Terms of Use

Saywire Terms of Use

Welcome to Saywire. By accessing and using the Saywire Service (“Service”), you are agreeing to the following Terms of Use. The Service is owned by Harver Group, LLC, an Arizona limited liability company, and may be referred to herein as “Saywire” or “we” or “us”.

We encourage you to review the Terms of Use, along with the Privacy Policy, as they form a binding agreement between you and Saywire. In addition, because we may revise these Terms of Use from time to time, in our discretion, we also encourage you to check back periodically to familiarize yourself with any changes. If we make any changes or modifications, we will post the updated Terms of Use on the Service. Please note that the changes become effective immediately at the time of posting.

If you have any questions regarding the use of the Service or its contents, please contact us. Our contact information is listed at the end of this document.

1. ACCESS TO THE SERVICE

A. Use of the Service. If you do not agree to these Terms of Use, you may not use the Service.

B. Username and Password. During the account activation process you will be given a username and password. It is your responsibility to keep your username and password secure. At all times during the use of this Service, your real name will appear on the screen and everyone connected to the Service will know it is you and any activities that occur under your username and password will be identified to your real name. Notify us immediately if you believe that someone has used your name or password without your authorization.

2. USER CONDUCT

A. House Rules. The Service may contain chat areas, message boards, blogs, wikis and other areas where you may interact with other users through posting or sharing of content. Please be careful in sharing personal information.

While we take all reasonable measures to create a safe and secure environment for the members of our Service, please remember that anything you say to others or any information you provide about yourself to others may get repeated online. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk. Members shall remain solely responsible for the content of their messages in the Service. We are not responsible for the content or opinions posted or sent by members in the Service.

We have established “House Rules” that we hope will increase your awareness of your responsibilities to others when using the Services and will enhance your enjoyment of our Service. We may update these House Rules from time to time.

The following House Rules apply to and govern your use of the Service:

  • Contribute responsibly in the Service;
  • Treat others with respect;
  • Contact us if you come across content that you find offensive, possibly unlawful, or that you believe otherwise violates these House Rules;
  • Do not post, transmit or otherwise make available any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Do not harass others;
  • Do not provide any content that encourages a criminal offense or violates the rights of any party;
  • Do not impersonate anyone else or misrepresent your affiliation with a person or entity;
  • Do not participate in any unauthorized or unsolicited promotions, advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
  • Do not violate any applicable local, state, national and international law or regulation;
  • Do not interfere with, interrupt, destroy or limit the functionality of the Service or any computer software or hardware or telecommunications equipment;
  • Do not use other users’ personal data for purposes other than establishing contact that is reasonably expected to be welcomed by the friend or acquaintance;
  • Do not try to gain unauthorized access to the Service, other users’ accounts, or computers connected to the Service; and
  • Do not post yours or others personal information like telephone numbers, street addresses, or email addresses in content on the Service.

B. Monitoring and Enforcement. We do not actively monitor the Service or the content that is posted or provided by you or your school, nor are we obligated to do so. And since we do not, and may not have the ability to, control or actively monitor the content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our Service, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints that come to our attention. If we choose to investigate the complaint, we will take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating user access to our Service. However, because situations and interpretations vary, we also reserve the right not to take any action. In such cases, we may not remove content that you believe is objectionable or offensive. Please remember that you can always choose to refrain from using any part of the Service that exposes you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content.

WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR THE CONTENT POSTED. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT IN OUR SOLE OPINION VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS TERMS OF USE. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR ALL CONTENT YOU POST.

3. SUBMITTING CONTENT

You are responsible for all content that you provide and you warrant and represent that the content does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation. At the end of each school year, the content on the Service may be archived and made available to members of the Service that wish to purchase a “year in review” subscription.

4. AVAILABILITY OF SERVICES

From time to time we may modify, suspend or discontinue any portion or function of the Services offered on our Service without notice to you. We shall not be liable to you for any modification, suspension or discontinuance of Services. We may establish certain policies and practices concerning use of the Services. We have no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by or through our Services. We reserve the right to change our practices and policies at any time, in our sole discretion, with or without notice to you.

5. TERMINATION/CANCELLATION

You may terminate your registration at any time by having a parent or legal guardian contact your school. Your school will forward to us the request to terminate you from our Service. The termination of your access to our Service is your only remedy with respect to any dispute that you may have with us or your school regarding your use of the Service. We will attempt to process all cancellation requests within three business days after we receive the request from your school. If we determine, in our sole discretion, that you are not in compliance with this Terms of Use, we reserve the right to terminate your access to our system and Service at any time. Upon any termination, we may immediately deactivate or delete your access to our Service and make any content you posted unavailable to you.

6. PRIVACY

We believe strongly in protecting the privacy of users of the Service and providing you with notice of our collection and use of data, including personally identifying information collected from the Service. We have adopted a Privacy Policy (saywire.com/privacy) which is incorporated herein by reference, that you should read to fully understand how we collect and use information.

7. COPYRIGHT INFRINGEMENT POLICY

In compliance with the Digital Millennium Copyright Act (“DMCA”), we have established the procedure outlined below to address alleged copyright infringement on the Service. If you believe that your work has been copied and has been posted to this Service in a way that constitutes copyright infringement, you may provide us with notice of your complaint by providing us with the following information in writing:

  • the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
  • identification of the copyrighted work that you claim has been infringed;
  • identification of the material that is claimed to be infringing, with information about its location reasonably specific to permit us to locate the material;
  • your name, address, telephone number, and email address;
  • a 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; and
  • a statement, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

To be effective, your notification must be in writing and include the above information.

We may, in our sole discretion, reserve the right to refuse additional content from members who have posted allegedly infringing material, and/or delete the material, or to terminate such member’s access to the Service.

After receiving a notification, we will process and investigate the notification and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of a notification that complies or substantially complies with the DMCA (as set forth above), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will promptly take reasonable steps to notify the member that is the subject of the notification that it has removed or disabled access to such material.

If you are subject to a notification, you may provide us with a counter notification by providing us the following information in writing:

your physical or electronic signature;
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;
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found and that you will accept service of process from the person who provided the initial notification of alleged infringement.

Upon receipt of a proper counter notification under the DMCA (as set forth above), we will promptly provide the person who provided the initial notification with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) business days. Additionally, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14) business days following receipt of the counter notice, unless we first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Service.

8. DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT:

OUR SERVICE AND THE SERVICES PROVIDED THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FUNCTIONS, MATERIALS AND CONTENT OF THE SERVICE ARE NOT WARRANTED TO BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND WE MAKE NO WARRANTY THAT THE INFORMATION ON THE SERVICE WILL BE ACCURATE, CURRENT OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WE DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. YOU ASSUME THE ENTIRE RISK OF LOSS AND DAMAGE DUE TO YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS A CONSEQUENCE SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

9. LIMITATIONS OF LIABILITY

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR SOLE RISK. HARVER GROUP, LLC, AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, LICENSORS, MEMBERS AND AGENTS INCLUDING YOUR SCHOOL OR INSTITUTION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SERVICE.

10. CHOICE OF LAW & VENUE

This Terms of Use, your access and use of the Service and Services and the relationship between you and us is governed by the laws of the State of Arizona, without giving effect to its conflict of law provisions. Harver Group, LLC and you both agree to submit to the personal and exclusive jurisdiction of the courts of the State of Arizona located in Maricopa County. You are responsible for complying with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, we shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief in our sole discretion. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of this Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. OUR PROPERTY RIGHTS

The Service (and all of the material that it contains) is owned by Harver Group, LLC, or its third party licensors and is protected by intellectual property and other laws throughout the world. Nothing found on the Service may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Harver Group, LLC. In addition, the trademarks, logos and service marks displayed on the Service are the property of Harver Group, LLC or its licensors. If you are aware of material on the Service that infringes copyright, please contact us through the Copyright Infringement Policy process, which is described above.

UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING OR ANY OTHER MISUSE OF ANY PART OF THE SERVICE IS PROHIBITED. Nothing contained in this Terms of Use or in the materials on the Service should be construed as granting, by implication, estoppel or otherwise, any license or right to use any material in any manner without our prior written consent or such third party that may own the material or intellectual property displayed on this Service. In addition, use of the content or materials for any purpose not expressly permitted in this Terms of Use is prohibited.

12. COPYRIGHT AND TRADEMARK NOTICE

All rights reserved. SAYWIRE, SAYWIRE.COM and all the brands of the Harver Group, LLC products and services shown herein are the trademarks or registered trademarks of Harver Group, LLC. Other trademarks belong to their respective owners.

13. MISCELLANEOUS TERMS

Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Service. You may not assign or transfer your rights to any third party. The terms and conditions in this Terms of Use are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If we fail to enforce any provision of this Terms of Use it shall not constitute a waiver of such provision. This Terms of Use may be modified only by us posting changes to this Terms of Use on the Service. Each time you access the Service, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under this Terms of Use. This Terms of Use will inure to the benefit of and be binding upon the successors, assigns and licensees of you and us. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Terms of Use, or to exercise any right there under, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. This Terms of Use and the documents incorporated by reference constitute the entire understanding between us regarding your access to, license and use of the Service and our Services, and they supersede any prior agreements, statements or representations with respect to the same.

14. CONTACT INFORMATION
Harver Group LLC, dba Saywire
Attn: Chief Operations Officer
17100 E Shea Blvd, Ste 110
Fountain Hills, AZ 85268
Telephone: (480) 420-4100
Fax: (480) 471-3466
Email: info@saywire.com
Web: saywire.com

 

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