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BUDGET ACTION SM TERMS OF SERVICE

OVERVIEW

This website or mobile app (collectively the “Site”) is operated by Budget Action LLC (“Budget Action”). Throughout the Site, the terms “we”, “us” and “our” refer to Budget Action. Budget Action offers this Site, including all information, tools and services available from this Site to you (the “User”) conditioned upon Users acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site, User engages in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, also referred to herein as “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, User agrees to be bound by these Terms of Service. If User does not agree to all the terms and conditions, then User may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the Site or Services shall also be subject to the Terms of Service. User can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Site. It is User’s responsibility to check this page periodically for changes. User’s continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE TERMS

By agreeing to these Terms of Service, User represents that User is at least the age of majority in User’s residential state or province, or that User is the age of majority in User’s residential state or province and User has given us User’s consent to allow any of User’s minor dependents, charges or children to use the Site.

User may not use our products for any illegal or unauthorized purpose nor may User, in the use of the Service, violate any laws in User’s jurisdiction.

User must not transmit any worms or viruses or any code of a destructive nature while using or in any way connected with our Site or the Services.

A breach or violation of any of the Terms will result in an immediate termination of User’s Services, and (if appropriate) may result in further legal action.

SECTION 2 - GENERAL CONDITIONS

To the fullest extent permitted by law, we reserve the right to refuse access to our Site or Services, or both, to anyone for any reason at any time.

User understands that information User provides us (not including credit card information), 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. Any credit card information provided by User is always encrypted during transfer over networks.

User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Users are encouraged to consult with professional accountants, financial advisors, planners and legal counsel, as appropriate. Any reliance on the material on this site is at User’s own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for User’s reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. User agrees that it is User’s responsibility to monitor changes to the Site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

It is our goal to provide unique, effective, useful financial tools at competitive, affordable prices. As a result, prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to User or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - SERVICES

While User may cancel future Services at any time, in accordance with these Terms, we have a “no refund” policy for our Services.

We cannot guarantee that User’s computer or mobile devise is compatible with our Site or the Services.

We do not warrant that the quality of any Services, information, or other material purchased, downloaded, accessed or obtained by the User will meet User’s expectations. We do not warrant that the Site or Services will be free from errors, or that any such errors in the Service will be corrected.

We reserve the right, but without any obligation, to limit access or sale of our Site or Services to any person or geographic region. We may exercise this right on a case-by-case basis, subject only to the bounds of applicable law. All descriptions of Services or pricing therefor are subject to change at anytime without notice, at the sole discretion of us, including we reserve the right, but without any obligation, to offer promotional or temporary Services or prices for Services. We reserve the right to discontinue any Service at any time. Any offer for any Service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order a User places with us, in our sole discretion. We may, in our sole discretion, limit or cancel Services purchased per person, per household or per order. These restrictions may include orders placed by or under the same account, the same credit card, or orders that use the email, mail or billing address. In the event that we make a change to or cancel an order, we may attempt to notify the User by contacting the e-mail, mailing or billing address or phone number provided by the User. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be fraudulently placed or placed by resellers or competitors.

User agrees to provide current, complete and accurate purchase and account information for all purchases made with us. User agrees to promptly update User’s account and other information, including but not limited to User’s email address, mailing address, and billing address (if different), as well as credit card number and expiration date at the time of any purchase, so that we can complete User’s transactions and contact User as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide User with access to third-party tools over which we neither monitor nor have any control nor input.

User acknowledges and agrees that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to Users use of optional third-party tools.

Any use by User of optional tools offered through the Site is entirely at User’s own risk and discretion and User should ensure that User is familiar with and approve of the terms on which tools are provided by the applicable third-party provider or providers.

We may also, in the future, offer new services or features through the Site, which shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this Site may direct User to third-party websites that may or may not be affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility, for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party's terms, policies and practices and make sure User understands them before User engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, User sends certain specific submissions, or without a request from us User sends creative ideas, suggestions, proposals, plans, or other materials, whether via online, by email, by mail, or otherwise (collectively, “Comments”), User agrees that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that User forwards to us. We are and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments or work derived from such Comments; or, (3) to respond to any Comments.

We may, but without any obligation to, monitor, edit or remove 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.

User agrees that User’s Comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, or personality. User further agrees that User’s Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. User may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. User is solely responsible for any Comments User makes. We take no responsibility and assume no liability for any Comments posted by User or any third-party.

SECTION 10 - PERSONAL INFORMATION

Any submission of personal information through or to the Site is governed by our Privacy Policy (available on the Site).

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after User has submitted User’s order).

We undertake no obligation to update, amend or clarify information on the Site, in the Service, or on any related or linked website, including without limitation, pricing information, except as required by law. No update or refresh date applied on the Site or in the Service should be taken to indicate that all information on the Site or in the Service has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site, its content, or the Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or illegally discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or the Service, or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or Service for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that User’s use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

User agrees that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

User expressly agrees that User’s use of, or inability to use, the Service is at your sole risk. The Service are (except as expressly stated by us) provided “as is” and “as available” for User’s use, without any representation, warranties or conditions of any kind, either express or implied, including without all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by law, in no case shall Budget Action, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from User’s use of the Site or the Service, or for any other claim related in any way to your use of the Site or Service, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Service or any content posted, transmitted, or otherwise made available by Budget Action, even if advised of their possibility.

SECTION 14 - INDEMNIFICATION

To the fullest extent permitted by law, User agrees to defend, indemnify, and hold harmless Budget Action, as well as its affiliates, partners, officers, directors, agents, contractors (of any tier), licensors, service providers, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party arising out of, in any way connected to or in any way related to User’s breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service and restructured to read as close to the intent of the original agreement as permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of User or us incurred prior to the termination of this agreement shall survive the termination for all purposes.

These Terms of Service are effective unless and until terminated by either User or us. User may terminate these Terms of Service at any time by notifying us that User no longer wishes to use our Services by fully completing the cancellation form on the Site, or when you cease using our Site if you have not received any Services.

If in our sole judgment User fails, or we suspect that User has failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless expressly written and signed by a duly authorized representative of us.

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between User and us and govern User’s use of the Site and Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide User Services shall be governed by and construed in accordance with the laws of the State of Georgia.

SECTION 19 – MEDIATION, ARBITRATION, FORUM AND JURY WAIVER

Any and all disputes, whether existing now or arising in the future between us and User, related in any way to the Site, the Service, or the Terms (a “Dispute”) shall be subject to alternative dispute resolution as described below.

 

If a Dispute cannot be settled through a good faith attempt to engage in informal discourse or negotiation between us and User, the parties must, as a condition precedent to any arbitration or lawsuit allowed by these Terms, make a good faith attempt to settle the Dispute by mediation. Reasonable costs of the mediation shall be paid by us. The mediation’s location shall be selected, in good faith, by us, taking into consideration the parties’ means, the subject of the Dispute and the amount in controversy, and may even occur by telephone or a live-stream, internet-based video service.

 

ANY DISPUTE WHICH CANNOT BE RESOLVED BY MEDIATION REQUIRED HEREUNDER SHALL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, WITH THE SOLE EXCEPTION BEING THAT CLAIMS MAY BE FILED IN THE MAGISTRATE COURT OF COBB COUNTY, GEORGIA, IF THE AMOUNT IN CONTROVERSY IS WITHIN ITS JURISDICTIONAL LIMIT. THE FEDERAL ARBITRATION ACT, 9 U.S.C. 1 ET SEQ., GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION; THE ARBITRATOR SHALL APPLY THE SETTLED LAW OF THE JURISDICTION IDENTIFIED IN SUBSECTION 18 OF THESE TERMS TO ALL OTHER MATTERS. NOTWITHSTANDING THE FOREGOING, ANY PARTY TO THE ARBITRATION MAY AT ANY TIME SEEK INJUNCTIONS OR OTHER FORMS OF EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION. WE AND USER AGREE THAT A DISPUTE MUST BE BROUGHT IN THE PROSECUTING PARTIES’ INDIVIDUAL CAPACITY AND NEVER AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

USER AND WE AGREE THAT EACH OF THE PARTIES ARE WAIVING THE RIGHT TO FILE A LAWSUIT IN A COURT OF RECORD, IN FEDERAL COURT, AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, USER AGREES TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. USER AND WE AGREE THAT USER AND WE HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

To begin an mediation or arbitration proceeding, either party must send the other a letter requesting such with a description of the Dispute and the redress sought. Any such letter shall be sent in care of the registered agent of Budget Action, at its registered address: Budget Action LLC, c/o Scott Bass, 100 Galleria Parkway, Suite 1020, Atlanta, Georgia 30339. Arbitration will be conducted by the American Arbitration Association (“AAA”) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org. If you are unable to pay any of the reasonable fees related to arbitration as allocated in the AAA rules, we will pay them for you up to $2,000.00, unless the arbitrator ultimately determines Users claims are frivolous (at which time we reserve the right to pay the fees in full to the arbitrator and request an award for same from the arbitrator). We will also not seek attorneys’ fees in the arbitration unless User’s claims or defenses are deemed frivolous. Like mediation, the arbitration’s location shall be selected, in good faith, by us, taking into consideration the parties’ means, the subject of the Dispute and the amount in controversy, and may even occur by telephone or a live-stream, internet-based video service. Any review of the reasonableness of this selected arbitration location or method shall be made by the arbitrator. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 19 shall survive expiration, termination or rescission of this Agreement.

SECTION 20 - CHANGES TO TERMS OF SERVICE

User can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.