Terms and Conditions for Business Money Insights
Unless otherwise indicated, www.businessmoneyinsights.com and its content are property of Business Money Insights (BMI). The software and services provided by BMI are at all times subject to these terms and conditions. By registering your Smart Business Money Habits account and/or using our software or services, you confirm your acceptance of, and agree to be bound by, these term and conditions. These terms and conditions shall constitute the agreement between you and BMI (?this Agreement?).
- Restrictions on Use of Materials
Materials in this website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of BMI or of other owners used with their permission.
This Agreement is effective until terminated by either party. You may terminate this agreement at any time. This agreement will terminate immediately without notice at BMI?s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other www.businessmoneyinsights.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise. Where BMI terminates the agreement in reliance upon your breach of Agreement, or you terminate the agreement, you will not be entitled to any refund of any unused part of your payment for software or services.
You agree to pay all charges for your use of our software or services without any set-off or other deduction. You agree to pay all charges according to the timescales detailed on any advanced payment forms or invoices. Prices are subject to change at any time by giving you a minimum of one month prior notice.
- Database Ownership, License, and Use
BMI warrants, and you accept, that BMI is the owner of the copyright of the Databases of Links to articles and resources available from time to time through www.businessmoneyinsights.com. BMI and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.
BMI grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.
You agree to use information obtained from BMI?s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective, or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.
Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory, or hard copy publication of or from the databases, whether for internal or external distribution or use.
- Disclaimer/Limitation of Liability
The materials in this site are provided ?as is? and without warranties of any kind either express or implied. BMI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BMI does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BMI does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BMI) assume the entire cost of all necessary servicing, repair or correction. This Agreement does not affect your statutory rights.
Under no circumstances, including, but not limited to, negligence, shall BMI be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BMI or a BMI authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BMI?s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.
Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to BMI and such information should not be relied upon as all-inclusive or accurate.
You agree to indemnify BMI from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon your use of BMI?s software or services, including but not limited to any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever. BMI will notify you promptly of any claim for which BMI seeks indemnification at the currently supplied address. BMI will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to BMI?s interests, as reasonably determined by BMI and/or its lawyers.
- Links and Marks
The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of BMI and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by BMI or its subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles, or phrases at this website may constitute trade names, trademarks, or service marks of BMI or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.
- Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from BMI, and all information to which you have access through password-protected areas of BMI?s websites and will not cause or permit any such information to be communicated, copied, or otherwise divulged to any other person whatsoever.
- Notices and Consents
Any notice, request, or other communication to either party by the other under this Agreement shall be given by email, fax, or conventional mail and shall be confirmed by conventional mail.
- Other Legal Stuff
To the extent you have in any manner violated or threatened to violate BMI and/or its affiliates? intellectual property rights, BMI and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Jefferson County, Commonwealth of Pennsylvania. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Jefferson County, Commonwealth of Pennsylvania, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
- Entire Agreement
This Agreement constitutes the entire agreement between BMI and you with respect to your use of services, software and/or goods provided by BMI, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between BMI and you with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement. The address for communication to BMI by conventional mail unless you are otherwise notified shall be:
Business Money Insights
42 Brogan Street
Summerville, PA 15864-6408