General Terms and Conditions
The information on this Web site, including without limitation the look and feel of the site and all design, text, images, trademarks, tradenames, logos, white papers, press releases and other information, and all software products advertised, presented or discussed therein, is protected under United States and other copyright laws and is owned by BillWise, Inc. or used under license from the owner of the respective intellectual property rights. In addition, all right, title and interest in all servers and server-based technology related to the site, including, without limitation, protocols, parameters, designs, specifications, user identification algorithms, and technology underlying such algorithms are owned by BillWise. The foregoing may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without BillWise’s prior written consent, except to the extent that such use is expressly authorized under the United States copyright laws. BillWise’s trademarks, trade names, logos, images and service marks used on this site are the property of BillWise and may not be used without prior written permission from BillWise and then only with proper acknowledgment.
BillWise discourages you from sending or posting to the BillWise Web site any information that you consider to be confidential or proprietary. Please note that if you do send or post any such information or material, BillWise will assume that it is not confidential. By sending or posting any information or material, you grant BillWise a worldwide, royalty free, unrestricted, fully transferable, perpetual and irrevocable license to use, reproduce, display, perform, modify, transmit, create derivative works (as that term is defined by United States copyright laws) from, and distribute those materials or information (including any derivative works) in any form or medium anywhere, and you agree that BillWise is free to use any ideas, concepts, know-how or techniques that you send or post for any purpose. In addition, by transmitting, uploading, posting or submitting any information to or through the site you warrant that no other party has rights to the information and that your transmission, posting, uploading or submission of such information to or through the site does not violate any copyright or other laws.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
While BillWise attempts to make sure that only accurate and up-to-date information is presented on this Web site, BillWise assumes no responsibility for, and makes no representations with respect to, the accuracy of any information presented here. Therefore, the site and all materials and information contained therein are presented on an “AS IS” and “AS AVAILABLE” basis.
YOU EXPRESSLY AGREE THAT ENTERING OR USING THE SITE IS AT YOUR OWN RISK. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM – EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE – INCLUDING BUT NOT LIMITED TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR USE OF THE SITE, IS GIVEN OR ASSUMED BY BILLWISE; ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXPRESSLY EXCLUDED. BILLWISE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
BILLWISE DOES NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE ON OR THROUGH THE SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES. IT IS THE SOLE RESPONSIBILITY OF YOU TO ISOLATE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE, AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR INFORMATION, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
IN NO EVENT SHALL BILLWISE BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION PRESENTED IN THE SITE, LOSS OF PROGRAMS OR INFORMATION, LOSS OR INTERRUPTION OF BUSINESS, OR LOSS OF PROFITS OR REVENUES), OR ANY OTHER DAMAGES ARISING – IN ANY WAY, SHAPE OR FORM – OUT OF THE AVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SITE, EVEN IF BILLWISE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN NO EVENT SHALL BILLWISE BE LIABLE TO ANYONE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS WITH RESPECT TO THE SITE OR THE INFORMATION OR THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF, FOR ANY DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR FOR THE RESULTS OBTAINED FROM THE USE OF INFORMATION AVAILABLE ON OR THROUGH THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE.
The internal laws of the State of California, without reference to any choice of law provisions, shall govern any claims, actions, disputes, or demands relating to the Web site or to the materials on it. You agree to personal jurisdiction by and venue in the state and federal courts in Orange County, California.
The site and the information and other content contained therein is further subject to United States export controls. No such information or content may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing the site or by downloading or using such information and/or content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
BillWise reserves the right in its sole discretion to (i) make improvements, corrections, adaptations, conversions and/or any other change in the site, or any part thereof, or (ii) change, limit, terminate, remove or cease to provide at any time, temporarily or permanently, the site or any part thereof, without notice to any third party, for any reason or no reason.