Privacy Policy

About Us

Scan & Save is owned by Crown Jewell and 10% of all profits will go towards H.E.L.P.S. Worldwide, a non-profit organization founded to assist in enhancing the quality of life for people in both the U.S. and developing countries around the world.  Our desire is to lead initiatives that will impact individual lives and communities for positive social change.

About the App

Scan and Save is your virtual wallet.   It is the best way to save receipts, coupons, and gift cards on your phone.  Keeping physical copies of receipts, gift cards and coupons is a pain but this app simply captures and stores your receipts (using your phone camera).

Have you ever been out at the store and wanted to return an item but lost the receipt or didn’t have it with you at the time.  What about needing a coupon you left at home?  Or not having the gift card on you when you need it.  Scan & Save allows you to never have to worry about saving paper receipts, coupons and gift cards.  It is considered a virtual wallet to store those items that you tend to forget or lose.  SCAN your OCR barcode receipt, add a few pieces of information and SAVE in a special folder on your app.

Scan & Save is threefold: 1) it will allow you to take a picture of the barcode of a receipt so you can return items without a paper receipt; 2) it will allow you to take a picture of the barcode of your coupons so you are never have to carry paper coupons again; and 3) it will allow you to take a picture of the barcode on your gift cards so you will always have them with you. You then can organize them into a folder by store name.  Scan & Save will also remind you whenever a coupon is about to expire and will keep a running account of your gift card remaining amount.

 [NOTE: Unlike other apps, you will only be able to use your coupon once; therefore, you are not able to share with others because of ethical reasons.  This is your personalized wallet to virtually hold all your receipts, coupons, and gift cards.]

Privacy Policy

 This Privacy Policy governs the manner in which Scan & Save collects, uses, maintains and discloses information collected from users (each, a “User”) of the https://www.scanandsaveapp.com website (“Site”). This privacy policy applies to the Site and all products and services offered by Scan & Save.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, fill out a form, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information

Scan & Save may collect and use Users personal information for the following purposes:

To improve customer service: Information you provide helps us respond to your customer service requests and support needs more efficiently.

To process payments: We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.

To send periodic emails: We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Changes to this privacy policy

Scan & Save has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Scan & Save
https://www.scanandsaveapp.com
scanandsaveapp@gmail.com

This document was last issued on November 1, 2018

Terms & Conditions

The following terms & conditions apply to the use of the Scan & Save service.

Effective Date: November 1, 2018

Acceptance of Terms

Scan & Save, Inc. (hereinafter referred to as “Scan & Save“, “we“, “us“, or “our“) allows you to scan and save all your receipts, coupons and gift cards which will allow a digital marketplace in the United States of America (the “Services“) which includes, and is accessible via, (i) the website published at http://www.scanandsaveapp.com (and any other websites with Scan & Save branding that link to these Terms) (collectively, the “Site”) and (ii) mobile-device applications that are branded as Scan & Save and link to these Terms (collectively, the “Application”). The Services, for example, will allow users to store all receipts, coupons and gift cards in one place plus allow users to access coupons of certain third-party merchants (“Merchants”) for online or in-store use. By using the Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services, and constitute a binding legal agreement between you and Scan & Save. Please read carefully these Terms and our Privacy Policy, which may be found at http://www.scanandsaveapp.com/static/privacy, and which is incorporated by reference into these Terms.

If you do not agree to these terms, please do not use the Services.

Modification. Scan & Save may change these Terms from time to time, on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Services, at its sole discretion. Your continued use or accessing of the Services following the posting of any changes to the Terms constitutes your acceptance of such changes. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these Terms being deemed illusory or unenforceable.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Site, Application or Services, including but not limited to all content, services, digital products, tools or products, is hereby expressly prohibited.

Community

2.1 Registration

To utilize certain portions of the Services, you may be required to complete a registration process and establish an account with Scan & Save (“Account“). You represent and warrant that all information provided by you to Scan & Save is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

2.2 Password and Security

As a registered user of the Services, you may establish a user name and one password. You are solely responsible for maintaining the confidentiality and security of your password(s) and Account(s). You understand and agree that you are individually and fully responsible for all actions and postings made from your Account(s). Any accounts you create are not transferrable. You agree to notify Scan & Save immediately if you become aware of any unauthorized use of your Account(s).

2.3 Privacy

Scan & Save respects the privacy of our users. The Privacy Policy provided via the Site and Application, and which may be found at http://www.scanandsaveapp.com/static/privacy, is expressly incorporated herein by reference and made a part of these Terms.

2.4 License to Scan & Save

By providing any feedback, suggestions, ideas, and other submissions to Scan & Save, you are granting Scan & Save a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Scan & Save’s license rights to others. You further waive any and all moral rights in and to such content in favor of Scan & Save. For greater certainty, this means that, among other things, Scan & Save has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

2.5 Acts Against the Services

Scan & Save hereby grants you a limited, non-exclusive, non-transferable, license to access and use the Services as provided by Scan & Save solely for your personal use and enjoyment in the manner permitted by these Terms. You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following:

(a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Services; (g) violating or attempting to violate any security features of the Services; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (k) causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Scan & Save; (l) tampering with the operation, functionality, or the security of the Services; (m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (r) engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep-linking to any portion of this Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of Scan & Save or the Merchants promoted via the Services; (w) hyperlinking to the Services from any other website without our initial and ongoing consent; (x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Scan & Save; (y) reselling or repurposing your access to the Services or any purchases made through the Services; or (z) using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Scan & Save to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Scan & Save, including without limitation, aggregating current or previously offered coupons or deals.

Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer’s functionality or operation.

Content

3.1 Information Accuracy

Scan & Save makes no representation or warranty as to the accuracy or fitness for use of any offers, including, but not limited to, coupons, rebates, discounts, etc. posted via the Services or that any third party will honor or acknowledge any such offers, coupons, rebates, discounts, etc. posted via the Services. Scan & Save is not responsible for providing any value for any offers, coupons, rebates, discounts, etc. posted via the Services. Scan & Save is not responsible for the change of information at third party sites or stores including but not limited to rebate information, pricing, availability or fitness for use. You understand that Scan & Save does not and cannot review all material made available through websites linked or linking to any part of the Services. Scan & Save does not warrant that the Services or any functions contained in Scan & Save content available via the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL SCAN & SAVE OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S OFFERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER SCAN & SAVE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

3.2 Linking

You understand that any linking to or from the Services does not imply in any way that Scan & Save is endorsed by any third party or that Scan & Save endorses or is affiliated with any third party or any third-party website. You agree that Scan & Save bears no responsibility or liability for any content accessed or harm caused from any third-party website. Other websites may collect and treat information they collect differently, so we encourage you to carefully read and review the privacy policy and terms of use for each website you visit.

3.3 Trademark Information

You agree that all of Scan & Save’s trademarks, trade names, service marks, and any other logos and brand features  (i.e. “Scan & Save”) that are displayed via the Services (collectively, the “Marks“) are trademarks and the property of Scan & Save. You agree not to display or use Scan & Save’s Marks in any manner without Scan & Save’s prior permission. Third-party trademarks are the property of their respective third-party owners. Presence of a third-party trademark on the Services does not mean that Scan & Save has any relationship with that third party or that such third party endorses the Services or Scan & Save.

3.4 Intellectual Property Ownership

All right, title and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to these Terms, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Scan & Save or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or are the confidential information of Scan & Save or its licensors. Nothing in these Terms or otherwise will be deemed to grant to you an ownership interest in the Services, in whole or in part. All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Scan & Save, its licensors, or applicable third party rights holders (such as Merchants), and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under copyright laws and international treaty provisions, and Scan & Save owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Scan & Save and its licensors irreparable injury, which may not be remedied at law, and you agree that Scan & Save and its licensors’ remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.

3.5 Digital Millennium Copyright Act Policy

Notice and Takedown Procedure

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA“). This section describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of the Services will comply with applicable copyright laws. If Scan & Save receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user Account(s), regardless of whether we may be liable for such infringement under applicable law.

If we remove or disable access to the Services in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent

Scan & Save’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Scan & Save
9801 Apollo Drive #7312
Largo MD 20792
Attn: Legal Department
Email: scanandsaveapp@gmail.com

Upon receipt of proper notification of claimed infringement, Scan & Save will follow the procedures outlined herein and in the DMCA.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Scan & Save’s Designated Agent (listed above) the following information in a written communication (preferably via email):

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Scan & Save to locate the material on the Site or Application;

Information reasonably sufficient to permit Scan & Save to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and

A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Scan & Save’s Designated Agent (listed above) the following information in a written communication (preferably via email):

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

Your name, address, and telephone number;

The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”;

The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”;

The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and

Your signature, in physical or electronic form.

Upon receipt of such counter notification, Scan & Save will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Scan & Save will replace the removed material or cease disabling access to it in 10 business days. Scan & Save will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, Scan & Save will, in appropriate circumstances and in its discretion, disable and/or terminate the accounts of users who are repeat infringers.

Disclaimer, Release, & Limitation of Liability

4.1 Disclaimer

The services are provided by scan & save on an “as is” and “as available” basis. Scan & save makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products available via the services. You expressly agree that your use of the services is at your sole risk.

To the full extent permissible by applicable law, scan & save disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Scan & save does not warrant that the services, its servers, or e-mail sent from scan & save are free of viruses or other harmful components.

4.2 Release

You are solely responsible for your interactions with merchants and other users of the site. To the extent permitted under applicable laws, you hereby release scan & save from any and all claims or liability related to any product or service of a merchant, any action or inaction by merchant, including merchant’s failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

4.3 Limitation of Liability

Scan & Save will not be liable for any damages of any kind arising from the use of this services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

4.4 Applicability

The laws of certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Dispute Resolution

5.1 Law and Forum for Legal Disputes

These Terms or any claim, cause of action or dispute (“claim”) arising out of or related to these Terms shall be governed by the laws of the state of Maryland regardless of your country of origin or where you access our services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Scan & Save agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in Prince Georges County, Maryland except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Scan & Save agree to submit to the personal jurisdiction of the courts located within Prince Georges County, Maryland for the purpose of litigating all such claims. Notwithstanding the above, you agree that Scan & Save shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

5.2 Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

Other

6.1 Indemnities

You acknowledge and agree to indemnify and hold Scan & Save, its affiliates, officers, employees and agents, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Services, your violation of these Terms, the infringement by you or made under your Account(s), of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by you in connection with the Services.

6.2 Third Party Legal Notices

Certain features of the Services are subject to third party terms and conditions. For example, our Application for Android-based mobile devices utilizes the Google Maps Android API and, as a consequence, is subject to the legal notices published at this link. Also, we are required to inform you that our Application for iOS-based mobile devices (“our iOS App”) is subject to the following terms imposed by Apple, Inc. (“Apple”): (i) these Terms are between Scan & Save and you only, and not with Apple. Apple is not responsible for our iOS App and the content thereof; (ii) your license to use our iOS App is limited to a non-transferable license to use the iOS App on an iOS product that you own or control and as permitted by the usage rules set forth in Apple’s App Store terms of service; (iii) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our iOS App; (iv) in the event of any failure of our iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for our iOS App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our iOS App; (v) Apple is not responsible for addressing any claims of yours or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (a) product liability claims; (b) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) in the event of any third party claim that our iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; (vii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties; (viii) you must comply with any other applicable third party terms when using our iOS App (e.g., your wireless data service agreement); and (ix) Scan & Save and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

6.3 Termination of Service

Scan & Save disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services. Scan & Save reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

6.4 Miscellaneous

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. However, Scan & Save may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein. If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.

6.5 Injunctive Relief

You acknowledge and agree that any violation or breach of the Terms may cause Scan & Save immediate and irreparable harm and damages. Accordingly, and notwithstanding any other provision of these Terms or other applicable legal requirements, you acknowledge and Scan & Save reserves the right to, in its discretion, immediately seek and obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek and obtain permanent injunctive relief regarding any violation or breach of these Terms. In addition to any and all other remedies available to Scan & Save in law or in equity, Scan & Save may seek specific performance of any term in these Terms, including but not limited to by preliminary or permanent injunction.

6.6 Damages For Violations Of Section 2.5(d)-(z)

In addition to any injunctive relief discussed above, if you are involved or cause others to be involved in behavior that violates Section 2.5(d)-(z) above, you agree to pay to Scan & Save the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by such a violation of these Terms for which you bear responsibility. Further, you acknowledge that, for violations of Section 2.5(d)-(z), actual damages would be extremely difficult or impossible to quantify. Accordingly, for violating Section 2.5(d)-(z), you agree to pay liquidated damages to Scan & Save as described in the schedule set forth in Section 6.7 below.

Furthermore, you agree that the amounts of liquidated damages described in Section 6.7 below are reasonable estimates of Scan & Save’s damages for violations of Section 2.5(d)-(z).

You further agree that, to the greatest extent permitted by applicable law, every remedy described by these Terms, including the liquated damages set forth in Sections 6.6 and 6.7, shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.

6.7 Liquidated Damages Schedule For Violations Of Section 2.5(d)-(z)

For purposes of this schedule of liquidated damages, “Item of Content” means each and every offer coupon, rebate, deal, discount, etc. of any type featured on the Scan & Save website by Scan & Save or any user (or any other third party in any manner). Each single coupon, rebate, deal, discount, etc. that is featured on the Scan & Save website is a single Item of Content. Each Item of Content shall be considered and treated as an individual, discrete Item of Content even if it contains the same or substantially similar content as one or more other Items of Content.

For purposes of this schedule of liquidated damages, “Instance of Unauthorized Conduct,” or “Act” means each individual time Scan & Save’s servers are accessed in connection with or in facilitation of a violation of Section 2.5(d)-(z). With respect to the Instances of Unauthorized Conduct enumerated in below, each day Scan & Save’s servers are accessed to facilitate one or more of the violations enumerated therein shall constitute one Instance of Unauthorized Conduct.

For each violation of Section 2.5(d)-(z), you agree to pay liquidated damages to Scan & Save in the amount specified below. You further acknowledge and agree that the imposition of liquidated damages for each such violation is independent and distinct, and that the assessment of total liquidated damages for multiple violations is cumulative and in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise.

$75 Per Item of Content Copied in Violation of Section 2.5 in Violation of Section 2.5(h) or (k)

You agree to pay $75 per violation for each Item of Content accessed or obtained via Scan & Save (1) using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site of Scan & Save or (2) by causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Scan & Save.

$200 Per Instance of Unauthorized Conduct in Violation of Section 2.5(d)-(e)

You agree to pay $200 per violation for each (1) Act of logging onto a server or Account(s) that you are not authorized to access or (2) Act of creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity as set forth in Section 2.5(d)-(e).

$1,500 Per Instance of Unauthorized Conduct in Violation of Section 2.5(f)-(g)

You agree to pay $1,500 per violation for each (1) Act of emulating or faking usage of the Services or (2) Act of violating or attempting to violate any security features of the Services as set forth in Section 2.5(f)-(g).

$15,000 Per Instance of Unauthorized Conduct in Violation of Section 2.5(h)-(z)

Certain technology can be misused to facilitate harm to Scan & Save, its users, and/or its affiliates on a massive scale.

You agree to pay $15,000 for each (1) Act of using manual or automated software, devices, scripts, robots, or other means or processes to access, “scrape,” “crawl,” or “spider” any pages contained in the Site; (2) Act of introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (3) Act of interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging,” or “crashing” the Services; (4) Act of causing, allowing or assisting machines, bots, or automated services to access or use the Services without the express written permission of Scan & Save; (5) Act of tampering with the operation, functionality, or the security of the Services; (6) Act of attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (7) Act of attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (8) Act of misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (9) Act of harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (10) Act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (11) Act of engaging in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services; (12) Act of forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (13) Act of deep-linking to any portion of this Services without our express written permission; (14) Act of acting illegally or maliciously against the business interests or reputation of Scan & Save or the Merchants promoted via the Services; (15) Act of hyperlinking to the Services from any other website without our initial and ongoing consent; (16) Act of using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Scan & Save; (17) Act of reselling or repurposing your access to the Services or any purchases made through the Services; or (18) Act of using the Services or any of its resources to solicit other users of the Services, Merchants or other business partners of Scan & Save to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Scan & Save, including without limitation, aggregating current or previously offered coupons or deals as set forth in Section 2.5 (f)-(z).

Follow by Email
Facebook
Facebook
INSTAGRAM