Legal

Terms of Service08/2024

Welcome to BudgetNodes. These Terms of Service ("Terms") govern your use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by these Terms, along with our Privacy Policy and any other policies or guidelines posted on our website.

If you do not agree to these Terms, you must not use our Services. BudgetNodes reserves the right to modify or update these Terms at any time, and such changes will become effective immediately upon posting. It is your responsibility to review these Terms periodically. Continued use of the Services after any modifications constitute your acceptance of the revised Terms.

To access certain features of our Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify BudgetNodes immediately of any unauthorized use of your account or any other breach of security. BudgetNodes will not be liable for any loss or damage arising from your failure to safeguard your account information.

You agree not to use the Services for any unlawful or prohibited purpose. This includes, but is not limited to, the following activities:

• [A] Illegal Activities

  Engaging in any illegal activities or using the Services in a manner that violates applicable laws and regulations.

• [B] Harmful Content

  Uploading, posting, or transmitting content that is defamatory, obscene, abusive, or otherwise harmful, including malware or viruses.

• [C] Unauthorized Access

  Attempting to gain unauthorized access to any portion of the Services, or to other accounts, systems, or networks connected to the Services.

• [D] Interference

  Disrupting or interfering with the operation of the Services or the servers or networks used to provide the Services.

• [E] Impersonation

  Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.

In addition to these prohibited uses, you agree to comply with our Acceptable Use Policy (AUP), which outlines specific rules and guidelines for the acceptable use of our Services. The AUP is incorporated into these Terms by reference and can be accessed here. Violations of the AUP may result in suspension or termination of your access to the Services.

We reserve the right to terminate or suspend your access to the Services if we believe, in our sole discretion, that you have violated these prohibited uses or the AUP.

BudgetNodes strives to provide reliable and uninterrupted Services. However, we cannot guarantee that the Services will always be available or free from interruptions. We may, from time to time, need to perform maintenance, updates, or modifications that may affect the availability of the Services.

We reserve the right to modify, suspend, or discontinue any part of the Services at our discretion, with or without notice. We will make reasonable efforts to notify you of any significant changes or disruptions to the Services. Your continued use of the Services following any such changes constitutes your acceptance of the modifications.

• [A] Fees

  The fees for our Services are described on our website and may be updated from time to time. By using our Services, you agree to pay all applicable fees as described at the time of your purchase or subscription.

• [B] Billing Cycle

  Payments are billed on a selected, case by case basis unless otherwise specified. You agree to provide accurate and up-to-date payment information and to notify us promptly of any changes to your billing information.

• [C] Late Payments

  If payment is not received by the due date, we may suspend or terminate your access to the Services. You will remain responsible for any unpaid fees and charges accrued prior to suspension or termination.

• [D] Refunds

  Refunds, if applicable, are governed by our Refund Policy, which is available here. Please refer to the Refund Policy for details on how to request a refund and the conditions under which refunds are granted.

• [A] Ownership

  All intellectual property rights in the Services, including but not limited to trademarks, copyrights, patents, and trade secrets, are owned by BudgetNodes or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms.

• [B] User Content

  You retain ownership of any content you create or upload while using our Services. By submitting or uploading content, you grant BudgetNodes a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content as necessary to provide and improve the Services.

• [C] Feedback

  Any feedback or suggestions you provide regarding our Services will be the sole property of BudgetNodes, and we may use such feedback or suggestions without any obligation or compensation to you.

• [A] Privacy Policy

  Your use of our Services is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using our Services, you consent to the collection and use of your information as described in the Privacy Policy. You can review our Privacy Policy here.

• [B] Data Security

  We implement reasonable measures to protect your data and ensure the security of our Services. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your data, we cannot guarantee its absolute security.

• [C] Data Retention

  We may retain certain data as required by applicable laws or for legitimate business purposes. You may request access to or deletion of your data in accordance with applicable data protection laws and our Privacy Policy.

• [A] Disclaimer of Warranties

  The Services are provided on an "as-is" and "as-available" basis. BudgetNodes makes no warranties, express or implied, regarding the Services, including but not limited to the accuracy, reliability, or availability of the Services.

• [B] Limitation of Liability

  To the maximum extent permitted by law, BudgetNodes will not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to your use of the Services, including but not limited to loss of profits, data, or business opportunities, even if BudgetNodes has been advised of the possibility of such damages.

• [C] Maximum Liability

  In no event shall BudgetNodes' total liability for any claims arising from or related to these Terms or your use of the Services exceed the amount you have paid for the Services in the [12] months preceding the event giving rise to the claim.

• [A] Third-Party Links

  The Services may contain links to third-party websites or services that are not owned or controlled by BudgetNodes. We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You access such third-party links at your own risk.

• [B] Third-Party Services

  If you use any third-party services or products in conjunction with our Services, you are responsible for complying with the terms and conditions of those third parties. BudgetNodes is not responsible for any issues or disputes that may arise from your use of third-party services.

• [C] No Liability

  BudgetNodes shall not be liable for any damages or losses arising from or related to your use of third-party websites or services. Any interactions or transactions with third parties are solely between you and the third party.

• [A] Informal Resolution

  Before initiating any formal legal action, you agree to attempt to resolve any disputes or claims arising from or related to these Terms through informal negotiations with BudgetNodes. Please contact our customer support team to initiate a discussion aimed at resolving the issue.

• [B] Arbitration

  If informal resolution fails, any disputes or claims that cannot be resolved through informal negotiations will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration will be conducted in Dallas, Texas. Judgment on the arbitration award may be entered in any court having jurisdiction.

• [C] Class Action Waiver

  You agree that any arbitration or legal proceedings will be conducted on an individual basis and not as a class action or representative action. You waive any right to participate in a class action or similar proceedings.

• [A] Governing Law

  These Terms and any disputes arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

• [B] Jurisdiction

  Any legal action or proceeding arising from or related to these Terms or your use of the Services must be brought exclusively in the courts located in Dallas, Texas. You consent to the jurisdiction of such courts and waive any objections to venue or jurisdiction in these courts.

• [A] No Warranty

  The Services are provided on an “as-is” and “as-available” basis. BudgetNodes makes no warranties, express or implied, regarding the Services, including but not limited to the availability, reliability, accuracy, or completeness of the Services.

• [B] Implied Warranties

  To the fullest extent permitted by law, BudgetNodes disclaims all implied warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will meet your requirements or be uninterrupted, secure, or error-free.

• [C] No Liability for Content

  BudgetNodes is not responsible for any content provided by users or third parties and does not endorse or guarantee the accuracy, reliability, or completeness of such content.

• [A] User’s Obligation

  You agree to indemnify, defend, and hold harmless BudgetNodes, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or related to your use of the Services, any content you submit, or your violation of these Terms.

• [B] Notification

  BudgetNodes will notify you of any claim for which indemnification is sought, and you will have the right to participate in the defense of such claim with counsel of your choosing, at your own expense.

• [C] Settlement

  BudgetNodes reserves the right to control the defense and settlement of any claim for which indemnification is sought, provided that any settlement requiring you to take or refrain from taking any action will be subject to your prior written consent.

• [A] Termination by BudgetNodes

  We reserve the right to terminate or suspend your access to the Services at our sole discretion, with or without cause, and with or without notice. Reasons for termination or suspension may include, but are not limited to, violations of these Terms, failure to pay fees, or illegal activities.

• [B] Termination by You

  You may terminate your account and stop using the Services at any time by following the account termination process outlined in your account settings or by contacting our customer support team.

• [C] Effect of Termination

  Upon termination of your access to the Services, you will no longer have access to any content or data associated with your account. Any outstanding fees or charges will remain due and payable. Termination of your account does not relieve you of any obligations incurred prior to the termination.

• [A] Severability of Provisions

  If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be modified or deleted to the extent necessary to make it enforceable. The remaining provisions of these Terms shall continue in full force and effect.

• [B] Reformation

  In the event that a provision is deemed unenforceable, it shall be reformed to the extent necessary to be enforceable and to reflect the original intent of the provision as closely as possible.

• [A] Agreement

  These Terms, along with our Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and BudgetNodes regarding your use of the Services. They supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral, regarding the subject matter of these Terms.

• [B] No Reliance

  You acknowledge that you have not relied on any representations, promises, or statements not expressly set forth in these Terms or the Privacy Policy.

• [A] Customer Support

  If you have any questions, concerns, or issues regarding these Terms or the Services, please contact us at:

  • [1] Email

    For billing related inquiries: billing@budgetnodes.net
    For other inquiries: support@budgetnodes.net

  • [2] Phone

    +1 (682)-230-4100

  • [3] Mailing Address

    BudgetNodes LLC,
    6903 Kingdom Estates Dr.
    Dallas, Texas, 75236

• [B] Inquiries

  We will make reasonable efforts to respond to your inquiries promptly. Please include relevant details in your communication to help us assist you effectively.