1. ACCEPTANCE OF TERMS
Deductr/Business Owners Advantage, Inc (“Deductr,” “we,” “us,” “our”) provides Services to you, the user or subscriber (“you”, “your,” “yours”), subject to these Terms of Service, which may be modified from time to time in our sole discretion, with or without notice to you. By clicking “I AGREE” and/or accessing the Services, you indicate that you understand and agree to these Terms of Service. Your use of the Services, now or in the future, also indicates acceptance of the then-current Terms of Service. These Terms of Service incorporate by reference applicable program, subscription, activation, ordering, and pricing terms provided to you online or offline for the Services selected by you, and documentation and posted guidelines for the Deductr services you select, all of which comprise a binding legal agreement and govern your use of this website and the online services to which you are granted access hereunder. You agree to abide by all of the Terms of Service, as the same may be revised from time to time. Deductr may offer other services from time to time that may be governed by additional or different terms.
2. DESCRIPTION OF SERVICES
The "Services" mean and include (i) access to this website, and (ii) the Deductr services you select through this website, including but not limited to programs, components, internet-based services, content, technology, tools, and help content, as any of the foregoing may be modified, revised, updated, enhanced, or supplemented by Deductr from time to time.
The Services are provided to you on a subscription basis. Deductr may decline to grant you a subscription for any reason, and no binding agreement between the parties exists until (i) we receive and process complete and accurate information from you as requested in the registration process, (ii) we receive applicable subscription fees, and (iii) we send you an email verification confirming your subscription. You may cancel your subscription at any time. However, due to the fact that your paid subscription gives you access to valuable information and tools, you are not entitled to a refund of any fees paid prior to cancellation.
4. LIMITED RIGHTS
Subject to these Terms of Service and your timely payment of any applicable fees, Deductr grants you a personal, limited, nonexclusive, nontransferable license, so long as your subscription to the Services remains in force, to access and use the Services on a single computer at a time. You agree to refrain from (i) accessing or attempting to access any underlying software except for use of the Services as contemplated by these Terms of Service; (ii) accessing the Services by any means other than through the interface that is provided by Deductr; (iii) licensing, sublicensing, copying, reselling, or commercially exploiting the Services or underlying software to any third party; (iv) modifying or creating derivative works based on the Services or any part thereof; (v) decompiling, disassembling, or reverse engineering the Services or any underlying software. Your subscription is not transferrable.
Deductr reserves all rights not expressly granted to you in these Terms of Service. The Services are protected by copyright, trade secret, and other intellectual property laws. Deductr and its licensors retain ownership of the Services and all underlying software and all intellectual property rights therein. Deductr does not grant you a license or other authorization to any of its trademarks or service marks.
5. USER ACCOUNT, PASSWORD AND SECURITY
As a condition of using the Services, you agree to: (i) provide accurate, current, and complete information about yourself as prompted by the Services’ registration form, and (b) maintain and promptly update the registration data to keep it accurate, current, and complete.
You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account whether within Deductr or within any other password-protected service. You agree to ensure that you exit from your account at the end of each session and to immediately notify Deductr of any unauthorized use of your password or account. DEDUCTR CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY OTHER PARTY ARISING FROM OR RELATED TO YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.
Your access to the Services will begin after Deductr receives and processes all of the information, including credit card or bank account information, requested in the registration process. You must have a valid credit card or a valid debit card acceptable to Deductr to obtain access to the Services. The payment information you provide must be accurate, current, and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your credit card or bank account will be charged, and it will automatically be charged thereafter at the beginning of each applicable monthly or annual subscription term at the then-current subscription rate.
7. OTHER USER RESPONSIBILITIES
In order to use the Services, you must obtain Internet access and pay any service fees associated with such access. You must also provide any equipment necessary to make the connection to the Internet.
You agree to not use the Services to do any of the following:
- upload, post, e-mail or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law;
- upload, post, email, or otherwise transmit any material that contains a virus, trojan horse, worm, or other disruptive or harmful component;
- interfere with the proper working of the Services, prevent access to or use of the Services by other customers, or impose an unreasonable burden on Deductr hardware or servers; or
- intentionally or unintentionally violate any applicable local, state, national, or international law.
You are responsible for all content uploaded to the Services and for any necessary data backups.
You acknowledge and agree that Deductr may record, store and/or disclose any and all materials that are received, downloaded, uploaded, posted, or transmitted by you while using the Services, including any necessary and applicable user references, for the following purposes: (a) compliance with applicable laws; (b) compliance with legal process; (c) enforcement of these Terms of Service; (d) response to claims (including potential claims) that any such materials or the transmission thereof violates the rights of third parties; or (e) protection of the rights, property, or personal safety of Deductr, its users, and the public.
You hereby grant Deductr permission to use information about your business and usage experience to enable Deductr to provide services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Deductr may provide to you in the future. You also grant Deductr permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personality to improve services. We may use your data to create, market, or promote new Deductr offerings to you and others.
10. CONSENT TO CONDUCT BUSINESS ELECTRONICALLY
Deductr may wish to send you (or may be required by law to send you) notices, records, agreements, or other types of information ("Communications") in connection with the Services. You agree that Deductr may send Communications to you by email and/or may make Communications available to you by posting them on the website. You consent to receive all Communications electronically to the email address specified in your then-current registration data. If you decide that you do not want to receive future Communications electronically, you may contact us at email@example.com. However, if you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.
Your rights under these Terms of Service may be suspended or terminated by Deductr immediately and without notice if you (including any user accessing the Services with your authorization or using your password(s)) fail to comply with any of these Terms of Service or Deductr has reason to suspect that you are not in compliance with any of these Terms of Service, in which case Deductr shall have no liability or responsibility to you arising out of such termination, including but not limited to any refund of subscription fees. Deductr may terminate your subscription to the Services for any other reason upon (thirty) 30 days’ prior notice to you, in which case Deductr will refund to you a pro rata portion of any subscription fees paid by you representing the portion of your monthly or annual subscription, as applicable, that you will not receive.
Deductr is not responsible for interruptions in the Services due to causes beyond its reasonable control, including, by way of example, telecommunications failures, internet and electronic communications failures, labor interruptions, and loss, corruption, security, or theft of data.
You agree to indemnify and hold Deductr, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) materials that you submit, post, or transmit through the Services, (b) your use of the Services, (c) your connection to the Services, (d) any violation of these Terms of Service, or (d) your violation of any rights of another.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEDUCTR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DEDUCTR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR 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, OR (V) ANY ERRORS IN THE UNDERLYING SOFTWARE WILL BE CORRECTED.
DEDUCTR IS NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON DEDUCTR FOR SUCH SERVICES. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. DEDUCTR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN COMPLIANCE WITH APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEDUCTR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IF EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU BECAUSE THEY ARE DISALLOWED BY LAW IN YOUR JURISDICTION, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF YOUR FIRST USE OF THE SERVICES.
15. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEDUCTR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, AND INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DEDUCTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO ANY OF THE FOLLOWING:
- YOUR USE OR INABILITY TO USE THE SERVICES;
- RECOMMENDATIONS OR OTHER INFORMATION PROVIDED BY DEDUCTR;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. DEDUCTR SHALL HAVE NO RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATED TO INFORMATION OR OTHER MATERIALS SO OBTAINED, THE USE OF ANY SUCH INFORMATION OR MATERIALS, OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF DEDUCTR AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO DEDUCTR FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
16. GENERAL MATTERS
These Terms of Service, together with any supplements, policies, guidelines, or rules promulgated by Deductr or provided to you by Deductr, constitute the entire agreement between you and Deductr and govern your use of the Services. They supersede any and all prior oral agreements or other communications between you and Deductr pertaining to any of the matters covered by these Terms of Service. They do not supersede non-conflicting supplements, policies, guidelines, or rules that are in effect as of the date hereof. These Terms of Service and the relationship between you and Deductr shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Deductr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Utah, in the state of Utah. The failure of Deductr to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Deductr may change these Terms of Service from time to time, effective upon posting of modified Terms of Service on the website. Deductr may change, delete, discontinue, or impose conditions on any features or aspect of the Services, including but not limited to pricing, technical support options, and other product-related policies upon reasonable notice.
Date Last Revised: May 1, 2011