Terms & Conditions

Last updated: November 21, 2025.

AGREEMENT BETWEEN USER AND SAVINGXL

These Terms and Conditions of Use (“Agreement”) are a legal agreement between you (hereinafter referred to as “You”, “Customer”, “Subscriber”, and “Member”) and SavingsXL (hereinafter referred to as  “We”, “US”, “Our”, “SavingsXL”) the administrator of www.savingsxl.com (the “Site”). By using, registering, or otherwise interacting with the Site in any way whatsoever, including enrolling in a SavingsXL saving plans or receiving the fulfillment of the plan from the servicing provider, you agree to be bound by all the terms and conditions (the “Terms”) set forth in this Agreement. You understand that you are not able to modify these Terms and that you must accept all terms “AS-IS” As part of this Agreement. Should you choose not to accept all Terms in this Agreement, simply do not register your information, make use of, or interact with this Site, or enroll for a savings plan provided in this Site.

This Agreement contains a binding arbitration agreement in the Dispute Resolution by Binding Arbitration Section of this Agreement, which provides that you and SavingsXL, and any of SavingsXL’s principals, owners, employees, affiliates, members, or officers as well as all independent service and fulfillment providers who provide the saving services on behalf of SavingsXL, agree to resolve all disputes arising out of or relating to your registration, use, enrollment into a savings plan, and/or interaction with the Site in any way whatsoever through binding individual arbitration and not in any class or mass arbitration setting, and that you and we both give up any right to have any dispute between the parties be decided in a court by a judge or a jury. You have the right to opt out of our agreement to arbitrate. See the Dispute Resolution by Binding Arbitration section of this Agreement. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

SavingsXL’s Site is a consumer savings curating site which provides easy access to offers and various savings to consumers through a subscription plans. SavingsXL does not provide the fulfillment of the savings offers and is merely the curator of offers that may be available to you and for which you may sign up for, and SavingsXL is not responsible for the savings fulfillment offers. 

Please be advised that SavingsXL’s Privacy Policy is hereby incorporated by reference into this Agreement. The Privacy Policy explains how we collect, protect, share and use your information as a part of our Site, and the fulfillment of the services by our savings fulfillment providers.

CERTAIN SAVINGS OFFERS AND DISCOUNT SERVICES ARE SUBJECT TO REQUIRED DISCLOSURES WHICH ARE AVAILABLE TO YOU ON OUR DISCLOSURE PAGE AND AT THE TIME OF SUBSCRIBING YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPTED THOSE DISCLOSURES. SAVINGSXL DOES NOT CONTROL THE LANGAUGE OF THE FULFILLMENT PARTIES AND SERVICE PROVIDER DISCLOSURES.

ANY ONE OF YOUR FOLLOWING ACTIONS CONSTITUTE YOUR ACCEPTANCE OF, AND AGREEMENT TO, THESE TERMS AND CONDITIONS, INCLUDING THE OBLIGATION TO ARBITRATE CLAIMS WITH SAVINGSXL: (1) ELECTRONICALLY SIGNING FOR ONE OF SAVINGSXL PLANS AND PROVIDING YOUR CREDIT CARD FOR THE PLAN’S SUSBSCRIPTION; (2) LOGGING ON TO USE YOUR MEMBERSHIP SERVICES; (3) MAKING ANY USE OF THIS SITE, INCLUDING YOUR CONTINUED REVIEW OF INFORMATION ON THIS SITE; AND/OR (4) REQUESTING ANY INFORMATION FROM SAVINGSXL REGARDING THE SAVING SERVICES OR THE FULFILLMENT SERVICE PROVIDERS.

THE PARTIES AGREE AS FOLLOW:

DEFINITIONS:

Capitalized terms used in this Agreement but otherwise not defined have the following meaning:

  1. “Client Portal” means the online consumer portal through which Account can be viewed and controlled, and services can be requested.
  2. “Electronic Signature” means an electronic sound, symbol, or process, including clicking a digital button to accept, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
  3. “Force Majeure Event” means any event or circumstance that are beyond that Party’s control, which are considered without limitation as force majeure: any act of God; national emergency; third-party telecommunications networks; riot; war; terrorism; governmental act or direction; change in Laws; fiber, cable, or wire cut; server failure; power outage or reduction; rebellion; revolution; insurrection; earthquake; storm; hurricane; flood, fire, or other natural disaster; strike or labor disturbance; or other cause, whether similar or dissimilar to the foregoing, not resulting from the actions or inactions of such Party.
  4. “User Policies” refers to any of the policies identified in this Agreement, or your Membership Agreement.

Provision of the Service

SavingsXL does not provide fulfillment of the discount services. All fulfillment is provided by a third party service providers, and any sub providers that are associated with the fulfillment provider. SavingsXL sales the discount services fulfilled by third party partners. All discount benefits are sold AS-IS without any warranty of any kind, and all are subject to all required disclosures in your Membership Agreement.

MODIFICATION OF THESE TERMS OF USE

SAVINGSXL RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THE TERMS AT ITS DISCRETION. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THESE TERMS, WHICH WILL BE NOTED BY THE “LAST UPDATED” DATE HEREIN, SUPERSEDES ALL PREVIOUS VERSIONS. REGARDLESS OF WHETHER OR NOT YOU REVIEWED THE CHANGES TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOUR CONTINUED USE OF ANY PART OF THIS SITE OR ANY FEATURE ON OUR SITE CONSTITUTES YOUR ACCEPTANCE TO ALL TERM CHANGES TO THIS AGREEMENT.

LINKS TO THIRD PARTY SITES

This Site may contain links to external websites (“Linked Sites”). The Linked Sites are not under the control or management of SavingsXL, and SavingsXL is not responsible for the contents of the Linked Site, including without limitation any links contained in a Linked Site or any changes or updates to a Linked Site. SavingsXL is not responsible for webcasting or any other form of transmission received from any Linked Site. SavingsXL is providing these links to you only as a convenience, and the inclusion of any links to Linked Sites does not imply endorsement by SavingsXL of the Linked Site or any association with its operators.

ACCEPTABLE USE POLICY

As a condition of your use of the Site or our Subscription, you warrant to SavingsXL that you will not use the Site for any purpose that is unlawful, prohibited by law and/or regulation, or is prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, negatively impact or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information from the Site through any means not intentionally made available or provided for through SavingsXL on this Site.

The Site and the Service may only be used for lawful purposes and under this Acceptable Use Policy. Additionally, you are prohibited from using the Site or the Subscription services as follows:

  • In any manner that violates any federal, state, international, or local law or regulation;
  • In a manner that materially interferes with our activities or overall business or harms any of our customers, employees, affiliates, agents, officers, or directors;
  • To threaten, bypass, or destroy any security mechanism used with or incorporated in the Website or the Service;
  • To disparage, denigrate, insult, or otherwise make pejorative statements about the Company and/or any of its affiliates, directors, officers, employees, partners, brand, products, or service;
  • To transmit any content or information that is offensive, lewd, pornographic, defamatory, libelous, harassing, tortious, abusive, illegal, prejudice, discriminatory, or otherwise inappropriate or objectionable;
  • To transmit any marketing, advertising or promotional materials, including without limitation any “spam,” “junk mail,” or other deceptive or unsolicited bulk or commercial email;
  • To harm, or attempt to harm, minors in any way;
  • To modify, sub-license, adapt, translate, reverse engineer, sell, disassemble, or decompile any portion of the Service and/or the Website’s functionality;
  • To impersonate the Company (including any Company officer or employee), any user of our Website and/or Service, or any other person or entity;
  • To transmit any content, data, or material that infringes the intellectual property rights or other personal rights (including privacy) of any third parties;
  • To use the Service and/or the Website in connection with unsolicited, unwanted, or harassing communications, including without limitation, SMS messages, phone calls, voice mail, chat, video, or email;
  • To transmit any content, data, or material that contains viruses, spyware, spiders, robots, worms, Trojan horses, logic bombs, or any other type of malicious or deleterious programs;
  • To use the Website or the Service to collect information about other users, including phone numbers or email addresses, without any such individual’s prior explicit consent or otherwise under false pretenses of any kind;
  • In any manner that violates any other applicable policy maintained by the Company, including without limitation the Company’s Privacy Policy, Terms of Use, and Copyright Policy;
  • To use the Service or Website to record or monitor a phone call or other communication without first obtaining express consent from the participants per applicable law (such as California’s Invasion of Privacy Act);
  • In any manner that can reasonably be considered contrary to the Company’s goodwill, public image, and overall reputation;
  • To express or imply that any user’s statements, activities, or causes are endorsed by the Company;
  • To collect, or attempt to collect, personal information about users or other third parties without their prior knowledge and affirmative consent;
  • To divulge any of the Company’s (or any affiliate’s) proprietary information;
  • In any manner that promotes any illegal activity (such as driving under the influence, illegal drug use, violence, child abuse, or underage drinking); or
  • To knowingly receive, use, re-use, upload or download any material which:
    • Contains material that may reasonably be considered obscene, defamatory, offensive, abusive, hateful, inflammatory, harassing, violent, or otherwise objectionable;
    • Promotes pornographic or other sexually explicit material, discrimination, or violence, based on race, religion, nationality, sex, gender, disability, age, or sexual orientation;
    • Is likely to deceive any person acting reasonably under the circumstances;
    • Impersonates any person; or
    • Involves commercial activities or sales.

YOU ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS

SavingsXL may provide you with a venue through which you can obtain additional consumer services or benefits not related to your Subscription Plan benefits. SavingsXL may do so by connecting you with other third party providers and services (whether at additional cost or at no cost depending on the services), which may include financial educational materials, debt relief information and options (including referrals to various independent third-party service providers, such as financial institutions, student loan relief providers, debt management or debt settlement companies), or other consumer products and benefits that may be of interest to you. You understand and acknowledge that SavingsXL may be compensated for referrals made through this Site. SavingsXL does not guarantee the accuracy or completeness of any of the information provided on the Site or with regards to the any of the independent third party service providers and are not responsible for any loss resulting from your reliance on such information.

You agree that you are to examine the information provided and conduct your own research of whether the  benefits or services marketed on this Site fit your financial situation. Likewise you understand that all fulfillment services have been examined by you and meet your needs. We do not validate or investigate the licensing, certification or other requirements and qualifications of any fulfillment service providers or third party service providers. It is your responsibility to investigate the benefits you are using and the service providers you are considering engaging with. You acknowledge and agree that fulfillment providers are solely responsible for any services that they may provide you, and that SavingsXL is not liable for any losses, costs, damages or claims in connection with, arising from, or related to, your use of any fulfillment providers products or services.

NO GUARANTEE OF QUOTES, FEES, TERMS, RATES, COVERAGE OR SERVICES BY SERVICE PROVIDERS

We do not make any warranties or representations regarding the quotes, fees, terms, rates, coverage or services offered or made available discount benefit service providers which may be included in your benefits package in the Subscription Plan purchased from our Site. We do not guarantee that quotes, fees, terms, rates, coverage or services offered are the best available in the marketplace. You may be able to find better fitting offers elsewhere.

FEEDBACK PROVIDED TO SAVINGSXL OR POSTED AT ANY SAVINGSXL’S SITE

SavingsXL does not claim ownership of the materials you provide to SavingsXL (including feedback and suggestions) or post, upload, input or submit to any SavingsXL Site or its associated services (collectively “Feedback”). However, by posting, uploading, inputting, submitting, or providing your Feedback you are granting SavingsXL a non-exclusive, royalty free, perpetual license to use your Feedback and/or its contents in connection with the operation of the Site or business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Feedback; and to publish your name in connection with your Feedback.

No compensation will be paid with respect to the use of your Feedback, as provided herein. SavingsXL is under no obligation to post or use any Feedback you may provide and may remove any Feedback at any time at SavingsXL’s sole discretion.

By posting, uploading, inputting, providing or submitting your Feedback you warrant and represent that you own or otherwise control all of the rights to your Feedback as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Feedback.

ELECTRONIC COMMUNICATIONS USE

All website interactions and phone calls are recorded for marketing, compliance and quality assurance purposes.

  1. Telephone Consumer Protection Act Compliance

SavingsXL takes the Telephone Consumer Protection Act (“TCPA”) compliance with outmost seriousness. Therefore, any TCPA procedures are pursuant to a strict TCPA compliance policy of Company. This provision, outlines our general consent requirements and acknowledgements which you will be subject to in the event you submit a TCPA consent form or contact form seeking a communication from us. By providing us with your name, email, phone number on the submission form containing the TCPA disclosure, and signing using your E-Sign signature, you expressly authorize SavingsXL to contact you (including using autodialers, automated text and artificial or pre-recorded messages) via your telephone, cellphone, mobile device (including via Short Message Service (“SMS”) or wireless internet (“WAP Service”)) and bot chats or via email, even if your telephone number is currently listed on any state or federal Do Not Call list. In the event that you have previously requested to be on the Company’s Do Not Call List, you understand that even if you submit a request to be called again, the Company policy is not to contact anyone who requested to be on the Company’s Do Not Call List. You understand that standard phone and data charges may apply. Your TCPA consent is not required and you are not required to complete a TCPA Consent form as a condition of receiving our services.  You also consent to the recording and monitoring of all calls to and from us. You represent you are the owner or authorized user of the mobile device and the phone number associated with that mobile device to which we will be making phone calls and on which messages will be received, and that you are authorized to approve all applicable charges associated with the receipt of message from us. You may opt out of receiving calls and/or messages to your telephone or mobile device at any time by any and all reasonable methods, including responding to a text message with any of the following words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe,” or notifying us at [email protected], or via our interactive or automated voice or key press revocation method if on the call with us, and you may opt out of receiving emails by clicking the “Opt-out” link on the bottom of the email. You acknowledge and agree that only United States residents may use the SMS or WAP Service to communicate with us.

  1. Data Security of SMS and WAP Service Communications

SMS or WAP Services are provided via wireless systems which use radio frequencies (and other means) to transmit communications over complex networks. SavingsXL does not guarantee that your use of the SMS or WAP Services will be private or secure, and SavingsXL will not be liable to you under any circumstance for any lack of privacy or security breach caused to you or that you may experience while sending or receiving SMS or WAP Services using your mobile device. You are fully responsible for taking all precautions and ensuring security measures are taken by you when using the SMS or WAP Service. You acknowledge and agree SavingsXL may access the content of your account and the wireless account with your carrier for the purpose of identifying and resolving technical problems and service-related complaints. Please review our Privacy Policy for additional information governing privacy of your personal information.

LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER

THE INFORMATION, DISCOUNT PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES, OLD INFORMATION, OR TYPOGRAPHICAL ERRORS, AND IN NO WAY SHOULD BE INTERPERTED AS ERROR FREE. SAVINGSXL MAKES PERIODICAL CHANGES TO THE INFORMATION AND MATERIALS PROVIDED ON THE SITE, AND MAY UPDATE OR CORRECT ANY INACCURACIES, OLD INFORMATION, OR OTHER TYPOGRAPHICAL ERRORS ON THE WEBSITE. IN ADDITION, SAVINGSXL AND/OR ITS SITE ADMINISTRATOR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO SITE AT ANY TIME.

SAVINGSXL AND/OR ITS SITE ADMINISTRATOR MAKE NO REPRESENTATIONS ABOUT AND DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, AVAILABILITY OF DISCOUNT PRODUCTS, NATURE AND BENEFIT OF THE DISCOUNT SERVICES, FULFILLMENT SERVICES, OR THIRD PARTY SERVICE PROVIDERS, AND RELATED LINKS OR GRAPHICS CONTAINED ON OR AVAILABLE THROUGH THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. ALL SUCH INFORMATION, DISCOUNT PRODUCTS, DISCOUNT SERVICES AND FULLFILLMENT SERVICES, RELATED LINKS OR GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAVINGSXL AND/OR ITS WEBSITE OWNER, ADMINISTRATOR, OFFICERS, EMPLOYEES, MEMBERS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) THE USE OR PERFORMANCE OF THE SAVINGSXL SITE; (II) WITH THE DELAY OR INABILITY TO USE THE SAVINGSXL SITE OR ANY RELATED AND/OR OFFERED DISCOUNTED PRODUCTS OR SERVICES; (III) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES BY ANY THIRD-PARTY FULLFILLMENT PROVIDERS; (IV) THE DISCOUNTINUANCE OF ANY DISCOUNT SERVICES OFFERED ON ANY OF SAVINGSXL’S SUBSCRIPTION PLAN; (V) THE DATA BREACH OF OUR PAYMENT PROCESSORS, FULFULLMENT PROVIDER, OR THIRD PARTY SERVICE PROVIDERS SYSTEM RESULTING IN THE LEAKAGE OF INFORMATION CONTAINING PERSONAL INFORMATION OF A SAVINGSXL SUBSCRIBER; (VI) THE PROCESSING OF PAYMENT BY PAYMENT PROCESSORS OR BY YOUR CREDIT CARD OR BANK; (VII) ARISING OUT OF OR RELATING TO ANY INFORMATION, DISCOUNT PRODUCTS, DISCOUNT SERVICES AND RELATED LINKS OR GRAPHICS OBTAINED THROUGH THE SAVINGSXL SITE; OR (VIII) OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF THE SAVINGSXL SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAVINGSXL OR ANY OF ITS SUPPLIERS, PARTNERS, THIRD PARTY VENDORS, OR TECHNOLOGY PROVIDERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF A CLAIM, DISPUTE, DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU LIVE IN A STATE/JURISDICTION THAT EXPRESSLY PROHIBITS THE USE OF LIMITATION OF LIABILITY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SAVINGSXL SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SAVINGSXL SITE AND RECEIVE A REFUND OF YOUR SUBSCRIPTION PAYMENT AMOUNT MADE TO SAVINGSXL.

PORTAL ACCESS AND ACCESS TERMINATION

SavingsXL’s Site contains a portal access in which you will have access to all available discount benefits under your Subscription Plan. You will be required to set up your access information and access credentials and access the portal in order to activate your Subscription Plan.

You may create your own login information on the Sites by completing the online registration process. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.

If you create a login, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. Our employees will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Sites if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Sites.

Should you obtain such access to restricted areas on the Site, SavingsXL reserves the right, in its sole discretion, to terminate your access to the SavingsXL Site and the related services or any portion thereof at any time, without notice, if you fail to maintain your Subscription current or in the event that you misuse our Site,  or otherwise breach the these terms or our Privacy Policy, you understand that SavingsXL reserves the right, in its sole discretion, terminate your access and/or use of the Site, or any tool or software on the Site.

SITE NOT INTENDED FOR USE BY MINORS UNDER THE AGE OF 18

The Site is not designed or directed to individuals under the age of eighteen (18), and we request that these individuals do not provide Personally Identifiable Information (PII) through the Site. Information of minors that is considered PII under the Children Online Privacy Protection Act (COPPA) includes: (i) First and last name; (ii) Physical address that includes street and town or city name; (iii) E-mail address; (iv) Online identifier that permits an individual to be contacted directly (e.g. an IM name, video or audio chat username, or other form of screen name); (v) Telephone number; (vi) Social security number; (vii) Image, video or audio containing an individual’s image or voice; (viii) Information sufficient to identify the home or other physical address of an individual; (ix) A cookie number, IP address, unique device number or other persistent identifier that can be used to track and recognize an individual over time and across different websites or apps; and/or (x) Hobbies, interests, information collected through the use of cookies, and any other information collected from a child that is either about that child or the parents/guardians of that child that, when combined with any of the above, can be used to identify the child.

SavingsXL does not knowingly or willfully collect PII from minors under 18 years of age without parental consent. If you believe your minor child provided his information on our site in disregard of these Terms and Conditions, we request that you contact us by email at [email protected] or by phone at 866-898-7903, and inform us so we can delete any PII provided by your child. For more information regarding this policy please visit our Privacy Policy.

COPYRIGHT AND TRADEMARK NOTICES:

SavingsXL logo, trademarks, trade names or service marks of SavingsXL are property of SavingsXL exclusively and are protected under U.S. law. All other trademarks and service marks presented on the Site are the property of their respective owners, and SavingsXL has obtained permission to use them in association with the educational information and referral services provided. You are not permitted to use any trademark or service mark displayed on this Site without the prior written consent of SavingsXL or the owner of such trademark or service mark. You acknowledge and understand that you have no rights to any trademarks, service marks, copyrights. SavingsXL reserves all rights to its Intellectual Property on the Site.

COPYRIGHT INFRINGEMENT POLICY:

In accordance with the requirements set forth in the Digital Millennium Copyright Act, Title 17 United States Code Section 512(c)(2)(“DMCA”), SavingsXL will investigate notices of copyright infringement and take appropriate remedial action. If you believe that any Content on the Site has been used or copied in a manner that infringes your work, please provide a written notification of claimed copyright infringement to the Designated Agent for the Site containing the following elements as set forth in the DMCA:

  • a physical or electronic signature of the owner of the copyright interest that is alleged to have been infringed or the person authorized to act on behalf of the owner;
  • identification of the copyrighted work(s) claimed to have been infringed, including copyright date;
  • identification of the Content you claim to be infringing and which you request be removed from the Site or access to which is to be disabled along with a description of where the infringing Content is located;
  • information reasonably sufficient to allow us to contact you, such as a physical address, telephone number and an email address;
  • a statement by you that you have a good faith belief that the use of the Content identified in your written notification in the manner complained of is not authorized by you or the copyright owner, its agent or the law; and
  • a statement by you that the information in your written notification is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on behalf of the copyright owner.

SavingsXL’s designated agent for the written notification of claims of copyright infringement can be contacted at the following address:

Designated Agent – Copyright Infringement Claims
SavingsXL
8220 W. State Road 84,
Fort Lauderdale, FL 33324
Email:  [email protected]

YOUR INDEMNIFICATION REQUIREMENTS

You agree to defend, indemnify and hold SavingsXL and its officers, directors, shareholders, employees, independent contractors, agents, representatives, fulfillment partners, and third-party affiliates harmless from any and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or related to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete, and current personally identifiable information (“PII”) in response to any request form on our Site, or as part of your Subscription Plan purchase, or as part of your benefits request with any of the fulfillment vendor or any service provider ; (iii) your access or use of Subscription and services through our Site; (iv) access to our Site or use of our Services under any password that may be issued to you; (v)your purchase of, and payment for a Subscription Plan, including but not limited the unauthorized use of a credit, debit, or ACH account information; (vi) any claim against the service provider providing the discounted benefits you have purchased from SavingsXL; and/or (vii) any personal injury or property damage caused by you.

GENERAL / MISCELLANEOUS TERMS

Governing Law, Jurisdiction, Venue; Waiver of Jury Trial. This Agreement is governed by the laws of the State of Florida, without regards to any choice of law provisions or principles. Should you properly and timely opt out of Arbitration, you hereby consent to the exclusive jurisdiction and venue of state or federal courts sitting in Broward County, Florida, in all disputes arising out of or relating to the use of the SavingsXL’s Site. If you did not opt out of Arbitration, please see the Arbitration provision below for the applicable law and jurisdiction governing your arbitration. You and we agree to submit to the personal jurisdiction of the courts located within Broward County, Florida for the purpose of litigating all such claims or disputes. SHOULD YOU PROPERLY AND TIMELY OPT OUT OF ARBITRATION, YOU, NONETHELESS, UNDERSTAND THAT EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY THAT MAY ARISE UNDER THIS AGREEMENT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT.

Relationship of the Parties. You agree that no joint venture, independent contractor, partnership, employment, or agency relationship exists between you and SavingsXL as a result of this Agreement or use of the SavingsXL Site.

Applicability of Laws. SavingsXL’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SavingsXL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the SavingsXL Site or any information provided to or gathered by SavingsXL with respect to such use. Use of the SavingsXL Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Entire Agreement. Unless otherwise specified herein, this Agreement, along with our Privacy Policy, any Notices and Disclosures on our Site, which are incorporated herein by reference, together constitute the entire agreement between the You and SavingsXL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SavingsXL with respect to the SavingsXL Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be drawn up in English despite having these terms in translated to other languages.

AMENDMENTS TO THIS AGREEMENT

We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.

Dispute Resolution by Binding Arbitration  – IMPORTANT NOTICE WAIVING YOUR RIGHT TO BRING A CLAIM BEFORE A JUDGE OR JURY IN COURT.

In the event of any controversy between you and SavingsXL (and any of our technology providers, designated servicers, and any fulfillment provider working on your behalf, including TouchSuite, NMI, and Inteq), including but not limited to any demand, claim, suit cross claim, counterclaim, or third-party complaint or dispute, whether contractual, statutory, in tort or otherwise arising out of, or in any way relating, to our relationship, including but not limited to this Agreement, Your Subscription Plan, our Privacy Policy, Site Disclaimers and Disclosures, use of the SavingsXL Site, the information on SavingsXL’s Site, SavingsXL’s TCPA consent form or alleged TCPA violation, or the breach, termination, enforcement, interpretation, or validity of the Agreement or its performance by any party involved in the rendition of the services to you, including any determination of the scope, enforcement or applicability of this provision to arbitrate, shall be resolved by binding arbitration in the nearest metropolitan area to the county in which you reside, or at such other location upon which the parties may agree upon. This agreement to arbitrate shall be governed exclusively by the Federal Arbitration Act (“FAA”), 9 U.S.C. §1 et sec., which shall govern the interpretation and enforcement of our mutual agreement to arbitrate, and not by any state rule or statute governing arbitration and without regards to any state arbitration law. This agreement to arbitrate shall survive termination of the Agreement. The Parties agree to the following Arbitration Terms:

  1. The Arbitration shall be administered by the American Arbitration Association (“AAA”) (www.adr.org), the Judicial Arbitration Mediation Services (“JAMS”), or another nationally known consumer arbitration service agreed by the parties in the event AAA and JAMS no longer conduct consumer arbitrations. The Party who intends to seek arbitration must first send to the other Party a written Notice of Dispute before filing it with the arbitration service provider. The Notice must describe both the nature and basis of the dispute; and the specific relief sought. Any notice shall be deemed to have been given and received for all purposes when delivered by hand, a day after receipt through a nationally recognized overnight courier, or a day after being received through certified or registered mail, postage and charges prepaid, return receipt requested, to us at: SavingsXL, Attn: Legal Department, 8220 W. State Road 84, Fort Lauderdale, FL 33324.
  2. Commencement and Rules of Arbitration. If we do not resolve a claim within 30 days after receipt of the Notice, the party sending the Notice may commence an arbitration proceeding with the AAA, JAMS, or another national arbitration provision if AAA or JAMS are unavailable, by filing a Demand of Arbitration in effect at the time the action is commenced. If you choose to file with the AAA, you may download or copy the form to initiate arbitration from the following website: http://www.adr.org/consumer. The AAA shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the AAA shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (“AAA Rules”), with the exception of Mass or Class Arbitration rules. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. If you choose to file with JAMS, you may download or copy the form to initiate arbitration from the following website: https://www.jamsadr.com/adr-forms. JAMS shall provide the parties a list of 5 arbitrators in which the parties may agree on an arbitrator. If the parties cannot mutually agree on an arbitrator, the parties shall rank the arbitrators and the JAMS shall appoint a single arbitrator who shall administer the arbitration proceeding pursuant to its Commercial Dispute Resolution Procedures and the Consumer Arbitration Minimum Standards (“JAMS Rules”), with the exception of Mass or Class Arbitration rules. In the event another arbitration service is provided, the parties agree to follow the rules and principles of that arbitration service, except as to any rights to Mass or Class Arbitration rules which the Parties expressly agree will not apply.
  3. The Arbitrator. The selected arbitrator shall be either a retired judge or an experienced attorney, shall be neutral and independent, and shall comply with the selected arbitration service’s code of ethics. The Arbitrator shall conduct the arbitration in a civil manner and ensure civility of the parties while making their arguments. Additionally, in conducting the arbitration hearing, in addition to the selected arbitration service rules, the arbitrator shall be guided by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Florida substantive law, and in case of a federal law based claim the applicable federal law at issue.
  4. The Arbitration Award. The Arbitrator shall issue a written reasoned award in which the arbitrator shall address the claims, defenses, evidence presented, and legal reasoning in making his decision. If the Arbitrator determines that reasonable attorney fees and costs may be awarded under applicable law, the parties agree that the arbitrator will also determine the amount of reasonable attorneys’ fees to be awarded. Any award rendered by the arbitrator shall be final and binding and shall not be subject to vacation or modification, except as expressly permitted by the Federal Arbitration Act. Judgment on the Arbitration Award may be entered in the jurisdiction in which the arbitration was commenced or in any court having jurisdiction over the Party against whom judgment is to be entered.
  5. Waiver of Right to Bring Mass or Class Actions. The parties agree that either party may bring claims against the other only in his/her or its individual capacity and not as a plaintiff or class member in any purported mass, class, or other representative proceeding. Further, the parties agree that the arbitrator may not consolidate proceedings of more than one person’s claims and may not otherwise preside over any form of representative or class proceeding.
  6. Limitation on Injunctive Relief: The arbitrator may award injunctive relief only in favor of an individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  7. Costs of Arbitration: Payment of all filing, administration and arbitrator fees will be governed by the selected arbitration service rules. Each party shall bear its own attorneys’ fees, if any, unless such fees are expressly provided for by applicable law. In the event that a party fails to proceed with Arbitration, unsuccessfully challenges the Arbitrator’s award, or fails to comply with the Arbitrator’s award, the other party shall be entitled to costs of suit, including reasonable attorneys’ fees for having to compel Arbitration or defend or enforce the award.
  8. Arbitration Opt-Out. YOU MAY OPT-OUT OF THE TERMS OF THIS ARBITRATION PROVISION BY PROVIDING SAVINGSXL WITH NOTICE IN WRITING WITHIN THIRTY (30) DAYS OF FIRST USING OUR SITE. If you do so, neither you nor we can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing either by U.S. mail delivered to: SavingsXL, Attn: Legal Department, 8220 W. State Road 84, Fort Lauderdale, FL 33324 or by email delivered to [email protected]. You must include: (1) your name and residence address; (2) the email address and/or mobile telephone number associated with your account; and (3) a clear statement that you want to opt out of this agreement to arbitrate.
  9. What does arbitration mean? By agreeing to arbitration, we both acknowledge and agree that we are each: (i) waiving the right to pursue any other available dispute resolution processes, including, but not limited to, a court action or administrative proceeding, (ii) waving the right to participate in any class or mass action, (iii) waving the right to a trial by either a judge or jury, and (iv) giving up any right to appeal the arbitrator’s decision, except for a limited range of appealable issues expressly provided in the FAA. This section is considered by the parties to be an integral and non-voidable requirement and part of this Agreement, and the parties agree that prior to signing this Agreement including agreeing to this section they: (1) have had the opportunity to review such carefully, including with their own legal counsel if needed, (2) the parties understand the limitations on legal rights contained in this section including, but not limited to, the waiver of jury trial, the waiver of court proceeding and class actions, and (3) the parties consent and agree that this section is fair, reasonable, represents the intentions of each party at the time of entry into this Agreement, and should not be set aside later for any reason by any court. This section and the arbitration requirement shall survive termination.

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this agreement to arbitrate in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change.

CONTACT US

Should you have questions regarding these terms or need additional information regarding our services, you may reach us via mail, email, or phone by contacting us at:

SavingsXL

8220 W. State Road 84,
Fort Lauderdale, FL 33324
Email: [email protected]

Phone: 866-898-7903

PLEASE PRINT AND MAINTAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORD. MAKE SURE TO PERIODICALLY CHECK OUR TERMS AND CONDITIONS FOR UPDATES.

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