Effective May 11, 2009
Your Access to the Site and Services
Your access to and use of the Site and Services is at your own risk. BillShrink will have no responsibility for any damages of any kind resulting from such use and will have no responsibility for any harm to your computer system, loss of data or any other harm that results from your access to or use of the Site and Services. You agree that you will not engage in any activity that interferes with or disrupts the Site, Content or Services (or the servers and networks which are connected to the Site or Services). You also agree not to access (or attempt to access) the Site, Content or any of the Services by any means other than through the interface that is provided by BillShrink. You specifically agree not to access (or attempt to access) the Site, Content or any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
Your Account and Passwords
You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Site or Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify BillShrink of any unauthorized use of your username or password. You are responsible for keeping your account information current and accurate; BillShrink will have no liability for failure to deliver notices that result from inaccurate account information.
Your Use of Site Content
Third Party Provider Transactions and Charges
Your dealings with any third party product or service provider (“Third Party Provider”) in connection with the Services, including any claims, offers, promotions or representations made in any Content provided through the Services, your participation in any promotions offered by any Third Party Provider, and the purchase of any third party products and services and/or any other terms, conditions, warranties or representations associated with such offers or promotions, are solely between you and the Third Party Provider. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY CLAIMS, OFFERS AND PROMOTIONS BY THE THIRD PARTY PROVIDER BEFORE PURCASING ANY OF ITS PRODUCTS OR SERVICES. BillShrink is not responsible or liable for any part of any such dealings or promotions. You are solely responsible for, and BillShrink will not have any liability to you for, any access, service, or activation/cancellation fee, or for any usage charges charged by a Third Party Provider related to any third party products you purchase through use of the Services.
The Site may contain links to third party websites or resources, which may provide access to products, content and services from third parties, including users, advertisers, affiliates and sponsors of the Site. BillShrink does not control these links and links to such websites or resources do not imply any endorsement by BillShrink of such websites or resources or the content, products or services available from such websites or resources. You agree that BillShrink is not responsible or liable for: (i) the availability or accuracy of, such third party websites or resources; (ii) the content, advertising, products or services on or available from such websites or resources; or (iii) any opinions, advice, offers or other information on or available from such websites or resources. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that BillShrink is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, third party products or other content and understand that you bear all risks associated with the use of such content and any transactions you have with a third party. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that BillShrink is not responsible for: (a) the quality of any third party products or services; and (b) fulfilling any of the terms of your agreement with a third party seller, including delivery of products or services and warranty obligations related to such purchased products or services. You agree that BillShrink is not responsible for any loss or damage of any sort you may incur from dealing with any third party. You agree to direct any question, complaint or claim relating to a transaction to the third party merchant fulfilling such transaction.
The Site, Content & Services are Available “AS-IS”
THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. BILLSHRINK EXPLICITLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; AND (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SITE, CONTENT OR SERVICE ARE ACCURATE, RELIABLE, COMPLETE, UP-TO-DATE, OR PRODUCE SPECIFIC OUTCOMES. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING BUSINESS LOSSES, DAMAGE TO YOUR COMPUTER SYSTEM, DAMAGES RESULTING FROM COMPUTER VIRUSES AND LOSS OF DATA, WHICH RESULT FROM YOUR USE OF OR ACCESS TO THE SITE OR SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
BillShrink makes no warranty that: (i) the Services will meet your requirements; (ii) the Site or Services will be available on an uninterrupted, timely, secure or error-free basis; or (iii) the quality of any products, services, information or other material purchased or obtained by you through the Site, Content or Services will meet your expectations, will be accurate, interoperable, compatible, timely, truthful, complete or reliable. All advice or information provided on the Site, whether oral or written, is “AS IS” and no advice or information whether oral or written obtained from BillShrink or through the Services, will create any warranty.
BillShrink is not responsible for any decisions you make based upon the Content or Services. BillShrink assumes no liability or responsibility for any errors or omissions in the Site, Content or Services, and makes no commitment or warranty to correct any such errors or omissions or update or keep current the information contained in the Site, Content or Services. It is your responsibility to take appropriate due diligence to ensure that this information is suitable for your purposes, including without limitation to implement any products or services based on such information.
BillShrink reserves the right to make changes or updates to the Site, Content or Services, including but not limited to adding to, deleting, changing or improving any of the information, services, programs, interfaces and technology, at any time without notice.
You represent and warrant that you will not do any of the following while accessing the Site and using the Services:
• Engage in any activity (including but not limited to posting, publishing or transmitting any text, graphics or material) or in a manner that (i) generates fraudulent, illegal, or otherwise invalid purchases, licenses or other transactions in connection with the Service or that constitutes an illegal, unfair or fraudulent business practice; (ii) violates, or encourages any conduct that would violate, any applicable law, statute, ordinance or regulation or would give rise to civil liability; (iii) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (iv) promotes bigotry, racism, hatred or harm against any individual or group; or (iv) you should know is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, offensive, libelous, or otherwise objectionable;
• Copy, modify or distribute the HTML code used to generate web pages on the Site;
• Use any computer viruses, worms or other potentially damaging computer programs or files on the Site;
• Access, tamper with or use non-public areas of the Site, BillShrink’s computer systems, or the technical delivery systems of BillShrink’s providers;
• Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
• Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by BillShrink or other generally available third party web browsers (such as Microsoft Internet Explorer or Netscape Navigator);
• Frame or link to the Site, except as may be expressly permitted in writing by BillShrink;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Site;
• Send unsolicited email, bulk email, junk mail, “spam” or chain letters, or promotions or advertisements for products or services;
• Post any information for which you were compensated or granted any consideration by any third party;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
• Impersonate or misrepresent your affiliation with any person or entity; or
• Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user.
Your Use of Forums and Public Communication
“Forum” means a discussion group, chat area, mail bag, recommendation and ratings section, bulletin board, news group, communication with BillShrink and its webmaster or employees, or e-mail function that is, or may be, offered as part of the Site or Services. You agree not to upload, email, post, publish or otherwise transmit through a Forum any content that: (i) is false or misleading; (ii) is defamatory; (ii) is harassing or invades another’s privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (iv) is obscene; (v) infringes another’s rights, including but not limited to intellectual property rights (including trademark, trade secret, patent or copyright) or rights of publicity; or (vi) violates any applicable laws or regulations. Forums shall be used in a noncommercial manner only.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or submitting any content to BillShrink, you automatically grant (or warrant that the owner of such rights has expressly granted) BillShrink a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
BillShrink respects the intellectual property rights of others and expects users of the Services to do the same. To that end, BillShrink has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. At our discretion and in appropriate circumstances, we may terminate the accounts of users or prevent access to the Site by users who are infringing the intellectual property rights of others. Pursuant to 17 USC 512(c)(2) (the Digital Millennium Copyright Act of 1998), BillShrink’s designated agent for notice for alleged copyright infringement is:
BillShrink, Inc., Attn: Copyright Agent
601 Marshall Street, Redwood City, CA 94063
Filing a notice of infringement requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website.
You may from time to time provide feedback to BillShrink related to the Site, Content or Services. Such feedback may include, without limitation, modifications, additions, fixes, improvements, enhancements, applications, test results, procedures, information, materials, suggestions, ideas, concepts, know-how, techniques, data, translations, developments, discoveries and suggestions (collectively “Feedback”). You hereby grant BillShrink a worldwide, royalty-free, non-exclusive, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish, transmit and otherwise use and dispose of such Feedback.
Termination of Use
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BILLSHRINK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SITE, CONTENT OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE BILSHRINK HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT BILLSHRINK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, BILLSHRINK WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF BILLSHRINK TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO BILLSHRINK FOR ACCESS TO AND USE OF THE SERVICES GIVING RISE TO SUCH LIABILITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BILLSHRINK AND YOU.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
Controlling Law and Jurisdiction
Modification of Terms
These Terms are the entire and exclusive agreement between BillShrink and you regarding the Services, and these Terms supersede and replace any prior agreements regarding the foregoing.
The Services are operated and provided by BillShrink, Inc. 400 Seaport Court, Suite 200, Redwood City, CA 94063. If you have any questions about these Terms, please contact BillShrink at firstname.lastname@example.org.