Terms of Use – Mobile Version

Terms Of Use

Last Updated: August 13, 2019

budgetsmarties.com, owns and operates the website located at budgetsmarties.com (the “Site”). budgetsmarties.com provides and maintains this Site for your information, conditioned on your acceptance, without modification, of the terms, conditions and notices contained in these Terms of Use and in our Privacy Policy. By accessing and using the Site, you accept and agree without limitation to the following:

Products and Services

budgetsmarties.com provides information and news in the following categories: Finances, savings, income, travel, wellness and others.

Esign Consent

You agree that clicking “Subscribe” acts as your electronic signature.

Mobile Terms & Conditions

Description of the Service
By clicking “Subscribe” on the webform, I agree to receive recurring informational and promotional SMS messages from the budgetsmarties Program. The program provides news about smart saving, traveling on budget and financial health. The program is a standard rate subscription service available on most carriers including US Cellular, AT&T Mobility, T-Mobile®, Sprint, Boost, MetroPCS, Verizon Wireless, and Virgin Mobile.

Please note Message & Data Rates May Apply.

Carriers are not liable for delayed or undelivered messages.

HELP
To obtain help, you may:
1. Text HELP to obtain help on your mobile phone
2. Email us at [email protected]
3. Call us at (877) 728-0045 M–F 9am-5pm PT.

Terminating the Service
You may cancel your subscription at any time by texting STOP.

Frequency of Messaging
Text alerts are delivered 3 messages per week.

Privacy Policy
We will not share, rent or sell your Personal Information to other companies or individuals, unless we have your consent. For more information, please visit our Privacy Policy

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your acceptance or purchase of products or services through any of this Site’s third party vendors. budgetsmarties.com may, in its sole discretion, report actual or perceived violations of law to law enforcement or other authorities. If we become aware of any potential or suspected violation of these Terms of Use or our Privacy Policy, we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action to be taken. During such investigation, we may suspend services to any customer being investigated and may delete data from our servers in order to prevent or minimize further violations. You agree to cooperate fully with any such investigation. You acknowledge that violating the Terms of Use or Privacy Policy could subject you to criminal or civil penalties.

Intellectual Property

The trademarks, titles, characters, trade names, graphics, designs and other properties, including all software, text and images appearing on this Site is the intellectual property of budgetsmarties.com, its licensees, or other third parties who have authorized use of such properties on the Site. budgetsmarties.com reserves all other rights in this Site and its contents. You may not distribute, display, transmit or disseminate any documents, pages, images, materials or content without our prior written consent. Nothing contained on this Site should be construed as conferring any right or license to any trademark, copyright or other intellectual property right.

Limitation of Liability and Disclaimer of Warranties

budgetsmarties.com uses commercially reasonable efforts to ensure that the information on this Site is accurate, but accuracy is not guaranteed.
budgetsmarties.com makes no representations regarding your use of this Site or results that you may or may not obtain through such use.

NEITHER budgetsmarties.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. EVERYTHING ON THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THESE EXCLUSIONS AND LIMITATIONS ARE APPLIED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Content

This Site may contain links to websites maintained by third parties. budgetsmarties.com is not responsible for the content or privacy policies of third party websites, and the existence of such links should not be considered an endorsement or recommendation of those websites, the product or service offered or any third parties associated with those websites.

Privacy

budgetsmarties.com’s Privacy Policy is applicable to any data supplied through this Site. The Privacy Policy sets out your rights and our responsibilities regarding your personal information. budgetsmarties.com will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. budgetsmarties.com reserves the right, in its sole discretion, to modify the Privacy Policy without prior notice to you. Modifications to the Privacy Policy are effective when posted and your continued use of this Site signifies your acceptance of such modifications.

Security

budgetsmarties.com uses industry-recognized technology to protect your personal information. Although budgetsmarties.com takes commercially reasonable measures to secure your personal information submitted through this Site, iBudgetAlert.com cannot guarantee that your information will not be intercepted or decrypted by others. So long as budgetsmarties.com uses commercially reasonable security measures, it accepts no responsibility for such interception or decryption except as required by law.

Site Use

budgetsmarties.com does not charge you any fees for your use of this Site. budgetsmarties.com may receive compensation from advertising platforms.

Law and Venue

budgetsmarties.com is operated by iEvolution LLC, a Cheyenne, Wyoming 82001 limited liability company. By using this Site or engaging with budgetsmarties.com in any way, you consent to the laws and jurisdiction of the Cheyenne, Wyoming 82001. These Terms of Use and the Privacy Policy also will be governed by and construed in accordance with the laws of Cheyenne, Wyoming 82001, without regard to conflict of law provisions. Any legal action brought against budgetsmarties.com (which must be via binding arbitration as set forth below) will be governed by the laws of Cheyenne, Wyoming 82001 and you agree that the sole jurisdiction and venue for disputes resolution will be in Cheyenne, Wyoming 82001.

Binding Arbitration

Should any dispute arise as to the interpretation of any term or provision of these Terms of Use or with regard to any of your dealings budgetsmarties.com as a result of budgetsmarties.com’s service, those issues shall be decided by binding arbitration. Arbitration proceeding shall be conducted under the applicable rules in Clark County, Nevada. The decision of the arbitrator shall be final and binding on both parties. The prevailing party shall be entitled to recover the cost of arbitration, travel expenses, expert testimony, travel expenses of experts, and all other expenses reasonably incurred in bringing or defending an arbitration claim, from the other party unless otherwise prohibited by law.

Modification

budgetsmarties.com reserves the right to modify these Terms of Use from time to time and without notice to you. Your use of this Site after such modification constitutes your acceptance of and agreement to any new or amended terms.

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless budgetsmarties.com, its subsidiaries, officers, agents and employees, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use or attempted use of the Site.

Violation of the Terms of Use

By using the Site, you understand and agree that budgetsmarties.com in its sole discretion and without prior notice may terminate your access to this Site and to any services offered, and may remove any content you have provided if budgetsmarties.com believes that such content violates or is inconsistent with these Terms of Use or the Privacy Policy or their intent, or that such content may be disruptive, offensive or in violation of applicable laws.

Class Action Waiver

ANY PROCEEDINGS TO RESOLVE, LITIGATE OR ARBITRATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR budgetsmarties.com WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS. THIS CLASS ACTION WAIVER MAY BE LIMITED BY APPLICABLE LAW, BUT IS INTENDED TO BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW.

Miscellaneous

All rights not expressly granted to you are reserved to budgetsmarties.com. The headings used in these Terms of Use are intended for convenience only, and shall not affect the construction and interpretation thereof. budgetsmarties.com’s failure to insist upon or enforce strict performance of any provision of the Terms of Use shall not be construed as a waiver of such or any future provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of these Terms of Use, which shall remain in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between the parties with respect to the subject matter contained herein and supersedes and replaces any and all prior written or oral agreements related to the subject matter hereof.

Contact Information:

Company name: iEvolution LLC
Brand name: budgetsmarties.com
Address: 1712 Pioneer Avenue #1022 Cheyenne, Wyoming 82001
Email Address: [email protected]

INFORMATION FOR ISPs:

Website: www.budgetsmarties.com
Brand name: budgetsmarties.com
Email Address: [email protected]

Notice and Take Down Procedures

If you believe any materials accessible on or from the Site infringe your copyright or other intellectual property, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the
    location (for example, the URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide a URL or any other pertinent information that will allow location of the material.
  3. Your name, address, telephone number and email address.
  4. A statement that in good faith you believe the complained of use of the materials is not allowed by the copyright owner, its agent, or the law.
  5. A statement that your submission is accurate and that "under penalty of perjury" you are the copyright owner or the owner’s authorized agent.
  6. A signature or the electronic equivalent from the copyright holder or authorized agent.

Send the above information to:

Legal Department
budgetsmarties.com / iEvolution LLC
1712 Pioneer Avenue #1022 Cheyenne, Wyoming 82001
Email Address: [email protected]

For all email submissions, please include the subject line: DMCA Takedown Request.