BILLSHARK Terms and Conditions

Effective Date of Current Terms and Conditions: December 1, 2018

  1. 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 Terms are intended to limit such additional agreements. Company’s privacy policy located at www.billshark.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”).

    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 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.

    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 us 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.

     

  2. Services Description.

    1. Our Services include negotiating on your behalf with certain companies that provide you with products you pay for on a recurring basis, such as telecommunications, internet, cable, satellite, and security companies (the “Providers”). You may ask us to negotiate with a Provider to attempt to reduce the amount you are billed monthly for the Provider’s products (a “Bill Reduction”). You also may request that we contact Providers to cancel your memberships or subscriptions (a ”Subscription Cancellation”). Our Services may also include suggesting alternative Providers that may be able to reduce your costs, or providing other related services designed to help you save money. We reserve the right to determine and modify the Services we offer in our sole discretion.

     

  3. 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 limitation son our ability to make changes, you must communicate those restrictions to us 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 us for any damages we may incur as a result.

     

  4. Provision and Use of Your Information.

    1. In order to receive Services, you must provide us with the information we need to perform the Services. This information includes the account holder’s name, your name and relationship to the account holder (if different), and your respective addresses, phone numbers, and email addresses, the name of the Provider, your Provider account number, the applicable password, pin number, or other security credentials to access the account, and any other specific information your Provider may require for us to make changes to your account. We also need a copy of the current monthly billing statement for the account showing the products and features you receive and the amounts you are billed. You may upload a copy of the bill through the Platform or give us the information necessary for us to get a copy from your Provider.

    2. You also agree to provide us with any additional information relevant to the negotiations prior to the start of the negotiation, including in the case of a Bill Reduction notifying us if you signed up for the product within the past year or are planning to cancel or switch Providers within the next year. We may decline to provide the requested Services based on the information provided in the exercise of their sole discretion.

    3. You represent and warrant that all of the information you provide to us is accurate, complete, and correct. You agree that we may rely upon and share your information with our agents, referral partners, Providers, and otherwise as necessary in order to offer and provide the Services to you. Your personal information will only be used in the manner and for the purposes set forth in our Privacy Policy.

     

  5. Negotiated Savings.

    1. For Bill Reductions, we calculate the total amount of savings negotiated for you by Company (the “Negotiated Savings”) by comparing the new rate that we obtain for you from the Provider against the current rate you are paying at the time of the negotiation for the duration the new rate will be in effect. In the case of products that are billed to you by your Provider monthly, the Negotiated Savings equals the amount by which the Provider has agreed to reduce your monthly bill multiplied by the number of months that you are eligible to receive the reduction, up to a maximum of 24 months (the “Savings Period”). We will inform you of the outcome of our negotiations, and if the Bill Reduction is successful we will tell you what your new rate will be, the Savings Period, and the total amount of your Negotiated Savings. While we cannot guarantee that every Bill Reduction negotiation will result in Negotiated Savings, you will not be charged if we are not successful.

    2. The rate you are paying prior to the Bill Reduction that we use to calculate Negotiated Savings will be the amount we confirm with the Provider, which may be different from the billing statement you provided. In the event you ask us to perform a Bill Reduction immediately prior to the expiration of a discounted rate, the Negotiated Savings will be calculated using the applicable rate that the Provider indicates you would otherwise be charged upon expiration of the discounted rate. For purposes of calculating the Negotiated Savings, the new negotiated rate will not include price increases occurring after the negotiation that arise from (1) one time purchases or fees incurred by the account holder; (2) regularly scheduled price increases by the Provider that are applied generally and not specific to the account (e.g. an increase to the Broadcast TV Fee);(3) the addition of products or upgrades to the existing products on the account;or (4) the expiration of discounts, promotions, or credits on the account that were not put into place as a result of Company’s negotiations.

    3. If you ask us to cancel some but not all of the products you receive from a Provider and negotiate the remaining parts of your bill, the Negotiated Savings will be based off of your entire original bill. If you direct us to increase the quality or features of the products you receive from a Provider, the Negotiated Savings will be calculated based on the applicable non-discounted rate that the Provider indicates you would have been charged for those modified products, instead of the historic rate you were paying for the original products. This rule does not apply if you authorize (but do not require) us to increase your level of service, as sometimes service improvements are a perk of our negotiations.

     

  6. Payment for Services.

    1. If our Bill Reduction negotiations with your Provider are not successful, then there is no charge to you for Bill Reduction Services. If we are successful, you agree to pay us a fee equal to forty percent (40%) of the Negotiated Savings.

      Example: If we negotiate your cable television bill down by$100 per month, effective for a period of 12 months, then the Negotiated Savings are $1200, and the amount you will be charged for the Services will be 40% of $1200, or $480.

      If you request Subscription Cancellation Services, there is a flat rate cancellation fee per subscription cancelled of $25 dollars. We may from time to time offer you other types of Services. In such event, the specific pricing and any Supplemental Terms for such Services will be communicated to you with such offer. All amounts are in US Dollars unless otherwise noted.

    2. You agree to pay all charges for the Services we furnish to you pursuant to this Agreement. We will invoice you via email for amounts due to Company for the Services (the “Company Fees”)following completion of the Services. Unless otherwise stated at time of purchase, payment is due in full without deduction or set off within seven (7) days of the invoice date. We may offer you a payment plan to spread out payment of your Company Fees over a period of up to 6 months for a one-time charge to set up the payment plan. The one-time charge is only applied if you sign up for a payment plan and will be in addition to amounts due for the Services.

    3. You may pay with a payment card online or via PayPal. We do not accept payment by check or cash. We reserve the right to collect your payment information in advance of performing the Services, and to charge such payment method for amounts due if payment is not otherwise received by the due date. By providing a payment method to us for payment of the Services, you authorize us to use such payment method for payment of all amounts due to Company hereunder. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We may determine and modify what payment methods we accept from time to time in our sole discretion.

    4. You will be responsible for any fees incurred for refused or rejected payments, including but not limited to late fees, charge back fees, fees for insufficient funds, or similar. We may notify you about late payments through email and/or text messages. We may in our sole discretion decide to accept incomplete payments, but in doing so we in no way waive our right to collect the remaining unpaid balance. A late fee will be charged on all accounts not paid when due at a rate of$25 per month (or the maximum amount allowed by law if such amount is less). In the event you fail to pay any amounts when due hereunder, you agree that we may report your failure to credit reporting agencies and/or refer such matter to an attorney or collection agency, in which event you agree to pay any and all costs we incur as a result of such action, including reasonable attorneys’ fees.

    5. If you dispute the amounts you are invoiced or are dissatisfied with the Services for any reason, you agree to contact us in writing, describe in reasonable detail the facts and circumstances which are the basis for such dissatisfaction or dispute, and cooperate with us in good faith to provide us the opportunity to remedy the situation or issue a refund before requesting a chargeback or making a complaint or filing a claim against Company. If we are unable to resolve the dispute in this fashion, then you agree to follow the dispute resolution procedure set forth in Section 12 of these Customer Terms, below. If you do not notify us of your dispute of our invoice for the Services within thirty (30) days from the date of such invoice, the invoice will be deemed accepted and valid.

    6. It is your responsibility to confirm that the Negotiated Savings are reflected in the next bill you receive from your Provider, and to notify us within thirty (30) days of receipt of your Company invoice for Services if your bill does not show the Negotiated Savings that we indicated you would receive. Upon receipt of notice from you of the disparity, we will research and contact the Provider to try to resolve the issue. If we determine that the Provider is not going to offer you the negotiated rate such that the Negotiated Savings will not be the amount originally calculated, we will recalculate the Negotiated Savings (if any) and issue an updated invoice and are fund of any overpayment if payment of the Company Fees was already received for the Bill Reduction. If you do not notify us that you did not receive the Negotiated Savings within thirty(30) days from the date of Company’s invoice for the Services, the Negotiated Savings originally calculated will be deemed to be correct and will be assumed to have been applied to your account, and you will owe us any applicable Company Fees for the Services.

    7. If you request Bill Reduction Services for a product that you intend to terminate and you fail to notify us of this fact prior to the start of the Bill Reduction negotiation as required herein, you will be responsible for the Company Fee incurred based on the entire available Savings Period, including beyond your anticipated termination date. However in the event a product for which you received Bill Reduction Services is unexpectedly terminated prior to the end of the Savings Period, you may notify us in writing no later than thirty (30) days after such termination to request a pro-rata credit based on the Negotiated Savings not actually received by reason of the termination. Your request must include your Company account, and proof of the actual date of termination by your Provider. We will make adjustments to your account to the extent that we reasonably determine appropriate based on the circumstances in the form of a pro-rata credit to your account equal to the amount you have paid to Company in Company Fees for Negotiated Savings not actually received due to the termination. Such credit is non-transferrable, not redeemable for cash, and may be used for Company Fees incurred by you for other Services purchased from us.

    8. All amounts payable under this Agreement are exclusive of all sales, use, value-added, withholding, and other taxes and duties. You are responsible for paying any such taxes and duties assessed in connection with this Agreement by any authority within or outside of the U.S., except for taxes payable on Company’s net income.

     

  7. Cancellation of Services and Agreement Termination.

    1. You may cancel a request for Services by contacting us 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 us 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.

     

  8. Communications.

    1. You hereby agree to the use of electronic communication in order to enter into contracts and to purchase Services, and agree and consent to the electronic delivery of notices, invoices, and other communications that we provide in connection with your account or Services (the “Communications”). Such Communications will be sent to the email address and/or cell phone number that you provide during the online ordering process as may be updated by you from time to time through the methods offered by Company. You further waive any rights or requirements under any laws or regulations in any jurisdiction, to the extent permitted under applicable law, which require an original, non-electronic signature or delivery or retention of non-electronic records.

    2. It is your responsibility to keep the primary email address listed on your Company account up to date so that we can communicate with you electronically. Spam filtering of emails may require you to add Company to your email address book. You understand and agree that an electronic communication is deemed successfully sent once emails are sent to the primary email address listed on your account, and our notice to you will be deemed to have been given on the first business day after sending by email. Notices to Company must be sent in writing to the address shown at the end of these Customer Terms.

    3. By entering into the Agreement, you are providing your consent to receive text alerts and commercial electronic messages from Company. However, at any time, you may unsubscribe from commercial electronic messages by using the unsubscribe mechanism contained in such messages. You may opt out of receiving text message alerts by contacting our Customer Service department. You have the right to withdraw your consent to receive Communications electronically by sending us notice of such withdrawal and providing a valid mailing address for notices.

    4. Posting or messaging on social media platforms is not considered a form of providing notice to Company hereunder, and you should not rely on or assume that we receive any communications submitted through a social media platform.

     

  9. 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 USAGE 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 the 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.

     

  10. Limitations of Liability and Remedies.

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES SHALL IN NO EVENT EXCEED THE AGGREGATE PAYMENTS ACTUALLY RECEIVED BY COMPANY FROM YOU UNDER THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, GOODWILL, AND THE LIKE) ARISING OUT OF ANY CAUSE, INCLUDING BUT NOT LIMITED TO THE DELAY, ACT, ERROR, OR OMISSION OF COMPANY OR COMPANY’S AGENTS, WHETHER BASED ON BREACH OF CONTRACT, TORT(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. If you are dissatisfied with the Platform or the content of the Platform, your sole and exclusive remedy is to discontinue accessing and using the Platform and terminate this Agreement. If you are dissatisfied with the Services, your sole and exclusive remedy is to terminate this Agreement and seek a refund of the Company Fees paid for such Services through the process described in Section 6.e. If you have any other dispute with Company arising under this Agreement, you agree to resolve such dispute only in accordance with the Dispute Resolution process set forth in Section 12 hereof.

    3. No action in any form arising out of this Agreement or any Services provided hereunder, excepting only a claim for indemnification, shall be instituted more than one (1)year after the cause of action has arisen.

     

  11. 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.

     

  12. 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 time frame 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 business prior to the Dispute, that would otherwise be discoverable, do not become confidential simply because they are used 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.

        1. 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 Delaware. The arbitration will be conducted using one arbitrator, unless the Dispute exceeds one million dollars (USA) in which case there shall be three neutral arbitrators, as a panel.

        2. 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.

        3. 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.

        4. 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.

        5. 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.

        6. 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.

        7. 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.

        8. 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. Not with standing 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 Delaware, 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 toy our relationship with Company or this Agreement must be in the state of Delaware, 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 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 USE OF THE SERVICES, AND THAT YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

     

  13. Promotional Rewards and Discounts.

    1. We may elect from time to time, in the exercise of our sole discretion, to offer discounts or promotional rates to particular customers for particular Services in certain circumstances. In such event, the promotional rate or discount will be identified at the time of purchase of the Services. These discounts and promotions, unless offered to you, shall have no bearing whatsoever on your relationship with us.

    2. We may also elect from time to time, in the exercise of our sole discretion, to offer a bonus reward for signing up for a particular Service, for uploading bills on the Platform, for making referrals, and the like. Bonus rewards are free promotions for which customer spay nothing and which customers may elect to use or not use at their sole discretion. Bonus rewards are administered by a third party reward administrator and if you qualify to receive a bonus reward Company will provide you with full details on how to redeem your reward, and the third party terms that govern your reward. Action may be required on your part to redeem your bonus reward online. Bonus rewards are not gift certificates or gift cards, may not be redeemed directly in any store or restaurant, and have no cash value.

     

  14. Limited License and Conditions for Use of Platform.

    1. Company grants you a personal, limited, non-exclusive, and revocable license to access and make non-commercial use of the Platform during the term of this Agreement subject to these Customer Terms. Any rights not expressly granted in these Customer Terms are reserved to Company. As a condition of such license, you acknowledge and agree that:

      1. all logos, trademarks, copyrighted material, and other intellectual property on the Platform (the “Intellectual Property”) are owned or licensed by Company or third parties. The limited license granted by these Customer Terms does not convey ownership or other rights in the Intellectual Property;

      2. you will not reproduce, modify, copy, sell, lease, create derivative works from, upload, transmit, or distribute any Intellectual Property, applications, or other information, text, graphics, images, files, or data obtained from the Platform(collectively, the “Content”) without the express prior written permission of Company, except for copies made in the ordinary course of accessing the Platform for your own internal non-commercial use in accordance with these Customer Terms;

      3. you will not bypass any operational element or make any attempt to interfere with the proper working of this Platform, server or activities conducted therein or take any action that interferes with, compromises, or adversely affects the Company, our referral partners, other Platform users, or their respective servers, network, or other systems;

      4. you will not use any data mining bots, plug-ins, or other data gathering and extraction tools, scripts, applications, or methods on this Platform, nor will you attempt to decompile, reverse engineer, modify or disassemble any portion of the Platform or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of the Platform, or permit or induce the foregoing;

      5. you will not alter the Content or use any meta tags or any other”hidden text” or utilize framing techniques to enclose any Intellectual Property or other proprietary information (including images, text, page layout, or form); and

      6. you will not otherwise exceed your limited access to the Platform as authorized by Company.

    2. This license does not include any resale, sublicensing, or commercial use or exploitation of the Platform or the Content or any downloading or copying of Content for the benefit of another merchant. This Platform or any portion of this Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company.

    3. You are responsible for maintaining the confidentiality of any account and password that you create in the use of the Platform or the Services, and agree to accept responsibility for all activity that occurs under your account. You further agree not to use anyone else’s account at any time without the permission of the account holder.

    4. The Platform is intended for viewing and use in the United States. Access or use of the Platform or Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Customer Terms.

     

  15. Platform and Social Media Conduct and Content.

    1. Company may encourage online interactions on social media platforms, including but not limited to on social media accounts managed by Company. Company reserves the right but disclaims any obligation to monitor the content on social media platforms, and assumes no responsibility for content posted on social media platforms. Company may delete or refuse any content on social media accounts managed by Company in its sole discretion. Any content you post, such as pictures, comments, information, opinions, or any personal information that you make available to other participants on social media platforms, is subject to the terms &conditions and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

    2. Other than personal data requested by Company through the Platform and covered by Company’s Privacy Policy, any information or other content that you transmit, submit, upload, post, or otherwise distribute on or through the Platform or on a social media account managed by Company is considered non-confidential and non-proprietary, and you hereby grant Company anon-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such content throughout the world in any media for any and all commercial and non-commercial purposes. By communicating such content, you represent and warrant that you own or have the necessary rights, licenses, consents and permissions to exploit, and to authorize us to exploit, such content in all manners contemplated by these Customer Terms

    3. You agree not to post on or transmit to or from the Platform or any social media account managed by Company any material:

      1. that is threatening or abusive, racist, defamatory or scandalous, obscene or pornographic, discriminatory, likely to incite hate or dangerous actions, in breach of confidence or privacy, or otherwise inappropriate;

      2. that you do not have the legal right to use;

      3. that constitutes or encourages conduct that would constitute a criminal or civil offense or give rise to criminal or civil liability; or

      4. that could harm the Platform, Company’s systems, or any other user’s systems (such as computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software or harmful data).

     

  16. Links To and From Other Websites

    1. The Platform contains links to and may be accessed from links from web sites operated by third parties. The links are provided for convenience only. Company does not review third party websites and is not responsible for them. Third party sites are not covered by these Customer Terms and are subject to different terms and conditions and a different privacy policy. If you access such third party websites, you do so at your own risk. Company will not be liable for any act or omission of any third parties that refer or link you to the Services, or for damages arising from your use of any website, service or platform that Company does not furnish.

    2. You are granted a limited, revocable, and nonexclusive right during the term hereof to create a hyperlink to the home page of this Platform subject to these Customer Terms and the following conditions:

      1. you do not replicate any page or Content of this Platform or create a border or browser environment around Content;

      2. you do not use, alter, or remove any Intellectual Property;

      3. you do not state or imply directly or indirectly that Company endorses any content on the linked site or the beliefs of the site’s owners or any products or services other than its own;

      4. you do not directly or indirectly misrepresent your relationship with Company or present incorrect information about Company;

      5. the linked site does not disparage Company, its representatives, or its referral partners or their respective products or services or otherwise negatively affect or harm their reputation and goodwill;

      6. you link only from websites that you are authorized to use; and

      7. your website does not contain content that is false, misleading, disparaging, distasteful, offensive, or controversial, infringes the rights of any person, or fails to comply with applicable law; and

      8. you do not use any Company Intellectual Property as part of or in conjunction with a link without our express written permission.

     

  17. Copyright Infringement Take-down Request Procedure Under the Digital Millennium Copyright Act (DMCA).

    1. We respect the intellectual property right laws and we expect all users of our Platform to respect our rights under the applicable law. A copyright owner can, under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), submit a notice to us if they believe that the content on our Platform is infringing. To submit such a copyright infringement notification to us, you will need to send us a written communication to the address shown at the end of these Customer Terms. We expect the following information to be included in your notice:

      1. The clear identification of the copyrighted work claimed to have been infringed. If the work is not easily attainable through public means (such as if the work was published over a year ago in a paperback magazine that is not easily accessible on the internet), we expect a copy of such work be included in your notice;

      2. A clear identification of the infringed material that is protected, and information reasonably sufficient to permit Company to locate the material. If possible, we expect you to provide the URLs in the body of your notification email;

      3. Contact information of the complaining party, such as an address, telephone number, and email address at which Company may establish contact with such individual, or the individual’s agents; and

      4. A signed letter authorizing an agent to act on behalf of the owner of the allegedly infringed right.

     

  18. Interpretation.

    1. The parties intend that the applicable Federal statutory laws and the laws of the State of Delaware should be used to interpret and enforce this Agreement.

    2. Each provision of this Agreement applies to the fullest extent permitted by applicable law. If any provision of this Agreement is determined by an authority of competent jurisdiction to be invalid or unenforceable in part or in whole for any reason whatsoever, the validity of the remaining provisions or portions thereof shall not be affected thereby and such authority should reform this Agreement to the extent necessary in a manner that comes closest to expressing the intention of the invalid and un enforceable provision while rendering the other wise unenforceable provision or portion thereof valid and enforceable.

    3. The waiver by Company of the performance of any covenant, condition or promise shall not invalidate this Agreement, nor shall it be considered as a waiver of any other covenant, condition or promise. Any delay in pursuing any remedy or in insisting upon full performance for any breach or failure of any covenant, condition or promise shall not prevent Company from later pursuing any remedies or insisting upon full performance for the same or any similar breach or failure.

    4. You may not assign this Agreement without the prior written consent of Company. Company may assign this Agreement at any time and without your consent, and upon such assignment Company shall be relieved of any and all duties, obligations, and/or liabilities arising from this Agreement. This Agreement shall be binding upon and inure to the benefit of the heirs, successors and permitted assigns of the parties hereto.

    5. There are no third party beneficiaries to this Agreement. No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

    6. The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

    7. This Agreement, including these Customer Terms, the Supplemental Terms, and the Privacy Policy, constitutes the entire agreement between you and Company and supersedes any prior agreements between you and Company and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. This Agreement can only be amended by Company, as provided in this Agreement. No written or verbal statement, advertisement, or product description will contradict, interpret, or supplement this Agreement.

    8. This Agreement may be published in a number of languages for information purposes and ease of access by customers. It is only the English version that is the legal basis of the relationship between you and Company, and in case of any discrepancy between a non-English version and the English version of this Agreement, the English version shall prevail.

     

  19. Company Contact Information.

    1. Written notices or Customer Support requests to the Company are only accepted via email at support@billshark.com