TERMS OF
USE OF BUXFER, INC.
NOTICE: THIS AGREEMENT COMPLETELY MODIFIES, REPLACES AND REPLEAS THE PRIOR "TERMS
OF SERVICE" OF BUXFER, INC. LAST REVISED ON SEPTEMBER 18, 2019.
PLEASE CAREFULLY READ THE ENTIRE TERMS OF
USE as stated herein (also referred to as the "Agreement") which set forth the
terms and conditions that govern YOUR access, interactions and use of the
services and/or products offered to YOU by Buxfer, Inc. (the "Company") through
its website located at https://www.buxfer.com,
APIs and/or mobile applications available through the Apple Store, Google Play
and Windows Store (collectively referred to in this Agreement as the "Site").
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.
1.2 MODIFICATIONS. The Company may, in its sole discretion
and without prior notice, or approval by YOU, (a) revise, modify, or repeal these
Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the
Site and/or the Service at any time, temporarily or permanently.
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.
It is YOUR
responsibility to review these Terms of Use periodically. YOU agree to review these Terms of Use
and other online policies posted on the Site periodically to be aware of any
amendments or changes. If at any time YOU find these Terms of
Use unacceptable, YOU must immediately leave the Site and cease all use of the
Service and the Site. However,
please be aware that taking such action may not affect YOUR liability or
obligations under this Agreement.
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.
2.1 PRIVACY
POLICY. The Company
respects YOUR privacy and permits YOU to control the treatment of YOUR Personal
Information, as the term is defined in the Company's current privacy policy
statement ("Privacy Policy"), to extent permitted under the law. Please review the Privacy Policy which can be found by clicking
here. The Privacy Policy
is expressly incorporated into this Agreement by this reference and by
accepting these Terms of Use, YOU accept the Company's Privacy Policy.
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.
4.1
USER ACCOUNTS. In order to have access to and use the
Service, YOU will be required to create a user account ("User Account"). YOU must complete the registration
process by providing complete, accurate and truthful information requested on
the User Account form and YOU MUST maintain the accuracy of that information. YOU cannot create a User Account for
anyone else, unless otherwise stated in this Agreement and YOU cannot register
for more than one account. YOU may
create a User Account for another person only under the following circumstance:
YOU are legally authorized as that individual's attorney-in-fact or have a
power of attorney that gives YOU the legal authority, capacity and
authorization to carry out the act of creating User Account, accepting these
Terms of Use and requesting the Service as provided by Company, for another, at
the time the User Account is created. By creating a User Account for another, YOU
warrant and represent that the aforementioned statements regarding YOUR legal
authority is true and correct. If said legal authority terminates for any
reason, YOU must cease use of the User Account and the Service effective
immediately, and notify the Company of the same. YOU also agree to provide
Company with evidence of this legal authority upon request and demand.
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.
6.2. Rights YOU Grant to Us. YOU hereby grant Us a non-exclusive license to use the User
Content in connection with the business operation of the Company and to provide
YOU with the Service, including without limitation, a right to use, copy,
distribute, transmit, display, reproduce, edit, translate, and reformat User
Content. The Company may use and
store User Content in accordance with this Agreement and Our Privacy
Policy. YOU will not be
compensated by the Company for any use of YOUR User Content nor will the
Company be subject to any restrictions or limitations with respect to this
license. YOU warrant and represent
that YOU are the rightful owner of the User Content or are otherwise legally
authorized to make use, post, distribute, display, transmit, upload or otherwise
distribute User Content with respect to the Site and the Service.
6.3 THE
Company as YOUR Attorney-in-fact &
Authorized Agent
By adding or
syncing third party accounts to Your User Account, YOU expressly authorize the
Company to access YOUR account information maintained by such third party
financial institutions on YOUR behalf as YOUR authorized agent and
attorney-in-fact, and YOU expressly authorize such third parties to disclose YOUR
information to Us. Subject to the privacy procedures as described in Our Privacy
Policy, Company may work
with one or more third party financial service technology providers to access
and retrieve information for syncing YOUR account information.
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.
Subject to our privacy procedures as described in the Privacy Policy, the Company may work with one or more third party financial service technology providers to access and retrieve your Account Information. Specifically, for institutions that require compliance with PSD2 regulations, the Company partners with Salt Edge Limited. By using the Service, you indicate that you have read and agree with the Salt Edge Terms of Service and Privacy Policy.
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.
The Company
reserves the right to terminate YOUR submission, transmission, or distribution
of any such inappropriate and/or prohibited material with respect to YOUR use
the Service, and, to delete any such material from its servers. Company intends
to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of these Terms of Use or of any applicable laws.
The Company assumes no responsibility to
monitor the Site or the Service for User Content that is in violation of this
Section and make modifications or remove content as a result. Notwithstanding the foregoing, the Company,
reserves the right, in its sole discretion, to reject, remove or refuse any
User Content or to restrict, suspend or terminate YOUR access to the Site or
the Service, at any time, for any reason, without PRIOR notice.
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
Buxfer Inc.
3964 Rivermark Plz #217, Santa Clara, CA 95054
support@buxfer.com
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.
9.1
THIRD PARTY SITES. The Site may contain links to third party
websites or third party services that are not owned or controlled by the
Company. When YOU access, interact or use a third party website and or any
product or service that it offers, YOU do so at YOUR own risk and assume all
liabilities for such access, interaction or use. The Company encourages YOU to be aware
when YOU leave the Site and to read the terms and conditions and privacy policy
of each third party website that YOU visit.
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.
11.1
Warranties
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.
13.1 INDEMNITY.
YOU agree to indemnify, defend, and hold
harmless the Company, its shareholders, its directors, its officers, its employees,
its affiliates, its consultants, its agents, its representatives and successor
and assigns from any and all third party claims, losses, liability, damages,
and/or costs (including reasonable attorney fees and costs) arising from,
related to or connected with (1) YOUR access to or use of the Site or the
Service, (2) YOUR violation or breach of these Terms of Use, (3) YOUR
infringement, or infringement by any other user of YOUR User Account, of any
intellectual property right or other right of any person or entity, and/or (4)
any claim or allegation that YOUR
User Content, User Account or any
services requested by YOU from the Company caused damage, loss or harm to any
third party. Company will notify YOU promptly of any such claim, loss,
liability, or demand, and will provide YOU with reasonable assistance, at YOUR
expense, in defending any such claim, loss, liability, damage, or cost.
14.1
Governing Law. These Terms of Use shall be construed in accordance with and
governed by the laws of the State of California and applicable United States
Federal law, without reference to their rules regarding conflicts of law.
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.
16.1 ALLEGED
VIOLATIONS. The Company
reserves the right to terminate YOUR use of the Service and/or the Site. To
ensure that Company provides a high quality experience for YOU and for other
users of the Site and the Service, YOU agree that Company or its
representatives may access YOUR account and records on a case-by-case basis to monitor,
investigate complaints or allegations of abuse, infringement of third party
rights, or other unauthorized uses of the Site or the Service. Company does not
intend to disclose the existence or occurrence of such an investigation unless
required by law, but Company reserves the right to terminate YOUR User Account
or YOUR access to the Site immediately, without prior to YOU, and without
incurring any liability from YOU, if Company believes that YOU have violated
any laws or any of these Terms of Use, furnished Company with false or
misleading information, or interfered with use of the Site or the Service by
others.
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.
17.3 SEVERABILITY;
WAIVER. If, for
whatever reason, a court of competent jurisdiction finds any term or condition
in these Terms of Use to be unenforceable, all other terms and conditions will
remain unaffected and in full force and effect. No waiver of any breach of any
provision of these Terms of Use shall constitute a waiver of any prior,
concurrent, or subsequent breach of the same or any other provisions hereof,
and no waiver shall be effective unless made in writing and signed by an
authorized representative of the waiving party.
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.
18.1 ARBITRATION.
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.