Terms of Service
These Terms of Service are updated on February 10, 2016.
These Terms of Service (“Terms”) govern your access to and use of Save My Ink’s (Save My Ink, LLC.) internet services, including savemyink.com, the Save My Ink service, and/or any mobile applications, including, but not limited to the SMI.Live app, made available by Save My Ink (together the “Service(s)”), and any information, text, videos, photos, audio, graphics or other materials uploaded, downloaded, or appearing on the Service (collectively referred to as “Content”). The Service is owned and/or operated by Save My Ink, LLC. (Save My Ink), 6150 Parkland Boulevard, Suite 115, Mayfield Heights, Ohio 44124, and/or its subsidiaries, affiliates, survivors, agents, etc (“Savemyink.com,” “Save My Ink,” “SMI.LIVE,” “we,” “us” or “our”).
Any new services, updates or modifications of an existing service will be governed by the Terms, which may be updated or modified from time to time in Save My Ink’s sole discretion. The continued use of the Service following the posting of changes to the Terms constitutes your acceptance to such changes. We encourage you to regularly review these Terms. If you do not agree to be bound by these or any future Terms, do not access or use (or continue to access or use) the Service.
Intellectual Property (DMCA) Policy
Disclaimer of Warranties
THE SERVICE, INCLUDING, WITHOUT LIMITATION, SAVE MY INK CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SAVE MY INK, LLC., NOR ANY OF ITS AFFILIATES, SUBSIDIRIES, PARTNERS, CONTRACTORS, EMPLOYEES, MANAGERS, DIRECTORS, MEMBERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “SAVE MY INK PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SAVEMYINK CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO SAVE MY INK OR VIA THE SERVICE. IN ADDITION, THE SAVE MY INK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SAVE MY INK PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR SERVER(S) THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE SAVE MY INK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SAVE MY INK PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SAVE MY INK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
THE SAVE MY INK PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES WILL THE SAVE MY INK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE SAVE MY INK CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SAVE MY INK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE SAVE MY INK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE SAVE MY INK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SAVE MY INKPARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD). THIS LIMITATION IS CUMULATIVE AND NOT PER CLAIM.YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF SAVE MY INK’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAVE MY INK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTIONS, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE SAVE MY INK PARTIES.
SAVE MY INK IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE THE SAVE MY INK PARTIES FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Save My Ink’s request), indemnify and hold the Save My Ink Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Save My Ink in the defense of any claim. Save My Ink reserves the right to assume the exclusion defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without prior written consent of Save My Ink.
Except if you opt-out or for disputes relating to: (1) your or Save My Ink’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provision 14 or 15 of the Basic Terms, above (“Excluded Disputes”), you agree that all disputes between you and Save My Ink (whether or not such dispute involves a third party) with regard to your relationship with Save My Ink, including without limitation disputes related to these Terms, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Save My Ink hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your behalf. Neither you nor Save My Ink will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Save My Ink is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Save My Ink or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Save My Ink can require the other to participate in an arbitration proceeding. To opt out, you must notify Save My Ink in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
SaveMyInk.com, ATTN: Arbitration Opt-out, 6150 Parkland Blvd. Ste 115, Mayfield Hts., OH 44124.
You must include your name and residence address, the email address you use for your Save My Ink account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Save My Ink.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with Save My Ink must be filed within one year after such claim arose; otherwise, your claim is permanently banned.
Governing Law & Venture
These Terms are governed by and construed in accordance with the laws of the state of Ohio, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Save My Ink exclusively in a state or federal court located in Cleveland, Ohio, and to submit to the personal jurisdiction of the courts located in Cuyahoga County for the purposes of litigating all such disputes.
If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Save My Ink’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Save My Ink reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Save My Ink.
If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter in an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Save My Ink and governs your use of the Service, superseding any prior agreements between you and Save My Ink. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Save My Ink. Any purported assignment or delegation by you without the appropriate prior written consent of Save My Ink will be null and void. Save My Ink may assign the Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.
The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Save My Ink to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Save My Ink provides.
Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
The effective date of these Terms is February 10, 2016. These Terms were written in English (US). To the extent any translated version of these terms conflicts with the English Version, the English Version controls.
If you have any questions about these Terms of Service, please contact Save My Ink at email@example.com.
Information We Collect
Personal Information. Your privacy is important to us. Depending on how you use the Website, we may ask you to share Personal Information with us. “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone number; credit card and other payment information; birth day and other demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.
We do not knowingly collect or use any personally identifiable information from individuals under the age of 13. If we become aware that any such information has been provided or submitted to us, we will delete the information as soon as possible.
Information That You Provide Through the Service: We collect information from you when you voluntarily provide such information such as when you register for access to the Service, use services provided on or through the Service, make payments on or through the Service, or contact us with inquiries.
Non-Identifiable or Aggregated Data: When you interact with SAVE MY INK through the Service, we receive and store certain information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. SAVE MY INK may store such information itself or such information may be included in databases owned and maintained by SAVE MY INK affiliates, agents or service providers. The Service may use such information and pool it with other information to track, for example, the total number of visitors to our Service, the number of visitors to each page of our Service, the domain names of our visitors' Internet service providers, and how our users use and interact with the Service. Also, SAVE MY INK may conduct research on its user demographics, interests and behavior based on the information provided to us. This research may be compiled and analyzed on an aggregate basis. SAVE MY INK may share this non-identifiable and aggregate data with its affiliates, agents and business partners. SAVE MY INK may also disclose aggregated user statistics in order to describe our Service to current and prospective business partners, and to other third parties for other lawful purposes.
Cookies: SAVE MY INK may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Service gives to your browser when you access the Service. Our cookies help provide additional functionality to the Service and help us analyze usage more accurately. Our Service may set a cookie on your browser that allows you to access the Service without needing to remember and then enter a password more than once when you are using the Service.
You can control how your browser handles cookies received from websites. You can choose to refuse all cookies, or to be prompted before a cookie is saved to your hard drive, or to only accept cookies from certain websites that you designate. By refusing to accept cookies from SAVE MY INK, you may not be able to use some of the features and functionality available on the Service.
For managing cookies and your choices, the configuration of each browser is different. Configuration is described in the help menu of your browser. For example, in Microsoft Internet Explorer 6.0 and above, you may block cookies by taking the following steps:
1. Go to "Tools", then "Internet Options".
2. Click on the "Privacy" tab.
3. Use the cursor to select the level you require.
You can also click on Advanced for specialized cookie treatment.
Instructions for blocking cookies in other browsers are available at http://www.allaboutcookies.org/manage-cookies/.
Our Use of Your Information
Payment Information. When you purchase a membership, service, and/or product on the Service, you have to supply your name, billing address, phone number, shipping address, and credit card information. The Service and any servers owned and/or operated by the Service do not receive or store any credit card information submitted for payment services.
SAVE MY INK, and their subsidiaries and affiliates (the “Related Companies”) may also use your information collected through the Service to help us improve the content and functionality of the Service, to better understand our users and to improve the Service. SAVE MY INK and its Related Companies may use this information to communicate with you regarding the Service or to tell you about services (including those of our trusted partners) that we believe will be of interest to you.
Our Disclosure of Your Personal Information
SAVE MY INK is not in the business of selling your Personal Information. There are, however, certain circumstances in which we may share your information with certain third parties without further notice to you, as set forth below:
Business Transfers: In the event of a corporate sale, merger, reorganization, dissolution or similar event, your information may be part of the transferred assets.
Agents, Consultants and Related Third Parties: SAVE MY INK, like many businesses, sometimes hires other companies to perform certain business-related functions. SAVE MY INK only provides them with the information that they need to perform their specific function.
Service Providers: We may use third-party partners to help operate our Service and deliver our products and services, and may share your information with our affiliates, service providers and other third parties that provide products or services for or through this Website or for our business (such as Website or database hosting companies, address list hosting companies, credit card authorization companies, e-mail service providers, analytics companies, customer survey companies, distribution companies, fulfillment companies, and other similar service providers that use such information on our behalf). We may combine information that you give us with other personally identifiable information from third-party sources to make our marketing efforts more efficient, including updating delivery and address information, which we use to correct our records.
Aggregate Statistics: We may disclose statistics, in the form of aggregate data, to third parties. This aggregate data may contain information regarding user behavior as a measure of interest in, and use of, our Service and emails such as overall patterns or demographic reports. The aggregate data will not describe or identify any individual user.
Legal Requirements: SAVE MY INK may disclose your information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of SAVE MY INK, (iii) act in urgent circumstances to protect the personal safety of users of the Service or the public, or (iv) protect against legal liability.
Links to Other Web Sites
While SAVE MY INK will take reasonable precautions to protect the security and integrity of Personal Information provided to the Service, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. No security measures are perfect or impenetrable. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different websites, and using up to date antivirus software. We maintain various physical, electronic and procedural safeguards to protect your personal information. For example:
We urge you to protect your own privacy. We recommend that you do not share your password with anyone or share your password in an unsolicited phone call or e-mail.
Unfortunately, despite all of our efforts, there is always a risk that third parties may unlawfully intercept transmissions. This reality is true of all Internet use. As a result, we cannot ensure the security of any information you transmit, and you transmit all information at your own risk.
If you contact us by e-mail or a “contact us” or similar feature on the Service, you should be aware that your transmission might not be secure. A third party could view information you send by these methods in transit.
If you choose to become a registered user, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Service by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent. You agree to (a) immediately notify SAVE MY INK of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your responsibility to control the dissemination and use of your password, control access to and use of your account, and notify SAVE MY INK when you desire to cancel your account on the Service. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision. We will not be liable for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, and to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.
California Do Not Track Disclosure
Do Not Track is a privacy preference that users can set in some of their web browsers. The Service does not currently respond to Do Not Track signals, but we may do so in the future. For more information about Do Not Track, please go to http://www.allaboutdnt.com. Third parties may collect personally identifiable information about your online activities over time and across different websites when you use the Service.
Consent to Processing
By providing Personal Information to the Service, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.
Contacting SAVE MY INK