Savhera PBC (“Savhera,” “we,” “us,” or “our”) welcomes you! We’re excited that you have decided to access and use our online services (the “Services”), which are made available to you through our website located at Savhera.com (the “Site”).

TERMS

We provide Visitors (those who do not register with us but want to explore the Site) with access to the Site, and Customers (those that register with us) with access to the Services subject to the following Terms of Service (the “Terms”). By browsing the public areas or by accessing and using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site and/or the Services. We may change the terms and conditions of these Terms from time to time, in our sole discretion. We encourage you to periodically review the Terms to stay informed of our updates.

COMMUNITY GUIDELINES

Like any community, Saverha’s community functions best when its people follow a few simple rules. By accessing and/or using the Site, you hereby agree to comply with these guidelines:

You will comply with all applicable laws in your use of the Site and the Services and will not use the Site or the Services for any unlawful purpose;

You will not access or use the Site and the Services to collect any market research for a competing business;

You will not upload, post, e-mail, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

You will not “stalk” or otherwise harass another;

You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site or the Services;

You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Site, or the Services;

You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Site, or the Services, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

You will not use, frame, or utilize framing techniques to enclose Savhera’s trademark, logo, or other proprietary information (including the images found on the Site and the Services, the content of any text, or the layout/design of any page or form contained on a page) without Savhera’s express written consent;

You will not use meta tags or any other “hidden text” utilizing Savhera’s name, trademark, or product name without Savhera’s express written consent;

You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

You will not interfere with or attempt to interrupt the proper operation of the Site and the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website and the Services through hacking, password or data mining, or any other means; and

If you find something that violates our Community Guidelines, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Site and the Services, or any portion of the Site and the Services, without notice, and to remove any comments that do not adhere to these guidelines.

USE OF PERSONAL INFORMATION/ PRIVACY/ SECURITY

Your use of the Services may involve the transmission to us of certain Personal Information. Our policies with respect to the collection and use of such Personal Information are governed according to our Privacy Policy, which is hereby incorporated by reference in its entirety.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account.

We reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Savhera that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Savhera or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Savhera content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content.

You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Savhera and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Savhera or our licensors except as expressly authorized by these Terms.

MINORS

Due to the nature of the Internet, we cannot prohibit minors from visiting the Site. If you are under 18, you may use the Site only with permission of a parent or guardian. Purchases of goods or services on the Site must be made by adults 18 years of age or older.

CUSTOMER CONTENT

Customers may post and/or create content through the Website and the Services, including but not limited to, reviews and comments about the Personalized Care/of Packs (collectively, the “Customer Content”). We cannot and do not review it all–we are merely acting as a passive conduit for distribution of the Customer Content to other users of the Website and the Services. That said, we may remove Customer Content that violates the terms of this Agreement, or that is offensive or otherwise unacceptable to us in our sole discretion.

Customers may post and/or create content through the Site and the Services, including but not limited to, reviews and comments (collectively, the “Customer Content”), and you expressly acknowledge and agree that once you submit your Customer Content for inclusion into the Website and the Services, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Customer Content, including, without limitation, any personally identifying information that you may make available.

YOU, AND NOT SAVHERA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CUSTOMER CONTENT THAT YOU UPLOAD, POST, E-MAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITE AND THE SERVICES.

You retain all copyrights and other intellectual property rights in and to the Customer Content. You do, however, hereby grant us a non-exclusive, royalty-free, sublicensable, transferable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your Customer Content as reasonably necessary to provide the Website and the Services.

If you submit Customer Content to us, each such submission constitutes a representation and warranty to Savhera that such Customer Content is your original creation (or that you otherwise have the right to provide the Customer Content), that you have the rights necessary to grant the license to the Customer Content under the prior paragraph, and that it and its use by Savhera and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates the terms of this Agreement.

REPOSTING OF YOUR SOCIAL MEDIA CONTENT

Savhera may, from time to time, use its social media accounts (including Instagram, Twitter, Facebook, LinkedIn, and Pinterest) to repost a consumer’s photos, experiences, or stories from their personal social media account. Savhera will never repost your personal social media content (“User Generated Content”) without first obtaining your express written permission.

By agreeing to allow Savhera to use your UGC, you represent and warrant:

You own all rights to the UGC and have the right to grant Savhera a license to use the UGC (including any material embodied in the UGC);

You have express permission from any person, living or dead, in the UGC to use their likeness;

The UGC does not contravene or infringe on anyone else’s copyright or other intellectual property, moral rights, privacy or publicity rights; and

The UGC does not in any way violate any law, or the applicable social media platform’s terms of use, privacy policy, or other applicable rules or conditions.

Further, by agreeing to allow Savhera to use your UGC, you agree to grant Savhera an irrevocable, perpetual, non-exclusive, fully paid-up, royalty-free, sub-licensable license and right to reproduce, transmit, display, comment on, edit, modify, alter, exploit, create derivative works based upon, combine with other works (and all copyrights therein and thereto and all renewals and extensions thereof), and otherwise distribute the UGC and all elements of the UGC, including without limitation, the photo and the likeness of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission, notification, attribution, or restriction from you or any third party.

You hereby release, discharge and agree to hold Savhera and any person acting on Savhera’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the UGC.

COMMUNICATIONS TO US

While we encourage you to e-mail us with comments and questions, you should not e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use anything contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that utilize and include such information.

 

EXTERNAL SITES/ THIRD PARTY ACCOUNTS

The Site and the Services may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.

We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk. We provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Savhera of the site or any association with its operators.

Certain services made available via the Site are delivered by third parties. By using any product, service or functionality originating from the Savhera domain, you hereby acknowledge and consent that we may share such information and data with any third party with whom Savhera has a contractual relationship to provide the requested product, service, or functionality on behalf of Savhera users and customers.

You will be able to connect your Savhera account to third party accounts. By connecting your Savhera account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless us and our officers, directors, employees, agents, successors, licensees and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of the Terms; (ii) your misuse of the Content, the Site, or the Services; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right, and (iv) your violation of any applicable laws, rules, or regulations.

COMPLIANCE WITH APPLICABLE LAWS

The Site and the Services are based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site, the Services, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction, and you agree that you will not use the Site and Content accessed in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

NO WARRANTIES/ LIMITATION OF LIABILITY

THE WEBSITE, THE PRODUCTS, THE CONTENT, THE CUSTOMER CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES, OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

THE WEBSITE AND THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE AND THE SERVICES. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE SERVICES AT ANY TIME WITHOUT NOTICE.

WE RESERVE THE RIGHT TO CANCEL OR MODIFY AN ORDER WHERE IT APPEARS THAT A CUSTOMER HAS ENGAGED IN FRAUDULENT OR INAPPROPRIATE ACTIVITY OR UNDER OTHER CIRCUMSTANCES WHERE IT APPEARS THAT THE ORDER CONTAINS OR RESULTED FROM A MISTAKE OR ERROR.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAVHERA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

CLASS ACTION WAIVER

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Savhera agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

TERMINATION OF THE AGREEMENT

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. We reserve the right to change, suspend, or discontinue all or any part of the Terms at any time without prior notice or liability.

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

MISCELLANEOUS

This Agreement is governed by the laws of the State of Texas. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the provisions of this Agreement, which shall remain in full force and effect.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.