billMyself Terms of Service

These Terms of Service ("Terms") govern your access to and use of billMyself's website, products, and services ("Products"). Please read these Terms carefully, and contact us if you have any questions. By accessing or using our Products, you agree to be bound by these Terms and by our Privacy Policy.

I. USING BILLMYSELF

A. Who can use billMyself

You may use our Products only if you can form a binding contract with billMyself, and only in compliance with these Terms and all applicable laws. When you create your billMyself account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.

B. Our license to you

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.

C. Commercial use of billMyself

If you want to use our Products for commercial purposes, you must contact us prior to usage at sales@billmyself.com.

II. YOUR CONTENT

A. Posting content

billMyself may allow you to post content, including photos, comments, links, and other materials. Anything that you post or otherwise make available on our Products is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to billMyself.

B. How billMyself can use your content

You grant billMyself and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on billMyself solely for the purposes of operating, developing, providing, and using the billMyself Products. Nothing in these Terms shall restrict other legal rights billMyself may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms or our policies.

C. How long we keep your content

Following termination or deactivation of your account, or if you remove any User Content from billMyself, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, billMyself and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared through billMyself.

D. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make billMyself more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, billMyself does not waive any rights to use similar or related Feedback previously known to billMyself, or developed by its employees, or obtained from sources other than you.

III. SECURITY

We care about the security of our users. While we work to protect the security of your content and account, billMyself cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.

IV. THIRD-PARTY LINKS, SITES, AND SERVICES

Our Products may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by billMyself. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from billMyself, you do so at your own risk and you agree that billMyself will have no liability arising from your use of or access to any third-party website, service, or content.

V. COPYRIGHT

billMyself respects copyright law in accordance with the Digital Millennium Copyright Act. It is billMyself's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. billMyself will respond in a reasonably expeditious manner to claims of copyright infringement committed using the billMyself's website that are reported to billMyself's Designated Copyright Agent at info@billmyself.com.

When responding to the Designated Copyright Agent, the copyrighted work that is claimed to be infringed must be clearly identified and identification must be reasonably sufficient to permit the location of the infringing material to be ascertained. In additon, a mailing address, telephone number, and email address must be provided. Finally, the following must be included in the infringement claim:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

In addition, the full legal name and elctronic or physical signature must be included.

If you receive a notification that content has been removed due a copyright complaint, it means that the content has been deleted from billMyself at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, just email us at info@billymself.com to let us know. We'll be happy to send it along (though we may remove personal contact information where appropriate). If your account receives too many copyright complaints, you may lose the ability to add new content on billMyself, and your account may be disabled completely.

If you believe content was removed in error, you have the option to file a counter-notice by emailing info@billyself.com and including your name, address, and phone number, DMCA ID, location of the content, statement under penalty of perjury that you have a good faith belief the content was removed in error, and a physical or electronic signature. When we receive a valid counter-notice, we will remove the complaint from your account's record.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a notice or counter-notice, be sure that you are the actual rights holder of the content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

VI. TERMINATION

billMyself may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections II and VI-XII of these Terms.

VII. INDEMNITY

If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless billMyself and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) your User Content, or (c) your breach of any of these Terms.

VIII. DISCLAIMERS

The Products and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied.

BILLMYSELF SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

billMyself takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Products. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Plans, pricing, features, and how billMyself works are subject to change at any time at billMyself's discretion.

IX. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BILLMYSELF SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL BILLMYSELF'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE PRODUCTS EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

X. ARBITRATION

For any dispute you have with billMyself, you agree to first contact us and attempt to resolve the dispute with us informally. If billMyself has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and billMyself agree otherwise, the arbitration will be conducted in the county where billMyself resides. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BILLMYSELF ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

XI. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court in New Jersey, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

XII. GENERAL TERMS

Notification Procedures and changes to these Terms.

billMyself reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by billMyself without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Entire Agreement/Severability

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with billMyself, in connection with the Products, shall constitute the entire agreement between you and billMyself concerning the Products. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and billMyself's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.