Please read this document carefully before accessing or using www.budgetpulse.com ("BudgetPulse") website. Hereforth referred to as the "Site". BudgetPulse refers hereforth to the Site owner, its officers, employees, agents.
By accessing or using the Site ("Service"), you agree to be bound by the terms and conditions ("Terms of Service") set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site and should immediately cease such use. BudgetPulse may modify the Terms of Service at any time, and such modifications shall be effective immediately upon posting of the Terms of Service on the Site. You agree to review the Terms of Service periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified Terms of Service.
1.1 The content and information contained within the Site or delivered to you in connection with your use of the Site is the property of BudgetPulse and any other third party (where applicable). Nothing on our website should be construed as granting any licence or right to use any materials displayed on the Site. You may not modify copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Site including text, graphics, code and/or software.
1.2 We claim no intellectual rights over the material you provide to the service. Your profile and account details uploaded remain yours
2.1 You must be 13 years or older to use this Service.
2.2 You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
2.3 You must provide a valid email address, and any other information requested in order to complete the signup process.
2.4 Your account may only be used by one person - a single login shared by multiple people is not permitted.
2.5 You are responsible for maintaining the security of your account and password. BudgetPulse cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2.6 You are responsible for all Content posted and activity that occurs under your account.
2.7 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
3.1 A valid paypal account is required for paying accounts.
3.2 The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
3.3 All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
3.4 Any upgrade or downgrade will only be effective at the beginning of the next billing cycle.
3.5 Downgrading your Service may cause the loss of content, features, or capacity of your account. BudgetPulse does not accept any liability for such loss.
4.1 BudgetPulse reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4.2 BudgetPulse may amend the Fees or introduce new fees or amend payment plans which amendments shall be notified to the Subscriber by posting them on-line or by e-mails and which shall take effect 7 days after any such posting or notice is made.
4.3 BudgetPulse shall not be liable to you or to any third party for any modification, fee change, suspension or discontinuance of the Service.
You understand that, except for information, products or services clearly identified as being supplied by BudgetPulse, BudgePulse does not operate, control or endorse any information, products or services on the Internet in any way. Except for BudgetPulse identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties that are not affiliated with BudgetPulse. You also understand that BudgetPulse cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or virus, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for reconstruction of any lost data.
In connection with your use of the Site, you agree
5.1 Technical support is only provided to paying account holders and is only available via email.
5.2 You understand that BudgetPulse uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
5.3 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BudgePulse, or any other BudgePulse service.
5.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by BudgePulse.
5.5 We may, but have no obligation to, remove Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
5.6 Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bu BudgePulse customer, employee, member, or officer will result in immediate account termination.
5.7 You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5.8 You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
5.9 You must not transmit any worms or viruses or any code of a destructive nature.
5.10 BudgePulse does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
5.11 You expressly understand and agree that BudgePulse shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BudgePulse has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the 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 on the service; (v) termination of your account; or (vi) any other matter relating to the service.
5.12 The failure of BudgePulse to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BudgePulse and govern your use of the Service, superseding any prior agreements between you and BudgePulse (including, but not limited to, any prior versions of the Terms of Service).
5.13 Questions about the Terms of Service should be sent to support at budgetpulse dot com.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET, BUDGETPULSE PROVIDES THE SITE AND INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FRO A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE. ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND BUDGETPULSE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES. MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. BUDGETPULSE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO EVENT SHALL BUDGETPULSE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATIONS, DAMAGES FRO LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF BUDGETPULSE KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.1 The Service or account may be terminated by either party, without cause, by giving the other party 7 days written notice. BudgetPulse will accept termination by email. Notwithstanding the above, BudgetPulse may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment.
8.2 To cancel your account, you must cancel your paypal subscription.
8.3 If you cancel your paypal subscription without written notice of termination, your account will be cancelled at the beginning of your next billing cycle.
8.4 All of your Content will be immediately deleted from the Service upon cancellation. The content and information cannot be recovered once your account is cancelled.
8.5 If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately but you will not be charged again.
8.6 BudgetPulse, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BudgetPulse service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. BudgetPulse reserves the right to refuse service to anyone for any reason at any time.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto.
You agree to indemnify, defend and hold harmless BudgetPulse, its owner, officers, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of the Terms of Service (including negligent or wrongful conduct) by you or your use and access of the Site.
BudgetPulse reserves the right to release current or past member or Web site user information if BudgetPulse believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if BudgetPulse deems it necessary and/or appropriate.
The Site may provide, or third parties may provide, links to non-BudgetPulse Internet World Wide Web sites or resources. Because BudgetPulse has no control over such sites and resources, you acknowledge and agree that BudgetPulse is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Your further acknowledge and agree that BudgetPulse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.