Your use of https://pocketsavvy.com/, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by EightBit Media LP, LP (“ EightBit Media LP,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information and tools available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing or using the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 9 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 9 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current version of the Terms at any time on this page (https://pocketsavvy.com/terms ). We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES.
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2.PRIVACY & SECURITY DISCLOSURE
3.GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.
You agree not to use or attempt to use the Website or any services in any unlawful manner or for any unlawful purpose. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) any other unlawful act.
4.NO PROFESSIONAL ADVICE AND THE ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
The material on the Website is provided for general informational purposes only and is not intended as legal, tax, financial, medical, or any other form of professional advice. The Website is intended to offer general information and should not be relied upon as a substitute for obtaining specific professional advice tailored to your situation. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of any information contained on this Website. Nor do we endorse any of the products, services, or other offerings on our Website. Any reliance you place on such information is strictly at your own risk. It is crucial to consult with qualified professionals, such as lawyers, tax advisors, physicians, or financial experts, to address your specific concerns or issues. Do not disregard professional advice or delay in seeking it because of information obtained from this Website.
While we endeavor to provide accurate and current information on our Website, there may be information on our Website that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Website or on any related website is inaccurate at any time without prior notice.
We have made every effort to display as accurately as possible the information that appears on the Website. What you see will depend on your monitor and computer equipment and we are unable to guarantee that any images are an accurate representation of any actual product or service being highlighted.
This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
5.MODIFICATIONS TO THE WEBSITE
We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website. All Website content is subject to change at any time without notice, at our sole discretion.
7.DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THE WEBSITE WILL BE AVAILABLE CONTINUOUSLY, UNINTERRUPTED, SECURE OR FREE FROM ERRORS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
8.DISCLAIMER OF LIABILITIES
9.DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION AND CLASS ACTION WAIVER PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH EightBit Media LP ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE CONDITIONS OF USE AS A COURT WOULD.
Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Competition Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in California on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this section.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and EightBit Media LP both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis within the small claims court’s jurisdiction. EightBit Media LP will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court.
The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in California: (i) an action by EightBit Media LP relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents; or (ii) an action by EightBit Media LP for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in California, and forever waive any challenge to said courts’ jurisdiction and venue.
c.Required Pre-Dispute Procedures
Before initiating any Claim against the other, you and we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by certified mail to EightBit Media LP, 4867 Mercury Street, San Diego, CA 92111, Attn: Legal Department. EightBit Media LP will contact you by letter at the address you provided to us or at the email address you provided to us. You agree to negotiate with EightBit Media LP or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions herein.
You and EightBit Media LP agree to commence any arbitration proceeding within one (1) year after the Claim arises (the one-year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after one (1) year shall be forever barred.
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in California unless EightBit Media LP otherwise agrees to arbitrate in another forum requested by you.
f.Organization, Rules and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
h.Governing Law and Award
The arbitrator shall follow the substantive law of the State of California without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This provision survives termination of your account or relationship with EightBit Media LP, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and EightBit Media LP and shall not be modified except in writing by EightBit Media LP.
EightBit Media LP reserves the right to amend this arbitration provision at any time. Your continued use of the Website constitutes your consent to such changes.
YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU ACCESS OR USE THIS WEBSITE BY WRITING TO US VIA CERTIFIED MAIL AT EightBit Media LP, 4867 MERCURY STREET, SAN DIEGO, CA 92111, ATTN: LEGAL DEPARTMENT. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE WITHIN THE 30 DAYS AND THE DATE YOU FIRST USED THE WEBSITE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless EightBit Media LP, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; or (3) your violation of any law or the rights of a third-party.
11.THIRD-PARTY WEBSITES AND LINKS; AFFILIATE LINKS
Our Website may include materials from third-parties or links to third-party websites. We are not liable for any third-party materials or websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products, services, or information should be directed to the applicable third-party.
The Website may contain affiliate links, which means that if you click on one of these links, EightBit Media LP will receive a payment. This payment comes at no additional cost to you and helps support the continuation of our Website.
12.TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and warrant that you are the owner or have sufficient rights to share the Submissions with us. Submissions represent the unique experience of the submitting individuals, and do not necessarily reflect the experience that you may have using our Website.
EightBit Media LP reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. EightBit Media LP shall be under no obligation to use any, or any part of, any testimonial submitted.
13.DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS
This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website. All notices should be addressed to the following contact person:
Notification of Claimed Infringement:
EightBit Media LP
Attn: DMCA/Copyright Agent
1804 Garnet Avenue #387
San Diego Ca. 92109
Email: [email protected]
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
b.Intellectual Property Rights, License
The copyright in all materials provided on the Website is owned by EightBit Media LP or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of EightBit Media LP. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include this copyright notice. EightBit Media LP may revoke any of the foregoing rights at any time. You may not, without EightBit Media LP’ prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of EightBit Media LP. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of EightBit Media LP or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of EightBit Media LP. EightBit Media LP prohibits the use of any EightBit Media LP logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by EightBit Media LP in writing.
You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
You may not assign any of your rights under these Terms, and any such attempt will be null and void. EightBit Media LP and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of EightBit Media LP’ business is transferred to another entity by way of merger, sale of its assets or otherwise.
No waiver by EightBit Media LP of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by EightBit Media LP to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.
In the event that we terminate this Agreement, Sections 2-4, 6-10, 12-19, as well as any representations, warranties, and other obligations made or taken by you, shall survive the termination of this Agreement.
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and EightBit Media LP, and supersedes and replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
20.QUESTIONS OR ADDITIONAL INFORMATION
If you used or access the Website and have questions, please contact us by phone or email.
EightBit Media LP
Attn: DMCA/Copyright Agent
1804 Garnet Avenue #387
San Diego Ca. 92109
Email: [email protected]