This is the legal stuff you agree to when you use BillFixers. We’ve included some handy explanations on the right, but the main terms are the legally binding part. If you’ve got any questions or concerns, just ask!
Revised: May 17, 2022
By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and the End User Services Agreement (US) of Plaid (our service provider), and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the web site, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trade mark law.
These Terms and Conditions may be changed, modified, supplemented or updated by BillFixers from time to time without advance notice by posting here and you will be bound by any such changed, modified, supplemented or updated Terms and Conditions if you continue to use any of our web sites or services after such changes are posted. Unless otherwise indicated, any new content, products and services added to our web site will also be subject to these Terms and Conditions effective upon the date of any such addition. You are encouraged to review these Terms and Conditions periodically for updates and changes.
Basically, you’ve got to agree to everything below, all applicable law, and the Plaid End User Services Agreement if you want to use our service.
We may change our Terms and Conditions from time to time and you will be bound by such changes.
A. Permission is granted to temporarily download one copy of the Materials on the web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license is nonexclusive, non-transferable, limited, and revocable. Under this license you may not:
i. modify or copy the Materials;
ii. use the Materials for any commercial purpose, or for any public display(commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on the website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the Materials on any other server.
B. This license shall automatically terminate if you violate any of these restrictions and may be terminated by BillFixers at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession, custody, or control regardless of format.
You’re allowed to look at our website like a normal person would, but don’t do weird stuff with it. If you do, we can kick you off.
You acknowledge and agree that the Materials accessible within the web site are the proprietary information of BillFixers, and BillFixers retains all right, title, and interest in the Materials. Accordingly, you will not reproduce, transmit, publish, or distribute such Materials to any third-party without the express written consent of the BillFixers except that you may print a copy of Materials solely for your personal, noncommercial use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
BillFixers and the BillFixers trademarks, characters, and service marks, and the other source identifying names, graphics, and logos (collectively “Trademarks”) displayed and used on our web sites belong to us or have been licensed to us. Third party trade names, copyrights, or trademarks are the property of their owners, are used for identification and reference purposes only, and should not imply any association with such party. The Trademarks may not be used without our prior written permission. We do not permit the use of our Trademarks in advertising, as an endorsement for any product or service, or for any other purpose, commercial or otherwise, without our prior written approval. Nothing contained in our web sites should be construed as granting any license or right to use any Trademarks displayed and used on our web sites. Any use and/or misuse of the Trademarks displayed and used on our web sites, or any other content on our web sites, except as provided in these Terms and Conditions, is strictly prohibited.
Notice Regarding Copyright Agent
BillFixers respects the intellectual property rights of others and requests that users of our web sites do the same. If you believe that any content on any of our web sites violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please provide a notice to the designated Copyright Agent (as set forth below) for the applicable web site containing the following:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit BillFixers to locate the material;
The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A representation that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright infringement claims and notices should be sent to:
Chief Privacy Officer
Compliance Department
BillFixers
4610 Charlotte Ave, Suite 1000
Nashville, TN 37209
All the content on our site belongs to us, so please don’t steal it or remove our name from it. You can print it though!
The materials on the web site are provided “as is”. BillFixers makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BillFixers does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its web site or otherwise relating to such Materials.
We’re not making any promises that our site is perfect, it’s just a site.
In no event shall BillFixers, its suppliers, or its authorized agents be liable for any special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption or data breach) arising out of the use or inability to use the services of BillFixers, even if BillFixers or a BillFixers authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of BillFixers, its suppliers, and its authorized agents to any party(regardless of the form of action, whether in contract, tort, or otherwise)exceed the amount User has paid to BillFixers for the applicable service out of which the liability arose.
If something goes wrong for you, we’re not responsible for it. If you wanted to sue us, the max we’d owe would be the amount you paid us.
By providing personal and monthly billing information to BillFixers and its authorized agents, you warrant that you are the (or an) account holder or an authorized agent of the account holder(s), are authorized to provide such information and enter into this agreement, and that all information provided by you to BillFixers, including, but not limited to, name, address, phone number, email address, service provider(s), monthly service(s), and monthly service price(s), is complete, truthful, and accurate.
BillFixers will not share personal information except in negotiations with your service providers as provided under Section 7, with certain third-party partners that offer/allow BillFixers’ services on their platforms, and with certain authorized vendors.
BillFixers collects personal information directly from you, from publicly available sources, from our vendors, and from our marketing partner/s[1] . This includes data collected from our vendor, Plaid, which allows you to connect your bank accounts with our application to automatically provide information about certain recurring transactions. Information you provide, or that we otherwise collect, is used to facilitate the services described herein, and to identify and let you know of additional services you might be interested in.
If you want us to work on your bill, we need accurate information and you have to be the account holder or have their permission.
By registering with BillFixers, you acknowledge and authorize BillFixers to act as your authorized agent for the purpose of the services described herein. As such, you authorize BillFixers and its authorized agents to:
A. utilize the name and any and all account information provided to or that is available to BillFixers to represent to service providers that we/they are the account owner (or another authorized user) for the purpose of negotiating billing rates;
B. negotiate with your monthly service provider(s) as an agent on your behalf;
C. accept or reject agreements;
D. enter contracts binding upon you; and
E. act in any way necessary to accomplish the goal of obtaining lower rates for your monthly bills subject to any instructions provided in advance to BillFixers by you in writing.
We need to be able to negotiate on your behalf, so you’re giving us permission to pretend to be you and accept deals on your behalf.
BillFixers will work to negotiate the best possible rate(s) for the bill(s) you provide to us and on which it agrees to negotiate. Where BillFixers and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. BillFixers cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf. BillFixers reserves the right to determine, in its sole discretion, which bills it will agree to negotiate on your behalf. BillFixers is not engaged in debt settlement.
We’ll do our best to save you money, but we can’t promise we’ll succeed. If we don’t, we won’t charge you anything.
Also, we don't have to negotiate if we don't want to.
A. Residential
i. If BillFixers or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of fifty percent (50%) of the savings obtained for that bill and/or account for the twelve (12) months following the negotiation of your bill by BillFixers.
ii. BillFixers will estimate:
a. the total amount you will pay to your provider for the twelve (12) month period following the initial negotiation;
b. the total amount you would have paid to your provider for the same twelve (12) month period had BillFixers not negotiated your bill;
c. Savings by subtracting (a) from (b).
Neither (a) nor (b) will include one time purchases or fees incurred by the bill’s account holder or anyone else with access to the account; regularly scheduled service or fee price increases by the provider that are not specific to the account (e.g. an increase to the Broadcast TV Fee); or the addition of services or upgrades to the services on the account.
For example, if your Current Rate was $100 per month and BillFixers lowered it to $50 per month for twelve (12) months, you would initially be charged $25 per month for one year for BillFixers’ services. If, at the end of eleven (11) months, you asked BillFixers to renegotiate what would become a $100 dollar monthly bill again in one month’s time and BillFixers is able to keep the bill at $50, you will again pay $25 per month for the second twelve (12) month period.
iii. If you request that BillFixers cancel all service with a provider instead of negotiating a better rate, there is a flat rate cancellation fee per bill of $25 dollars. If you request that BillFixers cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay fifty percent (50%) of the savings obtained on the entire bill for the twelve (12) months following the renegotiation of that bill as provided in Section 9(a)(ii).
iv. For payment, BillFixers will send you invoices through electronic mail that will be payable through its online payment gateway via credit card, debit card, personal check, and any other such method that BillFixers may make available.
v. BillFixers will offer two (2) invoice options:
a. You pay the total invoice in full in one (1) payment; or
b. You pay one twelfth (1/12) of your invoice total each month for twelve (12) consecutive months through recurring invoices.
B. Business
i. If BillFixers or its authorized agents can obtain a lower rate for your monthly bill, you agree to pay the total sum of fifty percent (50%) of the savings obtained for that bill and/or account for duration of the savings renegotiated by BillFixers.
ii. Savings will be calculated by summing the difference between the rate of the bill when BillFixers initiates negotiations with your provider or providers on your behalf (“Current Rate”) and the renegotiated rate achieved by BillFixers (“New Rate”) for the number of billing periods that the New Rate is in place following the negotiation.
iii. If the Current Rate differs from the rate shown on the bill you initially submit to BillFixers when you sign up, savings will be calculated from the Current Rate, rather than the bill submitted.
iv. The New Rate shall not include price increases occurring after the negotiation that arise from (1) one time purchases or fees incurred by the bill’s account holder or anyone else with access to the account; (2) regularly scheduled service or fee price increases by the provider that are not specific to the account (e.g. an increase to the Broadcast TV Fee); (3) the addition of services or upgrades to the services on the account; or (4) discounts, promotions, or credits on the account expiring, so long as those reductions were not put into place as a result of BillFixers’ negotiations.
v. If you request that BillFixers cancel a service instead of negotiating a better rate, there is a flat rate cancellation fee per bill of $25 dollars. If cancelling the service would incur an early termination fee from the provider, you are responsible for that fee. If you request that BillFixers waive a provider’s early termination fee, the waived portion of the fee will be considered BillFixers savings and charged at 50%. If you request that BillFixers cancel part of your service and negotiate a lower rate on a remaining service, you agree to pay fifty percent (50%) of the savings obtained on the entire bill for the duration of the savings.
vi. For payment, BillFixers will send you invoices through electronic mail that will be payable through its online payment gateway via credit card, debit card, personal check, and any other such method that BillFixers may make available.
vii. BillFixers will offer two (2) invoice options:
a. You pay the total invoice in full in one (1) payment; or
b. You pay one half of the monthly savings for the duration of the savings via recurring invoices.
C. No Savings
i. If BillFixers and/or its authorized agents cannot obtain lower rates for your monthly bills, there is no cost to you.
D. General
i. BillFixers may reduce the percentage it charges for its services for promotional reasons or during promotional periods in its sole and absolute discretion. A discounted percentage does not stack with any other promotional discount. Unless explicitly confirmed in writing by an agent of BillFixers directly to you, the minimum charge for BillFixers’ services is forty percent (40%) of savings obtained, regardless of any promotional offers.
ii. Payment is due within fourteen (14) business days of the invoice date. Failure to make a timely payment may result in a late fee of five dollars ($5) per month for each month in which your account is in arrears. BillFixers is also entitled to recover interest on any overdue amounts at the rate of 10% per annum or the highest rate allowed by law, whichever is less. BillFixers may also accelerate the remainder of any outstanding invoice balance.
iii. If the savings shown on a BillFixers invoice are not accurate, you must notify BillFixers within thirty (30) days of receiving your BillFixers invoice. BillFixers will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, BillFixers will adjust your BillFixers invoice accordingly or, if you’ve paid annually, refund a corresponding portion of your BillFixers invoice.
iv. BillFixers reserves the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If BillFixers must engage a collection agency or report your debt to credit bureau(s), BillFixers may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.v. If BillFixers accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.
E. AutoFix
AutoFix is a BillFixers feature where we automatically renegotiate your bills as discounts expire or we become aware of additional discounts that you may be eligible for. If AutoFix is enabled, we will notify you when we have identified a discount and will begin negotiating the discount unless the opt-out procedures [1] in the email are followed within three days of receipt of the email. The provisions herein, including the payment provisions, apply to such renegotiations. [1]Confirm emails have such opt-out procedures.
Basically, if you’re a consumer, we’ll split the first 12 months of savings with you 50/50. If you want us to renegotiate, we’ll restart that clock.
We’ll just send you an invoice once a month.
If you’re a business, it’s basically the same thing except we charge for the length of the savings.
There are a lot of little situations we’ve had to account for over the years, so if you want to know all the details, make sure to read them.
A. You may discontinue services with BillFixers at any time by notifying BillFixers through electronic mail, phone, or U.S. mail. Cancellation is effective when the e-mail, call, and/or letter is received by BillFixers. Cancellation does not waive outstanding balances on your account, and BillFixers reserves the right to request payment in full for services rendered.
B. BillFixers reserves the right to cancel your account with BillFixers at any time for any reason and request payment in full for services rendered through the date of cancellation.
You’re welcome to cancel service with us whenever, but if you already owe us money, you still have to pay.
Also we can stop working with you if we need to.
BillFixers does not provide legal, financial, or tax advice. You are using any and all information and Materials available on the web site at your own risk. You should consult with an accountant, attorney, and/or other professional adviser before making financial decisions.
We’re not your financial advisor or your accountant or your lawyer.
The Materials appearing on the website could include technical, typographical, or photographic errors. BillFixers does not warrant that any of the Materials are accurate, complete, or current.BillFixers may change the Materials at any time without notice. BillFixers does not, however, make any commitment to update the Materials.
There might be some mistakes on our site. Also, we might update it sometimes.
BillFixers has not reviewed all of the sites linked to the web site, nor has it verified the accuracy or suitability of any information in any such sites. BillFixers is not responsible for the contents of any such linked site. Including any link does not imply endorsement by BillFixers of the site or vice versa. Use and/or access of any such linked web site is at your own risk.
BillFixers does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by BillFixers. BillFixers cannot and does not guarantee or warrant that files available for downloading from theInternet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. BillFixers assumes no responsibility or risk for your use of the Internet.
We sometimes link to some other people’s sites that we don’t own and can’t control. We’re not responsible for their sites.
You will defend, hold harmless, and indemnify BillFixers, its owners, officers, directors, members, employees, contractors, suppliers, parent, affiliates, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by You, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and You agree to defend, hold harmless, and to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the web site.
If you break these terms, we’re not responsible for anything that goes wrong for you.
A. MOST CUSTOMER CONCERNS CAN BE RESOLVED QUICKLY AND TO THE CUSTOMER'S SATISFACTION BY CALLING BILLFIXERS’ CUSTOMER CARE DEPARTMENT AT +1-707-532-4557. IN THE UNLIKELY EVENT THAT BILLFIXERS CUSTOMER CARE DEPARTMENT IS UNABLE TO RESOLVE A COMPLAINT YOU MAY HAVE REGARDING A SERVICE OR WEBSITE TO YOUR SATISFACTION (OR IF BILLFIXERS HAS NOT BEEN ABLE TO RESOLVE A DISPUTE IT HAS WITH YOU AFTER ATTEMPTING TO DO SO INFORMALLY), WE EACH AGREE TO RESOLVE THOSE DISPUTES THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BILLFIXERS WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS. HOWEVER, IN ARBITRATION, BOTH YOU AND BILLFIXERS WILL BE ENTITLED TO RECOVER ATTORNEYS' FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
Arbitration Agreement:
(a) BillFixers and you agree to arbitrate all disputes and claims between us arising out of or relating to this Agreement to the maximum extent permitted by law, except any disputes or claims which under governing law are not subject to arbitration. This Agreement to arbitrate is intended to be broadly interpreted and to make all disputes and claims between us directly relating to the provision of any service and/or your use of any website subject to arbitration to the fullest extent permitted by law. The Agreement to arbitrate includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us arising out of any service or website, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
For purposes of this arbitration provision, references to "BillFixers," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates (including, without limitation, our service providers), agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services and/or websites or information under this or prior Agreements between us relating to services and/or websites. Notwithstanding the foregoing, either party may bring an individual action in small claims court. You agree that, by entering into this Agreement, you and BillFixers are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement.
(b) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to BillFixers should be addressed to: General Counsel, Legal Department, BillFixers, 4610 Charlotte Ave, Suite 1000, Nashville, TN 37209 ("Notice Address"). The Notice must describe the nature and basis of the claim or dispute and set forth the specific relief you seek from BillFixers ("Demand"). If BillFixers and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or BillFixers may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by BillFixers or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or BillFixers is entitled.
You may obtain more information about arbitration from www.adr.org.
(c) After BillFixers receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee. (The filing fee currently is $200 for claims under $10,000, but is subject to change by the arbitration provider. If you are unable to pay this fee, BillFixers will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties' dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act. In all events, the AAA Rules shall govern the parties' dispute. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA Rules may change from time to time, and you should review them periodically.
All issues are for the arbitrator to decide, including the scope and enforceability of this arbitration provision as well as the Agreement's other terms and conditions, and the arbitrator shall have exclusive authority to resolve any such dispute relating to the scope and enforceability of this arbitration provision or any other term of this Agreement including, but not limited to any claim that all or any part of this arbitration provision or agreement is void or voidable. However if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, then the court shall have the power to decide whether this Agreement permits class or representative proceedings. The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error. Unless BillFixers and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the final arbitration hearing will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Except as otherwise provided for herein, BillFixers will pay all AAA filing, administration and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse BillFixers for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
(d) The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding or in the final award, pursuant to applicable law and the AAA Rules.
(e) Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
(f) YOU AND BILLFIXERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and BillFixers agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific subparagraph (f) is found to be unenforceable in its entirety, then the entirety of this arbitration provision shall be null and void. However, if only a portion of this subparagraph (f) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (f) enforced. Any claims not subject to individual arbitration under applicable law shall be stayed in a court of competent jurisdiction pending completion of the individual arbitration.
(g) Notwithstanding any provision in this Agreement to the contrary, we agree that if BillFixers makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in any service, including credit monitoring, or subsequent to your purchase of any service, you may reject any such change and require BillFixers to adhere to the language in this provision as written at the time of your enrollment or purchase if a dispute between us arises regarding such service by providing Notice to BillFixers at the Notice Address above prior to initiating your dispute.
B. To the extent arbitration is not permitted by law, this Agreement shall be governed by and construed under the laws of Tennessee, without giving effect to the conflict of law provisions thereof. The parties agree that none of them shall commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the state courts in Davidson County, Tennessee, or the federal courts in the United States District Court for the Middle District of Tennessee. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.
C. In any action or proceeding by which BillFixers either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this Agreement and is the prevailing party, BillFixers shall be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity.
D. You agree that you shall not contest the admissibility or enforceability of BillFixers´ copy of these Terms and Conditions in connection with any action or proceeding arising out of or relating to these Terms and Conditions.
We’re based in Tennessee, so this is all based on Tennessee law and if you sue us, it’ll happen here.
If we have to end up in a lawsuit where we win, you have to pay for our legal fees.
We take steps to preserve the privacy of personal information you submit over our web sites. Be advised, however, that all means of communication are, to some degree, susceptible to misdirection, delay, or interception and the security of the Internet cannot be guaranteed and, therefore, we are not responsible for any unauthorized access to communications that you submit over the Internet. Please review our Privacy Policy for more information about how we handle personal information.
You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. BillFixers will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BillFixers or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without authorization or the permission of the account holder.
We cannot guarantee the security of our services. You have certain responsibilities in connection with account confidentiality, and we are not liable for any loss that occurs as a result of someone else using your account (though you may be liable to us).
Except as expressly provided for herein, these Terms and Conditions do not confer any rights, remedies, or benefits upon any person or entity other than you and BillFixers. We may assign our rights and duties under these Terms and Conditions at any time to any third party without notice. You may not assign these Terms and Conditions without the prior written consent of BillFixers. These Terms and Conditions shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns.
You are responsible for complying with any and all laws of the jurisdiction from which you are accessing the web sites and any other jurisdiction whose laws apply to you or your actions. You agree that you will not access or use the web sites, the content, or any other information or materials on the web sites in violation of the aforementioned laws or these Terms and Conditions.
To the extent any portion of these Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified solely to the extent necessary to cause such portion to be enforceable, and these Terms and Conditions, as modified, will remain in full force and effect. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach.
Lots of different concepts in this one, since it's kind of all the legal odds and ends. We strongly recommend reading it closely to cover it all.