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Use of Billify.com and related services (together "Service" or "The Service") is governed by the following Terms of Service ("Terms"). By using Billify.com ("Company" or "The Company") products, software, services or web sites, you ("Subscriber"), as well as those who access the Service through your account ("Users") agree to the following Terms, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices. We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.billify.com/tos.php
By accessing the Service, you are agreeing to be bound by these Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SITE.
The Company hereby grants Subscriber a non-exclusive, non-transferable license to use the Service. Subscriber and Users are granted permission to use the Service according to the terms and conditions of this agreement provided that:
This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Company at any time.
This agreement is effective immediately and shall renew on a day-to-day basis until terminated. The Company may terminate this agreement or terminate Subscriber's access to the Service if any portion of the Terms of Service is violated. Either party may, at its election and in its sole discretion, terminate this Agreement by written notice to the other party at least two (2) days prior to the effective date of termination. Subscriber may terminate this Agreement effective immediately by written notice to Company within two (2) days following the date on which access to Service first becomes available to Subscriber.
You may discontinue use of Service at any time by logging into the Service, navigating to the "Account Login" tab within the application, and canceling your service. Upon cancellation, your account and all of its content will be immediately and irreversibly deleted. For security reasons, e-mail or phone requests to cancel your account will not be honored.
Company may at any time and for any reason, including a period of account inactivity, terminate your access to the Service, terminate or alter the Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Service. Sections of this document including Termination, Indemnity, Disclaimer of Warranties, Limitations of Liability, Exclusions and Limitations, Choice of Law, Intellectual Property, and Severability shall survive expiration or termination.
Company makes no warranties regarding the Service. Company makes no warranty that:
The Service may include functional, technical, typographical, design, mathematical or security errors and Company makes no warranties or representations that these errors will be detected or corrected. Company does not warrant that the Service is accurate, complete, or current and Company may make changes to the Service any time without notice. Service is accepted by Subscriber and Users "as is" and "as available", without any warranty whatsoever. All other warranties, express or implied, including any warranties of merchantability or fitness for any particular purpose, are specifically excluded and disclaimed. Use of Service is done at your own discretion and risk; you will be solely responsible for any damage to your computer system or other device or loss of data that results from the use of the Service of any such material. No advice or information, whether oral or written, obtained by you from Company or through any other party shall create any warranty not expressly stated in the terms.
In no event shall Company be liable for any damages arising out of the use or inability to use the Service. Company shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary, punitive, or other damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company or partners have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party; or (v) any other matter relating to the Service. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability that may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those limitations listed in "Limitations of Liability" which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law.
Subscribers and Users agree to hold harmless and indemnify Company, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of Service, violation of the Terms or any other liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Company will provide you with written notice of such claim, suit or action.
The Service is protected by applicable copyright and trademark law as well US and foreign patent filings. Components of the Service, including but not limited to the name of the Service, user interface elements, certain features, business methods, and documentation are the intellectual property of the Company. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service. Company makes no intellectual property claims as to the content you may upload to the Service. Ownership of the Service shall be Billify.com Solutions, Inc. regardless of who may be deemed the owner of the tangible media in or on which Service may be copied, encoded or otherwise fixed.
You are responsible for payment of all taxes and duties, if applicable. Subscribers must access the account atleast one (1) time every two (2) years else the Company may terminate this agreement.
The Company may modify, suspend, or discontinue the Service at any time for any reason with or without notice. Company may change monthly fees upon 30 days notice. Fee change notices may be sent via email, regular mail, or on Billify.com.
Keep your account information safe. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Company of any unauthorized use of your password or account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
Financial information submitted via the Service shall not be the responsibility of Company and may be shared with financial institutions and government agencies as may be required. Company does not store credit card information. CREDIT CARD DATA IS PROVIDED BY THE SUBSCRIBERS AND THEIR USERS. SUBSCRIBERS OR USERS WHO USE THE BILLING SERVICE ARE SOLELY RESPONDIBLE FOR THE SECURITY OF CREDIT CARD INFORMATION. Subscribers and Users acknowledge, and accept as satisfactory, Company's security provisions. Such provisions include:
Credit card information used through the Service, on behalf of Subscribers and Users, is the responsibility of the Subscriber and Users. Company is not responsible for the security of credit data used on behalf of Subscribers and Users. SUBSCRIBERS HEREBY INDEMNIFIES AND HOLDS HARMLESS COMPANY FROM ANY CLAIM OR DEMAND RESULTING FROM THE THEFT, LOSS, OR MISUSE OF ANY CREDIT CARD INFORMATION.
Company will from time to time, with or without notice to Subscriber, update the Service. Updated versions of the Service will be governed by this license or an updated license agreement. Company may, but is not required to, send email messages and/or post notifications to its website explaining changes that have been implemented.
Company will from time to time produce video and textual documentation that can be used to answer questions related to the Service.
Company may, but is not required, to monitor the use of the Service to ensure compliance with this agreement and to prevent or detect criminal or abusive activity. Company may disclose information to the extent necessary to protect the Company, to ensure the quality of the Service, or to comply with legal, regulatory or governmental requests.
Notices sent pursuant to this agreement may be communicated via email, regular mail or by postings to Service's website.
The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Company agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California.
Company may assign, delegate and/or otherwise transfer this Agreement or its rights and obligations hereunder to any person or entity. Subscriber may not assign, delegate or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the Company. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Company and govern your use of Company services. This agreement supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
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