Per Diem Plus – Terms Of Service

Last Updated: September 10, 2015

IMPORTANT! PLEASE READ THESE TERMS OF USE CAREFULLY.

  1. ACCEPTANCE OF TERMS

      Welcome to Per Diem Plus (“App”). These Terms of Use together with Per Diem Plus, LLC’s (PDP) Privacy Statement (collectively the “Terms”) govern your use of this App. PDP reserves the right to update the Terms at any time, effective upon posting the modified Terms on the App. Your access to the App constitutes your acceptance of the Terms and the enforcement of said Terms. If you do not    agree to these terms and conditions, you may not use the App.

2. LICENSE AND ACCESS TO APP

            This App is protected by copyright, trademark and/or other intellectual property rights. Pursuant to these Terms, you are hereby granted limited, non-exclusive, non-transferable personal use of the App as long as you meet any applicable payment obligations. You may not modify any portion of it, except with the express written consent of PDP. The license to use the App does not include any resale or commercial use of the App or its contents.

3. ELECTRONIC REQUIREMENTS

            You are responsible for providing, at your expense, any access to the internet or mobile service and any required equipment.  PDP MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

  1. THE AVAILABILITY OF TELECOMMUNICATIONS SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
  2. ANY LOSS, DAMAGE OR OTHER SECURITY INTRUSIONS OF THE TELECOMMUNICATIONS SERVICES; OR
  3. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

4. REGISTRATION

In consideration of your use of the App, you agree to: (a) provide true, accurate,   current and complete information about yourself as prompted by the registration form, if applicable, and (b) to maintain and update this information to keep it true, accurate, current and complete. If any information is untrue, inaccurate, not current or incomplete, PDP has the right to terminate or suspend your use of the   App.

5. USER ID, PASSWORD AND SECURITY

            You will be issued a user ID and password during the registration process. You are responsible for maintaining the confidentiality of your user ID and password.  Furthermore, you are entirely responsible for any and all activities occurring under your user ID and password and for ensuring that all use of your account complies fully with these Terms. We cannot and will not be liable for any loss      that you may incur as a result of someone else using your user ID or password, either with or without your knowledge.

6. PRIVACY

            Your personal information and any data collected about you are subject to our Privacy Policy. Please review our Privacy Policy, which is incorporated herein by  reference, for disclosures relating to the collection and use of your information.  Data will be provided pursuant to a legal subpoena as required.

7. PROFESSIONAL ADVICE

            Use of this App does not constitute professional advice, nor will PDP provide  professional advice, with respect to the deductibility of per diem on your personal  income tax return, or other legal aspects of per diem, solely due to your use of the App. Consult your personal tax advisor when you need this type of assistance.

8. Payment for Services

            The App is licensed on a monthly or yearly subscription basis to the User that pays for the App. Payment for the App is made through Google Play and their payment terms apply. The following terms also apply regarding payment:

  1. If Google Play is unable to process your payment due to registration information not being accurate, current and complete, PDP may suspend or terminate your account and use of the App.
  2. Your monthly or annual subscription will automatically renew at the then-current rate, unless the App is cancelled or terminated under this agreement.

9. SUBSCRIPTION CANCELLATION

            You may notify Google Play if you wish to cancel the subscription prior to the beginning of the new subscription period in accordance with their cancellation terms.  In the event that a User’s chosen payment method is not able to be charged in accordance with this Agreement, we may terminate this Agreement and access to the App immediately, without notice.  If you stop using the App, PDP has fulfilled your subscription term.  Fees for the App are not eligible for any refund of unused subscriptions, even if access to the App is cancelled or terminated.  After your access to the App is terminated, you may no longer have access to any of the data or Content in the App.  We suggest you retain your own copies of any data or Content that you may need as PDP is not responsible for providing you    with access to your Content or the App after any cancellation or termination of this Agreement.

10. TRIAL VERSION

            If you registered for a trial use of the App, you will have access to the App for the specified period of the trial (“Trial Period“).  You must decide to purchase a license to the App within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a license to the App by the end of the Trial Period, you will not be able to access or             retrieve any of the data or Content you added to or created with the App during the trial.

11. Beta Features

            From time to time, we may include new or updated beta features in the App (Beta Features).  Beta Features may have associated fees, which will be disclosed to you at the time you choose to use the Beta Features.  Your use of any Beta Feature is voluntary. You understand that once you use a Beta Feature, you may be unable to revert back to a prior non-beta version of the same or similar feature.   Additionally, if such reversion is possible, you may not be able to return or restore     data created within the Beta Feature back to the prior non-beta version.  The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Beta Feature is at your sole risk.

12. DISCLAIMER OF WARRANTIES

            YOUR USE OF THIS APP IS AT YOUR OWN RISK. THIS APP IS   PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE    FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PDP, ITS   AFFILIATES AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS  OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF   FITNESS FOR A PARTICULAR USE, TITLE, DATA LOSS OR MERCHANTABIITY. PDP AND ITS SUPPLIERS DO NOT WARRANT THAT THE APP IS SECURE, FREE FROM INTERRUPTION, BUGS, VIRUSES, ERRORS OR THEFT.  

            PDP, ITS AFFILIATES AND THIRD PARTY PROVIDERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS, LAWS OR REGULATIONS ARISING OUT OF THE INPUT OF INACCURATE DATA.

13. LIMITATION OF LIABILITY

            TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE ENTIRE LIABILITY OF PDP, ITS AFFILIATES AND THIRD PARTY PROVIDERS UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE APP DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM.  IN NO EVENT SHALL PDP, ITS AFFILIATES AND THIRD PARTY PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL  DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS REVENUE, PROFITS OR INVESTMENT, OR USE OF HARDWARE OR SOFTWARE NOT MEETING THE APP REQUIREMENTS.

14. GOVERNING LAW

            These Terms and your use of this App shall be governed under the laws of the State of Missouri, USA, without regard to its conflict of law provisions and you consent to the personal and exclusive jurisdiction of such courts.

15. GOOGLE PLAY REQUIREMENTS

            If you downloaded the App from Google Play, the following apply:

  1. You acknowledge that these Terms are between you and PDP only, and not with Google Play. PDP, not Google Play is solely responsible for the App and the content thereof.
  2. The license granted to you for the App is a limited, non-transferable license to use the App on an Android product that you own or control and as permitted by the Rules contained in the Google Play Terms of Service.
  3. PDP, not Google Play, is solely responsible for providing any maintenance and support service with respect to the App. You acknowledge that Google Play has no obligation to furnish any maintenance or support services with respect to the App.
  4. Google Play provides no product warranties , whether express or implied. In the event the App is defective, you may notify Google Play and Google Play will refund the purchase price of the App.
  5. You acknowledge and agree that Google Play and its subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Google Play has the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

16. MISCELLANEOUS

            These Terms, including modifications from time to time, constitute the entire agreement between you and PDP with respect to your access to and use of this App and supercede any prior agreements, whether written or oral.

            Our failure to exercise or enforce any provision of these Terms shall not constitute a waiver of such provision. If any provision of these Terms is found by a court of competent jurisdiction to the invalid, the other provisions of these Terms shall remain in full force and effect.

            You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of this App or these Terms shall be  filed within one (1) year after such claim or cause of action arose or be forever barred.

17. DEVELOPER CONTACT INFORMATION

            Direct any questions, complaints or claims to: Per Diem Plus, LLC, P.O. Box 50104, St. Louis, MO 63105 or by telephone at 314-422-8605.

© 2015 Per Diem Plus, LLC. All rights reserved. Terms, features, support, pricing and service options subject to change without notice.

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