are aware of the most current Terms of Use. Certain areas of the Site or specific programs, services, or features may be subject to additional policies, terms, or conditions (“Additional Terms”). All Additional Terms are incorporated into and made part of these Terms of Use. In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will control with respect to the applicable portion of the Site. These Terms of Use incorporate by reference any other notices contained on this Site and constitute the entire agreement between you and SAVE with respect to your access to and use of the Site.

Electronic 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 so that we may respond to your communications. We may 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.

 

Ownership

The Site, including all content, design, text, graphics, logos, images, audio clips, video, downloads, data compilations, and software, is the property of SAVE or its content suppliers and is protected by United States and international copyright, trademark, and other applicable laws. Except as expressly permitted in these Terms of Use, no content from the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without the prior written consent of SAVE or the respective rights holder. You may not use SAVE’s name, logo, trademarks, or other proprietary materials without our prior written permission. All rights not expressly granted in these Terms of Use are reserved by SAVE.

 

Copyright Policy

SAVE respects the intellectual property rights of others and does not permit copyright-infringing activities on its Site. SAVE complies with the Digital Millennium Copyright Act (“DMCA”) and will respond to properly submitted notices of alleged infringement in accordance with applicable law. If you believe that content on the Site infringes your copyright, you may submit a notification consistent with the DMCA by emailing save@save.lgbt. Upon receipt of a valid notice, we may remove or disable access to the allegedly infringing material as required by law.

 

Conduct and Site Securit

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms of Use. Any conduct that, in our sole discretion, restricts, inhibits, or interferes with another person’s ability to use or enjoy the Site is prohibited. You may not access or use the Site to collect information about other users; violate or attempt to violate the security of the Site; or use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Site or any activity conducted on the Site. Violations of system or network security may result in civil or criminal liability.

 

Links

You may create a text-only hyperlink labeled “SAVE Web site” to our homepage (www.save.lgbt), provided the link does not portray SAVE in a false, misleading, derogatory, or otherwise offensive manner. You may not frame the Site or use any SAVE logo, graphic, or trademark as part of the link without our express written permission. To request permission to use SAVE’s logo, graphics, or trademarks, please email save@save.lgbt. SAVE reserves the right to revoke linking permission at any time and for any reason.

 

Monitoring

SAVE reserves the right, but not the obligation, to monitor areas of the Site and to remove or edit content that we determine, in our sole discretion, to be objectionable, unlawful, or inconsistent with our mission or these Terms of Use. Except as required under our Copyright Policy or applicable law, SAVE disclaims any obligation to screen or remove materials. SAVE further reserves the right to disclose any content, records, or electronic communications if required by law, regulation, court order, or if such disclosure is necessary to operate the Site or protect the rights, property, or safety of SAVE, its users, partners, affiliates, sponsors, service providers, or others.

 

Mobile Services

If you elect to receive any wireless or mobile communications from SAVE, including text message updates or alerts, you agree to be bound by our Wireless Marketing Services Terms as described on the Site.

Third Party and Co-branded Sites

The Site may contain links to third-party or co-branded websites that are not owned or controlled by SAVE. SAVE is not responsible for the operation, content, privacy practices, or technologies used by such websites. Your use of third-party websites is at your own risk. SAVE reserves the right to modify or remove links at any time without notice.

 

Submissions

You may have the opportunity to submit comments, ideas, feedback, or other materials to SAVE or through the Site (collectively, “Submissions”). By submitting any Submissions, you acknowledge that they will not be treated as confidential and you grant SAVE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions worldwide in any media. You represent that you have the right to provide such Submissions and that they do not violate the rights of any third party.

 

Disclaimers

YOU ACKNOWLEDGE THAT THE SITE AND ALL INFORMATION, CONTENT, AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. SAVE DOES NOT WARRANT THAT THE SITE OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM SAVE, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT OR SERVICES PROVIDED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE, THE AGGREGATE LIABILITY OF SAVE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY LAW.

 

Indemnities

You agree to indemnify, defend, and hold harmless SAVE and its officers, directors, employees, agents, contractors, licensors, and suppliers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms of Use or your use of the Site.

 

Applicable Law

By visiting the Site, you agree that the laws of the State of Florida, without regard to its conflict of law principles, will govern these Terms of Use and any dispute that may arise between you and SAVE.

 

Disputes; Arbitration; Waiver of Jury Trial and Class Actions

Any dispute relating in any way to your access to or use of the Site shall be resolved by confidential, final, and binding arbitration in Miami, Florida, except that SAVE may seek injunctive or other equitable relief in state or federal court in Miami, Florida, for intellectual property claims. Arbitration shall be conducted in accordance with the rules then in effect of the American Arbitration Association, and the arbitrator shall apply Florida law. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. YOU AND SAVE AGREE THAT ANY DISPUTE SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND YOU EXPRESSLY WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. If any portion of this arbitration provision is found unenforceable, the remaining provisions shall remain in full force and effect.

 

Intellectual Property Claims by SAVE

In the event SAVE asserts intellectual property claims against you, SAVE shall have the right to bring such claims in any state or federal court located in Miami, Florida, and you consent to the exclusive jurisdiction and venue of such courts.

 

No Waiver

SAVE’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

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