Last updated : 5/3/18

BillyGo LLC (“BillyGo”) operates the BillyGo website (www.billygo.com) (“Website”) and the BillyGo mobile service application (“Mobile App”) that link to these Terms of Use to provide online access to information about BillyGo and the products, services, and opportunities we provide. Use of the BillyGo Service is governed by our Customer Terms of Service, available at https://billygo.com/terms-of-service/

By accessing and using the Website or Mobile App, you agree to these Terms of Use.

BillyGo reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the Website or Mobile App following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified.

1. Permitted Use of The Website and Mobile App

You may access the Website and Mobile App solely for your non-commercial, personal purposes and/or to learn about BillyGo services, and solely in compliance with these Terms of Use.

2. Prohibited Use of The Website and Mobile App

By accessing the Website and/or Mobile App, you agree that you will not:

  • Use the Website and/or Mobile App in violation of these Terms of Use;
  • Copy, modify, create a derivative work from, reverse engineer or reverse assemble the Website and/or Mobile App, or otherwise attempt to discover any source code, or allow any third party to do so;
  • Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, any content embodied or displayed in the Website and/or Mobile App or any BillyGo service in any way;
  • Use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website and/or Mobile App in a manner.
  • Use the Website and/or Mobile App in any manner that damages, disables, overburdens, or impairs any BillyGo operation or interferes with any other party’s use and enjoyment of the Website and/or Mobile App;
  • Mirror or frame the Website and/or Mobile App or any part of it on any other web site or web page.
  • Attempt to gain unauthorized access to the Website and/or Mobile App;
  • Access the Website and/or Mobile App by any means other than through the interface that is provided by BillyGo for use in accessing the Website and/or Mobile App;
  • Use the Website and/or Mobile App for any purpose or in any manner that is unlawful or prohibited by this Agreement.

Any unauthorized use of the Website and/or Mobile App or any content embodied or displayed therein  may violate patent, copyright, trademark, and other laws.

3. Copyrights and Trademarks

The Website and/or Mobile App is based upon proprietary BillyGo technology and may include 3rd party proprietary content licensed by BillyGo. The Website and/or Mobile App are protected by applicable intellectual property and other laws, including trademark and copyright laws. The Website and/or Mobile App, including all intellectual property rights in the Website and/or Mobile App, belongs to and is the property of BillyGo or its licensors (if any). BillyGo owns and retains all copyrights in the content of the Website and/or Mobile App.  Except as specifically permitted on the Website and/or Mobile App as to certain content, the content embodied or displayed in the Website and/or Mobile App may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Website and/or Mobile App or the content embodied or displayed therein, in whole or in part, by any means. BillyGo, the BillyGo logos, and other marks used by BillyGo in connection with its products and services are trademarks and the property of BillyGo. The appearance, layout, color scheme, and design of the BillyGo.com website are protected trade dress. The customer or user does not receive any right or license to use the foregoing. BillyGo may use and incorporate into the Website and/or Mobile App or the BillyGo service any suggestions or other feedback you provide, without payment or condition.

4. Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Website and/or Mobile App. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BillyGo of the third party, the third-party web site, or the information there. BillyGo is not responsible for the availability of any such web sites. BillyGo is not responsible or liable for any such web sites or the content thereon. If you use the links to the web sites of BilliGo affiliates or service providers, you will leave the Website and/or Mobile App and will be subject to the terms of use and privacy policy applicable to those web sites.

5. Disclaimers; Limitations of Liability

BILLYGO AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITE AND/OR MOBILE APP OR THE CONTENT THEREIN FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BILLYGO AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND/OR MOBILE APP AND THE CONTENT THEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BILLYGO IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BILLYGO AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE AND/OR MOBILE APP, WITH THE DELAY OR INABILITY TO USE THE WEBSITE AND/OR MOBILE APP, OR FOR ANY CONTENT THEREIN, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE AND/OR MOBILE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF BILLYGO OR ANY OF BILLYGO’S SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, BILLYGO IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF BILLYGO AND ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.

6. Indemnification

You understand and agree that you are personally responsible for your behavior on the Website and Mobile App. You agree to indemnify, defend and hold harmless BillyGo, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website and Mobile App or the content therein, or any violation by you of these Terms of Use.

7. Privacy

Your use of the Website and Mobile App is subject to BillyGo’s Privacy Policy, available at https://billygo.com/privacy-policy/

8. Additional Terms of Service

If you are a customer of BillyGo or an employee, representative or agent of a BillyGo customer, your use of the BillyGo service is subject to BillyGo’s Terms of Service, available at https://billygo.com/terms-of-service/

9. General Provisions

  • A. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by BillyGo of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  • B. Correction of Errors and Inaccuracies. The content displayed in the Website and Mobile App may contain typographical errors or other errors or inaccuracies and may not be complete or current. BillyGo therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. BillyGo does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
  • C. Enforcement/ Choice of Law/ Choice of Forum.If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, BillyGo’s Privacy Policy, your use of the Website and Mobile App, any other BillyGo service or product are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Denton, Texas in the event of any dispute of any kind arising from or relating to these Terms of Use, BillyGo’s Privacy Policy, your use of the Website or Mobile App, or any BillyGo service or product.

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