Sac Bill Tracker Terms of Use
Overview:
Welcome to Sac Bill Tracker! We are a subscription service that provides our members with access to legislative data ("Sac Bill Tracker content") provided over the Internet to certain Internet-connected computers and other devices ("Sac Bill Tracker ready devices").
You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Sac Bill Tracker service," "our service" or "the service" means the service provided by Sac Bill Tracker for consuming legislative data, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Sac Bill Tracker (except for matters that may be taken to small claims court).
Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain Sac Bill Tracker ready devices, you may need to visit www.sacbilltracker.com/termsofuse.php to review these hyperlinked terms.
- Acceptance of Terms of Use
- These Terms of Use, which include our Privacy Statement (www.sacbilltracker.com/privacy.php) govern your use of the Sac Bill Tracker service. By using, visiting, or browsing the Sac Bill Tracker service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Sac Bill Tracker service.
- The Sac Bill Tracker service is provided by JASOFT LLC.
- Changes to Terms of Use.Sac Bill Tracker may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (https://www.sacbilltracker.com.com) if there are prior Terms of Use they will be listed here.
- Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
- Communication Preferences. By using the Sac Bill Tracker service, you consent to receiving electronic communications from Sac Bill Tracker relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Sac Bill Tracker service, or Push Notifications and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Sac Bill Tracker. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Sac Bill Tracker features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click "unsubscribe".
- Membership, Free Trials, Billing and Cancellation
- Membership
- Ongoing Membership. Your Sac Bill Tracker membership, which may start with a free trial, will continue month-to-month or year-to-year depending on what you chose during purchase. It will automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Sac Bill Tracker service. We will bill the monthly or yearly membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing of the next month's or year's membership fees to your Payment Method.
- Free Trials
- Your Sac Bill Tracker membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Sac Bill Tracker reserves the right, in its absolute discretion, to determine your free trial eligibility.
- We do not require payment information fro the free trial. If your free trial expires, you will lose access to premium membership.
- If you signup for a yearly or monthly premium membership before your free trial ends, you forfeit any remaining days of that free trial.
- CLICK THE ACCOUNT ICON WITH YOUR ACCOUNT NAME LINK AT THE TOP OF ANY SAC BILL TRACKER MENUE PAGE IN APP TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
- Billing
- Recurring Billing. By starting your Sac Bill Tracker membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Sac Bill Tracker service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
- Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month or year (depending on which plan you chose) thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Sac Bill Tracker membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Tap on the account icon to see the Settings page and the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Payment Methods.If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
- Cancellation. You may cancel your Sac Bill Tracker membership at any time, and you will continue to have access to the Sac Bill Tracker service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Your Account" page in the app, or the device settings on your iOS device. If you cancel your membership, your account will automatically lose premium feature access at the end of your current billing period. To see when your account will close, click "Your Account" page. If you signed up for Sac Bill Tracker using your account with a third party as a Payment Method, and wish to cancel your Sac Bill Tracker membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the Sac Bill Tracker service through that third party. You may also find billing information about your Sac Bill Tracker membership by visiting your account with the applicable third party.
- Sac Bill Tracker Service
- The Sac Bill Tracker service and any content viewed through our service are for your personal and non-commercial use only. During your Sac Bill Tracker membership, we grant you a limited, non-exclusive, non-transferable, license to access the Sac Bill Tracker service and view Sac Bill Tracker content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances or commercial services.
- We continually update the Sac Bill Tracker service, including the features of the premium membership. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Sac Bill Tracker content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
- You agree to use the Sac Bill Tracker service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Sac Bill Tracker service without express written permission from Sac Bill Tracker and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Sac Bill Tracker service; use any robot, spider, scraper or other automated means to access the Sac Bill Tracker service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Sac Bill Tracker service; insert any code or product or manipulate the content of the Sac Bill Tracker service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sac Bill Tracker service, including any software viruses or any other computer code, files or programs.
- The availability of Sac Bill Tracker will change from time to time, and from country to country. The quality of the experience (response time, etc.) may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Sac Bill Tracker makes no representations or warranties about the quality of your experience on your display. The time it takes to begin using Sac Bill Tracker content will vary based on a number of factors, including your location, available bandwidth at the time, the Sac Bill Tracker you have saved and the configuration of your Sac Bill Tracker device.
- Sac Bill Tracker software is developed by, or for, JASOFT LLC and is designed to enable viewing and managing legislative data through Sac Bill Tracker ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (www.sacbilltracker.com/EULA.php) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE Sac Bill Tracker software AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Sac Bill Tracker software service. If your Sac Bill Tracker software ready device is sold, lost or stolen, please deactivate the Sac Bill Tracker software ready device. If you fail to log out or deactivate your device, subsequent users may access the Sac Bill Tracker software service through your account and may be able to access certain of your account information.
- We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
- Passwords & Account Access
- The member who created the Sac Bill Tracker software account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Sac Bill Tracker software account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Sac Bill Tracker software Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
- In order to provide you with ease of access to your account and to help administer the Sac Bill Tracker software service, Sac Bill Tracker software implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Sac Bill Tracker software service, which includes accessing via Sac Bill Tracker software ready devices or website.
- You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Sac Bill Tracker software website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Sac Bill Tracker software reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Sac Bill Tracker software is not obligated to credit or discount a membership for holds placed on the account by either a representative of Sac Bill Tracker software or by the automated processes of Sac Bill Tracker software.
- Disclaimers of Warranties and Limitations on Liability
- THE SAC BILL TRACKER SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SAC BILL TRACKER SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. SAC BILL TRACKER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SAC BILL TRACKER SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SAC BILL TRACKER SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, SAC BILL TRACKER READY DEVICES, AND SAC BILL TRACKER SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SAC BILL TRACKER, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Intellectual Property
- Copyright. The Sac Bill Tracker service is protected by copyright, trade secret or other intellectual property laws and treaties.
- Trademarks. Sac Bill Tracker is a registered trademark of JASOFT LLC.
- Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the Sac Bill Tracker service, please notify us by completing in app "Feedback" request.
- Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
- Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Sac Bill Tracker service. These Applications may import data related to your Sac Bill Tracker account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Sac Bill Tracker is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY Sac Bill Tracker AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
- Use of Information Submitted. Sac Bill Tracker is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Sac Bill Tracker service, including the Sac Bill Tracker website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Sac Bill Tracker service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Sac Bill Tracker does not accept unsolicited materials or ideas for Sac Bill Tracker content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Sac Bill Tracker. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Sac Bill Tracker and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Feedback section in the app.).
- Arbitration Agreement
- If you are a Sac Bill Tracker member in the United States (including its possessions and territories), you and JASOFT LLC agree that any dispute, claim or controversy arising out of or relating in any way to the Sac Bill Tracker service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Sac Bill Tracker are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Sac Bill Tracker membership.
- If you elect to seek arbitration or file a small claim court action, you must first send to Sac Bill Tracker, by certified mail, a written Notice of your claim ("Notice"). If Sac Bill Tracker initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Sac Bill Tracker, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Sac Bill Tracker and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Sac Bill Tracker may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
- The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Sac Bill Tracker and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Sac Bill Tracker last written settlement offer made before an arbitrator was selected (or if Sac Bill Tracker did not make a settlement offer before an arbitrator was selected), then Sac Bill Tracker will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND SAC BILL TRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sac Bill Tracker agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
- Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
Last updated: June 11, 2017