Deductr/Business Owners Advantage, Inc (“Deductr,” “we,” “us,” “our”) provides Services to you, the user or subscriber (“you”, “your,” “yours”), subject to these Terms of Service, which may be modified from time to time in our sole discretion, with or without notice to you. By clicking “I AGREE” and/or accessing the Services, you indicate that you understand and agree to these Terms of Service. Your use of the Services, now or in the future, also indicates acceptance of the then-current Terms of Service. These Terms of Service incorporate by reference applicable program, subscription, activation, ordering, and pricing terms provided to you online or offline for the Services selected by you, and documentation and posted guidelines for the Deductr services you select, all of which comprise a binding legal agreement and govern your use of this website and the online services to which you are granted access hereunder. You agree to abide by all of the Terms of Service, as the same may be revised from time to time. Deductr may offer other services from time to time that may be governed by additional or different terms.
The "Services" mean and include (i) access to this website, and (ii) the Deductr services you select through this website, including but not limited to programs, components, internet-based services, content, technology, tools, and help content, as any of the foregoing may be modified, revised, updated, enhanced, or supplemented by Deductr from time to time.
The Services are provided to you on a subscription basis. Deductr may decline to grant you a subscription for any reason, and no binding agreement between the parties exists until (i) we receive and process complete and accurate information from you as requested in the registration process, (ii) we receive applicable subscription fees, and (iii) we send you an email verification confirming your subscription. You may cancel your subscription at any time. However, due to the fact that your paid subscription gives you access to valuable information and tools, you are not entitled to a refund of any fees paid prior to cancellation.
Subject to these Terms of Service and your timely payment of any applicable fees, Deductr grants you a personal, limited, nonexclusive, nontransferable license, so long as your subscription to the Services remains in force, to access and use the Services on a single computer at a time. You agree to refrain from (i) accessing or attempting to access any underlying software except for use of the Services as contemplated by these Terms of Service; (ii) accessing the Services by any means other than through the interface that is provided by Deductr; (iii) licensing, sublicensing, copying, reselling, or commercially exploiting the Services or underlying software to any third party; (iv) modifying or creating derivative works based on the Services or any part thereof; (v) decompiling, disassembling, or reverse engineering the Services or any underlying software. Your subscription is not transferrable.
Deductr reserves all rights not expressly granted to you in these Terms of Service. The Services are protected by copyright, trade secret, and other intellectual property laws. Deductr and its licensors retain ownership of the Services and all underlying software and all intellectual property rights therein. Deductr does not grant you a license or other authorization to any of its trademarks or service marks.
As a condition of using the Services, you agree to: (i) provide accurate, current, and complete information about yourself as prompted by the Services’ registration form, and (b) maintain and promptly update the registration data to keep it accurate, current, and complete.
You will receive a password and account designation upon completing the Services' registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account whether within Deductr or within any other password-protected service. You agree to ensure that you exit from your account at the end of each session and to immediately notify Deductr of any unauthorized use of your password or account. DEDUCTR CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOU OR ANY OTHER PARTY ARISING FROM OR RELATED TO YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH.
Your access to the Services will begin after Deductr receives and processes all of the information, including credit card or bank account information, requested in the registration process. You must have a valid credit card or a valid debit card acceptable to Deductr to obtain access to the Services. The payment information you provide must be accurate, current, and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your credit card or bank account will be charged, and it will automatically be charged thereafter at the beginning of each applicable monthly or annual subscription term at the then-current subscription rate.
In order to use the Services, you must obtain Internet access and pay any service fees associated with such access. You must also provide any equipment necessary to make the connection to the Internet.
You agree to not use the Services to do any of the following:
You are responsible for all content uploaded to the Services and for any necessary data backups.
You acknowledge and agree that Deductr may record, store and/or disclose any and all materials that are received, downloaded, uploaded, posted, or transmitted by you while using the Services, including any necessary and applicable user references, for the following purposes: (a) compliance with applicable laws; (b) compliance with legal process; (c) enforcement of these Terms of Service; (d) response to claims (including potential claims) that any such materials or the transmission thereof violates the rights of third parties; or (e) protection of the rights, property, or personal safety of Deductr, its users, and the public.
You hereby grant Deductr permission to use information about your business and usage experience to enable Deductr to provide services to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Deductr may provide to you in the future. You also grant Deductr permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personality to improve services. We may use your data to create, market, or promote new Deductr offerings to you and others.
Deductr may wish to send you (or may be required by law to send you) notices, records, agreements, or other types of information ("Communications") in connection with the Services. You agree that Deductr may send Communications to you by email and/or may make Communications available to you by posting them on the website. You consent to receive all Communications electronically to the email address specified in your then-current registration data. If you decide that you do not want to receive future Communications electronically, you may contact us at firstname.lastname@example.org. However, if you withdraw your consent to receive Communications electronically, we may terminate your use of the Services.
Your rights under these Terms of Service may be suspended or terminated by Deductr immediately and without notice if you (including any user accessing the Services with your authorization or using your password(s)) fail to comply with any of these Terms of Service or Deductr has reason to suspect that you are not in compliance with any of these Terms of Service, in which case Deductr shall have no liability or responsibility to you arising out of such termination, including but not limited to any refund of subscription fees. Deductr may terminate your subscription to the Services for any other reason upon (thirty) 30 days’ prior notice to you, in which case Deductr will refund to you a pro rata portion of any subscription fees paid by you representing the portion of your monthly or annual subscription, as applicable, that you will not receive.
Deductr is not responsible for interruptions in the Services due to causes beyond its reasonable control, including, by way of example, telecommunications failures, internet and electronic communications failures, labor interruptions, and loss, corruption, security, or theft of data.
You agree to indemnify and hold Deductr, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) materials that you submit, post, or transmit through the Services, (b) your use of the Services, (c) your connection to the Services, (d) any violation of these Terms of Service, or (d) your violation of any rights of another.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DEDUCTR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
DEDUCTR MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE UNDERLYING SOFTWARE WILL BE CORRECTED.
DEDUCTR IS NOT ENGAGED IN RENDERING LEGAL, FINANCIAL, ACCOUNTING, OR OTHER PROFESSIONAL SERVICES AND YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON DEDUCTR FOR SUCH SERVICES. IF SUCH ASSISTANCE IS REQUIRED, THE SERVICE OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. DEDUCTR EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT YOUR USE OF THE SERVICES WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN COMPLIANCE WITH APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEDUCTR OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
IF EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU BECAUSE THEY ARE DISALLOWED BY LAW IN YOUR JURISDICTION, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 60 DAYS FROM THE DATE OF YOUR FIRST USE OF THE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEDUCTR SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, AND INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF DEDUCTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO ANY OF THE FOLLOWING:
These Terms of Service, together with any supplements, policies, guidelines, or rules promulgated by Deductr or provided to you by Deductr, constitute the entire agreement between you and Deductr and govern your use of the Services. They supersede any and all prior oral agreements or other communications between you and Deductr pertaining to any of the matters covered by these Terms of Service. They do not supersede non-conflicting supplements, policies, guidelines, or rules that are in effect as of the date hereof. These Terms of Service and the relationship between you and Deductr shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Deductr agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Utah, in the state of Utah. The failure of Deductr to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related in any way to the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Deductr may change these Terms of Service from time to time, effective upon posting of modified Terms of Service on the website. Deductr may change, delete, discontinue, or impose conditions on any features or aspect of the Services, including but not limited to pricing, technical support options, and other product-related policies upon reasonable notice.
Date Last Revised: May 1, 2011
At Deductr, our most important asset is our relationship with you. Deductr is committed to maintaining the confidentiality, integrity and security of any personal information about our users. We are proud of our privacy practices and the strength of our site security and want you to know how we protect your information and use it to provide to you the service on Deductr.com (the "Service"). Deductr stresses its privacy and security standards to guard against identity theft and provide security for your account information and other data. We regularly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges.
Simply put, we do not and will not sell or rent your personal information to anyone, for any reason, at any time.
Certain areas and features of Deductr.com are available to you without registration or the need to provide to us any information. However, in order to benefit from the full functionality of the Service, you need to register as a member and in so doing, to provide a user-defined Login ID, password, email address (collectively the “Login Information”), and billing information. Credit card numbers are not stored in the Deductr database. They are stored under the security of Authorize.net.
Access to your Login Information is strictly restricted to Deductr employees and contractors, as needed, in order to operate, develop or improve the Service. These individuals have been subject to prior background checks and are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Deductr requires an email address from you in the following circumstances:
Deductr does not sell or rent your Registration Information at any time.
Deductr uses your Registration Information only as follows:
Deductr does not sell, rent or disclose your personal Account Information. Deductr discloses your Account Information only to you and to third-party contractors who help Deductr provide the Service to you.
Deductr may anonymize or aggregate financial transaction data derived from Account Information and disclose such data only in a non-personally identifiable manner to:
When you visit Deductr.com, we may collect technical and navigational information, such as computer browser type, Internet protocol address, pages visited, and average time spent on our Website. This information may be used, for example, to alert you to software compatibility issues, or it may be analyzed to improve our Web design and functionality.
Deductr may present links in a format that enables us to keep track of whether these links have been followed and whether any action has been taken on a third party Website. We use this information to improve the quality of the Deductr Offers and customized content on the Service.
If you use a bulletin board, blog, or chat room on this Website, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these forums.
From time to time, Deductr may offer you the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy and Security Policy. From time to time, Deductr may also ask you to participate in surveys designed to help Deductr improve the Website. Any Personally–Identifying Information provided to Deductr in connection with any survey will be used only in relation to that survey.
Deductr may aggregate survey data and disclose such data only in aggregate and in a non-personally identifiable manner to:
Notwithstanding the foregoing, Deductr reserves the right (and you authorize Deductr) to share or disclose your Registration Information and Account information when Deductr determines, in its sole discretion, that the disclosure of such information is necessary to identify, contact, or bring legal action against you if:
Registration Information and Account Information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other transfer (a “Transfer”) involving Deductr. Deductr specifically reserves the right to transfer Registration and Account Information to a third party in connection with a Transfer. Should such a Transfer occur, we will use our best efforts to require that the new combined entity follow this privacy and security policy with respect to your personal information, as and to the extent required by applicable law and require that you receive prior notice if your personal information could be used contrary to this policy.
Your data is yours. You can remove it anytime you want. When you request us to delete your account for the Service, your data will be permanently expunged from our primary production servers and further access to your account will not be possible. We will also promptly disconnect any connection we had established to your Account Information. However, portions of your data, consisting of aggregate data derived from your Account Information, may remain on our production servers indefinitely. Your data may also remain on a backup server or media. Deductr keeps these backups to ensure our continued ability to provide the Service to you in the event of malfunction or damage to our primary production servers.
“Cookies” are alphanumeric identifiers in the form of text files that are inserted and stored by your Web browser on your computer’s hard drive. Deductr may set and access cookies on your computer to track and store preferential information about you. Deductr may gather anonymous information about you through cookie technology on an aggregate level only. For example, Deductr may assign a cookie to you, to limit the amount of times you see a particular Deductr Offer or to help better determine which Deductr Offers to serve to you. Please note that most Internet browsers will allow you to stop cookies from being stored on your computer and to delete cookies stored on your computer. If you choose to eliminate cookies, the full functionality of the Service may be impaired for you.
Deductr.com sends only verified, double-opt-in e-mail newsletters, specifically requested by Deductr subscribers. Subscriptions to Deductr.com newsletters are verified by sending an e-mail confirmation to your e-mail address, which requires a positive response before an e-mail address is added to Deductr’s list.
Because we provide you the option of receiving our promotional newsletters, Deductr.com subscribers have the ability to opt-out of receiving these newsletters by emailing us at email@example.com. We also will send users service-related emails which they do not have the ability to opt-out of.
Simply put, your data is yours and only you (through your Registration Information) have access to your data on the Service.
We use a combination of firewall barriers and authentication procedures to maintain the security of your online session and to protect Deductr accounts and systems from unauthorized access.
Authentication is the process you go through on Deductr to access secure areas of our Website. This process takes place when you log into your account, the two key components of which are your Login ID and Password.
If you have a security related concern, please contact us at firstname.lastname@example.org. We will work closely with you to ensure a rapid and personal response to your concerns.
If we decide to change our privacy and security policy, we will update the date upon which this policy, including those changes became effective from at the top of this policy and post those changes to this policy, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.
We reserve the right to modify this policy at any time, so please review it frequently.
If you are a former customer, we treat your information in the same manner that we treat information about our current customers.
If you have questions, comments, concerns or feedback regarding this Privacy and Security Policy, send an e-mail to email@example.com.
Date last revised: May 16, 2012
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