Last Updated on August 11, 2020

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.

Your access to and use of this website, as well as all related websites operated by Savvyeur LLC (which include savvyeur.com and learn.savvyeur.com, among others) and any services and products provided by Savvyeur LLC (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing, browsing and using the Site, you accept, without limitation or qualification, the Terms of Use. Certain features or services of the Site may be subject to additional guidelines, terms or rules, which will be posted on the Site or provided in connection with such features or services. The Savvyuer LLC Privacy Policy sets forth important information on how we collect, process, use and share your data (the “Privacy Policy”). All such additional terms, guidelines and rules, including the Privacy Policy, are incorporated by reference into these Terms of Use and you are agreeing to accept and abide by them by using the Site. These Terms of Use are in addition to, and do not nullify, any other agreement between you and Savvyeur LLC or any other applicable terms and conditions found on or in connection with the Site. In the event of a conflict between the additional terms or other agreement and any provision in these Terms of Use, the additional terms will prevail, but only with respect to the portion of the Site to which the additional terms apply. You agree to comply with all rules or restrictions that are posted on or in connection with the Site.

1. Subject to your compliance with these Terms of Use, the Savvyeur LLC (the “Company”) hereby grants you a limited license, which is a non-exclusive, non-transferable, non-sublicensable, revocable right to access, view, and use the Site solely for your personal purposes. The Company reserves the right in its sole discretion to refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason. You agree that the Company will not be liable to you or to any third party for any refusal of any use of the Site (or any portion thereof). You agree that the Site itself, as well as all content, materials, services and products made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal entertainment and information by the Company and the Content is the property of the Company and/or its third party providers. You agree that such Content shall include all proprietary videos, classes, HTML/CSS, JavaScript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose than as provided in these Terms of Use is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Content, whether in whole or in part; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) except as expressly stated herein, no part of the Site or Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (e) you may not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Site in order to build a similar or competitive website, product, or service; (g) you shall not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer or communications network, computer, handheld mobile device, data, the Site or any other system, device or property; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Site. Any unauthorized use of the Site terminates the rights granted by the Company pursuant to these Terms of Use.

2. The Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that the Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Unless otherwise indicated, any future release, Update (defined below), or other addition to functionality of the Site shall be subject to these Terms of Use. You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Site. You agree that the Company is not obligated to create or provide any corrections, updates, upgrades, bug fixes, and/or enhancements of the Site (each an “Update”).

3. You acknowledge that all intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Content are owned by the Company or its licensors or other third parties. The Company’s name, logo, and the product names associated with the Site and the Company’s services belong to the Company (or its licensors or other third parties, where applicable), and no right or license is granted to you to use them by implication, estoppel or otherwise. Neither these Terms of Use nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms of use. The Company and its licensors reserve all rights not granted in these Terms of Use.
The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at grow@savvyeur.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy, currency, suitability or quality. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site. The Site may contain links to other websites operated by third parties and/or display advertisements for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the Company’s control. The Company provides these Third-Party Links only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to such Third-Party Links. Your use of these Third-Party Links is at your own risk.

5. The Company may provide notifications to you as required by law, or for marketing or other purposes, via (at its option) email to the primary email associated with any account you create or posting of such notice on the Site. The Company is not responsible for any automatic filtering that you or your network provider may apply to email notifications. For contractual purposes, you (a) consent to receive communications from the Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs (collectively, “Feedback”), such Feedback shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby assign to the Company all of your right, title and interest in such Feedback. In the event such assignment may not be valid, you grant the Company a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights.

7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable. The Company cannot guarantee that unauthorized third parties will never be able to defeat its security measures or use your personal information for improper purposes. You acknowledge that (i) you provide your personal information at your own risk and (ii) it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE, CONTENT OR MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH SITE, CONTENT OR MATERIALS, THE SUITABILITY OF SUCH SITE, CONTENT OR MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S REQUIREMENTS OR EXPECTATIONS, OR THAT SUCH SITE, CONTENT OR MATERIALS ARE COMPLETE, LEGAL, ACCURATE, RELIABLE, OR CORRECT. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL ACHIEVE ANY SUCCESS OR RESULTS USING THE SITE OR THE COMPANY’S PRODUCTS OR SERVICES. THE COMPANY DOES NOT WARRANT THAT USE OF THE SITE, CONTENT AND/OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCESS OR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION.

11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO AN AMOUNT NEVER TO EXCEED THE FEES ACTUALLY PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SITE OR CONTENT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR LICENSORS AND SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of these Terms of Use, (ii) any violation by you of law or the rights of any third party, (iii) any Feedback you provide or materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right, at your expense, to assume the exclusive defense and control of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company. You agree not to settle any such claim without the Company’s prior written consent. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of these Terms of Use or your access to the Site or the Company’s services.

13. Certain services or features of the Site and/or Content may be provided for a fee. You shall pay all applicable fees in connection with the services or features of the Site and/or Content selected by you in accordance with these Terms of Use. By making a payment, you warrant that you are the account holder (or an authorized user) of the payment card that you use to pay for your purchase, and that there are sufficient available funds on the card to cover your purchase. You are responsible for all applicable taxes, fees and surcharges. Prices may change at any time without notice.

14. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

15. DISPUTE RESOLUTION; WAIVER OF JURY TRIAL; WAIVER OF CLASS ACTION
The Company is available by email at grow@savvyeur.com to address any concerns you may have regarding your use of the Site and Content. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration (the “Informal Dispute Resolution”).
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time Informal Dispute Resolution is pursued, then either you or the Company may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, the Company will pay the additional cost. If the Company is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and the Company will make arrangements to pay all necessary fees directly to JAMS. The Company will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by the Company if you do not prevail in arbitration. The Company will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
THIS ARBITRATION IS MANDATORY AND NOT PERMISSIVE. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Section 15. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OF USE, YOUR USE OF THE SITE AND CONTENT AND ANY SERVICE OR PRODUCTS OF THE COMPANY, AND THE MATTERS CONTEMPLATED HEREBY MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this paragraph is deemed invalid or unenforceable neither you nor the Company are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Chicago, Illinois.
To the extent that the arbitration provisions set forth above do not apply, you agree that any litigation shall be filed exclusively in state or federal courts located in Cook County, Illinois. You and the Company expressly consent to exclusive jurisdiction in Cook County, Illinois for any litigation. In the event of litigation relating to these Terms of Use or the Site or any service or products of the Company, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law

16. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound. If the Company makes any substantial changes, it may notify you by sending you an email to the last e-mail address you provided to it (if any), and/or by posting notice of the changes on the Site. You should ensure that you have read and agree with the most recent Terms of Use when you use the Site. Continued use of the Site following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use. If you do not agree with any of the changes to any of the Terms of Use, you should cease accessing or using the Content or the Site.

17. These Terms of Use, the Privacy Policy, and any additional terms, guidelines and rules incorporated herein, constitute the entire agreement between you and the Company regarding the use of the Site and Content. Any failure by the Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Any section titles in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither party is an agent or partner of the other party. All provisions of these Terms of Use which by their nature should survive, will survive any expiration or termination of these Terms of Use, including, without limitation, ownership provisions, confidentiality obligations, warranty disclaimers, and limitations of liability. These Terms of Use, and any associated rights or obligations, may not be assigned or otherwise transferred by you without the Company’s prior written consent. These Terms of Use may be assigned by the Company without restriction. These Terms of Use are binding upon and will inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns.

Copyright © 2020 Savvyeur LLC. All rights reserved