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Warranty Disclaimer.
THIS SITE (INCLUDING ALL INFORMATION, CONTENT,
COMMUNICATIONS, FEATURES, PRODUCTS, SOFTWARE AND
SERVICES) MAY INCLUDE INACCURACIES, ERRORS AND
DEFECTS AND IS PROVIDED AS-IS AND AS-AVAILABLE
WITHOUT WARRANTY OF ANY KIND. ALL WARRANTIES,
INCLUDING MERCHANTABILITY, QUALITY, INTEGRATION,
ACCURACY, WORKMANLIKE EFFORT, AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE
DISCLAIMED. THE SITE IS NOT RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR DISRUPTION OF YOUR
COMMUNICATIONS, CONTENT OR TRANSACTIONS ENTERED INTO
WITH THE SITE. THE SITE IS NOT RESPONSIBLE FOR ANY
HARASSING, DEFAMATORY, ILLEGAL OR IMPROPER CONDUCT OR
CONTENT OF THIRD PARTIES, OR FOR ANY INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS BY THIRD PARTIES.
No Professional Relationship.
THIS SITE DOES NOT DISPENSE PROFESSIONAL SKILL,
ADVICE OR JUDGMENT OF A REGULATED OR PROFESSIONAL
NATURE, INCLUDING LEGAL, MEDICAL, ACCOUNTING,
FINANCIAL OR OTHER PROFESSIONAL CALLING. THE SITE
DOES NOT PROVIDE FINANCIAL SERVICES, REAL ESTATE
BROKERAGE SERVICES, SECURITY BROKERAGE SERVICES, HOME
LENDING OR MORTGAGE SERVICES. NOTHING IN THIS SERVICE
ESTABLISHES A PROFESSIONAL OR FIDUCIARY RELATIONSHIP
WITH YOU. ALL INFORMATION, CONTENT AND COMMUNICATIONS
SHOULD BE INDEPENDENTLY VERIFIED BY YOUR OWN
PROFESSIONAL ADVISERS.
Limitation of Liability.
YOU AGREE THIS SITE IS NOT LIABLE FOR ANY DIRECT
DAMAGES EXCEEDING THE AMOUNT, IF ANY, ACTUALLY PAID
TO IT BY YOU DURING THE SIX (6) MONTHS PRECEDING THE
EVENT GIVING RISE TO YOUR CLAIM. IN NO EVENT IS THE
SITE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY
INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST
PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR
BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF
SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL
CONDITION TO THIS AGREEMENT, IS COMMERCIALLY
REASONABLE AND HAS BEEN FACTORED INTO THE AGREEMENT
AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING
LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION IS
INDEPENDENT OF REMEDY LIMITS.
Indemnification.
You agree to defend, indemnify and hold harmless the
Site and its officers, directors, owners, agents,
employees, advisers and consultants, from and against
any claims, actions, demands, liability, damages
(including legal and professional fees) asserted by
any third party and arising from your use of the
Site, your conduct, content, communications, alleged
infringement of third party intellectual property or
privacy rights, or violation of this Agreement.
Limitation of Remedies.
You agree that if the Site breaches this Agreement,
your sole and exclusive remedy will be to terminate
this Agreement and your relationship with the Site.
This applies regardless of whether the remedy fails
of its essential purpose.
Protected Parties.
THE WARRANTY DISCLAIMERS, LIABILITY LIMITS,
INDEMNITIES AND RESERVATION OF RIGHTS CONTAINED IN
THIS AGREEMENT PROTECT THE SITE, ITS OFFICERS,
DIRECTORS, OWNERS, AGENTS, CONSULTANTS, ADVISERS,
EMPLOYEES, AFFILIATES, ADVERTISERS, DISTRIBUTORS,
RESELLERS, SUPPLIERS, PUBLISHERS AND PROMOTERS.
Force Majeure
The Site is not responsible for any delay or failure
in performance of the Site in whole or in part for
any reason including, without limitation: fires,
floods, storms, earthquakes, civil disturbances,
disruption of telecommunications, transportation,
utilities, services or supplies, governmental action,
computer viruses, corruption of data, hacker attack,
incompatible or defective equipment, software or
services or otherwise. Nothing herein enlarges any
warranty or diminishes any disclaimer under this
Agreement.
No Outside Contact
Because of the uncertainty and lack of uniformity of
laws in other jurisdictions (particularly as applied
to Internet sites), it is important to agree that our
Site operates solely in Riverside County, California
(our "Locality"). You are using the Internet as your
own agent to access and use our Site from the local
Internet point of presence (POP) here in our Locality
and you are using the Internet or public carrier as
your local agent to take delivery of any information,
products or services in our Locality. This means all
operations, services, deliveries, performance and
contacts of our Site occur solely in our Locality.
Our Site does not submit to personal jurisdiction
anywhere else and you irrevocably waive any claim to
the contrary.
Injunctive Relief
If you violate or exceed the scope of this Agreement
or infringe our proprietary rights, you agree we
would be irreparably harmed and may (in addition to
other relief and without having to post bond) obtain
a court order enjoining you from further
mischief.
Governing Law
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE SUBSTANTIVE LAWS OF CALIFORNIA
(USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES.
YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION
IN SUCH DESIGNATED STATE/LOCALE AND IRREVOCABLY
CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE
THEREIN. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR
OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO
CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You
agree that U.S. District Courts can hear cases
involving copyright issues between us. Since we make
no warranties and have limited our liabilities, you
should have little reason to have a grievance with
us. Should you nevertheless bring legal action
against us, you irrevocably agree it will be brought
and maintained on an individual basis (and not
consolidated with similar cases) within one (1) year
after the claim arises or be barred. As disincentive
for unwarranted litigation, you agree that if you sue
us and don't win on the merits, you will pay our
defense costs, including reasonable legal fees for
in-house and outside counsel. If we are required to
enforce this Agreement or our rights, you agree it is
reasonable to send you legal notices and papers by
electronic mail at your stated address (we would also
attempt to send you a backup copy by regular
mail).
Technology and Data Transfer
Technology Transfer.
The transport of technology, technical data and
information across national boundaries is regulated
by the U.S. and certain foreign governments. You
agree not to directly or indirectly export or
re-export any information, software or technology
obtained from or through the Site that requires an
export license or governmental approval without first
obtaining that license or approval. This provision
will survive termination of our Agreement.
European Union Residents.
If you reside in the European Union (EU) or if any
transfer of information between you and our Site is
governed by the European Union Data Protection
Directive or national laws implementing that
Directive, then you consent to the transfer of such
information outside of the European Union to your
country and to such other countries as may be
contemplated by the features and activities provided
by the Site.
US Government Restricted Rights
To the extent used by U.S. government personnel; this
is a computer data base that constitutes restricted
computer software and is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the
Government is subject to restrictions as set forth in
the Commercial Computer Software clause at DFARS
227.7202-3 or subparagraphs (c) (1) and (2) of the
Commercial Computer Software- Restricted Rights
clause at 48 CFR 52.227-19, as applicable. Contractor
is Marauder Corporation dba Bill Collector in a Box,
a corporation with offices located at 74-923 Hwy 111,
Indian Wells, CA 92210.
Relationship of Parties
There are no third party beneficiaries of this
Agreement. The parties are independent to one another
and are not related by franchise, partnership,
employment, joint venture or otherwise. This Site is
not a party to any transaction between you and any
third party advertisers or suppliers. You will look
solely to the third party for all claims regarding
their goods, services or information.
Right to Rely on Instructions
The Site may act in reliance upon any instruction,
information, document, filing, name, email address or
user password that meets the Site's automated
criteria or which is believed by the Site's personnel
to be genuine. For any password protected areas, the
Site may assume a person entering a user name address
and associated password is, in fact, that user or is
authorized by that user to act on its behalf. The
Site may assume the latest email addresses and
registration information on file with the Site are
accurate and current. When programmed to do so, the
Site may take prescribed actions in the absence of
receiving proper and complete contrary
instructions.
Changes to Site
We reserve the right to modify, change or discontinue
the Site or any feature at any time without notice.
You agree that the Site is not liable to you or to
any third party as a result of any such action. We
invite users to make suggestions for ways that the
Site can be improved. If you make a suggestion, you
authorize us to use the idea and to publish your name
in connection with the submission. We do not pay
compensation for using submissions.
Termination
Either party may terminate this Agreement in their
sole discretion, at any time with or without cause
and regardless of the stated registration period
otherwise applicable. We reserve the right to suspend
or terminate operation of this Site, or any feature
of this Site, at any time upon notice. Protections
afforded to us and to third parties by this Agreement
will survive termination. If this Agreement is
suspended or terminated as a result of unauthorized
use or infringement of rights to Content obtained
from the System, you agree that upon request, you
will destroy all copies of such Content in your
possession or under your control.
Notice to California Residents
Under California Civil Code Section 1789.3,
California residents are entitled to the following
specific consumer rights information.
Pricing Information:
Current rates for using the Site may be obtained by
calling 1-800-650-5118. The Site reserves the right
to change fees, surcharges or to institute new fees
at any time, as provided in this Agreement.
Complaints:
The Complaint Assistance Unit of the Division of
Consumer Service of the California Department of
Consumer Affairs may be contacted in writing at 1020
North Street, Suite 501, Sacramento, CA 95814, or by
telephone at (916) 445-1254.
Miscellaneous
This document reflects our entire and exclusive
agreement and supersedes all other agreements
regarding this subject matter, whether written or
verbal. We reserve the right to change this Agreement
at any time by posting a new version on the Site.
Your continued use of this Site after the effective
date of such amendment will constitute your
acceptance of it. Any other amendment to this
Agreement shall be in a pen-and-ink signed writing,
regardless of any course of conduct or trade practice
between us. This electronic document or a hardcopy
duplicate in good form shall be considered an
original document admissible into evidence unless the
document's authenticity is genuinely placed in
question. We reserve the right to assign this
Agreement or delegate responsibility to any third
party, including a party acquiring any of our
operating assets or ownership interests. All licenses
or permissions granted to you by this Agreement are
personal in nature and may not be assigned,
sublicensed or otherwise transferred and any attempt
to the contrary is void. Any provision of this
Agreement found by a court to be illegal or
unenforceable shall automatically be deemed conformed
to the minimum requirements of law and shall
thereupon be given full force and effect as so
modified. Waiver of a provision in one instance shall
not preclude our enforcement of it on future
occasions. Headings are for reference purposes only
and have no substantive effect.
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