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TERMS AND CONDITIONS

Last updated: 07/20/2018   

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE BUCKIT MOBILE APP (“BUCKIT SERVICES” or “SERVICES”). BY CLICKING THE ACCEPTANCE BUTTON, AND/OR INSTALLING THE BUCKIT MOBILE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK THE BUTTON THAT INDICATES YOU DO NOT ACCEPT THE TERMS, AND DO NOT INSTALL THE BUCKIT MOBILE APPLICATION AND DO NOT USE THE BUCKIT SERVICES.

This Agreement sets forth the terms and conditions of your use of Buckit Services. For the purposes of this Agreement, "you" means you, the end user, and "Buckit" means Buckit Inc. and its subsidiaries and affiliates.

1  ACCEPTANCE OF TERMS AND CONDITIONS

You agree as follows:

  • This Agreement is a legally binding agreement and the equivalent of a signed, written contract;

  • You will use the Buckit Services in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions in this Agreement as it may be amended by Buckit from time to time; and

  • You understand, accept, and have received this Agreement and its terms and conditions, and acknowledge and demonstrate that you can access this Agreement.

  • You may not use any of the Services and you many not accept this Agreement if you are not legally authorized to accept and be bound by these terms or are not at least 18 years of age.

2  PRIVACY AND USE OF INFORMATION

Your use of the Buckit Services is also governed by Buckit’s Privacy Policy.

3  DESCRIPTION OF THE SERVICES

The Buckit Services provide mobile and/or internet based software applications that help you save money by paying down your credit card debts more easily.  By analyzing the debts including the balances and interest rate charges and your income and spending, Buckit helps you set a debt repayment plan that fits you and helps you stay on track to achieve it by automatically setting money aside when you can afford it and using the savings to pay down the debt.  Through continuous optimization of the debt payments, Buckit helps you improve finances and credit profile over time.  The Services also helps you organize, understand and manage certain of your financial information such as bank accounts, credit card accounts and other  third party payment service providers. The Services may also provide you with alerts, notifications, suggestions and other relevant information that are deemed helpful. 

4  NOT A BANK, FINANCIAL PLANNER, DEDT SETTLEMENT COMPANY, CREDIT COUNSLOR, BROKER OR TAX ADVISOR

NEITHER BUCKIT NOR THE BUCKIT SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BUCKIT IS NOT A BANK, FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Buckit Services are intended only to assist you in your financial organization and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Buckit Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

 

BUCKIT IS NOT A DEBT SETTLEMENT COMPANY OR CREDIT COUNSELOR.  Buckit provides a software service that helps you manage debt payments.  We do not provide debt settlement or debt relief services, such as negotiating with your creditors on your behalf to resolve your debt through paying a settlement, obtaining concessions on interest rates and fees, or paying less than the amount you owe.    Furthermore, there is no debt settlement contract between you and Buckit nor is there any debt settlement fee required for you to use Buckit products and services. You can discontinue the use of our products and services at any time.  

5  YOUR USE OF THE SERVICES

Your right to access and use Buckit Services are subject to the following:

  • Buckit grants you a non-exclusive and non-transferable access to the Buckit Services, and the content made available by Buckit (“Content”) for your personal use only;

  • You are only entitled to access and use the Buckit Services for lawful purposes;

  • About Sneak Preview Features: From time to time, Buckit may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and which permit you to provide feedback. You agree the Buckit may use any feedback without obligation to you.

  • Buckit may integrate with social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

6  RIGHTS YOU GRANT TO US

By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to Buckit through the Services (“User Content”), you are:

  • Authorizing Buckit to use and store the User Content to provide Services and otherwise in accordance with this Agreement and the Privacy Statement.

  • Representing that you are entitled to submit User Content to Buckit, without any obligation by Buckit to pay any fees or be subject to any restrictions or limitations.

  • Expressly authorizing the Buckit Services to electronically access your Account Information maintained by identified third parties to provide the Services, and you  are expressly authorizing such third parties to disclose your information to Buckit.

  • Authorizing the Services to be directly connected to the website for the third party you have identified when you use the “Link Bank Accounts” feature of the Services.

  • Authorizing Buckit to submit information including usernames and passwords that you provide to log into 3rd party sites.

  • Authorizing and giving Buckit permission to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third party sites for which you submit your information.

  • Granting Buckit a limited power of attorney, and appoint Buckit as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. This provision is for purposes of this Agreement and solely to provide the Account Information to you as part of the services.

  • Acknowledging and agreeing that WHEN BUCKIT IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, BUCKIT IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD PARTY SITE.

  • Acknowledging and agreeing that the Services are not sponsored or endorsed by any third parties accessible through the Services.

In addition, Buckit’s Services may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. You agree further that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact that may be designated for that purpose is between you and that employer, employee, or contractor alone, and not with us. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with Buckit products and services, or cause to be posted, sent, submitted, published or transmitted, any material that:

  • You agree that Buckit will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Buckit operations or businesses.

  • By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and the Buckit business, including without limitation for promoting and redistributing part or all of the Buckit products and services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your posted content through the Buckit products and services, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.

7  RESTRICTIONS

You agree that you will not:

  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Microsoft Explorer).

  • Attempt to modify, translate, decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Buckit Services; or

  • Attempt to gain an unauthorized access to any portion of the Services.

  • You agree not to, without the express prior written consent of Buckit in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own;

  • You will not use any electronic communication feature of the Services for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful;

  • You will not use the Services to upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

  • You will not collect or store personal data about other users of the Services.

  • You will not use the Service to upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.

  • You will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

  • You will not use the Buckit Services when you are driving a motor vehicle, even if doing so is legally permitted in your location

You will not provide User Content that:

  • advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation.

  • harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance.

  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content.

  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Buckit products and services.

  • solicits funds, advertisers or sponsors for any purpose.

  • includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device.

  • disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via the Buckit products and services.

You remain solely responsible for User Content.

Buckit and/or its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any User Content that violates this Agreement or is otherwise objectionable as determined by Buckit in its sole discretion.

WHILE BUCKIT EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE BUCKIT PRODUCTS AND SERVICES IS ENTIRELY AT YOUR OWN RISK, AND THAT BUCKIT SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF SERVICES VIOLATES ANY OF THE ABOVE RESTRICTIONS OR OTHER TERMS OF THIS AGREEMENT, BUCKIT CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SERVICES IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY TO YOU.

8  ACCOUNT INFORMATION FROM THIRD PARTY SITES

You may request and authorize Buckit to retrieve  your financial information maintained online by third-parties with which you have a customer relationship, maintain accounts or engage in financial transactions (“Account Information”)., Buckit does not review the Account Information for accuracy, legality or non-infringement and will not be responsible for the Account Information or products and services offered by third parties or on third-party sites, such as failure to obtain data, loss of data. or timely refresh of data, personalization settings or other Services interruptions.

9  BUCKIT OFFERS AND THIRD PARTY LINKS

The Buckit Services may also present information relating to third party products or services (“Buckit Offers”), which it believes, may interest you, including sponsored links from advertisers. Whether or not sponsored by Buckit, these third party sites and Buckit Offers are not affiliated nor endorsed by Buckit. Buckit is not an agent or broker or otherwise responsible for the activities or policies of those web sites and has not reviewed such sites and is not responsible for the content of any third party sites. Any use of third party sites is at your own risk. Buckit makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via the Buckit Service or use of such Buckit Offers.

Buckit does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Information in the Buckit Offers is provided by the third parties, and any offer is subject to the third parties’ review of your information. Buckit may receive compensation from third parties which may impact the placement and availability of the Buckit Offers.

 

If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy.

 

CERTAIN PRODUCTS AND SERVICES ARE MADE AVAILABLE BY THIRD PARTIES AND NOT BY COMPANY. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH THIRD-PARTY PRODUCTS OR SERVICES, EXCEPT AS DESCRIBED IN (A) THE FOLLOWING PARAGRAPH; (B) IN THOSE THIRD PARTY'S TERMS OF SERVICE; (C) ANY CONTRACTUAL AGREEMENT BETWEEN US AND SUCH THIRD PARTY; AND (D) IN SECTION 12 BELOW.

10 YOUR REGISTRATION INFORMATION AND ELECTRONIC COMMUNICATIONS

Registration.
You must sign up for an account with Buckit in order to use the Buckit Services. You agree to provide true and accurate information during the registration process. Buckit reserves the right to terminate your access should Buckit know, or have reasonable grounds to suspect, that you have entered false or misleading information during the registration process.

  • ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 are prohibited from registering or using the Buckit Services. Buckit reserves the right to require proof of legal age.

  • User account. You will provide access credentials either directly through the selection of a username and password or through a third party authentication provider as a part of the registration process. You are fully responsible for maintaining the confidentiality of  your credentials. You agree to immediately notify Buckit at security@buckitapp.co should  you know, or have reasonable grounds to suspect, that the username and password have been compromised. Buckit will use commercially reasonable efforts to disable the username and password within a reasonable period following receipt of your notification, but Buckit shall not be responsible for any unauthorized use of your username and password prior to it being disabled.

  • It is your responsibility to promptly update Buckit with your complete, accurate contact information, or change your information, including email address, as appropriate.

  • Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on the Buckit products and services, accessible through any standard, commercially available internet browser. You consent to receive communications electronically until you end your relationship with Buckit and discontinue all use of the Services. You may print a copy of any electronic communications and retain it for your records. Buckit reserves the right to terminate or change how Buckit provides electronic communications and will provide you with appropriate notice in accordance with applicable law.

  • You are solely responsible for requirements for the use of your mobile device, including any applicable changes, updates and fees as well complying with your agreement with your mobile device and telecommunications provider.

  • Amendments. Buckit reserves the right to amend these terms at any time. Buckit will contact registered users by e-mail, and shall also post a notice of changes on the Buckit products and services, when and if the terms are amended. Continued use of the Services following such notice of amendment constitutes your acceptance of the amended terms.

11  BUCKIT’S INTELLECTUAL PROPERTY RIGHTS

Except as otherwise set forth herein, all right, title and interest in and to all,

  • registered and unregistered trademarks, service marks and logos;

  • patents, patent applications, and patentable ideas, inventions, and/or improvements;

  • trade secrets, proprietary information, and know-how;

  • all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired;

  • registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and

  • all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services ("Buckit Intellectual Property Rights") are owned by Buckit or its licensors, and you agree to make no claim of interest in or ownership of any such Buckit Intellectual Property Rights. You acknowledge that no title to the Buckit Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Buckit or its licensors' Intellectual Property Rights, other than the non-exclusive rights expressly granted in this Agreement. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any purpose other than as expressly permitted in this Agreement is expressly prohibited.

12  DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

THE BUCKIT SERVICES AND ALL CONTENT AND OFFERINGS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BUCKIT, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") MAKE NO WARRANTY THAT (A) THE CONTENT OR OFFERINGS WILL MEET YOUR REQUIREMENTS, (B) THE BUCKIT SERVICES, OR THE CONTENT, OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY SERVICES, CONTENT OR OFFERINGS OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

 

YOU UNDERSTAND THAT COMPANY NEITHER CONTROLS NOR ENDORSES, NOR IS COMPANY RESPONSIBLE FOR, ANY PRODUCTS, SERVICES OR MATERIALS OFFERED BY ANY BANK WITH WHICH WE WORK OR ANY THIRD-PARTY PROVIDER OR FOR THE ACTS OR OMISSIONS OF ANY OF THE FOREGOING ENTITIES, , EXCEPT AS DESCRIBED IN (A) IN THOSE THIRD PARTY'S TERMS OF SERVICE; (B) ANY CONTRACTUAL AGREEMENT BETWEEN US AND SUCH THIRD PARTY; AND (C) IN SECTION 9 ABOVE.

 

THE BUCKIT SERVICES, INCLUDING ALERTS AND OTHER ACCOUNT INFORMATION COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR OTHER ERRORS AND MAY NOT BE THE MOST CURRENT INFORMATION REGARDING YOUR ACCOUNTS.

THE USE OF THE BUCKIT SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS OR CONTENT IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE INCURRED BY YOU INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, AND  LOSS OF DATA.

 

BUCKIT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK.

 

BUCKIT RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PRODUCTS AND SERVICES, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. BUCKIT SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD BUCKIT EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT OFFERINGS ON THIS APPLICATION SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

13  LIMITATIONS ON BUCKIT’S LIABILITY AND YOUR INDEMNIFICATION OF BUCKIT

IN NO EVENT SHALL BUCKIT OR ITS AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT BUCKIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE BUCKIT PRODUCTS AND SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO.

 

WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, FROM ANY PRODUCTS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, OR FROM ANY PRODUCTS, SERVICES OR MATERIALS OFFERED BY, AND ANY ACTS OR OMISSIONS OF, ANY THIRD PARTIES, INCLUDING ANY BANK WITH WHICH WE WORK OR ANY THIRD-PARTY PROVIDERS;

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

You agree to defend, indemnify, and hold Buckit and its Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of Buckit Products and Services or from your violation of the terms of this Agreement. Buckit reserves the right, at its expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Buckit in asserting any available defenses. 

14  ENDING YOUR RELATIONSHIP WITH BUCKIT INC.

You may terminate your account at any time, by email at: support@Buckitapp.co. Buckit may require additional verification before the termination of your account. Your account on will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.

Buckit may at any time, terminate its agreement with you and your access to the Services:

a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Buckit in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

You acknowledge and agree that Buckit may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Buckit shall not be liable to you or any third party for any termination of your access to the Services.

15  GENERAL PROVISIONS

15.1 GOVERNING LAW AND FORUM FOR DISPUTES

Maryland state law governs this Agreement without regard to its conflicts of laws provisions.

 

15.2 ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Maryland law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BUCKIT ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.

Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.

15.3 INTERNATIONAL USE.

Although the Services may be accessible worldwide, Buckit makes no representation that materials from the Buckit Products or the Services are appropriate or available for use in locations outside the United States. If you choose to access the Services from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with Buckit products and services is void where prohibited.

 

15.4 DISCLOSURES REQUIRED BY LAW

Buckit reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Buckit reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Buckit to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the this Agreement.

 

15.5 SECTION TITLES

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Please report any violations of this Agreement to Buckit Inc. legal@buckitapp.co If you have any questions regarding this Agreement, please contact us at legal@buckitapp.co.