Terms of Service
Effective Date: This Terms of Service was last updated on 05/20/2018
BSM Vault, LLC (“Provider”) agrees to furnish services to the subscriber of services (“Client”), subject to the following TOS (“Terms of Service”).
The provider reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether BSM Vault, LLC has revised this TOS by noting the “Effective Date” above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
Payments and Fees
Establishment of this service is dependent upon receipt by BSM Vault, LLC of payment of stated charges. Subsequent payments are due on the 1st day of each month. The accepted methods of payment are credit cards (Visa, Discover, MasterCard and American Express). Clients are responsible for any additional transaction fees that coincide with any payment methods.
By placing order on our secure order form, Client indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person placing the order is an individual working for Client (“Agent”), such person is agreeing to the terms and conditions of this Agreement on behalf of Client and certifies that he/she is an Agent of Client and has all necessary authority to act on Client’s behalf, including to bind Client to the terms and conditions of this Agreement.
If Client does not agree to the terms of the Agreement, Client is not granted any rights whatsoever in the Service. If Client is not willing to be bound by these terms and conditions, Client should not place an order with BSM Vault, LLC, and may not access or otherwise use the Services.
The Services are licensed on a monthly subscription basis, as selected by Client or its agent. Access to the Service will begin (i) after your acceptance of this Agreement and after BSM Vault, LLC receives and processes all the information, including the credit card or bank account information requested by the online payment form and completes setup of Client’s account. Client or its agent completing the online payment form must have a valid credit card or a valid debit card with a Visa, Discover, MasterCard, or American Express logo (“Card”) or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain access to the Service. The payment information Client or its agent provides must be accurate and complete, and Client agrees to notify us promptly of any change in the payment information. When Client subscribes and provides payment information, Client’s or its Agent’s (as applicable) Card or bank account will be debited, and will be automatically re-debited at the at the same time every month (“Renewal Term”) at the then-current subscription rate to maintain access to the Service.
The provider reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the Client’s services or their entire account with the provider.
Final month of term is not pro-rated. Accounts are transferable to others provided you get written acceptance of the transfer from BSM Vault, LLC prior to transfer. If cancelled by client after recurring monthly payment, no refund will be due and Provider agrees to perform services through the end of the period in which payment has already been collected.
Cancellation requests are accepted through email (send cancellation request to email@example.com). Charges will not be pro-rated upon account cancellation. You must have all account information to cancel an account. Only the authorized account holder may cancel the account.
Refunds and Disputes
All payments to BSM Vault, LLC are non-refundable. This includes prepayment fees, and subsequent charges regardless of usage. Client shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by the provider according to the terms herein. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
We reserve the right to refuse service to anyone at any time for any reason.
The provider is not responsible for data integrity.
Anything not explicitly stated in this TOS is subject to interpretation at the sole and absolute discretion of BSM Vault, LLC.
You agree to defend, indemnify and hold harmless BSM Vault, LLC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to BSM Vault, LLC services, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any content that is submitted via your BSM Vault, LLC Account including without limitation misleading, false, or inaccurate information; (f) your willful misconduct; or (g) any other party’s access and use of BSM Vault, LLC services with your unique username, password or other appropriate security code.
BSM Vault, LLC is provided on an “as is” and “as available” basis. Use of BSM Vault, LLC is at your own risk. To the maximum extent permitted by applicable law, BSm Vault, LLC is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from BSM Vault, LLC will create any warranty not expressly stated herein. Without limiting the foregoing, BSM Vault, LLC, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that BSM Vault, LLC services will meet your requirements; that BSM Vault, LLC services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that BSM Vault, LLC services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of BSM Vault, LLC is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of BSM Vault, LLC.
Further, BSM Vault, LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through BSM Vault, LLC or any hyperlinked website or service, and BSM Vault, LLC will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Federal law, some states, provinces and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall BSM Vault, LLC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, any service provided by BSM Vault, LLC. Under no circumstances will BSM Vault, LLC be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of your account or the information contained therein.
To the maximum extent permitted by applicable law, BSM Vault, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from BSM Vault, LLC; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through BSM Vault, LLC; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall BSM Vault, LLC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to BSM Vault, LLC hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BSM Vault, LLC has been advised of the possibility of such damage.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
Please direct all questions regarding this TOS to firstname.lastname@example.org