Please read these Terms and Conditions and Disclaimer (“Terms,” “Terms and Conditions”, “Disclaimer”) carefully before using the BeckerBALLOT website and software (the “Service”) operated by Shyft Marketing (“company,” “us,” “we,” or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
General Terms and Conditions
BeckerBALLOT.com does not provide legal advice. If you have questions about compliance or other legal requirements, please consult with your attorney.
Please review the below information carefully, and consult with your own attorney as to the meaning or effect of anything stated below.
Your access to and use of the BeckerBallot Software (“the Software”) is subject to the following terms, conditions, disclaimers, and all applicable law:
The Software is proprietary property of the law firm of Becker & Poliakoff, P.A. (the “Law Firm”) and may not be copied or reproduced in any form for any purpose without the express written consent of the Law Firm.
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
Technical support is provided via email, phone or online chat.
You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt, or change the Service.
You must not modify another website so as to falsely imply that it is associated with the Service or the Company.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of the Company.
We may, but have no obligation to, remove content and accounts that we determine in our sole discretion are unlawful or violate any party’s intellectual property or these Terms of Service.
Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any customer or employee will result in immediate account termination.
The Company does not warrant that (i) the Service will meet your specific requirements; (ii) the Service will be 100% uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the Service will be corrected.
You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from: (i) the use of or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and governs your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have their own logins under your account).
You may not use the Service for any illegal purpose or to violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Once you sign up, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be frozen and inaccessible until payment is made.
Any upgrade or downgrade in plan level will result in the new rate being charged at the next billing cycle. There will be no prorating for downgrades in between billing cycles.
Downgrading your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. Where required, the Company will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities.
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product or service is found, we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any overpayment made by you (as applicable).
We reserve the right to alter all product and service pricing without notice.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time within your account dashboard.
All of your content will be inaccessible from the Service immediately upon cancellation. Within 60 days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
The Company, at its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Copyright and Content Ownership
All content posted on the Service must comply with U.S. copyright law.
We claim no intellectual property rights over the material you provide to the Service. All materials uploaded remain yours.
The Company does not prescreen content, but reserves the right (but not the obligation) at our sole discretion to refuse or remove any content that is available via the Service.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of New Jersey, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.