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Terms of Service

Here are the contents of our Terms of Service:

  1. Acceptance of Terms
  2. Description of Service
  3. Member Account and Security
  4. Registration
  5. User Content
  6. User Conduct
  7. Privacy
  8. Links to Third Party Sites
  9. Modifications
  10. Termination
  11. Disclaimer of Warranties
  12. Limitation of Liability
  13. Indemnity
  14. General Terms
  15. Special Admonitions for International Use

 

1. ACCEPTANCE OF TERMS

The Billster services (the "Services") are provided under the name of Billster, (collectively referred to as "Billster") to you ("You") under the terms and conditions of this Terms of Use Agreement (this "Agreement"). This Agreement includes Billster's Privacy Policy, which is available at the Billster Web site located at http://www.billster.net/privacy/ and is incorporated herein by reference, and governs your use of Billster's Web site as well as the Services. BY USING BILLSTER'S WEB SITE, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE EIGHTEEN YEARS OF AGE OR OLDER AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER AND LIMITATION OF LIABILITY SET FORTH IN SECTIONS 12 AND 13 BELOW.

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2. DESCRIPTION OF SERVICE

Billster currently provides users with access to a expenses management software application ("Application") published over the World Wide Web, and a collection of other web services. Using Billster's software Application, the user ("User") is able to store personal information to his account ("Content"). Upload and submission of Content can be elected by the User manually. A user can navigate to his Content through the Billster service. Billster saves, and then automatically files the Content. Billster provides a User access to User's stored Content from any Internet connection. Billster provides tools to allow a User to manage the Content he has submitted.

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3. MEMBER ACCOUNT AND SECURITY

For Services that store Content, the You must complete the registration process ("Registered User").
During the registration process, You must select a Password and User Name. Billster will notify You if your User Name is already in use by another subscriber. You agree to carefully safeguard Your Password, User Name, and account and You agree that You shall at all times remain solely responsible for maintaining and protecting the confidentiality of your Password and account information and You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify Billster if at any time Your Password, User Name, or account is, or You believe it has been, lost, stolen, disclosed, or otherwise compromised and Billster may direct You to a secure part of the Web site so that you can create a new Password. You will still be able to access Your previous account information and Content. If you elect to replace your account by the means of deleting your current account and creating a new account, You shall be unable to access Your previous account information.
You may browse certain areas of the Billster website without becoming a Registered User, however the Services are only available to users who have completed the registration process. Billster will inform You if You are unable to access a certain area of the website without first becoming a Registered User.

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4. REGISTRATION

As part of the registration process for the Services, You agree to: (i) provide certain limited information about You as prompted to do so by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested on original sign up shall be referred to as account data ("Account Data"). Billster reserves the right to refuse the Service to any user.

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5. USER CONTENT

You understand and agree that the Content of all users, including Your Content will be collected, aggregated and anonymously integrated into the Service by Billster for the purpose of providing such information to other Billster users and for other purposes, including, without limitation, statistical and analysis purposes, and provision of services which Billster or its partners believe will be beneficial to the User. This use of Your Content will not be traceable to You as a specific user. If Billster desires to use Your Content in a way that would personally identify You, Billster will contact You and will only make such use with Your prior written consent.

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6. USER CONDUCT

Your right to use the Service is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Service without the express written consent of Billster . You are solely responsible for the content of Your transmissions through the Service. Billster does, however, reserve the right to take any action with respect to the Services that Billster deems necessary or appropriate in Billster's sole discretion if Billster believes You or Your transmissions or use of the Services may violate the rights of others, these rules or any applicable laws. Your use of the Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all laws, rules and other regulations applicable in connection with the Service; (ii) not to interfere or disrupt networks connected to the Service; (iii) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iv) not to use or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature and (v) You will not interfere with another users use and enjoyment of the Service.

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7. PRIVACY

Billster does not make use of your personally identifiable information such as your email address. By accepting the terms of this Agreement, You expressly consent to disclosure of Your anonymous personal information individually or on an aggregated basis to third parties for reporting and other purposes, including, without limitation, statistical and analysis purposes, and provision of services, which Billster or its partners believe will be beneficial to the User. Further, Billster can (and You hereby authorize Billster to) disclose Account Data or any information about You to law enforcement or other government officials as Billster, in its sole discretion, believes necessary or appropriate. Therefore, Billster does not promise, and You should not expect, that personally identifiable information or private communications would always remain private. More information on Billster's current privacy policy can be found at http://www.billster.net/privacy/.

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8. LINKS TO THIRD PARTY SITES

Any links included within the Service may permit You to leave the Billster Web site. These linked sites are not under the control of Billster and Billster shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. Billster is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. Billster is providing these links to You as a convenience.

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9. MODIFICATIONS

Billster may amend this Agreement at any time by (i) posting a revised Billster Terms of Use document on the Billster Web site, and/or (ii) posting information regarding the amendment on an Updates Page. You are responsible for regularly reviewing the Billster Web site to obtain timely notice of such amendments. Any continued use of the Service by You after such amended terms have been posted shall be deemed your consent and agreement to such amended terms. Furthermore, Billster reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue the Service with or without notice to You. Billster shall not be liable to You or any third party should Billster exercise its right to modify or discontinue the Service.

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10. TERMINATION

Billster may immediately terminate Your membership and right to use the Service if (i) You breach this Agreement, (ii) Billster is unable to verify or authenticate any information You provide to Billster, (iii) such information is inaccurate, or (iv) Billster decides, in its sole discretion, to discontinue offering the Service. Billster shall not be liable to You or any third party for termination of the Service. You may terminate the Service with or without cause at any time, effective immediately by requesting closure of Your account. Should You object to any terms and conditions of this Agreement or any subsequent modifications hereto, or if You become dissatisfied with the Service in any way, Your sole recourse is to immediately: (i) discontinue use of the Service; and (ii) notify Billster of Your termination. Upon termination of the Service, Your right to use the Service immediately ceases.

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11. DISCLAIMER OF WARRANTIES

I. BILLSTER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER BILLSTER MAKES ANY WARRANTY THAT THE SERVICES AND/OR ANY INFORMATION PROVIDED BY OR THROUGH BILLSTER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BILLSTER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
II. BILLSTER IS AN EXPENSES MANAGEMENT WEB APPLICATION AND IS INTENDED ONLY TO ASSIST USERS TO MONITOR AND CALCULATE THEIR EXPENDITURE. BILLSTER NEITHER GIVES FINANCIAL ADVICE, NOR ADVOCATES THE PURCHASE OF ANY PRODUCT. NOTHING CONTAINED IN BILLSTER SHOULD BE CONSTRUED AS SUCH ADVICE. THE INFORMATION AND REPORTS GENERATED BY BILLSTER SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PROFESSIONAL FINANCIAL ADVICE. BILLSTER IS INTENDED FOR USE ONLY BY ADULT INDIVIDUALS. BILLSTER IS NOT INTENDED FOR USE BY MINORS.
III. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE BILLSTER SITE IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES AND/OR CONTENT. THE SERVICES AND/OR ANY CONTENT YOU DOWNLOAD FROM THE BILLSTER SITE ARE PROVIDED ON AN "AS IS" BASIS.

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12. LIMITATION OF LIABILITY

IN NO EVENT SHALL BILLSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AND/OR ANY INFORMATION PROVIDED BY OR THROUGH BILLSTER, INCLUDING BUT NOT LIMITED TO, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF BILLSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER BILLSTER SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

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13. INDEMNITY

You hereby agree, at Your expense, to indemnify, defend and hold Billster harmless from and against any loss, cost, damages, liability, expense, arising out of or relating to (i) a third-party claim, action or allegation of infringement based on information, data, Content or other content submitted by You, (ii) any fraud or manipulation, or other breach of this Agreement, by You, or (iii) any third-party claim, action or allegation brought against Billster arising out of Your use of the Software or Services.

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14. GENERAL TERMS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Billster's failure to act with respect to a breach by You does not waive Billster's right to act with respect to subsequent or similar breaches. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Billster shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Billster's reasonable control.

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15. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Because of the global nature of the Internet, you agree to comply with all local rules regarding User conduct on the Internet and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

This Agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for reviewing the terms of this Agreement from time to time.

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