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eSave Terms of Use

 

By logging on to esave for any reason whatsoever and by clicking I accept button on the Terms and Conditions on the http://www.esave.net or http://demo.esave.net web site you agree with the terms and conditions set out below. Now in consideration of the above or by giving esave a payment method, or other consideration of a subscription fee, which may or may not be incorporated herein by reference, or by receiving a username and password from esave.net for using the esave.net internet software, you may begin to use your esave.net account or browse the esave.net web site. The following are the terms and conditions for use of all esave.net services including other services which may be offered for others hosted through the esave.net web site (hereinafter ,Web Site) for use with your esave.net account (each feature individually and collectively referred to as the "Service"). Please read them carefully.


This Service is provided to individuals who are at least 18 years old. BY CLICKING THE "I ACCEPT" BUTTON YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("TOS").


The Service or content is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

 

YOUR ACCOUNT, PASSWORD AND SECURITY


If you simply want to open an account with esave.net, you must also open an account with each of the food purveyors (hereinafter "Food Purveyor"), and with whom you may wish to place an order. Then, if you agree with all the rules and conditions of each Food Purveyors, you must provide esave.net with current, complete and accurate information as prompted by the Welcome letter from esave. If you do not receive a welcome letter then it is your responsibility to request and receive one.

 

You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.


You are fully responsible for obtaining product list(s) and giving them to esave.net,this being all lists and to include your master list this being all the products you have purchased for the previous 60 days from your chosen purveyors, by Brand, Product description, pack size and whom you purchased the most for any particular product, from all of your Purveyors of your choice and for setting up your correct comparable list. In the event esave sets up your comparables being items numbers for each purveyor, you are still responsible for the accuracy of this list and all items pertaining to this list. Any purchases made using the Service and/or using the Web Site, and any comparables set up using the Service and/or using the Web Site are your sole responsibility, and esave.net has no liability or responsibility for your purchases or for the incorrect set up of your comparable list.


You may give esave.net your previous 60 day invoices from the purveyors that you select and esave will provide this service for you, esave is not responsible for the accuracy of this list and esave may select for you to do either of the 2 options.


All payments to esave.net start immediately once you give esave any payment method,and will continue for a six month period and will continue each month thereafter, unless after the six month period you give esave a registered written letter of cancellation to Esave.net. 19090 Two River Lane, Boca Raton,Florida.33498. You further agree that you will not reverse any payment on your given credit card or pre-authorized bank payment for whatever reason whatsoever, regardless if you have started using the program or set up your master list.


In the event esave is not able for any reason to do your item list then you must have them done with each purveyor.


You are responsible for all payments, charges and penalties owed to your Food Purveyor as a result of your use of the Service.


You agree to abide by all the rules and conditions of each Food Purveyors at all times while you use the Service.


In the event that a Food Purveyor prevents you from using the Service, or does not give you weekly email updated on your order guides and prices, then you agree to not use such Food Purveyor until there Web Site and email is rectified for that purveyor.


You agree that even if you are or not online with a purveyor, then you will have the purveyor email you your weekly updated order guide and prices and this email will be forwarded to esave.net. And in the event you do not get such an email from your purveyors and esave has to do this work manually or automatically, then there will be a weekly charge of up to $15.00 a week to you.


You agree to notify esave.net immediately of any unauthorized use of your account or any other breach of security.


PRIVACY


It is esave.net's policy to respect the privacy of its customers. Esave.net will not monitor, edit, or disclose any personal information about you or your use of the Service, without your prior permission unless esave.net has a good faith belief that such action is necessary or may help better your prices or products for any items and to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of esave.net; (3) enforce the TOS; or (4) act to protect the interests others in esave’s sole discretion. Esave.net records your Internet Protocol address. You agree that esave.net may access your account, including its contents, as stated above or to respond to service or technical issues that may or may not be brought on by yourself.


NON-COMPETE


You agree hereby represent and warrant that you are currently are not in competition with esave.net and have no intention to compete with esave.net You hereby represent and warrant to that you are currently under no contract or agreement with a competitor of esave.net. That you will only use esave.net for your comparative software and the features that esave.net offer and will use no competing product.


SOFTWARE


Any software that we make available for use through our Web Site and/or our servers (the "Software") is the copyrighted work of esave.net or its licensors. Your use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (the "License Agreement"). Please carefully read the License Agreement to determine the full extent of conditions governing the use of such Software or emails. Reverse engineering of the Software or the Web Site is expressly prohibited.


ACKNOWLEDGMENT


You acknowledge that Internet communications may be disrupted at any time, and that you assume the risk that, at any time and without any warning, you may be unable to use the Web Site. Is it your sole responsibility to have the purveyors email you weekly, your updated order guides and prices even if you are online with the purveyors. In the event the purveyor does not submit the updated order guides and prices to you, then you will not use said purveyor till this has been done correctly by the said purveyor.


TERM


The termination date of this agreement shall be the last day of the term set forth in the subscription agreement. However esave may charge you a lesser or greater monthly fee depending on the circumstances, this fee will reflect in a monthly fee agreed upon by giving your credit card ,bank details or billing information to esave.net or one of its representatives. If this amount is not what you agreed on then you have 15 days to respond in writing to esave.net to dispute this payment. If you do not dispute this payment within the 15 day period then no further same amounts per month may be disputed by you. You will not be allowed to use your esave.net account after the termination date of this agreement without first renewing your subscription. If you do not notify esave.net by registered mail to esave.net 19090 Two River Lane, Boca Raton, Florida, 33498 of your intent to cancel your subscription at least thirty (30) days before the termination date, then your subscription will automatically renew for the same one year term as the original agreement, and you agree to pay a renewal subscription fee to maintain your esave.net account for another term for the same length of time as your first subscription. This renewal will automatically renew every month on these conditions.


Esave has the right to increase your fee by 10% per annum, starting in each 6 month period.


There will be a onetime set up fee from esave.net to you on start up.


OTHER LIMITATIONS


Esave.net reserves the right to limit use of its Service. You agree that esave.net is not responsible or liable for the deletion or failure to store orders or other information.


As a condition of your use of the Service, you warrant to esave.net that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.


You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree not to:


  1. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
  2. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs.
  3. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
  4. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
  5. Interfere with other individuals or entity's use and enjoyment of the Service.

Esave.net has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, esave.net reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.


LINKS TO THIRD PARTY SITES


There are links included within the Service that may let you leave the Web Site ("linked sites"). The linked sites are not under the control of esave.net and esave.net is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Esave.net is not responsible for webcasting or any other form of transmission received from any linked site esave.net is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by esave.net of the site or any association with their operators.


INDEMNIFICATION


You agree to indemnify and hold esave.net, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.


You agree to defend, at your expense, any action brought against esave.net arising out of your use of the Service with any third parties or from your willful misconduct. You will indemnify esave.net from any costs, damages and fees incurred by esave.net which are attributable to such a claim. You will reimburse esave.net the full cost of any and all losses your use or misuse of the Service may incur, and you authorize esave.net to recover such losses without prior notice by any means.


TERMINATION


Esave.net may terminate your access to any part or all of the Service at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. Esave.net may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by esave.net. Upon termination of the Service, your right to use the Service immediately ceases and all saved information will be lost indefinitely.


In the event that an account is hijacked, or a password is stolen, you should contact esave.net as soon as possible.


PARTICIPATION IN PROMOTIONS OF ADVERTISERS


Any dealings with Food Purveyors on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Food Purveyors or other third parties. Esave.net shall not be responsible or liable for any part of any such dealings or promotions.


PROPRIETARY RIGHTS TO CONTENT


You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material electronically distributed, commercially produced information presented to you by the Service or by Food Purveyors, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.


GENERAL


The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Esave.net may make improvements and/or changes in the Service at any time.


Esave.net does not represent or warrant that the Service will meet your needs; be uninterrupted; be completely secure; or be free from errors; or that defects will be corrected; or that the Service or the server that makes it available, are free of viruses or other harmful components. Esave.net does not represent or warrant that the results of the use of the Service will be correct, accurate, timely, or otherwise reliable.


You specifically agree that esave.net shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that esave.net is not responsible or liable for infringement of another's rights, including intellectual property rights. You specifically agree that esave.net is not responsible for any content sent using and/or included in the Service by any third party.


This agreement is governed by the laws of the State of Florida and laws of the United States of America.


Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.


You agree that no joint venture, partnership, employment, or agency relationship exists between you and esave.net as a result of this agreement or use of the Service.


Esave.net's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of esave.net's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by esave.net with respect to such use.


If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.


Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and esave.net with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and esave.net with respect to the Service.


A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


You and esave.net agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.


Any rights not expressly granted herein are reserved.


DISCLAIMER OF WARRANTIES


THE SERVICE IS PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ESAVE.NET, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SHOULD ANY PART OF THIS DISCLAIMER NOT BE ALLOWED UNDER CERTAIN JURISDICTIONS, THOSE PARTS MAY NOT APPLY TO YOU.


EXCLUSIVE REMEDY


Esave.net's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to esave.net for use of the Service. In no event shall esave.net be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the service or related web sites, with the delay or inability to use the service or related web sites, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the service, or otherwise arising out of the use of the service, whether based on contract, tort, negligence, strict liability or otherwise, even if esave.net and/or the Food Purveyors has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the service and its related web sites.


MODIFICATIONS TO TERMS OF SERVICE


Esave.net reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on the Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. The jurisdiction shall be deemed to the state or Florida.


CONTACTING US


If you have questions about the Service or this Agreement, please contact esave.net at info@esave.net or call 561-901-2324.