Budget-iT TERMS AND CONDITIONS
Last Revision & Update: January 24, 2019.
©Budget-iT, All Rights Reserved. This Terms and Conditions are subject to change without notice.
The acceptance of the Terms and Conditions constitute (the “Agreement”) and it is required before the use of the software. This Agreement is between you (hereinafter referred to as “User”, “Licensee”, “Subscriber” or “you”) and Settleitsoft Inc., related companies, affiliates and/or assignees (hereinafter referred to individually as “Provider” and collectively as “We”, “Our” or “Us”) and it applies to all: (a) transactions between User and Provider and all other websites and/or memberships owned and operated by Provider, including, but not limited to, the free of charge subscription product known as Budget-iT (hereinafter referred to collectively as the “Software”, “Product”, “System Platform” or “Product(s)); (b) separate End User License Agreement (hereinafter referred to sometimes as “EULA”) that may be required by Provider; (c) your access to and use of any website related to the product; (d) your access to and use of calculators, financial tools, credit resources, tool tips, content, written instruction, text, audio and video material, pictures, graphics, logos, button items, icons, images, thereto (hereinafter referred to as the “Content”); (e) works of authorship, copyrights, patents and patentable content within the Software (f) information and all revisions, modifications, and enhancements. The term (“Software”, “Product”, “System Platform” or “Product(s)) shall also include any modified versions, updates, upgrades or paid version(s) of the software product license to you by Provider. This Agreement is not an exclusive license the subscriber to exercise the rights granted herein; Licensee acknowledges that the Product is not for his sole and exclusive use. THESE ARE THE TERMS AND CONDITIONS FOR THE USE OF THE SOFTWARE PRODUCT AND OR SERVICE(S) AND DO NOT CONSTITUTE A SALE OF PROPERTY, DISTRIBUTION, REPRESENTATION, SOFTWARE CODE, AUTHORSHIP AND/OR OWNERSHIP OF THE PRODUCT, PRODUCT WEBSITES, END USER LICENSE AGREEMENTS AND/OR ANY OTHER RIGHT OF POSSESSION STATED BY PROVIDER. ACKNOWLEDGEMENT – You understand and agree that by submitting your order and/or subscribing to the Product you are furnishing “written instructions” in accordance with the Fair Credit Reporting Act, as amended (“FCRA”), for Provider (or its affiliates) to obtain information from your personal profile any credit reporting company and to obtain information from the USER personal profile and if any, of any minor child and household member whom you have enrolled in the Product. LICENSEE UNDERSTANDS AND AGREES THAT THE PRODUCT IS LICENSED ONLY TO USERS OF 18 YEARS OF AGE AND OLDER AS IT IS STATED IN THE LICENSE AGE DISCLAIMER WITHIN. You authorize Provider to access your credit profile (and those of any minor children whom you have enrolled in the Products) to verify your identity (or those of any minor children whom you have enrolled in the Product(s) and to provide credit monitoring, credit reporting, credit scoring, credit score monitoring and/or tracking, identity monitoring, fraud resolution and card registry products. You also authorize Provider to access your profile (or those of any minor children whom you have enrolled in the Products) to perform other functions related to providing the Product(s) that you have ordered or may order, including to verify your identity or any certification that you may be required to make.
TRADEMARKS – Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Provider, Company or the third party that may own the applicable Trademark. The misuse of the Trademarks displayed on the Site is strictly prohibited. We will fully enforce our Trademark rights, to the fullest extent of the law.
END USER LICENSE AGREEMENT – The EULA is effective upon Licensee’s ACCEPTANCE OT THE TERMS AND CONDITIONS HEREIN and his/her first interaction with the Product(s) and shall continue until terminated. Licensee and Provider may terminate the Agreement and EULA at any time according with the Terms and Conditions herein. Provider may require the User to accept a separate End User License Agreement upon subscription, purchase or Product(s) upgrade and/or when Provider deems necessary, which may supplement the terms and conditions herein.
PRODUCT LICENSE – YOUR ORDER OF, USE OF, AND ACCESS TO THE PRODUCT, PRODUCT WEBSITES AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO THE PRODUCT, PRODUCT WEBSITES AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN AND IN THE EULA. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR
CONDITIONS, DO NOT SUBSCRIBE, ORDER, USE OR ACCESS ANY PRODUCT, PRODUCT WEBSITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, PRODUCT WEBSITE, OR CONTENT.
THIS AGREEMENT MAY BE UPDATED FROM TIME TO TIME. Licensee agree upon execution of this agreement to be responsible of checking the Product and/or Product Website(s) regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Product, Product Websites, and/or Content, you signify your acceptance of the agreement, without limitation or qualification and to be bound by the then current Agreement.
• Licensee age disclaimer – Licensee is fully responsible for the true and accurate statement of age for the use of the Product, Content, Sites and Service(s) as it is specifically enforced within these Terms and Conditions. Licensee agrees and acknowledges to hold harmless the Provider, Affiliates and/or its Assignees for any misrepresentation of age by the wrongful use of the Product(s), Content, Sites(s) and Services. The Provider strictly enforces the registration and granting of the END USER LICENSE AGREEMENT to Licensees 18 years of age and older. In addition, Licensees are forbidden to provide any false information or creating an account for anyone other than him/herself with or without permission or creating more than one personal account.
• Use of the Product – In consideration of your order of, access to, and/or use of any Product, Product(s) Website, and/or Content you agree to provide true, accurate, complete and current information about yourself and any minor children you are recording, or have recorded, in any Product, when prompted to do so by the registration and application forms or requested to do so by Product(s) and/or Provider for the completeness of Licensee household or personal profile. By registering or have use of the Product, Licensee acknowledges and certifies that he/she is eighteen (18) years of age or older and that Licensee has read the Product’s LICENSE AGE DISCLAIMER. If any information you provide is untrue, inaccurate or not current, or if Provider has reasonable grounds to suspect that such information is untrue, inaccurate or not current, Provider, at its sole discretion, has the right to suspend or terminate your order of, subscription and/or membership of, use of, and/or access to, any Product, Product(s) Website and/or Content, and refuse all current or future orders of, subscription and/or membership of, use of, and/or access to, any Product, Product(s) Website and/or Content, or suspend or terminate any portion thereof. Licensee further acknowledges and agrees to hold harmless the Provider of any and all liability by the misrepresentation of the License agreement herein and that Provider will not be liable to you, your minor children or any third party if Provider suspends or terminates your order of, use of, subscription and/or membership of, or access to any Product, Product(s) Websites or Content, or any portion thereof, for any reason.
• License Restrictions – (a) Licensee shall not sub-license, rent, lease, or commercialize the product, product(s) and/or software package in any manner. (b) Licensee shall not reverse engineer, decompile, modify, create derivate links or disassemble the Product, Product(s) Websites and/or Content in any fashion. (c) Licensee may not modify, make additions or adapt the Product in conjunction with other software or data packages and create new versions or editions of the software tools associated with the Product. (d) Licensee must only use the Product as it is stated, and it is intended within this document. (e) Licensee shall not publish the results of using the Product(s) or system platform(s) against competitive software except to the fullest extent permissible pursuant to the applicable law. (f) Licensee may not transfer or assign the license of the Product or any of its components included but not limited to what it stated in this document to any third party. (g) Any changes to, modifications to, or derivate works of the Product(s) and its components shall become the exclusive property of Provider to the fullest extent permissible pursuant to the applicable law.
Budget-iT is a software base package, which is licensed to the User as the Licensee. It comprises a sophisticated interaction process, intuitive guidance material and algorithms to provide the essential components for the license purposes. Licensee may upgrade the software capabilities at any time with acceptance of new upgrade End User License Agreement. Budget-iT base software may contain all the necessary components to perform the license purpose and it may be free of charge to the consumer. The software is transparent and accessible online 24/7. Licensee may interact with the system streaming valuable data information and reports.
AUTOMATIC VIEWING OR USAGE – Licensee may not use any automated scripts or “robots” to access, copy, or manipulate any Content provided. You must not engage in denial of service attacks upon the servers that publish the Product(s). You must not engage in any content that uses more than .01% of the hardware and software infrastructure of the Product(s). Licensee shall not intend to use the Product on a server and/or use the Product as a Run-Time Engine.
LIMITATION OF LIABILITY – UNDER NO CIRCUMSTANCES SHALL PROVIDER, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES OR AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY GOOD OR SERVICE SOLD OR PURCHASED OR PROVIDED ON THE PRODUCT SYSTEM, EVEN IF COMPANY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PROVIDER’S COMPANY OR GROUP OF COMPANIES BE LIABLE IN EXCESS OF THE PRICE YOU PAID FOR ONE MONTHLY UNIT OR COST OF THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. YOU AGREE TO HOLD US HARMLESS FROM ANY LOSS OR HARM OF ANY NATURE DUE TO YOUR USAGE OF THE PROVIDER SITE(S) OR ANY TOOL, PRODUCT(S), OR SERVICE THAT WE PROVIDE TO YOU, WHETHER DIRECTLY OR INDIRECTLY.
INTELLECTUAL PROPERTY – Licensee agrees that he or she have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be willful in nature. All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations. You agree not to alter or modify any part of the Provider Product(s), Content, Site(s) and not to take any action to jeopardize, limit, or interfere in any manner with Provider or its Suppliers or licensors ownership and intellectual rights conveying within.
DISCLAIMER OF WARRANTIES – PROVIDER MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PRODUCT(S), SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. COMPANY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT COMPANY OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL PRODUCT(S), CONTENT AND MATERIALS OF PROVIDER AND/OR ITS SITE(S) ARE PROVIDED TO USERS “AS IS” AND “WHERE IS” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE.
PASSWORDS/USER IDS/ACCOUNTS – Licensee is solely responsible for the security of his/her password and User ID. Please securely guard the same. Provider is not responsible for any losses due to your password or User ID being used by any third person due to your negligence to maintain proper security regarding the same. Your account is not transferable. You must not lend your account to any third party. You are solely responsible for the activity relating to your account.
NON-TRANSFERABLE – This Agreement, and your membership, are not transferable by you and may not be assigned in whole or in any part by you to any third party.
FORCE MAJEURE – Provider(s) will not be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed. We are not responsible for server downtime under any circumstances. We do not guarantee that Our Product(s), Content or Services(s) will be available 100% of the time. There shall be no refunds of any kind including but not limited to the case where Our system platform is not available for any particular period of time.
ERRATUM – The Product(s) and related website(s) may contain typographical errors or mistakes, and We disclaim none and/or any responsibility for such errors and you agree to hold Us harmless from any legal responsibility for such errors.
INDEMNIFICATION – Licensee agrees to indemnify, defend, and hold harmless Provider, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions, separate End User License Agreements or any activity related to your use of the Product(s), Content, Service(s) and/or the Product(s) site or related websites (including negligent or wrongful conduct) by you or any other person accessing this site using your computer or Internet account.
MODIFICATIONS OF THIS AGREEMENT – We may revise or modify any portion of this Agreement at any time without notice to you. Licensee agrees to read this Agreement each time he or she visit the Product(s) site or use any tool or service that the Provider provides to you via the Product(s) site or elsewhere. Any usage of this site or tools, functions or services that We provide to you means that you have read the most current version of this Agreement and you agree to be bound by the Terms and Conditions of the latest version of this Agreement.
ONLINE REQUIREMENTS – (a) If required, licensee must have a valid email address to be verified to start and continue using the Product(s). (b) Java-compatible version with the Product(s) may be required. (c) Licensee shall review the list of the minimum Internet web-browser and mobile device requirement to receive the online access of the Product(s) such as Internet Explorer, Mozilla Firefox, Safari, Chrome among others, this requirement may be posted in the Product(s) website(s). (d) As an online customer, you are agreeing to receive all notifications via email at the email address of your profile, by text and/or through your mobile device. (e) To ensure receipt of all notifications, you are required to update the email address on file when your email address changes, and/or your mobile device specifications. (f) Licensee is required to review the browser and device(s) settings to unblock the email, push notifications and/or text correspondence from the Product(s). The Provider shall hold harmless of any liability as a result of any delay due blocking settings by the Licensee’s Internet browsers, local and mobile device(s).
JURISDICTION – LICENSEE UNDERSTANDS AND AGREES THAT ALL CLAIMS, DISPUTES OR CONTROVERSIES BETWEEN YOU (OR ANY OF YOUR MINOR CHILDREN) AND PROVIDER AND ITS AUTHORS, AFFILIATES, SUBSIDIARIES OR RELATED COMPANIES, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE OR LOCAL STATUTE, LAW, ORDER, ORDINANCE OR REGULATION, AND THE ISSUE OF ARBITRABILITY, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, “IN BROWARD COUNTY, STATE OF FLORIDA, USA”, BY AN ARBITRATOR. ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED BY ANY STATE OR FEDERAL COURT HAVING JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION, ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”). THE LICENSEE VOLUNTARILY AND KNOWINGLY WAIVES ANY RIGHT THEY HAVE TO A JURY TRIAL. NEITHER YOU NOR ANY OF YOUR MINOR CHILDREN NOR PROVIDER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER CONSUMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
NOTICES – Notices to you may be issued in an electronic manner, including but not limiting to, e-mail, phone text, push notification, and/or surface mail, at Provider’s sole discretion.
NOTIFICATIONS – The System platform, Website(s), Software and/or Product(s) may contain a component that will automatically activate notifications to the Licensee’s dashboard. From time to time, Licensee may receive notices about the Product(s), Content, Site(s) and or upgrades or other information through this Internet connection. By installing the software App’s on Licensee’s mobile device, Licensee hereby consents to have the Product(s) initiate a connection through the Internet to Provider System Platform.
COUNTRY UNIQUE TERMS – For licenses granted outside of the United States laws and regulations, Licensee must comply with all domestic and international laws and regulations that apply to the use of the Product(s), Software, Content, Website(s), Site(s) and or Services in the country of residence. Provider does not express any guaranty to the use of the software outside of the USA. Subscriber’s agree that the End User License Agreement may be governed by the country regulations of the Licensee residence intent of purpose.
CONTACT US – Please contact Us by email at firstname.lastname@example.org .
Copyright © 2019, Settleitsoft, Inc. Revision 2.80. All Rights Reserved. Budget-iT and respectively logos are trademarks or registered trademarks of Settleitsoft Inc. or its related companies and affiliates
Contact Contact Us Budget-iT App P.O. Box 17932 Fort Lauderdale FL 33818
The Budget-iT™ name, associated trademarks and logos are trademarks of SettleiTsoft, Inc., and/or its related entities, or their respective owners. Terms, conditions, features, availability, pricing, fees, service, assistance and support options are subject to change without notice. © 2019 SettleiTsoft, Inc. All Rights Reserved.