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).
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.
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.
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.
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.
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.
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.
You agree that you will not:
As part of the Service, BudgetYourTrip.com allows Members and Affiliates to post content on bulletin boards, blogs, articles, pages, and at various other publicly available locations on BudgetYourTrip.com. This content 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.
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.
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.
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).
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.
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.
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.
If you subscribe to any paid, premium Services, you agree to pay any and all applicable fees (e.g., recurring monthly or annual subscription fees for premium accounts) incurred in connection with your account at the rates in effect when the charges were incurred. BudgetYourTrip will automatically charge your credit card at the beginning of the billing period, and billing will recur automatically at the interval you chose at signup until you change or terminate your account. Any change in the chosen payment method will go into effect for the next billing period. If you change your account to a type that does not require a paid subscription, you will retain access to the features for which you have already paid until the end of the current billing period. In contrast, if you terminate your account, such termination will be effective immediately, and you will not receive a refund for any amounts you already paid. You agree to pay any applicable taxes, and reimburse us for any collection costs and interest for any overdue amounts.
If you receive a free offer for a specific number of days, you will not be charged during the free offer time period, but will be automatically charged on the day after your free time period has ended for the subsequent period, in advance. Thereafter, you will be charged at regular intervals depending on your choice of service (monthly, annually, etc.) until you decide to cancel. Please make a note of when your free offer will expire as you may not receive additional notice prior to the automatic charge if you do not cancel before the free offer time period expires.
Unless we state in writing otherwise, all fees and charges are nonrefundable.
You are solely responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party, including without limitation charges incurred to receive SMS messages or other mobile access, which may be billed to You or deducted from Your prepaid balance by Your mobile provider. You agree that BudgetYourTrip is not liable in any way for any third party charges.
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.