BudgetSnap Terms of Service

1. INTRODUCTION
This Service Agreement ("Service Agreement") is a legal document that details your rights and obligations as a BudgetSnap User. A BudgetSnap User is one who has enrolled in the BudgetSnap.com service, which includes creating an account for online service (collectively called the "Service"), and is referred to herein as "User" or collectively "Users" in this Service Agreement. For the purpose of this Service Agreement, an account for Service shall have been created when a User provides account setup information. You cannot become a User or create a Service account until you have accepted this terms of the Service Agreement. The Service Agreement provides very important information about your Service, so you should take the time to read and understand it. If you have questions about the Service Agreement, or about your rights and responsibilities as a User, please contact us at (917) 374-5717. You should take the time to review the BudgetSnap Privacy Policy and the BudgetSnap Security Policy. These policies may have to be updated or revised to protect both Users and BudgetSnap. Since these policies may change, you should regularly check for the most current version.

For the same reasons, it may be necessary for BudgetSnap to update or revise certain provisions of the Service Agreement. By using the Service and/or accepting the Service Agreement you agree that BudgetSnap may change the terms of this Service Agreement any time, and you agree to be bound by any such changes. If you don't agree to the changes proposed by BudgetSnap, or to any of the terms in this Service Agreement, your only remedy is to cancel your Service. By continuing to use or subscribe to the Service following such changes, you agree to be bound by these changes to the Service Agreement. The use by you of any content or services accessible through the Service may be subject to your acceptance of separate agreements with BudgetSnap or third parties.

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Service's Enrollment. If you provide any information that is untrue, inaccurate, not current or incomplete, or BudgetSnap has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BudgetSnap has the right to suspend or terminate your account and refuse any and all current or future use of and/or subscription to the Service.

2. THE BASICS OF BUDGETSNAP SERVICE
This Agreement is your entire agreement with BudgetSnap and governs your use of the Service. To access the Service you must accept the terms of this Agreement and comply with the terms contained herein. To take advantage of the Service, you must be at least 18 years old. If you are not yet 18 years old, you may still use the Service, but only if the account was created and registered by your legal guardian.

3. SERVICE ACCESS AND SPEED
Service speed can vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic and other factors beyond the control of BudgetSnap. BudgetSnap provides the Service on a "best effort" standard and does not guarantee upload or download speeds.

You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.

BudgetSnap is not responsible for any fees, long-distance, toll or other charges you incur while you are Enrolled in the Service.

4. ACCOUNT REQUIREMENTS

You agree to provide the accurate and complete personal information required to activate the Service. You agree to provide the accurate and complete account information required to utilize the Service. You agree to keep your personal information and account information up-to-date and accurate. You agree not to use the Service to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

5. YOUR SERVICE, PRIVACY, PASSWORD AND SECURITY
Upon Enrollment, you will select a username and password. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Service through your account. You must notify BudgetSnap immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.

BudgetSnap will not sell, exchange, or release your personal information or account information to any third party without your express permission, unless required by law or court or governmental order. However, BudgetSnap may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the BudgetSnap Privacy Statement for more information on BudgetSnap's privacy practices.

6. MONITORING THE SERVICE
BudgetSnap has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if BudgetSnap adheres to its outlined privacy statement and in its sole discretion believes that it is reasonable to do so, including to: satisfy laws, regulations or governmental or legal requests; operate the Service properly; or protect itself and its Users. Please see the BudgetSnap privacy statement. BudgetSnap may immediately remove your information from BudgetSnap's servers, in whole or in part, which BudgetSnap, in its sole and absolute discretion, determines to infringe another's property rights.

7. CHARGES, BILLING AND THE FREE TRIAL
There is a monthly fee to access BudgetSnap.com (see current fee schedule) and after your free trial period ends you must provide billing information to access your account. The Service is a pre-paid service. If you allow your membership to expire you will be prompted to make a payment each time you login and access to your data will be limited to exporting a backup copy of your data. Unless you specifically request that we delete your data we will not delete or modify your data if your membership expires; however, any account that is inactive for a period of six (6) months is subject to deletion. We will send you a final e-mail warning prior 30 days prior to account deletion. If no response is received within 30 days notification of impending account deletion your account will be subject to deletion. It may not be possible to recover your data if deleted and if there is a backup and you need it recovered you will have to pay a recovery fee of not less than $100.

8. TERMINATION AND CANCELLATION
Either you or BudgetSnap may terminate or cancel your account at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with BudgetSnap. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Service Agreement or BudgetSnap's enforcement or application of this Service Agreement; (2) any policy or practice of BudgetSnap, including the BudgetSnap Privacy Policy and the BudgetSnap Security Policy, or BudgetSnap's enforcement or application of these policies; (3) your ability to access and/or use the Service; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. The terms and provisions of Sections 9 through 11 below shall remain in force and continue to be binding on you should your account be terminated or cancelled for any reason.

You can cancel your account by speaking to a customer service representative in BudgetSnap's Customer Service Department at (917) 374-7065 or you may cancel your account anytime online.

Not using the Service does not in any way make you eligible for a refund or credit of outstanding Service fees or related charges.

BudgetSnap's Customer Service Department is open for calls Mon-Fri from 8 A.M. to 5 P.M. EST.

9. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUDGETSNAP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BUDGETSNAP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH BUDGETSNAP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY BUDGETSNAP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. BUDGETSNAP, BUDGETSNAP EMPLOYEES, BudgetSnap AGENTS AND YOUR FINANCIAL INSTITUTION ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, BUDGETSNAP'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.

BUDGETSNAP SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE SERVICE; THE USE OF THE SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, CONFIDENTIALITY, PRIVACY OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF BUDGETSNAP, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST BUDGETSNAP IN CONTRACT, TORT OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. BUDGETSNAP WOULD NOT BE ABLE TO HAVE PROVIDED THIS SERVICE TO YOU WITHOUT SUCH LIMITATIONS.

10. JURISDICTION This Agreement is governed by New York State law without regard to conflict of law provisions. The federal and state courts located in New York City, New York alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. You consent to the personal jurisdiction of such courts sitting in New York City, New York with respect to such matters or otherwise between you and BudgetSnap, and waive your rights to removal or consent to removal.

11. INDEMNIFICATION Upon a request by BudgetSnap, you agree to defend, indemnify and hold harmless BudgetSnap and its affiliated subsidiaries, employees, contractors, officers, directors, telecommunications providers and content providers from all liabilities, claims and expenses, including attorneys fees, that arise from a breach of this Service Agreement for which you are responsible or from the use of the Service or the Internet. BudgetSnap reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by a User. In that event, the User shall have no further obligation to provide indemnification for BudgetSnap in that matter

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Service Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Trademark and Copyright Legal Notices BudgetSnap and the BudgetSnap logo are registered trademarks BudgetSnap Corporation ("BudgetSnap").

BudgetSnap does not grant any license or other authorization to any user of its trademarks, registered trademarks, or other copyrightable material or other intellectual property, by placing them on this Web site.