Terms & Conditions of BudgetSketch™
NOTICE – READ THIS BEFORE USING BudgetSketch™. USE OR EVALUATION
OF THE SERVICE ACCOMPANYING THIS LICENSE AGREEMENT INDICATES YOUR ACCEPTANCE
OF THESE TERMS AND CONDITIONS. PLEASE READ ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT PRIOR TO USING OR EVALUATING THE SERVICE. IF YOU DO NOT ACCEPT
THESE TERMS, PLEASE DO NOT REGISTER FOR THE SERVICE. PLEASE NOTE THAT YOU MAY
NOT USE, COPY, MODIFY, DISCLOSE OR TRANSFER INFORMATION AVAILABLE VIA THE
SERVICE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
BudgetSketch™ (the “Service”) is provided by Finagilous, LLC, with
offices in Cincinnati, Ohio (the “Company”).
This is a legal agreement (“Agreement”) between you and the Company, please
read the Agreement carefully before registering for the Service. By completing
your registration, you will become a registered user of the Service (a
“Registered User”) and you agree to be bound by the terms and conditions of
this Agreement (the “Terms”) for as long as you continue to be a Registered
User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR THE
SERVICE. The Terms are subject to change by the Company at any time, effective
upon notice to you or the posting of such revised terms on the Company website
(the “Site”). Any use of the Service after such notice will constitute
acceptance by you of such changes.
1. License and Proprietary Rights. Subject to the terms and conditions hereof,
you are hereby granted a non-sub-licensable, non-transferable, non-exclusive,
royalty-free license to use the Service during the Term (as defined below).
Other than the foregoing license, no rights or licenses are granted hereunder
and the Company owns and hereby retains all proprietary rights in the Service.
You agree that you will not publish, transmit, copy, distribute, perform,
display, transfer or sell any Company or third party proprietary information
available via the Service or the Site. You agree to use your best efforts to
prevent and protect the contents of the Service from unauthorized use. Company
and its licensors reserve all rights not expressly granted to you. Company’s
licensors are the intended third party beneficiaries of this agreement and
have the express right to rely upon and directly enforce the terms set forth
herein.
2. No Further Obligations. Nothing herein shall obligate you to license any
additional services from the Company. Nothing herein shall obligate the
Company to provide or market any additional services or support.
3. Limitation on Use. You may not remove, alter, cover or obfuscate any
copyright notices, trademark notices or other proprietary rights notices
placed or embedded on or in the Service. You may not cause or permit any third
party to do any of the foregoing.
4. Confidentiality. “Confidential Information” means any oral, written,
graphic or machine-readable information disclosed by the Company that is (i)
identified herein as confidential; (ii) designated in writing to be
confidential or proprietary or (iii) should be reasonably understood to be
confidential. You agree to: (a) refrain from using Confidential Information
except as necessary to exercise the limited license granted herein and (b) use
best efforts to preserve and protect the confidentiality of the Confidential
Information. Notwithstanding the foregoing, Confidential Information shall not
include information: (i) already publicly known; (ii) otherwise known to
Customer through no wrongful conduct, or (iii) to the extent required to be
disclosed by law or court order.
5. Disclaimer of Warranties. THE COMPANY PROVIDES THE SERVICE ON AN “AS IS”
AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
6. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR
INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF
SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. Term and Termination. This Agreement shall become effective upon your
acceptance of the Agreement by registering for the Service or your use of the
Site or the Service and shall remain in effect in perpetuity unless terminated
hereunder (the “Term”). Either you or the Company may terminate this Agreement
at any time, for any reason or no reason, without explanation, effective upon
sending written notice to the other party. If this Agreement terminates for
any reason, you must return or destroy all data related to the Service within
15 days of a request by the Company for such data, and you agree to provide a
certificate to the Company acknowledging that you have done so, promptly
following the Company’s request for such certificate.
8. General Provisions. You agree that Ohio law (without giving effect to
its conflicts of law principles) shall govern this Agreement, and that any
dispute arising out of or relating to this Agreement shall be subject to the
exclusive jurisdiction and venue of the federal and state courts serving
Cincinnati, Ohio, other than for actions to enforce any order or judgment
entered by such courts. You agree that the Company may seek injunctive relief
for any claims arising out of a breach of the provisions hereof related to
confidentiality or proprietary information. This Agreement, accepted upon
registration for the Service, contains the entire agreement between you and
the Company regarding the use of this Service. In the event that any provision
of this Agreement shall for any reason be held invalid, illegal or
unenforceable in any respect, the remaining provisions shall remain in full
force and effect. No waiver of any breach of any provision of this Agreement
shall constitute a waiver of any prior, concurrent or subsequent breach of the
same or any other provisions hereof, and no waiver shall be effective unless
made in writing. Unless otherwise explicitly stated, the terms and conditions
hereof will survive termination of this Agreement.
9. Export Controls. You agree that you will only use the Service in a manner
consistent with any and all applicable local, state, national and
international laws and regulations, including, but not limited to, United
States export control laws. As a Registered User you agree that you are not
(i) located in, under the control of, or a national or resident of any country
to which the United States has embargoed goods, (ii) identified as a
“Specially Designated National”, or (iii) placed on the Commerce Department’s
Table of Deny Orders. Membership in, and use of, the Service is void where
prohibited. To the extent that the Services are not legal in your
jurisdiction, you may not use the Services.
