These Terms and Conditions ("Terms") govern our relationship with users and others who interact with BILLWHITTLE.COM LLC (hereinafter the “Company”), including, along with the Membership Agreement, our Members. By using or accessing the Company’s website at www.billwhittle.com (hereinafter the “Site”), or the Services provided at the Site (the “Services”), you agree to these Terms.
These Terms constitute a legal contract between you and the Company and set forth the terms and conditions governing your access to and use of the Site and any blogs, forums, chat rooms, news and RSS feeds, and podcasts that the Company may make available to you on the Site. The Site and the Services are intended for personal, non-commercial use by individuals. The Company reserves the right at any time to modify or discontinue, temporarily or permanently, all or any portion of any of the Services with or without notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Subject to these Terms, the Company grants you a non-exclusive, non-transferable, non-assignable right and license to access the Site, certain content, information, text elements, site design, images and icons, as well as the selection, assembly and arrangement thereof appearing on this Site (“Content”) and the Services solely for your own personal use.
Third Party Content
Certain Content available on the Site and through the Services, including without limitation, content, podcasts, blogs, forums, chat rooms and news and RSS feeds, may be provided by third parties to the Company (such content referred to hereinafter as “Third Party Content”), including information or content, including comments, blog posts, emails, forums, chat room discussion and other content, provided or uploaded by users or Members of the Company (such content referred to hereinafter as “User Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. The Company hereby grants you a license to display (and download, where such capability is expressly provided) the Third Party Content on your personal computer and/or personal mobile device solely for your personal use. You acknowledge and agree that you have no right to download, cache or display any of the Third Party Content except as set forth in this paragraph. You further acknowledge and agree that you have no right to reproduce, modify, edit, alter or enhance any of the Third Party Content in any manner.
Review of Third Party Content or User Content.
THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTY CONTENT OR USER CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
The Company is under no obligation to allow User Content or provide Third Party Content, and will not screen or review such User Content or Third Party Content, and is not responsible for any User Content or Third Party Content which may be offensive, illegal (including libel, slander or other defamatory content), or which constitutes an infringement of copyright or any other intellectual property rights. However, and notwithstanding the foregoing, by uploading any User Content to the Site, you are representing and warranting to the Company that (i) you have all legal right to upload such User Content and make it available on the Site to other users of the Site, (ii) that such User Content is not offensive, illegal (including libel, slander or other defamatory content), and (iii) that the uploading onto the Site or the viewing of such User Content by yourself or other users of the Site does not constitute an infringement of copyright or any other intellectual property rights of any third party. In the event the Company becomes aware that any user of the Site has uploaded content which is offensive, illegal (including libel, slander or other defamatory content), or which constitutes an infringement of copyright or any other intellectual property rights, the Company may immediately remove any such content from the Site, and may immediately block such user’s access to the Site.
Restrictions and Obligations
Except as expressly authorized in these Terms, you shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or timeshare any Content or Services or any portion thereof, or use such as a component to any products or services prepared for other use, including but not limited to commercial sale, sublicense, lease, access or distribution, or prepare any derivative work based on any of the Content or the Services. The Company reserves all rights not expressly granted to you. You agree to take all reasonable steps to protect the Content and Services accessed on the Site from unauthorized access, copying or use.
You are prohibited from taking any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Site and the Services or the Content. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you (if applicable), (b) access Content not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site, any Content and/or the Services, or (f) overwhelm or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. If the Company becomes aware of any of the foregoing activities, it will investigate and may respond, and when appropriate, it may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders. Your continued use of the Site and the Services is expressly conditioned on your compliance with the preceding prohibitions and with the obligations and restrictions. The Company asks that you respect its online community as well as other individuals participating within its online community and/or using the Services. Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of forgoing, you acknowledge that these Terms expressly prohibit and you agree that you will not at any time:
- Remove any copyright, trademark, service mark or any other proprietary rights notification contained in any Content or other materials that you access or copy via the Site or the Services or use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable the operations of the Site; use any robot, spider or other program or device to retrieve or index any portion of the Site; harvest or otherwise collect information about other users for any purpose other that use of the Services as expressly permitted herein.
- Misrepresent yourself or represent yourself as another user of the Site and/or the Services.
- Harass, threaten, embarrass, or do anything else to another user of the Services that is unwanted.
- Provide or post any data or information that is false, inaccurate, abusive, defamatory, discriminatory, hateful, obscene, threatening, inappropriate or otherwise objectionable.
- Impersonate or represent the Company staff or other industry professionals.
- Distribute, sell, transfer or post your password or email address to permit anyone other than yourself to access the Site from your account.
- Solicit another user’s password or other account information.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) if you are given the ability to post to the Site.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. The Company reserves the right to terminate your access to the Site or the Services for any action that it, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any other user.
The Company reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on the Company, and the Company does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and the Company is not responsible for any offensive or otherwise objectionable materials in the Materials.
Password Restricted Areas of the Site
Certain areas of the Site may be available only to Members, or otherwise password-restricted to authorized users who register with the Company or who become Members. If so, you are responsible for activities that occur under your account and for maintaining the confidentiality of your password and account, and agree to notify the Company if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.
Links to and From Third Party Websites
Certain other websites may link to the Site. You are licensed and permitted to provide links to this Site from your website as long as you do not link to this Site by any means that give visitors to your own website the impression that you are linking to pages that are within your own website, or that the Company endorses your website, sponsors your website, or is in any way affiliated with your website. You shall not attribute a link on your website to this Site and then link somewhere else. Do not frame any Content from the Site or otherwise present the Content obtained from the Site as your own.
The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of the Company or others used on this Site are the property of the Company or their respective owners. You may not remove or alter any Trademark. You may not use any trademark displayed on the Site without the express prior written permission of the Company or the respective owner, and nothing contained on this Site grants by implication, waiver, estoppel or otherwise, any right to use such trademarks. All of the Company Content is the sole property of the Company © 2013 (or such other date as may be reflected in any copyright notice on such Content) or any respective third party owners, unless otherwise specified. All Third Party Content is the sole property of the owners thereof. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Any and all ideas, suggestions and the like provided by you with respect to the Site and Services (“Supportive Information”) will be the sole property of the Company, and may be used for any purpose in the Company’s sole discretion. You hereby assign to the Company all right, title and interest worldwide in such Supportive Information and any related intellectual property rights and you agree to assist the Company, at the Company’s expense, in perfecting and enforcing any such rights.
You agree to defend, indemnify and hold harmless the Company and its affiliates, representatives, contractors, attorneys, accountants, licensors, Third Party Content providers, Members, officers, directors, partners, agents and employees (collectively, the “Company Affiliates”) from and against any and all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your use of the Site, the Services or the Content, or any breach of these Terms, or your use of any Third Party Content on this Site.
Your Representations and Warranties
You further represent and warrant that you are at least eighteen (18) years of age and can form a legally binding contract. You agree to indemnify the Company for any breach of the foregoing representations and warranties and for any claim made against the Company arising out of your content that is submitted or transmitted through the Service or your use of the Services.
Disclaimer of Warranty
THE COMPANY FOR ITSELF AND ITS RESPECTIVE AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE CONTENT AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
Limitation of Liability
NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES, OR THE CONTENT OR ANY OTHER MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE COMPANY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN THE LESSER OF (1) YOUR THEN-CURRENT MEMBERSHIP FEE (IF YOU ARE A MEMBER) PAID FOR THE YEAR IN WHICH SUCH LOSS OCCURS, OR (2) AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Sales and Refunds
You agree that all sales and purchases through the Site are final and are nonrefundable, unless otherwise stated within these Terms.
Term and Termination
These Terms commence upon the date you first use the Site and/or the Services and continue until terminated. You may terminate these Terms and your use of the Site at any time with cause or with no cause, effective immediately. The Company may terminate these Terms and your license and your access to the Services, the Content and the Site with cause or without cause, effective immediately. Upon termination you shall immediately cease to access the Site and the Services and use any materials or Content obtained through your use of the Services.
The rights and obligations contained in the paragraphs labeled Third Party Content and Links to Third Party Websites, Disclaimer of Warranty, Indemnification, Limitation of Liability and Term and Termination shall survive any termination of these Terms or your use of the Site.
Claims of Infringement
The Company respects the intellectual property of others, and asks you to do the same. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement and appears on our Site or through the Services, please provide the Company’s User Support representative [email@example.com] with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.