NOTICE: THIS AGREEMENT COMPLETELY MODIFIES, REPLACES AND REPLEAS THE PRIOR "TERMS OF SERVICE" OF BUXFER, INC. LAST REVISED ON June 10, 2008.
The terms "YOU," or "YOUR" refers you as a Visitor and/or Customer as defined herein. The terms "We," "Our," or "Us" refers to the Company as defined herein.
1.1 BINDING EFFECT. This is a binding Agreement by YOU and the Company. By using the Site or any services and/or products provided in connection with the Site (the "Service"), YOU agree to abide by the terms of this Agreement, as they may be amended by the Company from time to time, in its sole discretion.
Any notice required or permitted under this Agreement to be provided by the Company to YOU, may be either posted to the Site or sent to YOU via e-mail communications or postal mail. The Company reserves the right to solely decide which method of notice to provide. Any such modifications are effective upon the date of posting to the Site, delivery date of the email or deposit date of the postal mail. YOUR continued use of the Site and/or the Service following such notices constitutes YOUR acceptance and agreement to abide to the terms as modified.
YOU AGREE AND REPRESENT THAT BY USING THIS SITE AND/OR THE SERVICE YOU ARE AT LEAST 18 YEARS OLD OR THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND HAVE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
1.3 ACCEPTING THE TERMS. By the visiting the Site, using the Service, or by using the information, tools, features, software and functionality including content, updates and new releases provided by the Company, the Site or the Service, YOU agree to be bound by this Agreement, whether YOU are a "Visitor, "which means that YOU simply browse the Site, or a "Customer," which means that YOU have registered for a User Account with Us. The term "YOU," "YOUR," or "User" refers to you as a Visitor or Customer. The term "We," "Our," or "Us" refers to the Company. If YOU wish to become a Customer or want to make use of the Service, YOU must read this Agreement and indicate YOUR acceptance during the registration process with Company which occurs when YOU create a User Account or when prompted to do so by the Company.
In order to use any of the Service, YOU must accept this Agreement and have capacity and be legally authorized to accept and be bound by these terms and must be at least 18 years of age, if YOU reside in the United States of America or must be of legal age to form a binding contract with the Company, if YOU reside elsewhere.
We recommend that YOU print and save a copy of this Agreement for YOUR records.
3.1 DESCRIPTION OF SERVICES. The Service is a personal finance information management service that allows YOU to consolidate and track YOUR financial information and is meant to provide YOU with information to allow YOU to organize and manage YOUR finances. As such, the Service allows YOU to sync and consolidate YOUR financial information from third parties service providers (e.g. YOUR checking account transaction data, credit card transaction data, etc.) to YOUR User Account. The Service also allows YOU to share, monitor and manage the expenses that YOU share with other individuals, as further described in Section 4.3 below, entitled "Groups" as well as to send money to other individuals as further described in Section 4.4, below, entitled "Send Money." 3.2 FEES & MEMBERSHIP CATEGORIES. The Company's provides both free-of-charge and at-a-charge service. There are currently three (3) different categories of membership to obtain the Service: (1) Free Membership; (2) Plus Membership and (3) Pro Membership. For detail description of each membership category and pricing please click here. YOU agree to accept and fully abide by all payment terms and conditions as set by the Company with respect to Plus Memberships and Pro Memberships.
The Company reserves the right to change its fees and the Service (including without limitation, adding or removing features and services) at any time, in its sole discretion, without prior notice to YOU. The Service may also provide YOU general tips, recommendations and educational material.
You will also have the option at YOUR discretion and only after providing YOUR express consent and authorization to allow the Company to perform an automatic backup of the content of Your User Account and its history and store said information and data in YOUR Dropbox or Google Drive accounts. The Company will not store, copy or have access to YOUR username and passwords for either YOUR Dropbox or Google Drive accounts. However, the Company will obtain an access token which is an opaque identifier for these accounts and the Company will be able to access, view and edit the Company folders created in YOUR Dropbox and Google Drive accounts for the purpose of these backups.
The Company may also present YOU information relating to third party products or services ("Company Offers") that YOU may be interested in.
THE COMPANY IS NOT AND DOES NOT ACT AS A TAX, FINANCIAL OR LEGAL ADVISOR TO ANY CUSTOMER, PERSON OR ENTITY.
THE COMPANY FULLY RESERVES THE RIGHT TO DISCONTINUE ANY ASPECT OF THE SITE OR THE SERVICE AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. ANY SUSPENSION OF TERMINATION OF YOUR USER ACCOUNT OR THE SERVICE AS PERMITTED PURSUANT TO THIS AGREEMENT BY THE COMPANY SHALL NOT AFFECT YOUR LIABILITY OR OBLIGATIONS UNDER THIS AGREEMENT.
4.2 USERNAME & PASSWORD. YOU will be asked to provide an email address and password to set up YOUR User Account with Us. Thereafter, YOU may create a username to replace the use of YOUR email address for log-in purposes. (The email address used to set up Your User Account and/or used for log-in purposes will be included in any reference made to or use of the term "username" in this Agreement, where applicable).
For efficiency purposes, We provide YOU the option to create the User Account by logging into social media platforms such as GOOGLE, FACEBOOK, MICROSOFT and YAHOO with which YOU have an account ("Social Media Log-in"). If YOU decide to use YOUR Social Medial Log-in, please note that the Company will not have access to YOUR social media login passwords. However, the Company may collect the username, email address, any public profile information or an opaque identifier pertaining to YOUR Social Media Log-in.
YOU agree that YOU are entirely responsible for maintaining the confidentiality of any and all usernames, email addresses and passwords created or used to access YOUR User Account. YOU agree to take all reasonable steps to safeguard YOUR username and password for Your User Account so as to ensure that no unauthorized person or device will have access to it, and that no persons authorized to have access will make any unauthorized use. YOU agree to notify Company immediately upon any unauthorized use of YOUR User Account, username or password and shall take such further steps as may reasonably be requested by the Company to prevent unauthorized use thereof. YOU may not use the account, username, email address or password of someone else at any time. Company shall not be liable for any loss that YOU incur as a result of someone else using YOUR username or password, either with or without YOUR knowledge or consent. YOU agree that YOU may be held liable for any losses incurred by the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of YOUR User Account, username and/or password.
4.3 Groups. As part of the Service, YOU will be able to share, monitor and manage expenses with other individuals that have a Buxfer, Inc. User Account by adding "Groups" section (referred to herein as "Group" or "Groups") to YOUR User Account. All information submitted, downloaded, uploaded, transmitted, or otherwise transferred with respect the created Group will be visible to all individuals in that Group. You may create or leave a Group at anytime. Each member of a Group must have their own individual User Account and separate username and password. Members of a Group will only have access to the content and transaction information pertaining the Group, submitted by the individual members of that Group. All members of Groups can edit, revise, or amend Group transactions.
4.4 Sending Money. YOU will have the ability to send or receive money to other Customers of the Company, to settle debts, manage YOUR Groups, or for any other lawful reason. The Company uses third party service providers, such as PayPal, to provide YOU with the option to take such action. These third party service providers are separate entities and have no affiliation with the Company and each is governed by its own terms and conditions for the services they provide. This Agreement and is terms and conditions are not applicable to any third party service provider that YOU may interact with or use as result of YOUR use of the Site or the Service.
5.1 USE OF THE SITE/SERVICE. Your use of the Site or the Service shall only be for YOUR personal, noncommercial, use only. The Company grants YOU the right to view and use the Site and/or the Service subject to the terms of this Agreement. The Site, the Service, its software, features, content, applications, and domain name, data and other digital or non-digital content ("Company Content") offered or made available to YOU by the Company are the sole and exclusive property of the Company or the Company has the lawful right of use. The Company does not transfer to YOU either the title or the intellectual property rights to any Company Content.
Any Company Content that YOU use from the Site or the Service, which was not inputted or provided by YOU, shall be deemed, to be licensed to YOU by Company, during the Term of this Agreement, for YOUR personal, noncommercial, use only. Said license shall be a nonexclusive, nonassignable, nonsublicensable license limited in its scope to allow for only for the use of the Site or the Service as indicated herein or otherwise by Company. You may not download, or copy any Company Content unless expressly provided in this Agreement or elsewhere on the Site or the Service. YOU may not sell, redistribute, or reproduce, decompile, reverse-engineer, disassemble any Company Content.
SUBJECT TO THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS SOLE CONTROL OVER THE OPERATION OF THE SITE AND THE SERVICE AND ALL CONTENT CONTAINED THEREIN.
5.2 PROHIBITED USES. The Company imposes certain restrictions on YOUR permissible use of the Site and the Service. YOU are prohibited from violating or attempting to violate any security features of the Site or the Service, including, without limitation, (a) accessing content or data not intended for YOU, or logging onto a server or account that YOU are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or the Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (d) using the Site or the Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code or other content used by Company in providing the Site or the Service; (g) YOU will not harvest or otherwise collect information from other users or Customers of the Site or the Service, including account name, email addresses and other Personal Information; Any violation of system or network security may subject YOU to civil and/or criminal liability.
YOU agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Site or the Service in a manner that sends more request messages to Company servers in a given period of time than a single human can reasonably produce in the same period by using a conventional on-line web browser. YOU agree not to use the communication systems provided by the Site or the Service for any commercial solicitation purposes or distribute, host, post spam, chain letters, or pyramid schemes. You agree that if YOUR bandwidth usage exceeds the average bandwidth usage (as determined solely by the Company) as compared to other users of the Company, the Company has the right to IMMEDIATELY disable YOUR account or throttle YOUR usage until YOU can reduce YOUR bandwidth consumption.
NO DIRECT COMMUNICATION IS ALLOWED BETWEEN USERS THROUGH THE SITE OR THE SERVICE.
The Company reserves the right in its sole discretion to block access to the Site or discontinue the Service to any user or offender of this Section, and to investigate and take appropriate legal action against anyone who violates the terms of this Section
6.1 USER CONTENT. "User Content" shall mean any information, data, or other content that YOU input, submit, transmit, display, post, upload or download to the Site, including to YOUR User Account or YOU otherwise grant permission to the Company to obtain on YOUR behalf from a 3rd parties (See Section 6.3 below) to provide YOU with the Service. This User Content may include YOUR Personal Information, such as YOUR name, email address, passwords, usernames, PINs, other log-in information. YOU agree that the Company shall have no liability or responsibility with respect to any User Content and You hereby release the Company, its directors, its officers, its employees, agents, representatives, affiliates and successor and assigns from any and all liability, responsibility, damages, loss and claims arising out of, relating to or connected with YOUR User Content or any part thereof. YOU represent and warrant that YOUR User Content does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person, entity or organization or any applicable law. YOU agree to bear the responsibility and liability of any and all User Content. YOU acknowledge, agree, understand that the Company does not endorse any User Content or any opinion, recommendation or advice expressed therein.
6.3 THE Company as YOUR Attorney-in-fact & Authorized Agent
Please note that when You use the "add account" or "sync account" feature of the Service, YOU will be required to provide YOUR username and password for that third party account and the Company will use this information to retrieve and obtain YOUR third party account information to provide YOU the service to and display and consolidate YOUR third party account information in YOUR User Account. And will, in some cases, collect and store YOUR third party log-in information to provide YOU with the service to sync YOUR third party account information with YOUR User Account. You hereby authorize and permit the Company to use and store information submitted by YOU to accomplish the foregoing. All information and data obtained from such third parties shall be deemed as User Content and treated as such pursuant to the terms of this Agreement.
For purposes of this Agreement and to obtain, retrieve, and provide the account information maintained by these third parties as part of the Service to YOU, YOU grant the Company a limited power of attorney, and appoint Buxfer, Inc. as YOUR attorney-in-fact and authorized agent, to access third party websites, to obtain, retrieve and use YOUR information with the full power and authority to do and perform each thing necessary in connection with such activities, as YOU could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN THE COMPANY IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY WEBSITES, THE COMPANY IS ACTING AS YOUR AUTHORIZED AGENT AND ATTORNEY-IN-FACT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY WEBSITE.
You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Site or the Service. The Company is not responsible for any errors or omissions or third party service related issues with respect to the account or the accuracy of said information retrieved or obtained from these third parties.
6.4 INAPPROPRIATE/PROHIBITED CONTENT. YOU agree not to upload, download, display, perform, submit, transmit, or otherwise distribute or permit to be obtained or retrieved any Content that (a) is unlawful, false or a misrepresentation; (b) is libelous, defamatory, obscene, pornographic, abusive, racially or ethnically offensive, lewd, or threatening or constitutes harassment or a hate crime to any third party or the Company; (c) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation or the terms of this Agreement; (d) that the Company in its sole discretion believes or determines to be objectionable or inappropriate; (e) advertises or otherwise solicits funds or is a solicitation for goods or services; (f) infringes or attempts to infringe upon the intellectual property rights, including right to publicity or privacy rights of any third party or the Company or that breach any contractual rights or obligations; or (g) constitutes, threatens or promotes verbal, physical or written abuse or bullying of any other Customer or Visit of the Company or of any employee, officers, director of the Company.
YOU AGREE AND ACKNOWLEDGE THAT BUXFER, INC. SHALL NOT BE LIABLE FOR USER CONTENT AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU.
7.1 INTELLECTUAL PROPERTY. The contents of the Service, the Site, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable international copyright, trademark, intellectual property and other laws. The contents of the Service and the Site belong or are licensed to the Company and/or its software or content suppliers. You may download or print information from the Site or the Service for YOUR personal, internal and non-commercial use only during the Term of this Agreement. Any distribution, reprint or electronic reproduction of any content from the Service or Site in whole or in part for any other purpose is expressly prohibited without Our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Service or content in a manner that violates any applicable law, regulation or this Agreement.
All trademarks and logos are the sole and exclusive property of the Company or the Company has the lawful right of use. YOU MAY NOT USE, COPY, OR MODIFY THE SOFTWARE, IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. THE COMPANY RETAINS ALL RIGHTS TO COMPANY CONTENT, THE SITE, AND THE SERVICE.
To the maximum extent permitted by law, YOU shall not (a) modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Site or the Service (b) rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Site or Service to any third party, including access; or (c) make any copy of or otherwise reproduce the Site or the Service (or any of the browser screens comprising the Site or the Service user interface) except for those copies necessarily made by the personal computer and Internet browser that are running the Site or Service and are expressly permitted in this Agreement.
7.2 COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, YOU agree to obey the law and to respect the intellectual property rights of others. YOUR use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. YOU agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, "Content" for the purpose of this Section) in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. YOU agree to abide by laws regarding copyright ownership and use of intellectual property, and YOU shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content YOU provide or transmit, or that is provided or transmitted using YOUR username and password or with respect to YOUR User Content. The burden of proving that any Content does not violate any laws or third party rights rests solely with YOU.
7.3 COPYRIGHT INFRINGEMENT. The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company's policy is to investigate any allegations of copyright infringement brought to its attention. If YOU have evidence, know, or have a good faith belief that YOUR rights or the rights of a third party have been violated and YOU want Company to delete, edit, or disable the material in question, YOU must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact YOU, such as an address, telephone number, and if available, an electronic mail address at which YOU may be contacted; (e) a statement that YOU have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that YOU are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, YOU must provide it to Company's designated agent at:
Attention: Privacy & Security
1030 E El Camino Real #114, Sunnyvale, CA 94087
8.1 TERM AND TERMINATION. This Agreement shall commence on the date that YOU visit the Site or use the Site or the Service or accept the terms of this Agreement by clicking on the "Accept Terms" button provided at the end of the this Agreement and shall remain effective until terminated pursuant to the terms of this Section ("Term").
YOU may terminate this Agreement and use of the Site and the Service at any time by contacting Support@Buxfer.com and requesting that YOUR User Account be closed or YOU may closed YOUR User Account YOURSELF by following the instructions pertaining to deleting YOUR User Account which can be found at https://www.buxfer.com/help/login under "How can I delete my Buxfer account?"
TERMINATING THE SERVICE OR THIS AGREEMENT, SHALL NOT AFFECT YOUR OBLIGATIONS AND LIABILITY UNDER THIS AGREEMENT.
The Company may terminate this Agreement and YOUR use of the Site for any reason and at anytime, without prior notice to YOU. Reasons for termination may include failure to make the required membership payment fees, any breach by YOU of the terms or conditions of this Agreement or any unlawful activity, if the Company in its sole discretion believes it is required to do so by law.
YOU SHALL BE RESPONSIBLE FOR ANY PAYMENTS DUE TO THE COMPANY AND INCURRED UPTO TO DATE AND TIME OF TERMINATION.
You acknowledge and agree that THE COMPANY may immediately deactivate or delete YOUR account and all related information and files in YOUR account and/or prohibit any further access to all files and the Service OR SITE by YOU AND DO SO WITHOUT PRIOR NOTICE. Further, YOU agree that THE COMPANY shall not be liable to YOU or any third party for any termination of YOUR access to the Service.
The Company has no control over, and assumes no responsibility for, the content, accuracy, quality, privacy policies, or practices of, or opinions expressed in any third party websites or through any third party service provider. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any third party website or service. By using the Site or the Service, YOU expressly relieve the Company from any and all responsibilities or liabilities arising from YOUR use of any third party website or third party service.
You understand and agree that the Site or the Service is not sponsored by, endorsed by, or otherwise affiliated with any of the third parties that may be accessible through the Site.
THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10.1 SECURITY. While We maintain industry standard security practices, We cannot guarantee that the information that We collect and store will be completely secure. In particular, We cannot guarantee the complete security of any Personal Information, including financial information obtained, collected and/or retrieved for or from YOU due to YOUR use of the Site and the Service. By interacting with this Site, using the Site or the Service and/or providing or consent to the collection of YOUR information You acknowledge that You understand and agree to assume these risks.
YOU ACCEPT THAT OUR SECURITY PRACTICES ARE "AS IS," AND YOU UNDERSTAND AND ASSUME ALL RISK AND LIABILITY ASSOCIATED WITH ANY UNAUTHORIZED ACCESS OF YOUR INFORMATION STORED ON OUR SERVERS.
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE SECURITY OR FOR THE SECURITY OF THE ANY INFORMATION, CONTENT OR DATA STORED OR KEPT ON ANY ELECTRONIC DEVICE THAT YOU OWN, OPERATE AND/OR FROM WHICH YOU ACCESS THE SITE OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR DESKTOP COMPUTES AND MOBILE DEVICES.
NO WARRANTY. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT TO THE CONTRARY, THE SITE, THE SERVICE, INFORMATION, DATA, FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED THROUGH THE SERVICE OR THE SITE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. THE COMPANY, ITS AFFILIATES, AND/OR ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE.
NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THE SERVICE (WHETHER OR NOT SPONSORED). NEITHER THE COMPANY NOR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR THE COURSE OF DEALING BETWEEN THE PARTIES. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SITE OR THE SERVICE AT ALL TIMES. YOU UNDERSTAND AND ACKNOWLEDGE THAT INTERNET CONGESTION AND OUTAGES, AS WELL AS MAINTENANCE, DOWNTIME, AND OTHER INTERRUPTIONS, MAY INTERFERE AT TIMES WITH YOUR ABILITY TO ACCESS THE SITE OR THE SERVICE.
12.1 Limitation of Liability
THE COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, REVENUE OR BUSINESS, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, ARISING IN WHOLE OR IN PART AND/OR OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY THE COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (INCLUDING NEGLIGENCE), or any other legal theory or form of action. NOTWITHSTANDING ANYTHING to the CONTRARY IN THIS AGREEMENT, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF the ACTION, WILL AT ALL TIMES BE LIMITED TO THE MAXIMUM OF THE PAYMENTS MADE TO THE COMPANY DURING THE TERM OF THIS AGREEMENT OR $500.00 (FIVE HUNDRED UNITED STATES DOLLARS) WHICH EVER IS GREATER.
YOU AGREE THAT THE COMPANY WILL NOT BE responsible OR LIABLE FOR (1) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM, RELATED TO OR CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE; (2) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED BY THE COMPANY AND/OR ANY INFORMATION, INCLUDING YOUR PERSONAL INFORMATION, STORED THEREIN; AND (3) ANY ERRORS OR OMISSION OF ANY CONTENT (INCLUDING COMPANY CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS RESULT OF ANY CONTENT (INCLUDING COMPANY CONTENT) POSTED, DISPLAYED, OR OTHERWISE TRANSMITTED.
THE SITE AND THE SERVICE IS CONTROLLED AND OFFERED BY BUXFER, INC. FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTS THAT THE SITE OR THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER COUNTRIES. THOSE WHO ACCESS OR USE THE SITE OR THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ASSUME ALL RISK TO COMPLY WITH LOCAL LAWS AND REGULATIONS.
15.1 COPYRIGHT. All contents of the Site or the Service are: Copyright © 2006-2017, Buxfer, Inc. 1030 E El Camino Real #114, Sunnyvale, CA 94087. All rights reserved.
17.1 ASSIGNMENT. YOU may not transfer or assign this Agreement or any rights and licenses granted hereunder without the Company's prior written consent. The Company may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
17.2 Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and YOU do not have any authority of any kind to bind, represent or act as agent of the Company in any respect whatsoever.
17.4 FORCE MAJEURE. The Company shall bear no liability if the Service or the Site or YOUR use of the same is prevented, hindered, or otherwise made impractical by reason of flood, strike, war, acts of government, or any other casualty or cause beyond the control of the Company.
17.5 TAXES. You will be responsible for all taxes (including withholding, filing and reporting duties) related to or pertaining to YOUR finances, including YOUR activity on the Site and the Service.
17.6 SURVIVAL OF SECTIONS. The following Sections shall survive the termination of this Agreement: 2.1, 3.2, 4.1, 4.2, 4.4, 5.1, 5.2, 6.1, 6.2, 6.3, 6.4, 7.1, 7.2, 8.1, 9.1, 10.1, 11.1, 12.1, 13.1, 14.1, 15.1, 16.1, 17.2, 17.3, 17.4, 17.5, 18.1, 18.2, 18.3 and 18.4.
Any disputes between the parties that relate to, arise from or in connection with (1) this Agreement, (2) the Site, or (3) the Service shall be settled by binding arbitration in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving commercial disputes and/or intellectual property depending on the subject matter of the dispute and shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitration shall be in the English language and shall take place in the County of Santa Clara in the State of California, U.S.A. or any other mutually agreed upon location or venue. The Federal Arbitration Act ("FAA") shall govern the interpretation and enforcement of this Section.
Prior to commencing arbitration, the parties to the dispute must attempt to resolve said dispute informally and in good-faith. If the parties fail to resolve their disputes within thirty (30) days, either party may commence arbitration by sending a written demand for arbitration to the other party. The demand will set forth the nature of the matter to be resolved by arbitration. Please send YOUR demand to Buxfer Inc., 1030 E El Camino Real #114, Sunnyvale, CA 94087. The parties agree that substantive law of the state of California will be applied by the arbitrator to resolve such disputes. Either party may choose to have the arbitration conducted by telephone or based on written submissions.
Payment of all filing, administration and arbitrator fees and costs will be governed by the JAM's rules, but if YOU are unable to pay said fees and costs, we will pay them for YOU. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. However, if We prevail, We will not seek Our attorneys' fees or costs in arbitration unless the arbitrator determines YOUR claims or defenses are frivolous or without merit. All decisions of the arbitrator will be final, binding, and conclusive on all parties. Judgment may be entered on any such decision in accordance with applicable law in any court having jurisdiction of it. The arbitrator (if permitted under applicable law) or the court may issue a writ of execution to enforce the arbitrator's decision. Any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. EACH PARTY TO THIS AGREEMENT AGREES THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS. THE PARTIES AGREE THAT THE FAA SHALL TRUMP ANY STATE LAWS THAT ARE CONTRARY TO THE AFOREMENTIONED WAIVERS AND AGREEMENTS.
18.2 Equitable Remedies. Notwithstanding anything to the contrary, due to the nature of this Agreement and the Services, the parties agree that the Company will have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief, in either federal or state court, without having to post a bond or other consideration, in addition to all other remedies that it may have for a breach of this Agreement at law or otherwise.
18.3 YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE, OR THE SERVICE MUST BE BROUGHT WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
18.4 YOU ACKNOWLEDGE, WARRANT AND REPRESENT THAT YOU HAVE REVIEWED ALL TERMS OF THIS AGREEMENT AND THAT YOUR USE OF THE SITE AND/OR THE SERVICE, WHATSOEVER AND IN ANY CAPACITY OR DEGREE, CONSTITUTES ACCEPTANCE OF ALL TERMS OF THIS AGREEMENT.
Last revised Oct 10, 2017