Terms of Service

By using the Viva La Budget and Finance investment or mortgage calculator application  (the “Application”) or visiting www.vivalabudgetandfinance.com (the “Site”), you are accepting these “Terms of Use.” Viva La Budget and Finance, LLC (“VLBF,” “we,” “us, “our”) is committed to protecting the privacy of users of the Site, the Application, and our Services. These Terms of Use apply to the Site, the Application, and all products and services offered by VLBF (“Services”).

Who Can Access the Site:

To access the Site or the Application, you must be: (i) at least 18 years old, and (ii) a resident of the United States. Minors (persons under the age of 18) are not eligible to use the Site or the Application unsupervised and we ask that minors do not access or use the Site or the Application or submit any Personal Identification Information (“PII”) to us. PII is any information that can be used to individually identify you. We will collect personal identification information from Users, only if they voluntarily submit such information to us. Users can always refuse to supply PII, while knowing any omission of PII may prevent them from engaging in certain Site or Application related activities. We collect PII such as your name, email address, billing address, phone number, instant messaging ID, credit card information, and other payment information, among other information to better assist the User. Please see our Privacy Policy for more information on PII.

By using the Site or the Application unsupervised, and/or registering for an account, you warrant that you are 18 years of age or older. Subject to the restrictions set forth in these Terms of Use, you may copy information from the Site or the Application only as necessary for your personal use to view, save, print, fax and/or email such information.

License and Additional Use Restrictions:

VLBF grants you a limited license to access and make use of the Site or the Application for the purposes permitted hereunder. You agree to not use the Site or the Application in any way that is unlawful, or that harms VLBF, its service providers, suppliers or any other User. You agree to not use the Site or the Application in any way that breaches the Terms of Use set forth below or any other policy or notice relating to the Site or the Application. You agree to not impersonate another person or misrepresent your affiliation with another person or entity. Except as expressly stated herein, these Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Site or the Application on third-party Web sites or otherwise. Crawling the Site or the Application is allowed for inclusion in web search engine results only. Webscraping, downloading or webcrawling of any data for inclusion in another search site, content aggregator, or any other purpose is strictly forbidden without VLBF’s express prior written consent. You may not use any meta tags or any other “hidden text” utilizing VLBF’s name or trademarks without our express prior written consent.

We may, from time to time in our sole discretion and without notice, modify, update, or discontinue the Site or the Application. Any unauthorized use of the Site or the Application terminates the permission or license granted to you by VLBF. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site or the Application so long as the link does not portray VLBF, its affiliates, or Services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any VLBF logo or other proprietary graphic or trademark as part of the link, or for any other purpose, without VLBF’s express prior written consent.

Intellectual Property:

All content on the Site and the Application, including but not limited to editorial articles and guides, blog posts, company background information, emails, user reviews, and other data compilations, as well as graphics, logos and software, is the property of VLBF or its content or software suppliers, and is protected by United States and international copyright laws.

Except as otherwise expressly provided in these Terms of Use, no content may be copied without the expressed written permission of VLBF, which reserves all rights. The compilation of all content on the Site and the Application is the exclusive property of VLBF and protected by U.S. and international copyright laws. Copying or adapting the HTML that VLBF creates to generate its pages is prohibited. The HTML code also is covered by VLBF copyright.

Among the trademarks, service marks and trade dress owned by VLBF are: the company name, company logos, and the “look” and “feel”, including the color combinations, button shapes, layout, and all graphical elements of the Site and the Application. Any use of our trademarks, including company logos, requires our permission. Please direct your inquiries by clicking the following link: Contact Us.

Our trademarks and trade dress may not be used in connection with any product or service that is not VLBF’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits VLBF. All other trademarks not owned by VLBF or its affiliates that appear on the Site and the Application are the property of their respective owners, who may or may not be connected to, or sponsored by VLBF or its affiliates.

We do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names.  You agree to not send any original creative artwork, samples, demos, or other works to VLBF or any of its principals, agents, or representatives.  The sole purpose of this policy is to avoid potential misunderstandings or disputes when the Site or the Application or marketing strategies might seem similar to ideas submitted to VLBF.  If, despite our requirement that you not send us your ideas and materials, and you still send them, please understand that VLBF makes no assurances that your ideas and materials will be treated as confidential or proprietary.

Disclaimer of Warranties and Limitation of Liability

THE SITE AND THE APPLICATION ARE PROVIDED BY VLBF ON AN “AS IS” AND “AS AVAILABLE” BASIS. VLBF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE OR THE APPLICATION, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. IN ADDITION, SOME OF THE MATERIAL ON THE SITE OR THE APPLICATION IS PROVIDED BY THIRD PARTIES; VLBF SHALL NOT BE RESPONSIBLE FOR ANY SUCH THIRD-PARTY MATERIAL. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR THE APPLICATION IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, VLBF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS. VLBF DOES NOT WARRANT THAT THE SITE, THE APPLICATION, ITS SERVERS, OR EMAIL SENT FROM VLBF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL VLBF BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR THE APPLICATION, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY SET FORTH BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (I) BREACH OF CONTRACT, (II) BREACH OF WARRANTY, (III) NEGLIGENCE, OR (IV) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IN ANY EVENT, UNDER NO CIRCUMSTANCE WILL VLBF’S LIABILITY EXCEED THE SUM OF ANY PAYMENTS RECEIVED BY VLBF FROM YOU.

IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENT INCLUDED WITHIN THE SITE, THE APPLICATION OR THESE TERMS OF USE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE OR THE APPLICATION.

Investing Risk:

VLBF is not a registered investment, legal or tax advisor nor a broker/dealer. All investment/financial opinions expressed on this Site or Application are based on personal research and experience and are intended as educational material only, and not personalized investing advice. Although best efforts are made to ensure that all information is accurate and up to date, occasionally unintended errors and misprints may occur. Additionally, any advice given may not be the best advice for all User’s financial situations. Investing involves risk. Invest at your own risk. None of the content published on www.vivalabudgetandfinance.com constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. VLBF will not advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.

Indemnity:

You agree to indemnify and hold harmless VLBF, its affiliates, and their respective directors, officers, employees, and agents from any and all causes of action, claims, costs, damages, demands, expenses (including reasonable legal expenses), liabilities and suits asserted by any third party due to or arising out of your breach of the Terms of Use, your use of the Site or the Application, or your violation of any law or the rights of a third party.

Changes; Discontinuance:

We reserve the right to change the terms of these Terms of Use at any time in our sole discretion. Any changes will be effective immediately upon posting the revised version of these Terms of Use to the Site or the Application. Your continued use of the Site or Application after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You further waive any right you may have to receive specific notice of any changes to these Terms of Use. You are responsible for regularly reviewing these Terms of Use. We may alter, suspend or discontinue the Site or the Application at any time to you and/or to others, without notice.

Release:

You release VLBF, its affiliates, and their respective directors, officers, employees and agents from all liability related to any and all claims and demands you may assert against any third party arising out of the Site or the Application. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Your Acceptance of These Terms:

By using the Site, the Application, or our Services you are accepting the practices and terms described herein as well as the Application’s Privacy Policy. If you do not agree to these Terms of Use, please do not use our Site, our Application, or our Services. Your continued use of the Site, Application, or Services following the posting of changes to this policy will be deemed your acceptance of those changes.

If you violate any of the above terms of use, or other applicable rules, regulations, or laws as it pertains to your use of the Site or the Application, VLBF retains the right to unilaterally terminate your profile in its sole discretion. By agreeing to these Terms of Use, you agree that venue for any dispute relating to this agreement will be in the state or federal courts located in Spokane County, Washington. The substantially prevailing party will be entitled to recover its attorneys’ fees and related costs from the non-prevailing party incurred in connection with the prevailing party’s efforts to enforce this Agreement, regardless of whether any action or proceeding is commenced. 

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