TERMS OF AGREEMENT
SUMitUP provides an online budget program for subscribers to keep track of their finances in calendar or list form. Through the Site, users have the ability to view their Budget from any internet connection via personal computer or mobile device.
SUMitUP is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from your use of the SUMitUP Budget website, referred to as our Site or the Site. Reconciling financial accounts with the SUMitUP budget balances is the subscriber’s sole choice and responsibility.
USER AGREEMENT
1. INTRODUCTION.
This SUMitUP User Agreement (“Agreement”) is a legal document. It outlines your rights and obligations as a User of the SUMitUP online service, which is developed and operated by Silver Linings Group LLC (“SUMitUP”). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Subscribers and enrolled Subscribers, irrespective of whether they have purchased products or services or enrolled in any way to use products or services from SUMitUP.
SUMitUP reserves the right to revise this Agreement, the Privacy Policy, Security Overview, and any other document applicable to the Site or the Service, from time to time in its sole discretion without further notice. If we do so, we will post the revisions on the Site and indicate the date of the last revision. You should regularly check the Site for the most current version of these documents.
PLEASE READ THIS AGREEMENT CAREFULLY.
IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND PROCEDURES FOR RESOLVING DISPUTES.
2. DEFINITIONS. As used in this Agreement:
A. “User” means an individual or business that accesses or uses the Site.
B. “Subscriber” means a User who has paid to access or use services, features, and content available to Subscribers on the Site for a specific length of time.
C. “Subscription” means paid access to use the Services on the SUMitUP website for a specific length of time. You are “Subscribed” when you create a Subscription by providing a user name, password, and certain personal contact information as prompted on the Site.
D. “Subscriber Information” means the information, including user name and password, required of a Subscriber to complete the Subscription process.
E. “Service” means the services, features, and content available to Subscribers on the Site.
F. “Paid Service” means any aspect of the Service that requires payment of a fee.
G. “Free Service” means any aspect of the Service that is offered free of charge.
H. “Site Content” means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Content.
I. “User Content” means all text, graphics, video, audio, links, communications, and other information submitted, posted, or shared by Subscribers on the Site.
J. “Privacy Policy” or “our Privacy Policy” means the SUMitUP Statement of Privacy, as amended from time to time, as posted on the Site.
K. “Security Overview” means the overview of SUMitUP’s security measures, as amended from time to time, as posted on the Site.
3. ELIGIBILITY TO USE THE SITE.
To become a Subscriber you must be at least 18 years old, or have permission from your legal guardian who is a paid Subscriber. By using the Service or the Site, you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the Terms of Agreement.
4. SUBSCRIPTION REQUIREMENTS.
If you become a Subscriber, you agree to provide accurate, current, and complete Subscriber Information as prompted. You agree to promptly update the Subscriber Information, and any other information you provide to SUMitUP to keep it accurate, current, and complete. You also agree to keep your current e-mail address and other information on file with SUMitUP during the term of this agreement and for one year thereafter. If you provide any information, or SUMitUP reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, SUMitUP may terminate your subscription and refuse all access to or use of the Site. You agree that your right to use the Service is personal to you, and you may not resell, assign, or make any commercial use of the Service.
5. PRIVACY, PASSWORD, AND SECURITY.
Upon subscribing, you will select a user name 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 subscription. You must notify SUMitUP immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.
SUMitUP will not sell, exchange, or release your personal information or budget information to any third party without your permission, except as required by law or by court or governmental order; as permitted in the Privacy Policy; or as you have otherwise agreed. SUMitUP contractually requires its approved web partners to use this personal information only in accordance with their published privacy policies. SUMitUP will NOT provide to any approved web partner your financial information or your subscription information (such as user name and password), but only the information listed above. Additionally, SUMitUP may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Privacy Policy for more information on SUMitUP’s privacy practices.
6. SERVICE ACCESS AND SPEED.
Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond the control of SUMitUP. SUMitUP does not guaranty upload or download speeds or other performance beyond its control.
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. You may not have full access to the Service if the Internet connection for your Internet service provider is down or inaccessible, or if you provide incorrect information. If your Internet service provider terminates your service, your access to the Service may be limited or denied. SUMitUP is NOT responsible for any such limitation or denial, or for any long distance charges or fees you incur while you use the Site.
7. USE OF THE SITE.
You agree to use the Service and the Site in accordance with the terms of this Agreement and applicable law. You agree that you will not upload, submit, post, transmit, or share through the Service any material that is libelous or otherwise defamatory; is fraudulent; obscene, vulgar, inflammatory, or harassing; is racially, ethnically, or religiously charged; is disparaging of or reflects negatively on SUMitUP or any of its products or services or any Subscriber, or other User; or infringes the rights of any third party, including intellectual property rights. You may not use the Service to conduct any business or activity, or solicit the performance of any activity, that is prohibited by law or that encourages criminal activity. You may not up load, post, transmit, share, store or otherwise make available on the Site content which, in SUMitUP’s sole judgment, is objectionable; which restricts or inhibits any other person from using or enjoying the Site; or which may expose SUMitUP or its Subscribers to harm or liability.
Finally, you may not use the Service or the Site to harvest contact information of other Subscribers or to upload or transmit unauthorized or unsolicited advertising or promotions of any kind. SUMitUP reserves the right to remove from the Site, without notice, any content that does not conform to the standards set forth in this Agreement; and to cancel your subscription and terminate your right to use the Site in the event you have submitted any material or engaged in any activity that violates this Agreement.
8. SITE CONTENT AND USER CONTENT.
All Site Content is proprietary to SUMitUP, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site. Users are solely responsible for all information that is input by the User to their personal SUMitUP Budget. SUMitUP reserves the right to remove User Content from the Site at any time in its sole discretion.
9. THIRD PARTY SITES.
The Site may contain links to websites provided or operated by parties other than SUMitUP. When you visit any such websites, you do so at your own risk. SUMitUP undertakes no obligation to monitor such websites and is not responsible for any damage, loss of privacy, or offensive material you may encounter as you navigate away from the Site. You should consult the user agreements and privacy and security policies of any such websites you visit.
10. MONITORING THE SERVICE.
SUMitUP has no obligation to monitor the Service. However, SUMitUP may do so and disclose information regarding use of the Service for any reason, as long as SUMitUP adheres to the Privacy Policy and believes, in its sole discretion, that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; and protect SUMitUP or its Subscribers. SUMitUP may immediately remove your personal information from its servers, in whole or in part, if SUMitUP, in its sole discretion, determines that the information infringes another’s property rights.
Charges and Billing
Service must be pre-paid. Payment for Paid Service is due on the day subscription service begins and thereafter upon renewal of each annual billing cycle, and grants access to Subscribers to utilize the Service 24/7.
SUMitUP does not collect any personal financial data from our subscribers. SUMitUP does not request any information about subscribers’ personal bank information. All Subscription payment transactions are managed by PayPal.
Use of the Site does not require any personal bank information, account numbers, or credit card information. Users are solely responsible for all information that is input by the User to their personal SUMitUP Budget.
EXCEPT AS PROVIDED IN THIS AGREEMENT OR BY EXPRESS NOTIFICATION FROM SUMITUP TO THE CONTRARY, PAYMENT FOR PAID SERVICE—WHETHER USED OR UNUSED—IS NON-REFUNDABLE.
SUMitUP is not responsible for any charges or expenses (such as for overdrawn accounts or exceeding credit or debit card limits) resulting from charges billed by SUMitUP or by your use of the Site. Reconciling financial accounts with Budget balances is the subscriber’s sole responsibility.
Changes in Fees or Billing Methods
SUMitUP reserves the right to change its fees or billing methods at any time. SUMitUP will post changes on the Site at least 30 days before they take effect. SUMitUP has the right to collect applicable taxes.
11. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SUMITUP MAKES NO EXPRESS WARRANTIES, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING ANY MERCHANDISE, INFORMATION, OR SERVICE PROVIDED THROUGH SUMITUP OR THE INTERNET GENERALLY. NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY SUMITUP, ITS REPRESENTATIVES, OR USER WILL CREATE A WARRANTY. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SUMITUP DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SUMITUP, ITS EMPLOYEES, AND AGENTS 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. SUMITUP’S CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO USE OF THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE.
SUMITUP WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER SUBSCRIBERS 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, OMISSIONS, 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 SUMITUP OR ANY THIRD PARTY; THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION; OR THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE FOREGOING LIMITATIONS APPLY TO THE ACTS AND OMISSIONS (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE) OF SUMITUP AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST SUMITUP IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. SUMITUP WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU WITHOUT SUCH LIMITATIONS. ANY WARRANTY UNDER THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.
SUMITUP DOES NOT WARRANT THAT THE APPLICATION WILL PERFORM WITHOUT ERROR OR THAT IT WILL RUN WITHOUT IMMATERIAL INTERRUPTION. THE USER ACCEPTS THE SERVICE “AS IS,” WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
SUMitUP PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY, AND VENDOR WILL NOT BE LIABLE FOR ANY FAILURE OF ANY THIRD PARTY APPLICATION OR COMPONENT TO FUNCTION AS EXPECTED OR INTENDED.
12. JURISDICTION; LIMITATION OF ACTIONS.
THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW HAMPSHIRE EXCEPT AS NEW HAMPSHIRE LAW MAY BE PREEMPTED BY THE LAWS OF THE UNITED STATES. YOU CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF NEW HAMPSHIRE, OR THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF NEW HAMPSHIRE, AS THE SOLE FORUM TO RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SERVICE AGREEMENT OR THE USE OF THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL IN ANY LITIGATION ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE.
13. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless SUMitUP and its subsidiaries, employees, contractors, officers, directors, telecommunications providers, and content providers from all liabilities, claims, and expenses, including attorney fees, arising out of any breach by you of this Agreement or your use of the Service or the Internet. SUMitUP reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to your indemnification. In that event, you will have no further obligation to provide a defense for SUMitUP in that matter. In no event will you compromise, settle, or resolve any claim against SUMitUP without its prior written consent.
14. TRADEMARK AND COPYRIGHT LEGAL NOTICES.
SUMitUP and the SUMitUP logo are trademarks or registered trademarks of Silver Linings Group LLC and its subsidiary SUMitUP. By placing them on this website, Silver Linings Group LLC does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.
15. SEVERABILITY.
The provisions of this Agreement are severable. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of the remaining provisions and each provision will be enforced to the fullest extent allowed by applicable law.
16. NO THIRD-PARTY BENEFICIARIES.
This Agreement is made for the exclusive benefit of, and is binding upon, SUMitUP and the Subscriber, and their respective heirs, successors, and assigns. No other person or entity will have any interest under this Agreement or be classified as a third-party beneficiary.
17. ENTIRE AGREEMENT.
This Agreement (including the Privacy Policy) constitutes your entire agreement with SUMitUP and governs your use of the Service. It supersedes all previous or contemporaneous representations or agreements, written or oral, regarding your use of the Site or the Service. You may be required to accept other agreements, which supplement this Agreement, in order to purchase or use certain features or products offered on this Site. AS LONG AS YOU ACCESS, USE, OR SUBSCRIBE TO THE SERVICE ON THIS SITE YOU WILL AUTOMATICALLY BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, WHICH SUPERSEDE ANY PREVIOUS END USER SERVICE AGREEMENT OR SIMILAR AGREEMENT WITH SUMITUP OR ITS PREDECESSORS IN INTEREST.
SUMitUP reserves the right to change these “Terms of Agreement”, the “Privacy Policy”, or any other portion of the Site at any time.
