EFFECTIVE DATE: August 12, 2016
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND iBEAR LLC (“iBEAR”, “WE”) STATING THE TERMS THAT GOVERN YOUR USE OF THE FOLLOWING iBEAR WEBSITES AND THEIR ASSOCIATED MOBILE AND DESKTOP APPLICATIONS: (WWW.IBEARSOFT.COM, WWW.IBEARMONEY.COM, WWW.CHECKBOOKHD.COM, WWW.DEBTDOWNAPP.COM, WWW.NOTESHD.COM, WWW.OVERTIMERUSH.COM) TOGETHER WITH ANY OTHER iBEAR MOBILE AND/OR DESKTOP APPLICATIONS CURRENTLY EXISTING OR INTRODUCED IN THE FUTURE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THESE SITES AND APPS.
By using our Sites and Apps, you understand, acknowledge and agree that you will abide by these Terms of Service (“Terms”) and any additional terms that govern certain products and services, which will be presented in conjunction with those products and services. If you do not agree to these Terms, do not use the Sites or Apps.
NOTE: Our Service is not intended for children under 13 years of age, and you may not use the Service if you are under 13. You hereby represent and warrant that you are at least 13 years of age.
Any rights not expressly granted herein are reserved by iBear.
1. Ownership of Sites and Apps. iBear has developed the following mobile and/or desktop applications (“Apps”) together with their associated websites (“Sites”), all of which are the sole and exclusive property of iBear:
These Terms also apply to any other Apps or Sites owned or developed by iBear. The Sites and their associated Apps may be referred to collectively herein as the “Service.”
2. Use of Content. For the purposes of this document, “Content” means (i) all text, graphics, data files, visual interfaces, photographs, videos, images, trademarks, logos, artworks, sounds, music, computer code and all materials, including but not limited to the design, coordination and arrangement of such Content, contained on the Sites; and (ii) all derivative works created by iBear or provided by the users and published on the Sites or the Apps. All Content is owned, controlled or licensed by or to iBear and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information purposely made available by iBear for downloading from the Sites, provided that (1) the copyright notice appears in all copies of the files downloaded, (2) such information from the Sites is used only for your personal, non-commercial informational purpose and will not be copied or posted on any network computer or broadcast it in any media, (3) no modifications to such information are made.
4. Money Pro Cloud Sync Subscription Information. The iBear App Money Pro Family Cloud Sync feature permits users to share data with other Money Pro users who also activated Family Cloud Sync. Family Cloud Sync requires iCloud sync to be enabled for Money Pro on the device. Money Pro Family Cloud Sync subscription options include the following:
(a) One month subscription for Family Cloud Sync automatically renews for additional months of access and is charged to your iTunes account until you cancel. Your iTunes account will be charged for the first month subscription at the conclusion of your free 1-week of access unless you cancel in the manner described below.
(b) One year subscription for Family Cloud Sync automatically renews for additional years of access and is charged to your iTunes account until you cancel. Your iTunes account will be charged immediately when purchased.
(c) AUTOMATIC RENEWAL FEATURE: Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. iTunes will automatically charge your account under the same terms stated above for each renewal period within 24 hours prior to the end of the current subscription period.
You can manage subscriptions and turn off auto-renewal by going to your iTunes Account Settings after purchase. Follow the instructions to view, change, or cancel your subscriptions: https://support.apple.com/en-us/HT202039
5. Public Forums and Blogs. For the purposes of this Document, “Forum” means the part of the Sites representing a free discussion space that offers the opportunity for you to exchange information with other users, including a chat area, message board, instant messaging, mobile messaging. “Blog” means the part of the Sites representing a web publishing tool that allows iBear to post certain content which might be commented on by users of the Site.
You acknowledge that the Forum, the Blog and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any your messages posted on the Forum and any your Blog comments. We cannot guarantee the security of any information you disclose through the Forum or the Blog; you make such disclosures at your own risk. You are and shall remain solely responsible for the messages you post on the Forum or comments you leave on the Blog under your username and for the consequences of posting the messages and comments. We are under no obligation to monitor the Forum and comments to the Blog. Also, you should be skeptical about information provided by others, and you acknowledge that the use of any messages posted on the Forum or Blog comments is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in the Forum or left as Blog comments and we specifically disclaim any and all liability in connection therewith. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to messages you post on the Forum or leave as Blog comments.
By participating in the Forum or leaving comments to the Blog, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that: (i) is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable; (ii)infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (iii) constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation.; (iv) contains software viruses, Trojan horses, worms or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware; (v) provides any non-public information about iBear or any other company or person without the proper authorization to do so; (vi) intentionally interferes with the operation of the Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.; (vii) attacks or insults another Forum user or iBear; (viii) suggests or encourages illegal activity; or (ix) violates the U.S. or international laws or regulations.
6. No Unlawful or Prohibited Use. You may not attempt to gain unauthorized access to any portion of the Service, or any other accounts, computer systems or networks connected to the Service, by hacking, password “mining” or any other illegitimate means. You may not use any device, software or routine to interfere with the proper working of the Service or damage our Service. You may not use the Service in any manner that could interfere with any other party’s use and enjoyment of any Site or App. You may not use any automated device, scripts, program or methodology, including but not limited to “deep-link”, “page-scrape”, “spider”, “robot”, or any similar manual process, to collect any information, materials or documents or otherwise interact with the Sites through any means not purposely made available to you through the Sites. You may not exploit the Service in any way where the purpose is to reveal any information, other than the information purposely made available to you through the Service. You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity, which infringes the rights of iBear or third parties.
8. Links to Third Party Sites. The Sites may contain links to other independent third-party Web sites (“Linked Sites”). iBear is providing these links to you solely as a convenience. The Linked Sites are not under the control of iBear, and the inclusion of any link does not imply endorsement by iBear of the Linked Site. iBear is not responsible for the content of such Linked Sites.
9. Modification of Service. iBear reserves the right to modify or change the Service, or any portion thereof, and any applicable policies or terms at any time, without notice. iBear may also modify, suspend, interrupt or terminate operation of or access to the Service or any portion thereof, for any reason at any time, without notice.
10. Disclaimers. The Service may contain inaccuracies or errors that could cause failures or loss of your data. USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. iBEAR DOES NOT PROMISE THAT THE SERVICE OR ANY CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICE WILL BE TIMELY, SECURE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND iBEAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND THE CONTENT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. iBEAR DOES NOT WARRANT THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES, OR THAT ANY INFORMATION STORED OR TRANSMITTED THROUGH THE SERVICE WILL NOT BE LOST, CORRUPTED OR DAMAGED. iBEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST iBEAR FOR DISSATISFACTION WITH THE SERVICE OR ANY CONTENT IS TO STOP USING THE SERVICE OR ANY SUCH CONTENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY iBEAR WILL CREATE A WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SHOULD THE SERVICE PROVE DEFECTIVE, iBEAR SHALL NOT HAVE ANY OBLIGATION TO PROVIDE SERVICING, REPAIR, CORRECTION AND YOU SHALL ASSUME THE ENTIRE COST OF SUCH SERVICING, REPAIR OR CORRECTION.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, defect, interruption, deletion, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
11. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL iBEAR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITES, HOWEVER CAUSED, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, OR OTHERWISE, EVEN IF iBEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iBEAR DISCLAIMS ALL LIABILITY WITH RESPECT TO ITS CESSATION TO MAKE THE SERVICE AVAILABLE TO YOU WHEN SUCH CESSATION RESULTS FROM THE SERVER SHUTDOWN EITHER ACCIDENTAL OR INTENTIONAL.
Some jurisdictions do not allow the limitation of liability. In such jurisdictions, iBear’s liability to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content is limited to the greatest extent permitted by law, or $50, whichever is less.
12. Indemnification. To the extent permitted by law, you agree to indemnify and hold harmless, and upon iBear’s request, defend, iBear, its directors, shareholders, officers, employees, independent contractors and agents (each an “iBear Indemnified Party”) from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys fees and court costs, incurred by an iBear Indemnified Party due to or arising from or in connection with your use of the Service.
13. No Warranty: iBear makes no representation or warranty that: (a) the Service will be free of errors, bugs, or glitches, or that any such error, bug, or glitch will be corrected; (b) servers that house the System are free of viruses or other malicious code; and (c) your use of the Service is in compliance with the Terms of Service of any third party, including, without limitation, third party social media services. THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER. CLIC PROVIDES NO WARRANTIES WHATSOEVER REGARDING THE ACCURACY, RELIABILITY, OR DELIVERY OF THE SERVICE, AND HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE.
14. Arbitration Agreement and Class Action Waiver. You agree to arbitrate all disputes and claims that arise out of or relate to your use of the Service. Therefore, you agree that, by using the Service, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY or to participate in any class action based on or involving claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
This agreement to arbitrate includes, but is not limited to, any dispute, claim or controversy arising out of or relating to your use of the Service. Any such dispute shall be determined by arbitration in Reno, Nevada before one arbitrator. Any party to an arbitration proceeding may appear remotely by telephone or Internet. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
15. Choice of Law; Forum: You agree that the Service shall be deemed based in Nevada, and is housed on a passive server that does not give rise to personal jurisdiction over iBear, either specific or general, in any jurisdiction other than Nevada. This document shall be governed in all respects by the laws of the United States and the State of Nevada. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Reno, Nevada. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Reno, Nevada for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
16. Limitation of Actions. Any claim or cause of action arising out of your use of the website or Service must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by iBear to enforce or exercise any provision of this TOS or any related right shall not constitute a waiver of that right or provision.
17. Modification and Notice of Changes: We reserve the right to change, modify, add, or remove any element of the Service and portions of this TOS, without advance notice to you. We will notify you of any changes to this TOS by posting the effective date of the change at the top of this page together with a link to previous versions. Except as stated elsewhere, such amended terms will be effective immediately and without further notice. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes.
18. Violation of These Terms. You agree that iBear may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms or other agreements or guidelines which may be connected with your use of the e. You also agree that in case of any violation by you of these Terms iBear will be entitled to recover monetary damages and obtain any injunctive or equitable relief that iBear deems necessary or appropriate in such circumstances. You agree that iBear will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms. If iBear takes any legal action against you as a result of your violation of these Terms, iBear will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to iBear.
19. Entire Agreement and Severability. This TOS and any document incorporated by reference herein, together with the Privacy Policies, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between us. If any provision of this TOS is found by a court or other binding authority to be invalid, the remaining provisions contained in this TOS shall continue in full force and effect.
20. For Certain Device Users: The Service may be available via the Apple App Store platform (for Apple devices) or the Google Play Store (for Android devices). Apple and Google shall be referred to collectively as “Platform Providers.” Regardless of whether you are using the IOS or Google version of the Service, the following additional terms apply:
(a) These Terms are between you and iBear only, and not with the Platform Provider. The Platform Provider is not responsible for the Service or its functions, and has no obligation whatsoever to furnish any maintenance or support services with respect thereto. All maintenance and support are the sole responsibility of iBear.
(b) In unlikely event of any failure of the Service to operate in accordance with any applicable warranty, you may notify the Platform Provider, it will refund the purchase price; and to the maximum extent permitted by applicable law, the Platform Provider will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
(c) The Platform Provider is not responsible for addressing claims brought by you or any third party that relate to the Service, or your possession or use thereof, including (but not limited to): (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. iBear is solely responsible for addressing any such claims.
(d) In the event of any third-party claim that the Service or your possession or use thereof infringes that third party’s intellectual property rights, iBear, and not the Platform Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(e) You expressly represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
(f) The Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and the Platform Provider will have the right (and will be deemed to have accepted the right) to enforce this Terms against you as a third party beneficiary thereof.
QUESTIONS? If you have any questions about this agreement, please contact us here.