Terms of Service/Use

 

1. INTRODUCTION.

This Livingcheck2checkbudgets User Agreement (“Agreement”) is a legal document. It outlines your rights and obligations as a User of the Livingcheck2checkbudgets online service, which is developed and operated by BK Technology Corporation (“BK Technology”). 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 Users and enrolled Subscribers, irrespective of whether they have purchased products or services or enrolled in any way to use products from BK Technology. Other agreements, which supplement this Agreement, may apply to your purchase or use of certain features or products offered by this service.

BK Technology 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 A PROCEDURE FOR RESOLVING DISPUTES.

2. DEFINITIONS.

As used in this Agreement:

        i.            “User” means an individual or business that accesses or uses the Site.

      ii.            “Member” means a User who has registered to access or use certain services, features, and content available to Members on the Site.

    iii.            “Registration” means the process of registering to access or use the Service. You are “Registered” when you create a Member account by providing a user name, password, and certain personal contact information as prompted on the Site.

    iv.            “Registration Information” means the information, including user name and password, required of a Member to complete the Registration process.

      v.            “Service” means the services, features, and content available to Members on the Site.

 

    vi.            “Account Service” means any aspect of the Service that allows a Member to access and use information from one or more of the Member’s financial accounts. Account Service includes Livingcheck2checkbudgets® and certain other Internet-based applications, requiring the payment of a fee or otherwise.

  vii.            “Paid Service” means any aspect of the Service that requires payment of a fee.

viii.            “Free Service” means any aspect of the Service that is offered free of charge.

    ix.            “Subscriber” means a Member who Enrolls for, accesses, or uses a Free or Paid Service.

      x.            “Enrollment” means the process of signing up for any Account Service. You are “Enrolled,” and “Enrollment” has occurred, when you create an account for an Account Service (in addition to your Member account) and provide the necessary Enrollment Information.

    xi.            “Enrollment Information” means the information, including financial institution account information, required of a Member to complete the Enrollment process. In the case of any Paid Service, Enrollment Information includes billing information such as checking account or credit card information for the purpose of paying fees.

  xii.             “Site Content” means all text, graphics, video, audio, links, communications, and other information contained on the Site, other than User Content.

xiii.            “User Content” means all text, graphics, video, audio, links, communications, and other information submitted, posted, or shared by Users on the Site.

xiv.            “Privacy Policy” means the BK Technology Statement of Privacy Policy, as amended from time to time, as posted on the Site.

  xv.            “Security Overview” means the overview of BK Technology’s security measures, as amended from time to time, as posted on the Site.

 

3. ELIGIBILITY TO USE THE SITE.
To become a Member you must be at least 18 years old, or have permission from your legal guardian who is a Registered Member. 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 this Agreement.

4. ACCOUNT REQUIREMENTS.

If you Register as a Member or Enroll in any aspect of the Service, you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information) as prompted by the Service’s Registration and Enrollment processes. You agree to promptly update the Registration Information, Enrollment Information, and any other information you provide to BK Technology to keep it accurate, current, and complete. You ALSO agree to keep your current e-mail address and other CURRENT REGISTRATION information OR ENROLLMENT INFORMATION on file with BK Technology during the term of this agreement and for one year thereafter. If you provide any information, or BK Technology reasonably suspects you have provided any information, that is untrue, inaccurate, not current, or incomplete, BK Technology may terminate your account and refuse all access to or use of the Service and 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 Enrollment, 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 account. You must notify BK Technology immediately upon discovering any unauthorized use of your Service or if you believe your password has been compromised.

BK Technology will not sell, exchange, or release your personal information or account 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. Additionally, BK Technology may share or publicly disclose compiled, aggregated data containing no personally identifiable information. See the Privacy Policy for more information on BK Technology’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 BK Technology’s control. BK Technology 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. BK Technology is NOT responsible for any such limitation or denial, or for any long-distance, toll, or other charges or fees you incur while you use the Service or 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 BK Technology or any of its products or services or any Member, 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 upload, post, transmit, share, store or otherwise make available on the Site content which, in BK Technology’s sole judgment, is objectionable; which restricts or inhibits any other person from using or enjoying the Site; or which may expose BK Technology or its Users to harm or liability. Finally, you may not use the Service or the Site to harvest contact information of other Users or to upload or transmit unauthorized or unsolicited advertising or promotions of any kind. BK Technology 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 Member account 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 BK Technology, and may not be copied, downloaded, or used, except in conformity with this Agreement and the purposes of the Site. User Content is not confidential, and BK Technology reserves the right to publish it in any medium without further authorization from or compensation to the User who submitted the User Content. BK Technology also 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 BK Technology. When you visit any such websites, you do so at your own risk. BK Technology 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.
BK Technology has no obligation to monitor the Service. However, BK Technology may do so and disclose information regarding use of the Service for any reason, as long as BK Technology 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 BK Technology or its Users. BK Technology may immediately remove your personal information from its servers, in whole or in part, if BK Technology, in its sole discretion, determines that the information infringes another’s property rights.

 

11. ACCOUNT AGGREGATION AND PAID SERVICES.

The provisions of this Section 11 govern your use of any Account Service, Paid Service or Free Service:

Free Trials or Free Service

BK Technology may elect to offer Subscribers of a Paid Service a free trial during which fees are abated. BK Technology may also elect to offer Subscribers access to Free Service. We reserve the right not to offer a free trial or to limit you to one free trial. If you Enroll in the Service as part of a free trial, your free trial time must be used within the free trial period. To avoid being charged the full amount of the Service plan in which you are enrolled, you must cancel the Service before the end of the free trial period. If you have enrolled in a free service, your continued access to the free service is subject at all times to the terms of this user agreement.

 Charges and Billing.

Any Paid Service must be pre-paid. Payment for Paid Service is due on the day of Enrollment or the first day after the expiration of any free trial period, whichever occurs later; and thereafter on the first day after the end of each billing cycle. Billing cycles vary depending on the type of payment plan a Subscriber selects. Payment for Paid Service grants access to Subscribers to utilize the Service 24/7.  EXCEPT AS PROVIDED IN THIS AGREEMENT OR BY EXPRESS NOTIFICATION FROM BK TECHNOLOGY TO THE CONTRARY, PAYMENT FOR PAID SERVICE—WHETHER USED OR UNUSED—IS NON-REFUNDABLE.

Most Subscribers pay by credit card. If you don’t have a credit card, you may authorize BK Technology to make electronic fund transfers from your checking account. By selecting this billing option and providing BK Technology with your checking account information, you authorize BK Technology to debit your checking account for Paid Service fees and other applicable charges. If your financial institution declines your payment, you agree to pay BK Technology a $25.00 NSF or closed account fee for every such occurrence—in addition to any fee your financial institution may charge.

We will automatically charge your designated credit card OR DEBIT YOUR CHECKING ACCOUNT every billing cycle unless you cancel the service using the procedures outlined in this agreement. By continuing to subscribe to Paid Service, you re-affirm that BK Technology is authorized to collect applicable fees by charging your credit card or debiting your checking account, depending on the payment method you have selected. Nonuse of or non-payment for the Service does not constitute cancellation of the Service, nor does it remove your ongoing obligation to pay applicable Service fees.

BK Technology 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 BK Technology. You agree to maintain valid and current credit card, debit card, or checking account information on file with BK Technology during the term of this Agreement and for one year thereafter.

Changes in Fees or Billing Methods.

BK Technology reserves the right to change its fees or billing methods at any time. BK Technology will post any such changes on the Site at least 30 days before they take effect. If you don’t like the changes in fees or billing methods, you may cancel the Service at any time subject to the cancellation provisions outlined in this Agreement. BK Technology also has the right to collect applicable taxes and impose premium surcharges for some areas of the Service.

Automatic Renewal.

No matter which payment plan you select, your subscription will automatically renew at the end of the plan’s term AND YOUR CREDIT CARD OR CHECKING ACCOUNT WILL BE CHARGED, unless you cancel your subscription before the end of the plan’s term following the procedures outlined in this agreement. OUR INTERNAL POLICY IS TO notify SUBSCRIBERS by e-mail prior to the expiration of a plan’s term so THEY can elect whether to cancel THEIR subscription, change plans, or allow the automatic renewal. DUE TO SPAM FILTERS, CHANGES OF E-MAIL ADDRESS, AND OTHER FACTORS, HOWEVER, WE CANNOT GUARANTY YOU WILL RECEIVE THE NOTIFICATION. YOU SHOULD THEREFORE KEEP TRACK OF YOUR ACCOUNT’S BILLING CYCLE and regularly update your e-mail address and any other enrollment information.

Delinquent Accounts and Billing Disputes.

 We expect you to pay your account balance on time. Delinquent accounts may be suspended or canceled at BK Technology’s sole discretion; however, charges will continue to accrue until the Service is properly canceled. BK Technology may impose an additional charge to reinstate suspended or canceled Service. BK Technology will assess an additional 1.5% per month late charge (or the highest amount allowed by law, whichever is lower, with a minimum charge of $1.00) if your payment is 30 days past due. That amount is due immediately upon assessment. You are liable for any costs, including attorney and collection fees, BK Technology may incur in collecting any balance from you. IF YOUR ACCOUNT IS CANCELLED, you will be billed for and will pay any outstanding balance, including any ongoing subscription fees through the end of your plan’s term.  

 

12. TERMINATION AND CANCELLATION.

Either you or BK Technology 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 BK Technology. This includes any dispute related to, or arising out of: (a) any term of this Agreement or the enforcement or application of this Agreement; (b) any policy or practice of BK Technology, including the Privacy Policy and BK Technology’s security practices, or the enforcement or application of these policies or practices; (c) your ability to access or use the Service; and (d) the amount or type of, or changes to, fees, surcharges, applicable taxes, or billing methods. All provisions of this Agreement that by their nature are intended to survive termination, including Sections 13 through 19, will remain in force and continue to be binding on you if your account is terminated or cancelled for any reason.

You may cancel your service account according to the process provided within the product. Cancellation will be effective WITHIN TEN (10) DAYS AFTER the cancellation request is properly delivered. BK Technology will process your cancellation request and send you e-mail confirmation of the cancellation.

 

13. LIMITATION OF WARRANTIES AND LIABILITY; DISCLAIMER OF WARRANTIES.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, BK TECHNOLOGY 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 BK TECHNOLOGY OR THE INTERNET GENERALLY. NO STATEMENTS MADE, OR ADVICE OR INFORMATION GIVEN, BY BK TECHNOLOGY, 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. BK TECHNOLOGY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

BK TECHNOLOGY, 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. BK TECHNOLOGY’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.

BK TECHNOLOGY WILL 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, 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 BK TECHNOLOGY 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 BK TECHNOLOGY AND ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES THAT, BUT FOR THIS PROVISION, WOULD GIVE RISE TO A CAUSE OF ACTION AGAINST BK TECHNOLOGY IN CONTRACT, IN TORT, OR UNDER ANY OTHER LEGAL DOCTRINE. YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. BK TECHNOLOGY 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.

 

14. JURISDICTION; LIMITATION OF ACTIONS.

THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS, EXCEPT AS UTAH LAW MAY BE PREEMPTED BY THE LAWS OF THE UNITED STATES. YOU CONSENT TO THE JURISDICTION OF THE COURTS OF THE STATE OF DELAWARE, OR THE COURTS OF THE UNITED STATES OF AMERICA LOCATED IN THE STATE OF DELAWARE, AS THE SOLE VENUE TO RESOLVE ANY DISPUTE ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SERVICE. You agree that, regardless of any statute of limitations or other law to the contrary, 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.

 

15. INDEMNIFICATION.
You agree to defend, indemnify, and hold harmless BK Technology 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. BK Technology 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 BK Technology in that matter. In no event will you compromise, settle, or resolve any claim against BK Technology without its prior written consent.

 

16. Trademark and Copyright Legal Notices.
BK Technology, the BK Technology logo, are trademarks or registered trademarks of BK Technology Corporation. By placing them on this website, BK Technology Corporation does not grant any license or other authorization to use any of its trademarks, registered trademarks, copyrightable material, or other intellectual property.

 

17. 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.

 

18. No Third-Party Beneficiaries.

This Agreement is made for the exclusive benefit of, and is binding upon, BK Technology and the Member, 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.

 

19. ENTIRE AGREEMENT.

This Agreement (including the Privacy Policy) constitutes your entire agreement with BK Technology 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 BK TECHNOLOGY OR ITS PREDECESSORS IN INTEREST.