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(E ) The following terms and conditions (the “Customer Terms”) govern all access to and use of this website and any related sites and applications (the “Platform”). These Customer Terms also apply to any services made available by Company through the Platform (referred to herein collectively with the Platform as the “Services”). Certain Services are offered subject to additional specific terms or agreements that are provided in association with the applicable Services (“Supplemental Terms”), and nothing in these Customer Terms are intended to limit such additional agreements. Company’s privacy policy located at www.billsaveusa.com/privacy (the “Privacy Policy”) describes how we collect and use personal and non-personal information when you use the Services, and should be read together with these customer Terms. These customer Terms along with the Privacy Policy and any applicable Supplemental Terms, each of which are incorporated herein by reference, form the entire agreement (the “Agreement”) that governs Company’s relationship with any individual or business customer that accesses, uses, requests, or receives the Services (referred to herein as “you” or “Customer”).
1.The Services are made available to you only on the condition that you agree to be bound by the current Agreement. If you do not agree, do not access or use the Services. You may only use the Services in compliance with this Agreement and all applicable laws, rules, and regulations. If you reside in a jurisdiction that restricts the use of internet-based applications or the ability to enter into agreements such as this Agreement according to age or for any other reason, and you are under such age limit or subject to such other restriction, you are not permitted to use the Services. By using the Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification. You are also agreeing that we may use information collected through your use of the Services in accordance with the Privacy Policy. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so. You further understand that by selecting Services for purchase, entering your personal information where prompted, and indicating acceptance of the Agreement online, you are submitting an electronic signature and entering into a legally binding contract with Company for the purchase of such Services.
2.We may modify the Agreement from time to time by notifying you of such modifications by any reasonable means, including by posting the revised version on the Platform. Your continued use of the Services after any such changes indicates your acceptance of the modifications. You should check these customer Terms regularly to review the current version. Note that any such modifications will not apply retroactively to any dispute between you and billsaverusa.com arising prior to the date on which we posted the revisions or otherwise notified you of the changes.
3. PLEASE NOTE: By entering into this Agreement, you are agreeing that any dispute or claim arising out of or relating to this Agreement or the Services shall be resolved by final and binding arbitration in accordance with Section 12 of these customer Terms titled “Dispute Resolution”. Please be certain that you understand this requirement and discuss any concerns with your attorney. Your Authorization.
1. By signing up for our Services and submitting your personal information, you are granting Company and Company’s agents permission to negotiate with your Providers on your behalf. You hereby acknowledge and agree that we are authorized to use the information you provide to communicate with the applicable Provider, make changes to your account(s) with the Provider, and to modify or cancel the services and/or features that you receive from the Provider, in accordance with this Agreement. This means that if you request Bill Reduction Services, you expressly consent to any changes that we make to your account in order to reduce your bill as long as the changes do not reduce the features or quality of the products you receive from the Provider. We may add discounts, credits, or promotions to your account, extend the term of your contract, or add features or improve the quality of the products you receive without obtaining additional permission or consent from you to make such changes as long as the changes reduce your bill. If you wish to place any limitations on our ability to make changes, you must communicate those restrictions to billsaverusa.com when you sign up for the Services in the manner we specify or no such limitations shall apply. After the Services have been completed, your Provider may limit your ability to revert to a prior plan.
2. Your Provider may require your verbal confirmation or additional information to verify that we are acting as your agent. If this is the case, we won’t be able to perform the Services until you provide the additional information or confirmation in accordance with the method required by the Provider. In some instances it may be necessary for our agents to represent to the Provider that they are the account holder in order to perform the Services, and you consent to such representation for the sole purpose of performing the Services.
3. Please remember that you may not sign up for Services unless you have the authority to make changes to the applicable account with the Provider and to grant that authority to Company. By requesting Services you represent and warrant that you have such authority. If you are not the account holder and you sign up for Services as an authorized representative of the account holder, you will be jointly and severally liable with the account holder for the fees incurred for the Services you request. You will be personally liable for all fees incurred or damages that result from signing up for Services without proper authorization, and also agree to indemnify billsaverusa.com for any damages we may incur as a result. Agreement.
1. The following terms and conditions (the “Customer Terms”) govern all access to and use of this website and any related sites and applications (the “Platform”). These Customer Terms also apply to any services made available by Company through the Platform (referred to herein collectively with the Platform as the “Services”). Certain Services are offered subject to additional specific terms or agreements that are provided in association with the applicable Services (“Supplemental Terms”), and nothing in these Customer to limit such additional agreements. Company’s privacy policy located at www.billsaverusa.com/privacy (the “Privacy Policy”) describes how we collect and use personal and non-personal information when you use the Services, and should be read together with these customer Terms. These customer Terms along with the Privacy Policy and any applicable Supplemental Terms, each of which are incorporated herein by reference, form the entire agreement (the “Agreement”) that governs Company’s relationship with any individual or business customer that accesses, billsaverusa.com, requests, or receives the Services (referred to herein as “you” or “Customer”).
2. The Services are made available to you only on the condition that you agree to be bound by the current Agreement. If you do not agree, do not access or billsaverusa.com the Services. You may only use the Services in compliance with this Agreement and all applicable laws, rules, and regulations. If you reside in a jurisdiction that restricts the use of internet-based applications or the ability to enter into agreements such as this Agreement according to age or for any other reason, and you are under such age limit or subject to such other restriction, you are not permitted to use the Services. By using the Services, you are representing that you have the legal capacity and authority to enter into this Agreement, and that you have reviewed, understand, and accept this Agreement without limitation or qualification. You are also agreeing that we may use information collected through your use of the Services in accordance with the Privacy Policy. If you are accepting this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to do so. You further understand that by selecting Services for purchase, entering your personal information where prompted, and indicating acceptance of the Agreement online, you are submitting an electronic signature and entering into a legally binding contract with Company for the purchase of such Services.
3. We may modify the Agreement from time to time by notifying you of such modifications by any reasonable means, including by posting the revised version on the Platform. Your continued use of the Services after any such changes indicates your acceptance of the modifications. You should check these Customer Terms regularly to review the current version. Note that any such modifications will not apply retroactively to any dispute between you and billsaverusa.com arising prior to the date on which we posted the revisions or otherwise notified you of the changes.
4. PLEASE NOTE: By entering into this Agreement, you are agreeing that any dispute or claim arising out of or relating to this Agreement or the Services shall be resolved by final and binding arbitration in accordance with Section 12 of these Customer Terms titled “Dispute Resolution”. Please be certain that you understand this requirement and discuss any concerns with your attorney.
b. Disclaimers. 1. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SERVICES, AND (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR BILLSAVERUSA.COMAGE OF TRADE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR COMPANY’S REPRESENTATIVES, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY. 2. We do not represent or warrant that the Platform shall be without interruption, error-free, or completely secure. The Services are provided on an “as is” basis, “with all faults” and “as available” and your use of billsaverusa.com Services is at your own risk. If you download or upload any content from or to the Platform, you will be solely responsible for any damages incurred.
3. The Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters. Company’s representatives performing the Services are not authorized to provide any such advice or make any claims of guaranteed savings or representations of expected results on Company’s behalf. No written or verbal statement, by a representative of Company shall supplement or amend this Agreement. Company does not guarantee that any savings or particular outcome will be achieved through the Services.
c. Dispute Resolution. 1. The parties hereby agree that any dispute arising out of or relating to this Agreement, including the alleged breach, termination, validity, interpretation and performance thereof (a “Dispute”) shall be resolved with the procedures set forth herein. 1. Upon written notice of any Dispute, the parties shall promptly attempt to resolve it within sixty (60) days (or such other timeframe as the parties may agree) by negotiation between individuals who have authority to settle the Dispute (the “Negotiation”). All communications, both written and oral, during this Negotiation process are confidential and shall be treated as settlement negotiations for purposes of applicable rules of evidence; however, documents generated in the ordinary course of billsaverusa.com business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because billsaverusa.com they are billsaverusa.com in the Negotiation process. 2. Any Dispute not resolved through the Negotiation as set forth herein, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, shall be resolved by final and binding arbitration in accordance with the applicable rules of the American Arbitration Association (the “AAA Rules”) in effect at the time of the arbitration, and as modified herein. You may obtain information about the American Arbitration Association (“AAA”) and its procedures from the AAA’s website at www.adr.org or by calling them at 1-800-778-7879. a. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the Dispute, unless either party requests that the arbitration be conducted pursuant to the AAA’s in-person, telephonic, or on-line procedures. If the amount involved in the Dispute is less than $5,000, the arbitration will be conducted in the county of your last account address on file with Company. If the amount in dispute is $5,000 or more, the arbitration will be conducted in the state of New York. The arbitration will be conducted by use of one arbitrator, unless the Dispute exceeds one million dollars (USA) b. ) in which case there shall be three neutral arbitrators, as a panel. c. In conducting the arbitration, and in making any award, the arbitrator(s) will be bound by and must strictly enforce the terms of this Agreement, and will not expand, limit, or otherwise modify the terms of the Agreement. The arbitrator(s) will not have the authority to award punitive or exemplary damages or any other damages waived under this Agreement. You and Company each expressly waives any claims for an award of damages that are excluded under this Agreement. d. Each of you and Company has the right to be represented by an attorney in any arbitration. The arbitrator(s) may award costs and/or attorneys’ fees to the prevailing party. e. The arbitration will be confidential. Neither you nor Company may disclose the existence, content, or results of the arbitration, except to confirm and enforce the award, to its own legal or financial advisors, or as may be required by law. f. The party initiating arbitration must pay the applicable AAA filing fee when submitting its written request for arbitration to the AAA. Unless otherwise provided for in the AAA Rules, or in the arbitration award, all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator(s), will be divided equally between you and Company. The prevailing party may seek to recover from the other party the AAA’s fees and the expenses of the arbitrator(s). If a party selects an in-person, telephonic, or on-line arbitration process, such party must pay its share of any higher administrative fees and costs for the process it selects. g. Each party understands and agrees that the arbitration shall be final, binding and conclusive upon both parties and their respective administrators, executors, legal representatives, successors and assigns, and may be entered in any court of competent jurisdiction. The parties acknowledge that they are hereby waiving their rights to other resolution processes (such as other court action or administrative proceeding). There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Customer Terms as a court would. h. Each Dispute will be resolved on an individual basis. You and Company each specifically agrees that each party may bring claims against the other only in its individual capacity, and not as a claimant or class member in any purported class or representative proceeding. This Agreement does not allow class or collective arbitrations even if allowed under the applicable AAA rules. Each party agrees that the arbitrator(s) may not consolidate proceedings for more than one individual’s claims, and may not otherwise preside over any form of a representative or class proceeding (“Class Arbitration Waiver”). Notwithstanding anything else contained herein, the validity and effect of the Class Arbitration Waiver may be determined only by a court and not by an arbitrator. Each of you and Company acknowledges that the Class Arbitration Waiver is material and essential to the resolution of any Dispute and is non-severable from this Section 12a. Therefore, if the Class Arbitration Waiver is limited, voided, or otherwise found unenforceable, then the entirety of this Section 12aii (but only this Section 12aii) shall be null and void and in such event if a party chooses to proceed with its claim it must do so in court. i. Notwithstanding any other provision of this Agreement, the arbitrator(s) may award money or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. No class or representative or private Attorney General theories of liability or prayers for relief may be maintained in any arbitration held under this Agreement. 2. Notwithstanding the foregoing Section 12a, either you or Company may bring an individual action against the other party in small claims court (or comparable court of competent jurisdiction) so long as the only parties to that action are you and Company and the total value of the claims made in the action is less than $5,000. Further, nothing herein shall prevent Company from enforcing this Agreement, including without limitation terminating the Agreement for your breach or referring your account to a third party for collections. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction for equitable remedies.
3. In the event any Dispute proceeds in court rather than through arbitration, for any reason, each of you and Company agrees that such Dispute will only be resolved on an individual basis (“Class Action Waiver”). Each of you and Company specifically agrees that it may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, to the extent any Dispute proceeds in court rather than through arbitration, for any reason, if not prohibited by applicable law each of you and Company waives any right to a jury trial (“Jury Trial Waiver”).
4. This Agreement, including its formation, construction, interpretation, and enforceability, is governed by and shall be construed in accordance with the law of the State of New York, without regard to its choice of law rules, except that the arbitration provisions are governed by the Federal Arbitration Act. Unless otherwise agreed, court proceedings arising out of or related to your relationship with Company or this Agreement must be in the state of New York, provided that a small claims action permitted in Section 12b above may be brought in the jurisdiction of your account address on file with Company. Subject to the arbitration requirements in this Section 12, for any court action in connection with this Agreement brought in a jurisdiction consistent with the foregoing sentence, each of you and Company agrees to submit to the personal and exclusive jurisdiction of such court and waives any objection as to venue or inconvenient forum. You and Company each agrees that regardless of any statute or law to the contrary, but not to the exclusion or in lieu of any such statute or law providing for a shorter limitations period, any claim or claim or cause of action arising out of or related to your relationship with Company or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. YOU UNDERSTAND AND AGREE THAT BY VIRTUE OF THE ABOVE CLASS ARBITRATION WAIVER, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY, YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY ARBITRATION OR LAWSUIT INVOLVING ANY DISPUTE WITH COMPANY ARISING UNDER THIS AGREEMENT OR FROM THE BILLSAVERUSA.COME OF THE SERVICES, AND THAT YOU MBILLSAVERUSA.COMT FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
(G) Cancellation of Services and Agreement Termination.
1. You may cancel a request for Services by contacting billsaverusa.com any time prior to commencement of the Services. Please note that we strive to begin negotiations promptly upon receipt of your request for Services, so if you wish to cancel please do so within 24 hours. If you wish to cancel after the Services have begun but are not yet completed, you may be responsible for reimbursing billsaverusa.com for our reasonable costs expended in performing the Services up until such cancellation.
2. Company reserves the right to restrict or cancel your access to the Platform and its content or any part or feature thereof at any time. We may decline to accept your request for Services or may elect to stop performing Services for you at any time in the exercise of our sole discretion.
3. You may terminate this Agreement at any time. You do not need a reason to terminate. Upon termination you must stop using the Platform. If you wish to terminate this Agreement after you have requested Services but before the Services have been completed, you must first cancel the Services as permitted herein. You may terminate the Agreement by giving written notice of termination to Company at the address shown below by a method that permits you to produce evidence that you terminated this Agreement. Upon any termination of this Agreement, all amounts owed by you for Services provided under this Agreement prior to termination will become immediately due and payable.
4. Company may terminate this Agreement at any time and stop providing the Services without penalty or liability. We reserve the right to pursue all other available remedies in addition to termination in the event of your breach of this Agreement.
5. This Agreement will become effective upon your first use of the Services, and thereafter will continue until such time as when you no longer use the Services or the Agreement is terminated as permitted herein. Sections 1, 3(c), 4(c), 6 through 12, and 14 through 19 will survive any termination of this Agreement in accordance with their respective terms. (H). Indemnity. 1.You will indemnify and hold the Company and its directors, officers, members, shareholders, employees, agents, representatives, referral partners and vendors harmless with respect to any suits, claims, demands, damages, and losses (including reasonable attorneys’ fees) arising out of (i) your breach of this Agreement or any representation or warranty herein contained; (ii), any infringement by you of the copyright or intellectual property rights of any third party; (iii) your use or misuse of the Platform; (iv) your violation of applicable laws, rules or regulations in connection with your use of the Platform or Services; (v) our use and reliance on information or content provided by you pursuant to this Agreement; or (vi) any data or content submitted, posted, or otherwise provided by you to the Company, the Platform, or social media platforms.