Simple Savings Guide Terms of Service

Effective: July 1, 2020

These Terms of Service (the “Terms), together with our Privacy Policy, govern your use of simplesavngsguide.com, our related software applications, and other online services (collectively, “Services”) provided by Protonmeds LLC (“Protonmeds”, “SSG”, “we”, “us”, or “our”)). The Services include, but are not limited to, the website located at www.simplesavingsguide.com, the SSG mobile application and our Expert Tips and Discussion Forum.

By using our sites and services, you are a "user" and you accept and agree to these Terms as a legal contract between you and us. Unless expressly permitted by supplemental terms, our sites and services are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.

We may make changes to these Terms at any time and reserve the right to do so without your consent. Any changes will become effective at the time of posting. If you continue to use our Site after the posting of changes to these Terms, you will be deemed to have accepted these changes to the Terms.

Accounts

A user will need to create an account in order to use certain Services.  All the information you provide when you create your account must be true, accurate, current and complete.  You are responsible for all activity in your account, so please secure and protect your login information and password. The purchase and sale of accounts and the creation of accounts for others is expressly prohibited.

Offers

Users will find third party discount coupons, deals, advertisements and other offers on the Services (“Offers”). Offers are for products and services provided by third parties (each, a “Seller”), and if you choose to accept an Offer, the transaction will be between you and the Seller.

SSG has affiliate relationships with certain Sellers, and may receive compensation for your purchase from, or other interactions with, these Sellers.  SSG is not a party to, or in any way responsible for, your transaction with a Seller, including when we have an affiliate relationship with Seller.  We are not responsible for fulfilling any Offers.

SSG may allow you to accept Offers or make other purchases from Sellers on our Services, using our checkout tools. While our platform helps facilitate your purchase, the transaction is solely between you and the Seller. You will need to contact the Seller directly for customer service issues, including questions about the products or services for sale, order status inquiries and refund requests. SSG does not provide any warranties or other protections for your purchase.

Before you purchase a product or service or otherwise accept an Offer, please read the entire description of the Offer, including the fine print and any additional terms and conditions set forth on the Seller’s website.  You are responsible for understanding what you are buying and for following the Seller’s instructions.  The terms and conditions of Offers, including refund and cancellation policies, are governed by the Seller’s policies, not ours.  Please contact the Seller directly for questions regarding the Offer or your transaction with Seller.

Your Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You may post content, including photos, comments, links, Offers, and other materials on, or using, our Services. Anything that you post or otherwise make available on the Services is referred to as “User Content.”  When you post User Content, you represent and warrant that you have all rights necessary to do so, including but not limited to having sufficient intellectual property rights in the User Content, and that to the best of your knowledge, the User Content complies with all applicable laws.

You automatically grant and assign to SSG, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post). Nothing in these Terms shall restrict other legal rights SSG may have to User Content.  We are not obligated to review or monitor User Content but we reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

We do not guarantee how quickly your User Content will appear on the Services or how and where it will appear. We reserve the exclusive right to describe, categorize and place Offers in our sole discretion.

Following termination or deactivation of your account, we will retain and use your account information and any User Content in accordance with these Terms and our Privacy Policy (found at https://simplesavingsguide.com/privacy-policy).

We value hearing from you, and are always interested in learning about ways we can improve the Services. If you choose to submit comments, ideas or feedback, you agree that we may use them without restriction and without any compensation, attribution or accounting to you.

Your Obligations

In addition to your other responsibilities under these Terms, you must comply with the following:

  • You must be at least age 18 or legally able to form a binding contract in order to open an account or use the Services.  You may not use the Site or our services under any circumstances if you are under age 18.

  • You may only open one account.  Any additional accounts created without the express written permission of a SSG’s administrator will be banned and/or closed.

  • You must abide by all applicable laws and refrain from violating any third-party rights. You must comply with any applicable third-party terms in connection with your use of the Services.

  • You must comply with all policies posted on the Services.

  • You must have all necessary rights to any User Content you post on the Services, including intellectual property rights.

  • You may not transfer your SSG account to another person without our written consent.  Accounts that have been terminated for failing to comply with these Terms may not be reopened under another name.

  • You may not use the Services to collect information about other users, such as email addresses, and you may not distribute or post spam, send unsolicited communications or circulate bulk emails.

  • You must provide accurate and honest information to us at all times, including in your User Content.

  • You may not post User Content that is misleading, deceitful or illegal, or that encourages Users to visit a website or complete a transaction that is illegal.

  • Your Offers may only include products or services that fall within the categories shown on the Services.

  • You may not reproduce, distribute, modify, prepare derivative works of, translate, reverse engineer, reverse compile or disassemble the Services or any portion of the Services.

  • You may not derive the source code of the Services for any reason.

  • You may not rent, sell or sublicense any of the Services.

  • You may not damage, interfere with, disrupt or unreasonably overload the Services.



Our Content and Proprietary Rights

All of the content on our Site is owned by us or our licensers and is protected by US and international copyright laws. You may not copy, repurpose or distribute content found on the Services, including Offers, for any purpose, without our express written permission. For example, you may not copy our Offers onto any website or app. Without limiting the foregoing, the use of our content for commercial purposes is forbidden unless you have our express written permission. You may make one copy of extracts from this Site on any single computer for personal, individual use only, provided that all copyright and proprietary notices are kept intact.

You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). SSG or its licensors are the exclusive owners of all software, graphics, designs, technology and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Services. Except as set forth in these Terms, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. All rights not granted under these Terms are reserved by us.

Reporting Infringement

We respect intellectual property rights, and expect our users to do the same.   If you believe that your intellectual property rights have been violated, please inform us by emailing us at simplesavingsguide@gmail.com

Suspension and Termination

We may suspend or terminate your account for any reason or no reason.  Possible reasons for suspending or terminating an account include if you violate the Terms, cause liability to other users of the Services or do not use your account.

Contact Information

We may contact you using the contact information you provide us, including by email, phone or your mailing address.  We may need to contact you about your use of the Services or your account, or to provide announcements about the Services.   We also may contact you to provide you with promotional offers and other marketing.  If you wish to opt out of marketing emails, please send an opt out request to simplesavingsguide@gmail.com.

We comply with all applicable laws and regulations on sending e-mails, including the CAN-SPAM Act.

You can also contact us at:

Protonmeds, LLC
6 Connor Dr, Acton, MA 01720

Privacy Policy

Our Privacy Policy can be found here: https://simplesavingsguide.com/privacy-policy

Indemnity

You will indemnify, defend, and hold harmless SSG, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives and the other users of our services (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) incurred by any Covered Entity in any way arising out of or relating to these Terms, your use of the Services and your User Content.  We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, at your expense.  You agree to cooperate with our defense of such claim.

Disclaimers

SSG is not a party to the transactions between you and a seller.  We do not control the products or services associated with offers, including their availability or seller’s right to sell them.  We do not guarantee the truth or accuracy of the offers.

Your access to, use of and reliance on our sites and services and content accessed through our sites and services is entirely at your own risk. Our sites and services (including, without limitation, the websites, programs, services, forums and content accessed through the websites, programs, services and forums) is provided on an "as is" or "as available" basis without any warranties of any kind.

All express and implied warranties (including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights) are expressly disclaimed.

Without limiting the foregoing, we also disclaim all warranties for or with respect to: (a) the security, reliability, timeliness, accuracy and performance of our sites and services and content accessed through our sites and services; (b) computer worms, viruses, spyware, adware and any other malware, malicious code or harmful content or components accessed, received or disseminated through, related to or as a result of our sites and services or content accessed through our sites and services; and/or (c) any transactions or potential transactions, goods or services promised or exchanged, information or advice offered or exchanged, or other content, interactions, representations or communications through, related to or as a result of use of our sites and services or content accessed through our sites and services (including, without limitation, accessed through any links on our sites and services or in content).

These disclaimers will apply to the fullest extent permitted by law. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Covered Entities shall not be liable for any direct, consequential, incidental, indirect, special, punitive or other damages (including but not limited to lost profits, business interruption or loss of business information) arising out of or related to these Terms or the use of or inability to use the Services, even if we have been advised of the possibility of such damages.  If the foregoing limitation is not legally enforceable, the maximum liability of all Covered Entities collectively, for all actions arising out of or related to these Terms, the Privacy Policy, and the Services is $5.00.  Some jurisdictions do not allow limits of liability for some types of damages, so all or part of this limitation may not apply to you.

Miscellaneous

  • These Terms incorporate any policy that is posted on the Services, including our Privacy Policy, our Acceptable Use Policy (Rules) and our Terms and Conditions for SSG Giveaways, Promotions and Offers.

  • We will be entitled to recover all costs, including attorneys’ fees, that we incur in order to enforce these Terms.

  • Any notices required or permitted by these Terms (other than legal process) may be given by email with the proviso that we will email your account address and you will email us at simplesavingsguide@gmail.com.  Email notices will be deemed effective 24 hours after the time of sending.  Mailed notices will be deemed effective three calendar days after the date of mailing.

  • You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.

  • You cannot assign your rights under these Terms without our written agreement.  We can assign our rights and obligations to any entity or entities that agree to be bound by these terms.

  • You represent and warrant that (1) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country; and (2) you are not listed on any US government list of prohibited or restricted parties.

  • These Terms and your use of the Services is governed by the laws of the State of Kentucky (excluding choice of laws principles).

  • The parties will resolve any disputes in the courts of Louisville, KY, except for any optional arbitration as described next.  Excluding claims for equitable relief, if the total amount in dispute is less than $10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction.  Notwithstanding our right to change these Terms (as described at the top of this page), we may not contravene our obligation to arbitrate any claim that arose prior to the change in the Terms.

  • Any claim (in court or in arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or class member in any class action or other similar proceeding.

  • The Terms (including all policies incorporated by reference) are the entire agreement between you and SSG.  They replace any other agreement between us on this subject.  If any provision of these Terms is deemed invalid, then that provision will be revised, limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.  No waiver will be effective unless it is described in an explicit writing and signed by SSG.

  • If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

  • You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into our sites and services any suggestions, enhancement requests, recommendations or other feedback provided by you.

  • Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.