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SavePro Designs Terms and Conditions

By entering into the agreement as of, today’s date, you, the (Member) agree to enter into a membership agreement for the use of all or selected services offered by SavePro Designs and its successors and/or assigns.  By agreeing to enter into the membership agreement as follow to all of its entirety.

The agreement (the "Terms of Service" or "Agreement") sets forth a legally binding terms for use of the membership. By agreeing to accept a membership, you agree that you are bound by the Terms of Service.

You represent that you are fully able and competent to enter into the terms, conditions, and obligations set forth in the "Terms and Conditions". You also agree that the term "you", "your", and "member" refers to you and your company or legal entity.

There is no set term to your membership agreement. Pricing is based upon packages selected and services and/or benefits are as follows:

Silver Plan Membership

The Silver Plan Membership requires a down payment and a monthly payment of $15.00 per month. The services included in the Silver Plan Membership are as follows:

  • Three+ Page Site
  • Unique Domain Name
  • 1 Email Account (25 MB each)
  • Contact Form
Which you can read more about here.

Gold Plan Membership

The Gold Plan Membership requires a down payment and a monthly payment of $20.00 per month. The services included in the Gold Plan Membership are as follows:  
  • Five+ Page Site
  • Unique Domain Name
  • 3 Email Accounts (25 MB each)
  • Contact Form
Which you can read more about here.

Platinum Plan Membership

The Platinum Plan Membership requires a down payment and a monthly payment of $25.00 per month. The services included in the Platinum Plan Membership are as follows:  
  • Ten+ Page Site
  • Unique Domain Name
  • 5 Email Accounts (25 MB each)
  • Contact Form
  • Ecommerce Functionality
Which you can read more about here.

Add-Ons

The add on options for all packages are as follows:  
  • ClientNow ® System
  • Portfolio or Gallery Page
  • Message Boards
  • Full Content Mangement System
  • Client Newsletter
  • Need Something Else? Just ask.

Additional Terms Associated with all Memberships

Upgrading Membership

Members that are currently enrolled in the Silver or Gold plan considering upgrading their membership will be able to request an upgrade by calling in drirectly at 530-710-0179.

After upgrading the account the modified monthly payment will be due upon next monthly bill scheduled.

Site Revisions

When requesting a revision to the site, members will need to call in, or send an email regarding the changes needed. From there the designers will contact them back if they have any further questions, otherwise they will proceed with the revision and email the client back upon completion.

Members will get 1 free revision per month, any revision there after for the same month will be charged a fee of $20.00. After requesting to launch changes the new revisions will be live within 72 hours.

Eligibility for Membership

Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age and older; (d) you are a resident inside of the United States; and (e) your use of the Services does not violate any applicable law or regulation. Your Membership may be terminated without warning, if we suspect that you are less than 18 years of age.

Password

By becoming a Member you will also be asked to choose a password for your account. You are solely responsible for maintaining the confidentiality of your password, and fully responsible for all activities that occur under your account. You agree not to use the account, username or password of another Member at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to SavePro Designs immediately of any unauthorized use of your password or account or any breach of security and understand that SavePro Designs reserves the right to take legal actions against individuals who misuse accounts and memberships on the site.

Content

You control the content that you that will be published using our Services and SavePro Designs does not claim any ownership rights in any content created by you or any content that appears on your site. Therefore, SavePro Designs takes no responsibility for any legal actions taken against your site for duplicate content. You are therefore responsible for the removal of any such Content that is in violation of these Terms of Service and ensuring compliance with these Terms of Service.

By displaying or publishing ("posting") any Content on or through the Services, you hereby grant to SavePro Designs a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the Services.

Without this license, SavePro Designs would be unable to provide the Services. The license you grant to SavePro Designs is non-exclusive fully-paid and royalty-free, transferable, sub-licensable and worldwide. Unless you have shared your Content with others, and they have not deleted it, this license will terminate at the time you remove your Content from the Services, but you understand and agree that your Content may continue to appear on the Sites or Websites after you remove it from the Services as portion of your Content may remain on pages cached by third parties, incorporated into RSS feeds, User profiles or other features, or archived on servers.

You represent and warrant that: (a) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (b) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.

Please choose carefully the content you post on any Website and that you provide to other Users. You may not use the Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and SavePro Designs assumes no responsibility or liability for this material. If you become aware of misuse of the Services, please contact us.

Without assuming any obligation to do so, SavePro Designs may delete any Content or suspend any membership associated with it, that in the sole judgment of SavePro Designs violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. SavePro Designs assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If, at any time, SavePro Designs chooses, in its sole discretion, to monitor the Services, SavePro Designs nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. 

SavePro Designs makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Users.

The following is a partial list of the kind of Content and activity that is prohibited on any Website and through the use of the Services. SavePro Designs reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe you are in violation of this provision. SavePro Designs further reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited Content and activity includes, but is not limited to, Content or activity that in the sole discretion of SavePro Designs:

  • may constitute or contribute to a crime;
  • is illegal, misleading, harmful, malicious, hateful, threatening, bullying, harassing, discriminatory, invasive of personal privacy or publicity rights, humiliating to other people (publicly or otherwise), libelous, pornographic, or that contains nudity or graphic or gratuitous violence;
  • communicates any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or otherwise infringes or violates someone else’s rights;
  • involves sending or otherwise posting unauthorized commercial communication (such as spam);
  • engages in unlawful multi-level marketing, such as a pyramid scheme;
  • solicits login information or accessing an account belonging to someone else;
  • solicits or posts personal identifying information from other Users, or knowingly collects any information from minors under the age of 18;
  • obscures the advertisements we serve on your Website;
  • makes automated use of the system, such as using scripts, bots, spiders or scrapers, to send messages, log into accounts, or collect Users’ Content or information;
  • interferes with, disrupts, impairs or creates an undue burden on the Services or the networks or services connected to the Services;
  • provides false personal information on the Sites, or creates an account for anyone other than yourself without permission;
  • uploads viruses or other malicious code;
  • uses the Services to hyperlink to content not permitted on the Sites;
  • facilitates or encourages any violation of these Terms of Service.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). In addition, we will promptly terminate without notice the Membership privileges of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
  • your address, telephone number, and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Membership Pricing

All prices are subject to change from time to time. SavePro Designs may choose to temporarily change the fees for the memberships for promotional or new services, and such changes are immediately effective when SavePro Designs posts the temporary promotional event or new service on the saveprodesigns.com website. Any changes to fees for Mambership Plans that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the saveprodesigns.com website. The changes shall only apply prospectively to the services you've purchased. Unless otherwise stated, all fees are quoted in U.S. Dollars.

Payment for Membership

All payments processed for all memberships will be processed as ACH collections (Automated Clearing House). This is required for all members with no exceptions. Your account and routing numbers will be required in order to enter into a new membership. By requesting to have SavePro Designs draft a payment from your account you agree that have the authority to authorize drafts from the account that you are providing the information for.

After initiating a new membership the initial ACH transaction will be for the amount of the down payment. There will be an additional monthly service membership charge on the monthly anniversary date of the membership unless the normal monthly anniversary date is on the 29th or later in the month. If the standard monthly anniversary date of your membership falls on the 29th day or later in the month, the normal monthly draft date will be the 1st of each month beginning no earlier than 30 days from the initial down payment.

Taxes

You are responsible for paying any governmental taxes imposed on your use of the Sites, products provided, or services rendered, including, but not limited to, sales, use, or value added taxes.

We are so confident that you will be 100% satisfied with our service that we are offering a 5 day money back guarantee on all of our Silver Package Subscriptions. This means that there is no risk to you.

Guarantee

If you are, for any reason, not completely satisfied with our services within the first 5 days of agreeing to the terms and conditions we will refund all of your Silver Package Subscription down payment. All you need to do is call in to our service representatives and request to cancel your account if you are not satisfied. Our accounting department will mail a check back for your full down payment within 2 weeks of the cancellation request.

Indemnity

You agree to indemnify, defend, and hold harmless SavePro Designs, its subsidiaries, and affiliates , and their respective officers, agents, co-branders or other partners, employees, and third party Paid Service providers from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to

  • any Content you submit, post, transmit, or make available through the Sites;
  • your use or misuse of the Services;
  • your connection to the Services;
  • your breach or alleged breach of this Agreement; or
  • your violation of any rights (including intellectual property rights) of a third party.

SavePro Designs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SavePro Designs. SavePro Designs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Disclaimer of Warranties

YOUR USE OF THE ALL SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SITES, AND ALL WEBSITE CODE, PLATFORM CODE, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SAVEPRO DESIGNS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT.

SAVEPRO DESIGNS AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THE SITES, OR ANY WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, OR THE SERVER THAT MAKES THE SITES, AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SAVEPRO DESIGNS MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THE SITES, OR YOUR WEBSITE; (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOUR WEBSITE; OR (C) THE COMPATIBILITY OF YOUR CODE OR ANY OTHER CODE WITH ANY WEBS TECHNOLOGY.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL WEBSITE CODE, PLATFORM CODE, APIS, APPLICATIONS, SERVICES, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVEPRO DESIGNS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

SAVEPRO DESIGNS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OR APPLICATION DEVELOPER ON THE SITES, PLATFORM, APPLICATIONS OR WEBSITES.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SAVEPRO DESIGNS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUE, BUSINESS OR PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WEBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE SERVICES, ANY WEBSITE OR PLATFORM; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY OF OUR GUIDELINES (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE GREATER OF (i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO SAVEPRO DESIGNS BY YOU IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY CLAIM.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES (INCLUDING APPLICATION DEVELOPERS) AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITES OR RECEIVED BY YOU ON ANY THIRD PARTY SITES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS AGREEMENT APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Changes to SavePro Designs Services

SavePro Designs reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing the SavePro Designs Services or any part thereof with or without notice. SavePro Designs will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Amendments

We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.saveprodesigns.com. The revised version will be effective at the time we post it. Please check this Agreement and any Guidelines periodically for changes. Your continued use of the Sites or any Website after posting of the changes constitutes your binding acceptance of such changes. We last modified this Agreement on the date stated above. However, if the revised version includes a material change, it will be effective for an existing User on the earlier of (a) the date you accept it, and (b) 30 days after the material changes are initially posted to www.saveprodesigns.com. The revised version will apply to you immediately if you are a User who registers or first uses the Sites on or after the posting of the revised version.

Term and Termination

This Agreement shall remain in full force and effect unless and until your account is terminated as provided herein. You may terminate your account and end your use of the Sites at any time and for any or no reason. SavePro Designs has the right (at its sole discretion) for any reason to (i) delete, disable or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the sites or any website, (ii) remove and discard any Content within any Website or anywhere on the Site or (iii) shut down a Website, with or without notice, and with no liability of any kind to you.

If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law.

Law and Arbitration

This Agreement shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction. You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all such claims or disputes Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution 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 may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.