TERMS AND CONDITIONS OF USE
This Agreement describes the terms by which Taylor Made Productions, Inc. t/a Savvy and Savvy NYC (collectively “Savvy”) offers you access to those products, materials and services described on the www.Savvynyc.com and/or www.designersamplesales.com (collectively hereinafter referred to as “Website”). By browsing or accessing this Website You accept and acknowledge without limitation or qualification (I) Each of the Following Terms and Conditions; (II) That you have the capacity to be bound by these Terms and Conditions; and (III) That if you are a company or other form of legal entity, that you have the power and authority to bind such company or entity. As used herein, the term “Agreement” means this Terms and Conditions and all terms, conditions and rules that may be later published or displayed from time to time by Savvy on this Website or any other link to or from this Website, including each amendment, alteration, modification or supplementation (“Additional Terms”) of any and all of the following, all of which are incorporated herein by reference. USE OF THE WEBSITE SHALL ASSUME THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACKNOWLEDGE THE TERMS OF USE AND DISCLAIMERS BEFORE USING THE WEBSITE.

1. MODIFICATION OF THE TERMS OF USE
Savvynyc.com reserves the right to change the terms, conditions and notices under which the Website is offered including, but not limited to, any changes associated with the use of the Website. You are responsible for regularly reviewing these Terms and Conditions any use and/or continued use shall constitute acknowledgment of your acceptance of same.

2. NATURE OF WEBSITE AND WEBSITE MATERIALS.
This Website is intended to provide a secure on-line environment for your personal, non-commercial, purchase of Savvy’s products and the products of the designers it represents, and to provide you with information relating to such products (the “Service”). You should assume that everything you see or read on the Website is the property of Savvy and or the designers it is representing. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivated works from, transfer, or sell any information, software products or services, obtained from the Website.

You may display and subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with Savvy or to purchase Savvy products. Any other use of materials on this Website, including, but not limited to, the modification, reproduction, distribution, republication, display or transmission of the contents of this Website, without prior written consent of Savvy is strictly prohibited.

Harassment or interference in any manner or form on the Website, including via e-mail and chat or by obscene or abusive languages is strictly forbidden. Impersonation of others, including a Savvy employee, host or representative or other member or visitor of the Website is expressly prohibited. You may not upload to, distribute or otherwise publish through the Website any content which is defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, hateful, racially, ethnically or otherwise objectionable material of any kind or nature, illegal, or which may constitute or encourage a criminal offense, violate the right of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You may not engage in surveys or contests, or post or transmit “junk mail”, “spam”, “chain letters”, or other duplicative or unsolicited mass distribution of messages (commercial or otherwise). You acknowledge and agree that Savvy neither endorses the content of any user’s communication, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by a user of this Website.

III. COPYRIGHT AND TRADEMARKS

You acknowledge that the Website content, including but not limited to, text, software, music, sound, photographs, video, graphics design, graphics, interfaces, or code or other material contained on this Website or in sponsor advertisements or commercially produced information presented to you as part of your use of the Website (“Content”) by Savvy, Savvy’s advertisers or other third parties is protected and the selection and arrangement thereof is copyrighted as a collective work by copyright laws of the United States and other jurisdictions, and is the property of Savvy. The collective work includes works that are licensed to Savvy. All trademarks, service marks and trade names (collectively the “Marks”) are trademarks, registered trademarks of and are proprietary to Savvy or other respective owners that have granted Savvy the right and license to use such Marks. Use of the Website does not transfer, convey or grant any right, title, or interest in Content to you, and you may not copy, reproduce, distribute, or create derivative works from the Content without express authorization from Savvy, the advertiser or the disclosing third party, as applicable. Any misuse of the Content is strictly prohibited. Savvy may, in its sole discretion, aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution where appropriate.

TYPOGRAPHICAL ERRORS
In the event a Savvy product or service is listed at an incorrect price due to a typographical error or error pricing information received from our designers, Savvy shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. Savvy shall have the right to refuse or cancel any such orders whether or not the order has previously been confirmed and/or credit card charged. If your credit card has already been charged, for the purchase and, your order is so cancelled, Savvy shall issue a credit to your credit card account in the amount of the incorrect price.

TERMS
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions may be modified or terminated by Savvy without notice at any time for any reason. The provision relating to copyrights and trademarks, disclaimers, claims, limitation of liability, indemnification, applicable laws, arbitration in general, shall survive any such termination.

DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER SAVVY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING PROVIDED TO YOU ON THIS WEBSITE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. SAVVY 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, TITLE AND NON INFRINGEMENT OF INTELLECTUAL PROPERTY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SAVVY MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRRUPTED, TIMELY, SECURE, ERROR FREE, FREE OF INFECTION OR VIRUSES, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT YOUR INFORMATION OR OTHER DATA WILL NOT BE LOST. SAVVY ALSO ASSUMES NO RESPONSIBILIITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIAL, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITE.

YOU FURTHER UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT. YOU ALSO ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. EXCEPT AS OTHERWISE NOTED AT THE TIME OF SALE, SAVVY MAKES NO WARRANTY REGARDING ANY PRODUCTS PURCHASED OR SERVICES PROVIDED OR OBTAINED BY VIRTUE OF YOUR USE OF THE WEBSITE. SAVVY DOES NOT REPRESENT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAVVY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

SAVVY DOES NOT FILTER ANY OF THE CONTENT THAT CHILDREN MAY VIEW THROUGH OUR WEBSITE OR SITES LINKED THEREIN, AND THEY COULD RECEIVE CONTENT AND MATERIALS FROM THE INTERNET AND/OR ADVERTISERS THAT ARE INAPPROPRIATE FOR CHILDREN. WE THEREFORE ENCOURAGE PARENTS TO SPEND TIME WITH THEIR CHILDREN AND CONSIDER USING AN ELECTRONIC FILTER SOFTWARE.

LIMITATION OF LIABILITY
SAVVY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, DAMAGES, EXPENSES, OR COSTS RESULTING DIRECTLY OR INDIRECTLY FROM, OR OTHERWISE ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY TRANSACTION UNDERTAKEN BY YOU THROUGH THE USE OF THE WEBSITE. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SAVVY AND ITS PARENTS, SUBSIDIAIRES, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES AND AGENTS, WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

USER PARTICIPATION
Savvy does not and cannot review all communication and materials posted to or created by users accessing this Website and is not in any manner responsible for content of these communications and materials. You acknowledge that by providing you the ability to view and distribute user generated content on this Website, Savvy is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Savvy reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) violative of any law or regulation or (e) offensive or otherwise unacceptable to Savvy at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Savvy in accordance with Savvy’s underlying Privacy Policy.

USER’S SUBMISSIONS
Accept for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy any material, information or other communications you transmit, upload or post to this Website (“Communications”) will be considered non-confidential and non-proprietary. Savvy will have no obligation with respect to the Communications. Savvy and its designers will be free to copy, disclose, distribute, incorporate and/or otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Savvy may, in its sole discretion, terminate your access to the Website, or suspend your access to all or part of the Website, without notice, for any conduct that Savvy, in its sole discretion, believes is in violation of any applicable law or is harmful to the interest of another user, Savvy, a service provider, or a third party provider.

USER CHAT ROOMS
Savvy may, but is not obligated to, monitor or review any areas on the Website where users transmit or post Communication or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards or other users forms and the content of any such Communications. Savvy, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of trademark, liable, privacy, obscenity, or otherwise.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Website may contain links to other sites on the internet that are owned and operated by third party vendors and other third-parties (the “External Sites”). However, if the third-party is unaffiliated with Savvy, Savvy has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Savvy. Savvy therefore has no responsibility or liability for these independent policies or actions and it is not responsible for the privacy practices or the content of such External Sites. These linked sites are only for your convenience and therefore you access them at your own risk. External Links do not imply that Savvy sponsors, endorses and/or is affiliated with or associated with or has been legally authorized to use any trademarks, trade names, service marks, designs, logos, symbols, or other copyrighted materials displayed on or accessible through such External Sites. Nevertheless, Savvy seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on its own Website, and the sites it links to as well (including if a specified link does not work). You should contact the Website administrator for those external sites if you have any concerns regarding such links or the content located on such External Sites.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless Savvy, its parents, subsidiaries, affiliates, directors, officers, shareholders, employees and agents from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, your violation of these Terms and Conditions or the infringement by you, or any other person using your user name or password, or any right of any person or entity.

LAWS
Your use of this Website shall be governed in all respects by the laws of the State of New Jersey, USA, without regards to choice of law provisions, and not by the United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website (including, but not limited to, the purchase of Savvy products) shall be in the state or federal courts located in Hackensack, New Jersey or in Newark, New Jersey respectfully. The cause of action or claim you may have with respect to this Website (including, but not limited to, the purchase of Savvy products) must be commenced WITHIN ONE (1) YEAR AFTER THE CLAIM OF CAUSE OF ACTION ARISES. Savvy’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these Terms and Conditions. Savvy may assign its rights and duties under this Agreement to any party at any time without notice to you.

Savvy makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access the Website from locations outside New Jersey do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States Export Laws and Regulations. Any claim relating to the materials shall be governed by the substantive laws of the State of New Jersey.

ARBITRATION
By using this Website you agree that Savvy, at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about interpretation, to final and binding arbitration under the American Arbitration Association by one or more arbitrators appointed in accordance with the said rules of this organization. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL
Savvy may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages on the Website. In the event that any provision of these Terms and Conditions shall, in whole or in part, be determined by a court of competent jurisdiction to be invalid, unenforceable or void for any reason, such determination shall not affect in any way the remainder of such provision or any other provisions hereof.

The within Terms and Conditions of use and any modifications thereto constitute the entire agreement between the parties with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Nothing contained in these Terms and Conditions shall be deemed to make either party an agent or representative for the other party, or both parties as joint venturors or partners for any purpose.