Welcome to the Smart Savings Link web site located at “www.smartsavingslink.com” (this “Site”), which is owned by Innovative Funding, Inc., (“Innovative Funding”).   Please read this page carefully before using this Site.  By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties and a choice of Tennessee law.

These Terms are effective as of July 1, 2007.

1.             Site Content

All contents of this Site are: ©2006 Innovative Funding.  All rights reserved.  This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”).  Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of Innovative Funding.   Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of Innovative Funding intellectual property rights. 

2.             Information You Provide To Us

Upon using the Innovative Funding website, you will be prompted to disclose certain information about yourself. By providing this information to us, you warrant that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current, or incomplete, or Innovative Funding has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Innovative Funding has the right to refuse any current or future use of this Site by you. You are responsible for any use of this Site by persons to whom you intentionally or negligently allow access to your password or any other means of access.

3.             Your Use of the SmartSavingsLink.com Website

You agree that all of the content and information posted on this Site, including but not limited to any classified ads provided by you, is the sole and exclusive property of SmartSavingsLink.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to SmartSavingsLink.com for any such damages, and will indemnify SmartSavingsLink.com in the event of any third party claims against SmartSavingsLink.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to this Site and any services at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by SmartSavingsLink.com, in its sole discretion, that you are misusing or attempting to misuse this Site, or are using or attempting to use this Site for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, SmartSavingsLink.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SMARTSAVINGSLINK.COM AND ITS PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU INPUT FALSE INFORMATION IN A TESTIMONIAL, INCLUDING BUT NOT LIMITED TO A THIRD PARTY’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE-UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO SMARTSAVINGSLINK.COM AND EACH AFFECTED SMARTSAVINGSLINK.COM CLASSIFIED ADS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $2,000 TO SMARTSAVINGSLINK.COM AND EACH OF THE AFFECTED PERSONNEL AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICHEVER IS GREATER.

4.             Modifications To Terms and Site

SmartSavingsLink.com may change these Terms from time to time. Please review these Terms periodically for any updates or changes.  Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes.  If you object to any provision of these Terms or any subsequent modifications to these Terms, your exclusive recourse is to immediately terminate use of this Site. 

SmartSavingsLink.com also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. Service Select may also impose limits on certain features, services or all of this Site without notice or liability.  You acknowledge and agree that SmartSavingsLink.com will not be liable to you or any third party in the event that SmartSavingsLink.com exercises its right to modify or terminate access to this Site or portions of this Site. 

 
5.             Third Party Sites

As a convenience to you, SmartSavingsLink.com may provide links to web sites and access to content, products and services of third parties, including without limitation, SmartSavingsLink.com affiliates and strategic partners and other entities (“Linked Sites”).  You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use such Linked Sites. SmartSavingsLink.com does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by SmartSavingsLink.com, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings.  You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

6.             Indemnification

YOU AGREE TO INDEMNIFY SMARTSAVINGSLINK.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE PRODUCTS SMARTSAVINGSLINK.COM OR IN CONNECTION WITH THIS WEBSITE OR YOUR VIOLATION OF THESE TERMS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

SmartSavingsLink.com makes no representation of any kind regarding this Site, Content or any portion thereof, OR THE PRODUCTS AND SERVICES PROVIDED THROUGH THIS SITE, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. SMARTSAVINGSLINK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. 

IN NO EVENT SHALL SmartSavingsLink.com BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, exemplary, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF SmartSavingsLink.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

7.             Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address:  Innovative Funding,  Attn: Webmaster, 614 Fontana Drive, Nashville, TN 37204.

8.           Governing Law

Use of this Site is governed by Tennessee law.  Any claim related to the Site shall be brought in a federal or state court in Tennessee within one (1) year after the claim arises.  Users of this Site consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Site.

9.           Acknowledgement 

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

10.           Contact Information

If you have any questions about these Terms, the practices of SmartSavingsLink.com, or your dealings with this Site, please contact us through one of the methods listed below. 

SmartSavingsLink.com

Attn: Webmaster

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