iBillionaire Terms of Use

These terms of use (“Terms of Use”) are provided on behalf of iBillionaire and its affiliates (“we,” “us” and “our”). By using www.iBillionaire.com, including any pages thereof or the iBillionaire application (the “Platform”), you acknowledge that you have read, understand and agree to be bound by these Terms of Use, regardless of whether or not you are a registered user of our products or services (each a “Service” and collectively referred to as the “Services”). If you do not wish to be bound by these Terms of Use, you should not access or use the Site or Services. In addition to these Terms of Use, you may enter into other agreements with us, that will govern your use of the products and Services offered on the Platform. If there is any inconsistency between these Terms of Use and another agreement you enter into that is applicable to Service offered on the Platform, then the other agreement will take precedence as it applies to the Service.

Eligibility

The Platform is intended solely for users who are 18 years of age or older, and any registration or use of the Site by anyone under 18 is unauthorized and in violation of these Terms of Use. By using the Platform, you represent you are 18 or older and that you agree to and will abide by all of the terms and conditions of these Terms of Use. If you violate any of these Terms of Use, or violate any other agreement with us, we may terminate your registration and/or prohibit you from using or accessing our Services or the Platform.

Registrations and Applications

You may be presented with the opportunity to register or open an account through the Platform. When you register or apply, you agree to provide current, complete and accurate information about yourself. If any information you provide is untrue, inaccurate, not current or incomplete, we have the right to cancel your registration, reject any application you have submitted, terminate any agreement we have with you and restrict your future use of the Platform and our Services. We reserve the right to reject any registration and/or decline any application.

Your Account

To access our Services, you may be required to register and create an account on the Platform. You may not disclose your user name or password to any third party. If you learn of any unauthorized use of your password or account, please contact us immediately. You may be required to log-in in order to use certain parts of the Platform.

Restrictions on Use

You agree to abide by all applicable laws and regulations in your use of the Platform and our Services. In addition, you agree that you will not do any of the following:

  • register for more than one account, or register for an account on behalf of an individual other than yourself or on behalf of any group or entity;
  • post or otherwise make available content, or take any action on the Platform, that may constitute libel or slander or that infringes or violates someone else’s rights or is protected by any copyright or trademark, or otherwise violates the law;
  • post or otherwise make available content that in our judgment is objectionable, such as content that is harmful, threatening, inflammatory, obscene, fraudulent, invasive of privacy or publicity rights, hateful or otherwise objectionable; that restricts or inhibits any other person from using or enjoying the Site; or that may expose us or our users to any harm or liability of any type;
  • post or otherwise make available any unsolicited or unauthorized advertising, solicitations or promotional materials, or any other form of solicitation;
  • use the information or content on our Platform to send unwanted messages to any other user;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • post or otherwise make publicly available on the Platform any personal or financial information of any third party;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • use the Platform or our Services in any manner that could damage, disable, overburden or impair the Platform;
  • harvest or collect email addresses or other contact information of our users from the Platfrom by electronic or other means, including via the use automated scripts; or
  • post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Copyright Complaints

If you believe that any material on the Platform infringes upon any copyright that you own or control, you may send a written notification to us via regular mail at iBillionaire, 154 Grand St, New York, NY 10013. In your notification, please:

  • confirm you are the owner, or authorized to act on behalf of the owner, of the copyrighted work that has been infringed;
  • identify the copyrighted work or works you claim have been infringed;
  • identify the material that you claim is infringing or is the subject of infringing activity and that is to be removed (please include information reasonably sufficient to permit us to locate the material);
  • provide your contact details, including an email address; and
  • provide a statement that the information you have provided is accurate and that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

Changes and Modifications

We reserve the right to temporarily or permanently modify or discontinue the Platform, or any portion of the Platform, for any reason, without notice to you. We may also change these Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.

Links

We are not responsible for the information practices employed by sites linked to or from our website. In most cases, links to third-party websites are provided solely as pointers to information on topics that may be useful to our users. Since third-party websites may have different privacy policies and/or security standards governing their sites, we advise you to review the privacy policies and terms and conditions of these sites prior to providing any personal information.

No Warranty; Errors; Disclaimers

The Platform and our products and Services are provided “as is” and without any representation or warranty, whether express, implied or statutory. Calculators and tools on the Site provide you with estimates that may be different than actual amounts. You agree that we may promptly correct any error that we discover, including any error in performance or returns. ALTHOUGH WE WILL USE REASONABLE EFFORTS TO PROVIDE AN ACCURATE PLATFORM/SERVICES, ALL ASPECTS THEREOF ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND THIRD-PARTY SUPPLIERS (COLLECTIVELY, THE “IBILLIONIARE PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, THE SERVICES, ANY DOCUMENTATION PROVIDED OR MADE AVAILABLE TO YOU AND ANY OTHER PRODUCTS AND RELATED MATERIALS AND/OR SERVICES PROVIDED TO YOU BY ANY OF THE IBILLIONAIRE PARTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (I) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION AND WORKMANLIKE EFFORT; (II) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE OR THE SERVICES OR ANY ASPECT THEREOF; (III) ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (IV) RELATING TO THE SITE OR SERVICES CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY IBILLIONAIRE PARTY; AND (V) THAT ACCESS TO OR USE OF THE SITE AND/OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND/OR SERVICES IS AT YOUR OWN RISK AND THE IBILLIONAIRE PARTIES MAKE NO WARRANTIES. THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS OF USE.

Limitation of Liability

You agree that all access and use of the Platform and its contents and your use of the Services is at your own risk. Neither we nor any third party involved in creating, producing or delivering the Platform and/or the Services has or will have any responsibility for any consequences relating, directly or indirectly, to any action or inaction that you may take based on the Site and/or the Services, or any aspect thereof. WE WILL NOT BE HELD LIABLE FOR ANY DEFECTS, FAULTS, INTERRUPTIONS OR DELAYS IN THE OPERATION OR TRANSMISSION OF ANY PRODUCT, AND/OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED IN THE PLATFORM AND/OR THE SERVICES. UNDER NO CIRCUMSTANCES WILL ANY OF THE IBILLIONAIRE PARTIES BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF, BASED ON, RESULTING FROM OR IN CONNECTION WITH THE PLATFORM AND/OR THE SERVICES OR ANY PRODUCTS, THESE TERMS OF USE OR YOUR USE OR INABILITY TO USE ANY OF THE FOREGOING, EVEN IF THE IBILLIONAIRE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OF THESE LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR FORM OF ACTION, WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION ARISING OUT OF OR PERTAINING TO THESE TERMS OF SERVICE MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.

Indemnity

You agree to indemnify, defend and hold harmless the iBillionaire Parties from and against any and all third-party actions, suits, claims and/or demands and any associated losses, expenses, damages, costs and other liabilities (including reasonable attorneys’ fees), arising out of or relating to your (and your users’) submitted content, use or misuse of any aspect of the Services or the Platform, or your violation of these Terms of Use. You will cooperate as fully as reasonably required in the defense of any such claim or demand. We and any third party involved in creating, producing or delivering the Platform and/or the Services reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, and you will not in any event settle any such matter without our prior written consent and that of any such third party.

Intellectual Property

You agree that iBillionaire, www.iBillionaire.com and all logos related to our products and Services are our or our licensors’ trademarks or registered trademarks. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress. You may not copy, imitate or use them without our prior written consent. All right, title and interest in and to the Platform, any content thereon, our products and Services, the technology related to our products and Services, any and all technology and any content created or derived from any of the foregoing are our or our licensors’ exclusive property.

Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of New York, without regard to its provisions relating to conflict of laws. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Your obligations under these Terms of Use are binding on your successors, legal representatives and assigns. You may not assign or transfer (by operation of law or otherwise) your right to use the Platform and/or the Services or any aspect thereunder, in whole or in part, without our prior written consent.

Questions

Please contact us via email at support@ibillionaire.com with any questions regarding these Terms of Use.