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Budget Your Trip Terms of Use

Date Last Revised: February 22, 2010

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.BudgetYourTrip.com ("BudgetYourTrip.com"). By using BudgetYourTrip.com you agree to be bound by the terms and conditions of this Agreement and BudgetYourTrip's Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).



  1. Accepting the Terms

    By using the information, tools, features and functionality located on BudgetYourTrip.com (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the BudgetYourTrip.com website) or you are a "Member" (which means that you have registered with BudgetYourTrip.com). The term "you" or "User" refers to a Visitor or a Member. The term "we" refers to BudgetYourTrip. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

    You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with BudgetYourTrip.

    If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

  2. Privacy and your Personal Information

    For information about BudgetYourTrip's privacy and security practices, please read BudgetYourTrip's Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how BudgetYourTrip treats your personal information when you access BudgetYourTrip.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

  3. Description of the Service

    The Service is a personal finance information management service that allows Members to track their financial information on BudgetYourTrip.com. The Service is provided to you by BudgetYourTrip without charge (it is free) and is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.

  4. Your Registration Information

    You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any other contact information you provide form your "Registration Information."

    By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

    If you become aware of any unauthorized use of your Registration Information, you agree to notify BudgetYourTrip immediately at the email address - info[at]BudgetYourTrip[dot]com.

  5. Your Use of the Service

    Your right to access and use BudgetYourTrip.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use BudgetYourTrip.com for lawful purposes.

    Your access and use of BudgetYourTrip.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of BudgetYourTrip.com or other actions that BudgetYourTrip, in its sole discretion, may elect to take.

  6. Rights You Grant to Us

    By submitting information, data, passwords, usernames, materials and other content to BudgetYourTrip through the Service, you are licensing that content to BudgetYourTrip solely for the purpose of providing the Service. By submitting this content to BudgetYourTrip, you represent that you are entitled to submit it to BudgetYourTrip for use for this purpose, without any obligation by BudgetYourTrip to pay any fees or other limitations.

  7. BudgetYourTrip's Intellectual Property Rights

    The contents of BudgetYourTrip.com, 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 copyright, trademark and other laws. The contents of BudgetYourTrip.com belong or are licensed to BudgetYourTrip or its software or content suppliers. BudgetYourTrip grants you the right to view and use BudgetYourTrip.com subject to these terms. You may download or print a copy of information provided on BudgetYourTrip.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from BudgetYourTrip.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

  8. Access and Interference

    You agree that you will not:

    1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor BudgetYourTrip.com or any portion of BudgetYourTrip.com, without BudgetYourTrip's express written consent, which may be withheld in BudgetYourTrip's sole discretion;
    2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search BudgetYourTrip.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
    3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of BudgetYourTrip.com or the Service; or
    4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of BudgetYourTrip.com or the Service.
  9. Rules for Posting

    As part of the Service, BudgetYourTrip allows Members to post content on bulletin boards, blogs and at various other publicly available locations on BudgetYourTrip.com. These forums may be hosted by BudgetYourTrip or by one of our third party service providers on BudgetYourTrip's behalf. You agree in posting content to follow certain rules.

    1. You are responsible for all content you submit to BudgetYourTrip.com.
    2. By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with BudgetYourTrip.com and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through BudgetYourTrip.com, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of BudgetYourTrip.com and under this Agreement.
    3. You may not post or transmit any message which is libelous or defamatory, or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image or program that is indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive; that encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; or that is otherwise inappropriate.
    4. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
    5. You may not interfere with other Users' use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of BudgetYourTrip.com, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
    6. Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) that are designated for such purpose.
    7. You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of BudgetYourTrip.com that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us.
    8. You may not copy or use personal identifying or business contact information about other Users without their permission. Unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Service are prohibited.
    9. You agree that we may use any feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  10. Disclaimer of Representations and Warranties

    11. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BUDGETYOURTRIP.COM OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. BudgetYourTrip MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BUDGETYOURTRIP.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

    BUDGETYOURTRIP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BUDGETYOURTRIP.COM OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BUDGETYOURTRIP MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

  11. Not a Financial Planner, Broker or Tax Advisor

    NEITHER BUDGETYOURTRIP NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BUDGETYOURTRIP IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

  12. Limitations on BudgetYourTrip's Liability

    BUDGETYOURTRIP SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BUDGETYOURTRIP.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BudgetYourTrip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUDGETYOURTRIP'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

  13. Your Indemnification of BudgetYourTrip

    You shall defend, indemnify and hold harmless BudgetYourTrip and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

  14. Modifications

    BudgetYourTrip may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the BudgetYourTrip.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

  15. Governing Law and Forum for Disputes

    This Agreement, and your relationship with BudgetYourTrip under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with BudgetYourTrip, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Santa Clara, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case BudgetYourTrip may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, BudgetYourTrip is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

    You also acknowledge and understand that, with respect to any dispute with BudgetYourTrip, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

    * YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

    * YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

  16. Miscellaneous

    If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

    You agree that if BudgetYourTrip does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BudgetYourTrip has the benefit of under any applicable law), this will not be taken to be a formal waiver of BudgetYourTrip's rights and that those rights or remedies will still be available to BudgetYourTrip.

    All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

    This Agreement represents the entire understanding and agreement between you and BudgetYourTrip regarding the subject matter of the same, and supersedes all other previous agreements.

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