Terms and Conditions

SUBSCRIBER AGREEMENT: PLEASE READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE BY CLICKING THE “I AGREE TO THE TERMS OF USE AND PRIVACY POLICY” BUTTON AT THE BOTTOM OF THIS WEB PAGE. ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU ARE BOUND BY THE TERMS OF THIS AGREEMENT AND ANY AMENDMENTS THERETO AFTER THIS DATE.

This Agreement is between you, the subscriber (“Subscriber”), and LT3 Innovations Inc. DBA Bdollar$mart. (“ Bdollar$mart”). Bdollar$mart agrees to provide Subscriber with access to those portions of its Website restricted only to those persons who have assented to the terms of this Agreement (“Subscribers”). Subscriber agrees to pay the Subscription Fee to Bdollar$mart according to the terms of this Agreement, the Subscriber Payment Agreement.

1. Definitions.

1.1 “Bdollar$mart Website” means the Website located at the URL http://BdollarSmart.com and includes the entirety of both the Bdollar$mart Subscription Site and Bdollar$mart Public Website.

1.2 “Bdollar$mart Subscription Website” means that portion of the Bdollar$mart Website which is restricted to the use of its Subscribers.

1.3 “Bdollar$mart Public Website” means that portion of the Bdollar$mart Website which is available for use by any person, or any Subscriber, which accesses it.

1.4 “Acceptance” means that the Subscriber has accepted the terms of this Agreement and has manifested said acceptance by clicking on the “I agree to the Terms of Use and Privacy Policy” button at the bottom of this Agreement.

1.5 “Subscribers” means those persons or entities who have assented to the terms of this agreement and the Subscriber Payment Agreement whereby they have been granted access to the Bdollar$mart Subscription Website.

1.6 “User Name” means the email address the Subscriber uses, along with the Password, to Bdollar$mart, which allows him/her to gain access to the Bdollar$mart Subscription Website.

1.7 “Password” means the password the Subscriber shall provide after initial login, along with the Email Address, to Bdollar$mart, which allows him/her to gain access to the Bdollar$mart Subscription Website.

1.8 “Subscriber Payment Agreement” is the payment plan in which the Subscriber agrees to pay Bdollar$mart for access to the Bdollar$mart Subscription Site.

1.9 “Information Entry Page” means the Web page that shall be downloaded to Subscriber’s computer after Subscriber accepts this Agreement.

2. Bdollar$mart’s Duties.

2.1 Bdollar$mart’s Services. Bdollar$mart is an online provider of a financial tool to help Financial Professionals assist their clients. Bdollar$mart’s information product is distributed by the Internet and is available to both Subscribers of the Bdollar$mart Subscription Website and the general public through the Bdollar$mart Public Website.

2.2 Privacy of Subscriber’s Information. Bdollar$mart shall not disclose to third parties who are not affiliated any personal information which Subscriber forwards to Bdollar$mart through the Information Entry Page. The information which the Subscriber forwards to Bdollar$mart through the use of the Information Entry Page shall be used solely by Bdollar$mart for the purposes of billing, advertising, notifying Subscriber of any changes to this Agreement, the Bdollar$mart Subscription Website, or any other purpose which Bdollar$mart deems necessary to carry out its duties under this Agreement.

2.3 Information Provided on the Bdollar$mart Subscription Site. Bdollar$mart shall provide its Subscribers with an information product on the Bdollar$mart Subscription Site that is unavailable to those persons who are not Subscribers.

2.4 Unauthorized Access. In the event that Subscriber determines that another party has gained access to Subscriber’s Password and User Name, or has determined that another has wrongfully accessed the Bdollar$mart Subscriber Website using Subscriber’s Password and User Name, Bdollar$mart shall issue a new temporary Password to Subscriber and shall delete the old account.

2.5 Availability of Access. Bdollar$mart shall notify Subscriber by posting or e-mail of scheduled maintenance or upgrade work which may make the Bdollar$mart Subscription Website unavailable for periods of time greater than two (2) hours. Bdollar$mart does not warrant that the Bdollar$mart Subscription Website will be available to Subscriber on a continual twenty-four-hour basis.

These Terms are an integral part of the Terms of Use that apply generally to the use of our Technology and Site.

1. Use of the Technology and Site.

Bdollar$mart grants User a nonexclusive, non-transferable, royalty-free license without the right to sublicense, to use the Technology and Site, and User agrees to utilize the Technology and Site for purposes internal to the User only. User agrees the Technology is a standalone program and not associated with any specific financial company, institution or marketing firm involved with financial products. The sole purpose of the Technology to create bullet points of interest and facilitate a conversation around personal finances.

2. Electronic Delivery.

By accepting these Terms, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Site.

3. Subscriber’s Duties.

3.1 Payment. Subscriber agrees to pay Bdollar$mart a fee in an amount set forth in the Subscriber payment site. Subscriber agrees to either (a) or (b) below depending upon the payment chosen in the Subscriber Payment Site. (Some subscribers will only have one payment option available to them)

3.1 (a) Monthly. If monthly payment is chosen, subscriber shall pay a monthly fee to Bdollar$mart during the course of this Agreement. Subscriber acknowledges that monthly fee is charged automatically on a recurring basis until subscriber cancels their subscription. Subscriber is solely responsible for properly canceling your account. Subscriber shall provide Bdollar$mart with a credit card number, as stipulated on the Information Entry Page, to which Bdollar$mart shall bill the monthly fee on the same day of every month during the course of this Agreement. Bdollar$mart reserves the right to increase the monthly fee and shall notify Subscriber no less than thirty (30) days of the date of the change of the monthly fee should Bdollar$mart decide to alter the monthly fee.

3.1 (b) Annual. If annual payment is chosen, subscriber shall pay an annual fee to Bdollar$mart during the course of this Agreement. Subscriber acknowledges that annual fee is charged automatically on a recurring basis until subscriber cancels their subscription. Subscriber is solely responsible for properly canceling your account. Subscriber shall provide Bdollar$mart with a credit card number, as stipulated on the Information Entry Page, to which Bdollar$mart shall bill the annual fee on the same day of every year during the course of this Agreement. Bdollar$mart reserves the right to increase the annual fee and shall notify Subscriber no less than thirty (30) days of the date of the change of the annual fee should Bdollar$mart decide to alter the annual fee.

3.1 (c) Length of Agreement. The parties agree that Subscriber may determine the length of the term of this Agreement. Subscriber shall indicate his\her assent to this Agreement by allowing Bdollar$mart to charge Subscriber’s credit card on either a monthly or annual basis according to the payment terms selected on the Subscriber Payment Site. Subscriber shall notify Bdollar$mart in writing, by phone, or by e-mail of Subscriber’s desire to terminate this Agreement before the next scheduled billing date. Bdollar$mart does reserve the right to terminate this Agreement immediately without notice should Subscriber violate the Rules of Conduct. Bdollar$mart reserves the right to terminate this Agreement for any reason at Bdollar$mart’s discretion, provided that Bdollar$mart shall by email notify Subscriber of its intent to terminate this agreement no less than thirty (30) days in advance of when the agreement would terminate.

3.1 (d) Refunds. If monthly payment is chosen, you are entering into a monthly subscription contract that automatically renews every month unless canceled before the next payment date. If annual payment is chosen, you are entering into a yearly subscription contract that automatically renews every 12 months unless canceled before the next payment date. You are solely responsible for paying for the entire subscription and for canceling the account before the next scheduled payment date. If Subscriber provides notice of cancellation after the subscription has renewed, but within 7 days of the payment date, Bdollar$mart will provide a full refund minus a $5 processing fee. No refund, prorate, or discount will be issued if the cancellation request is received more than 7 days after the payment date, and subscriber will retain full access to its benefits until it expires.

3.1(e) Credit card declines. If a credit card payment is declined for a renewal period, Bdollar$mart will continue to retry for payment, if allowed by the credit card vendor, 4-5 times throughout 45 days. If the credit card cannot be processed within 7 days, then the subscription will be suspended with no account access being allowed until payment is successful. Bdollar$mart shall have the right to cancel the subscription if the payment on the account is more than 30 days delinquent.

3.2 Rules of Conduct. Subscriber agrees to abide by the Rules of Conduct.

3.3 Information Entry Page. Subscriber shall enter and forward to Bdollar$mart truthful and factually accurate information on the Information Entry Page. Subscriber shall provide credit card information on a third-party website which is not owned or maintained by Bdollar$mart for payment under the Subscription Payment Agreement.

3.4 Intellectual Property Ownership. Subscriber recognizes that the entire content of the Bdollar$mart Website is Bdollar$mart’s copyrighted and trademarked intellectual property. Subscriber shall not copy or distribute any copyrighted or trademarked material presented on the Bdollar$mart Website.

3.5 Availability of Access. Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from the Bdollar$mart Subscription Website and shall not hold Bdollar$mart liable for delays which are ordinary in the course of Internet use. Subscriber recognizes that the Bdollar$mart Subscription Site shall not be available on a continual twenty-four-hour basis due to such delays and due to delays caused by Bdollar$mart’s upgrading, modification, or standard maintenance of the Bdollar$mart Subscription Website.

4. Length of Agreement. The parties agree that the length of this Subscriber Agreement shall determine the length of the Subscriber Payment Agreement.

5. Bdollar$mart is for educational and training purposes only. Subscriber agrees that this is simply a tool that accelerates meaningful dialogue and saves time. It is not meant to do anything beyond this mission. Subscriber understands that these talking points created during the process may or may not ultimately apply to everyone. Bdollar$mart is NOT a tax planning or Investment advice tool. Subscriber assumes full responsibility in order to verify the suitability of any program and confirm with absolute certainty whether or not it applies to Subscriber’s clients.

6. Information Entry Page. Subscriber shall be prompted to enter the following information on the Information Entry Page after indicating Acceptance to this Agreement. The Information Entry Page shall request the following information:

The Information Entry Page shall also ask Subscriber to enter voluntary information which shall be used solely for the purposes of determining the profiles of Bdollar$mart’s Subscribers. This information shall not be forwarded to any third parties as per Paragraph 2.2. 

7. Choice Of Law. This Agreement shall be construed and controlled by the laws of the State of Kansas. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of Kansas.

8. Indemnification. Bdollar$mart shall not undertake to resolve any disputes or litigation on Subscriber’s behalf involving the use of the services described herein, and Subscriber agrees that it shall indemnify, hold Bdollar$mart harmless and defend Bdollar$mart against any disputes involving the use of the Bdollar$mart Subscription Website.

9. Disclaimers. Subscriber acknowledges that Bdollar$mart does not claim to be associated or approved by any investment company, bank, brokerage firm, or financial institution. The services provided by Bdollar$mart are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO SUBSCRIBER OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) TITLE; 8) MARKETABILITY; 9) PROFITABILITY; 10) SUITABILITY; AND/OR 11) ANY TYPE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SUBSCRIBER AGREES THAT ANY EFFORTS BY Bdollar$mart TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY Bdollar$mart WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. SUBSCRIBER FURTHER AGREES THAT Bdollar$mart SHALL NOT BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF Bdollar$mart WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Subscriber. In such jurisdictions, Bdollar$mart’s liability is limited to the greatest extent permitted by law.

10. Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto.

11. Knowing Consent and Authority to Consent. The parties knowingly and expressly consent to the foregoing terms and conditions. Each party is authorized to enter into this Agreement on behalf of its respective party.

12. Notification of Claimed Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Bdollar$mart designates the following individual as its agent for receipt of notifications of claimed copyright infringement. 

By Mail: LT3 Innovations Inc.

6801 W. 121st Street Suite 106

Overland Park, KS 66209

By Email: Legal@bdollarsmart.com

13. Dispute Resolution and Binding Arbitration.

(a) YOU AND BDOLLAR$MART ARE AGREEING TO GIVE UP ANY RIGHTSTO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE TECHNOLOGY OR SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BDOLLAR$MART WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced. 

14. Rules of Conduct.

Bdollar$mart will not tolerate certain behavior from Subscribers.

Bdollar$mart reserves the right to terminate this agreement with Subscriber without notice should Subscriber violate these Rules of Conduct.

15. Right to unilaterally Modify Agreement. Bdollar$mart at any time may modify this Agreement, and such modification shall be effective once Bdollar$mart sends an email notification to Subscriber of the modification to the last email address supplied by the Subscriber. The email notification shall contain a link to allow Subscriber to access the modified agreement. 

[THE “I AGREE TO THE TERMS OF USE AND PRIVACY POLICY” BUTTON. THIS BUTTON SHALL THEN DOWNLOAD THE INFORMATION ENTRY PAGE TO THE SUBSCRIBER’S COMPUTER]