We reserve the right, in our sole discretion, to update or revise this Agreement. You should periodically review the most up-to-date version. Your continued use of the Services constitutes your consent to such changes. Additionally, by submitting a query, comment or request to our online forms and search fields, you reiterate your agreement to abide by the Terms. You also understand and agree that if you use the Services after the date on which the Terms have been changed, we will treat your use as acceptance of the updated Terms or additional terms. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
Though we do our best to make the Services operate smoothly, like in any other service, we can’t guarantee that BillBusters will always run uninterrupted, or be immune from errors or bugs. In those cases, we will do all we can to fix things immediately, but can’t guarantee this will always be possible.
I. Your use of our Services
In order to access some features of the Services, you may have to provide certain information, including personally identifying information. When using our services, you agree to provide accurate and complete information. Your right to use the Services is not transferable. Any right given to you to obtain information or documents is not transferable. We are not liable for any loss that you may incur as a result of someone else using your information, either with or without your knowledge. The Services are limited to individuals who are 18 and older.
II. Intellectual Property
Our website may include content such as videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, "look and feel", algorithms, source and object code, interface, GUI, interactive features, related graphics, illustrations, drawings, animations, and other features (“Content”). Content also includes text, organization, any trademarks or trade dress, graphics, portfolios, digital conversation and any other concepts and materials, included in or related to the Services. The Services (including the Content) and any intellectual property rights related thereto are owned by us or licensed to us. The Terms do not grant you any right or interest in our Services, Content or any intellectual right related thereto. The copying, redistribution, use or publication by you of any such matters or any part of the Services, except as allowed under these Terms, is strictly prohibited and may violate copyright, trademark, and other laws. Except as specifically permitted on the Website, you may not modify, remove, delete, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any content. You do not acquire ownership rights to any content, document or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. We do not claim any rights in user-submitted data.
Subject to Section IV below, our Services do not store any information you provide other than a copy of your bill or any personal information provided on said bill. We do store email addresses, when they are entered for negotiations, completed our survey or to sign up for our newsletter. We know your email address is private and we treat it as such. While we do our best to ensure there is no data loss, we will have no liability for any loss or damage relating to your Content. You are responsible for your conduct, your Content and you must comply with our Acceptable Use Policy.
III. Links to Third Parties
IV. How you may use our materials
Content on the Website is being provided to you AS-IS, WHERE-IS, WITH ALL FAULTS, for your information only. Except as specifically permitted or authorized on the Website, no areas of this Website may be used by you for any commercial purposes. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “scripts,” “webcrawlers,” or “offline readers,” that accesses the Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communications systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their user submissions without their consent. You agree that you will not use any device, software or routine that interferes with the proper working of the Website nor shall you attempt to interfere with the proper working of the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. While we may not currently have a fixed upper limit on the number of transmissions you may send or receive through the services, such fixed upper limits may be set by us at any time, in our sole discretion.
V. No unlawful or prohibited use
You agree not to use the Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Services in any manner that could damage, disable, overburden, or impair this Website or interfere with any other party’s use of the Website. You agree that you will not:
- post or submit any incomplete, false, or inaccurate information.
- post or email messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including without limitation privacy and publicity) of others.
- violate the copyright, trademark, or other intellectual property rights of any other person or entity.
- upload or email any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
- improperly assume or claim the identity, characteristics, or qualifications of another person or post or email anything anonymously.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted through the Website, particularly the Contact Us Section found on the Website.
- conduct or forward surveys, contests, pyramid schemes, or chain letters.
- except as otherwise authorized, use the Services for commercial purposes, or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations.
- harvest or otherwise collect information about others, including without limitation email addresses, without their consent.
- post or email messages for the purpose of spamming.
- attempt to gain access to any portion of this Website, any computer, server, account, network, software, or hardware associated with this Website, from which you are restricted.
- violate any applicable laws or regulations.
- harm minors in any way.
VI. How we may use the information you provide to us
By your participation in the Services, you agree to provide BillBusters accurate and current information. Your name, address, phone number, and any passcodes or other verification information required by service providers to negotiate on your behalf (“Personal Information”) will only be used for the purposes to negotiate on your behalf. We do not store this information, other than such information that is required to negotiate on your behalf, on any BillBusters owned property. BillBusters must receive copies of your monthly billing statements with the necessary information required to negotiate discounts on your behalf, such as account number and outline of services/features.
By using our Services and/or signing up for our Services by submitting personal information and monthly billing information, you are granting us the authority to act on your behalf with your service providers. You acknowledge and agree that BillBusters is authorized to communicate with service providers on your behalf and make changes to your account, services, and/or features to implement discounts negotiated on your behalf or for other purposes set forth in these Terms, BillBusters internal purposes or for purposes otherwise agreed in writing between you and BillBusters.
The party who signs up with BillBusters is the party responsible for any and all charges owed to BillBusters, regardless of the name on the service provider statement. You may submit bills under the name of a third party, such as a spouse, family member, friend or roommate; however you are responsible for paying fees to BillBusters.
We may collect and store information about the web pages you view and the data you enter in online forms and search fields. Although we do not currently attempt to analyze web usage data to determine the identity of any user, some information collected necessary for the Apps and Services may be personally identifiable and may be used for such purposes in the future (see this Section VI above). We also aggregate and analyze the information we collect to improve our service and to prepare reports about aggregate web usage and browsing habits (“Habits”). Any comments, feedback, portfolios, documents, data, answers, reviews questions, opinions, advice, statement, recommendation, comments, suggestions, ideas, or the like (“Posts”) which you send to us using communications services on the Website or by email will be treated as non-confidential and nonproprietary and you agree that any such information you choose to provide, including your Habits, may be reproduced, used, and distributed by us for any purpose without restriction. You shall solely be responsible for your own user submissions and the consequences of posting, publishing or emailing them. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all your submission in the manner contemplated by the Website and these Terms of Service. In addition, excluding your Personal Information, you are granting us a perpetual, royalty-free, irrevocable, nonexclusive, transferable, fully paid, and fully sublicensable worldwide right and license to publish such content, and to store, translate, distribute, copy, display, perform, modify or otherwise use the content for any purpose whatsoever, including, but not limited to, marketing or advertising materials, and to exercise all copyright and rights of publicity over the material displayed in the Posts, in any existing or future media, now known or later developed. You agree that this license includes a right for us to make such content available (Posts, Habits, and Personal Information necessary to negotiate on your behalf) to other companies, organizations or individuals with whom we have relationships for the provision of our services and to companies, organizations, or individuals which may acquire an interest in BillBusters, and to use such content in connection with the provisions of those services. You understand that we, in performing the required technical steps to provide services to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit us to take those actions. No compensation will be paid for our use of the materials you submit.
Liability for Payment after Negotiation on Your Behalf
Once you (i) authorize us to negotiate, (ii) we proceed to negotiate on your behalf and (iii) obtain a discount or lower rate on your current cable plan or service, you are liable to BillBusters for payment of the fees outlined in Section XIV below whether you choose to continue your plan with the discount/reduced fee or not. When there are no changes made to your plan, services, features, contract, etc., other than a lower rate, such discount becomes effective immediately. The only change in your cable service is the lower price you will be paying on your bill.
VII. Disclaimer of Warranties/Limitation of Liability
ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
IN NO EVENT SHALL BILLBUSTERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THE WEBSITE OR THE USE, RELIANCE UPON, OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM BILLBUSTERS.COM, INCLUDING WITHOUT LIMITATION THE ACCURACY OF BUSINESS INFORMATION POSTED THEREIN. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR THE ASSOCIATED GOODS OR SERVICES, YOUR SOLE REMEDY AS AGAINST US TO CEASE USING THEM.
The Website is operated from a location in the State of Ohio, United States of America, even though it may be hosted elsewhere. We make no representation that materials found at our Website are appropriate or available for use in other locations. If you access our Website from other locations, you are responsible for compliance with local laws. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings concerning this agreement.
BillBusters does not provide financial, legal or tax advice. All services or information provided is not intended to be financial, legal or tax advice. Before making financial decisions, you should consult with your accountant, attorney or other professional advisors who are aware of your personal circumstances.
You agree to defend, indemnify, and hold harmless BillBusters, LLC and its employees, agents, directors, officers, members and shareholders from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorney’s fees and costs) arising out of your use of our Services, your breach or alleged breach of this agreement, and your breach or alleged breach of the intellectual property or proprietary or other rights of third parties.
IX. Modifications to the Terms
We may revise the Terms from time to time. In case of any material change that reduces your rights, we will make reasonable efforts to post a clear notice on our website, and/or will send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Such material changes will take effect seven (7) days after such notice was provided on our website and/or App or sent via e-mail, whichever is the earlier. Your continued use of the website on or after the Last Revised date will constitute acceptance of those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately without any prior notice.
You are free to stop using our Services at any time. We also reserve the right to suspend or terminate the Services at any time at our sole discretion, without notice (for example, if you fail to comply with our Acceptable Use Policy) and for any reason whatsoever. Once your use is terminated (by you or us), your right and license to use our Services terminates.
XII. Billing Process, Payment, Late Fees, Avoidable Fees & Non-Payment
We bill the equivalent of 25% of annual savings unless it is agreed upon, by both parties, to a mentioned payment plan discussed below. This bill will be invoiced and sent to your email, with full receipt of payment due upon receipt. If you pay within 30 days, the cost is 25% of annual savings. If you decide to pay over 3 months, the cost is 40% of annual savings. So, if we save you $360/year, you would pay $48/month for 3 months, or $144 total. If you decide to pay over 6 months, the cost is 50% of annual savings. So, if we save you $360/year, you would pay $30/month for 6 months, or $180 total. If you decide to do 3 or 6 months, we will automatically bill your credit card each month. We will email an approval form in order to automatically charge your credit card.
You will be able to pay by credit card or any allowable mean through QuickBooks. We will not store any credit card or personal information. This information is only stored by QuickBooks and we are not responsible for any action or inaction by QuickBooks. If you choose to change services in subsequent months, or change providers altogether, we are not responsible for a refund of the one-time fee. All payments to BillBusters are final and will not be refunded once services, on your behalf, are complete. In the event you are using the “switch” or "sign up" buttons, there is no charge for this service (free). If we renegotiate for you at a later date, we will base your savings off of the new price you are paying.
After thirty (30) days from invoice, BillBusters may assess a service fee of $5 per month, and recover its costs, including reasonable attorney fees, associated with any collection. We reserve the right to turn over delinquent accounts to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If you agree to a payment plan, BillBusters may assess a service fee of $5 per month after the payment plan allowable months has passed (3 or 6 months).
If BillBusters is charged for any fees on your behalf, for example, chargebacks, insufficient funds, etc., you will be responsible for reimbursing BillBusters for these avoidable fees.
This policy explains what information we collect about you when you visit our Website and how we handle such information. The information we collect and how we use such information depends upon what you do when visiting the Website.
For all visitors, including those who visit our home page, we collect and store non-personally identifiable information, including, the name of the domain from which you access the internet, the IP address, the date and time you access our Website, and the internet address of the website from which you linked directed to our Website. We use the information we collect to measure the number of visitors to different sections of our Website, to help us make our Website more useful to visitors, to help diagnose problems, to help identify you and to administer our Website. We may share this information with our partners so that they too may understand how our users, collectively, use areas of our Website.
We store transmit, disseminate and publish individual information as needed to service you. We may also use your information to contact you about new Website feature announcements, enhancements and general updates. We also provide you with the opportunity to opt-out of these types of communications. If you choose to receive these types of communications at the time of registration, but later decide you no longer want to receive them, simply follow the instructions in the e-mail to opt out.
We may employ other companies and individuals to perform functions on our behalf such as vendors for hosting our web servers, analyzing data, providing marketing assistance and for providing customer service. These companies and individuals may have access to your personal information to the extent necessary to perform their functions.
Except as otherwise described in this privacy statement, we not disclose personal information to any third party unless we believe that disclosure is necessary: (1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (2) to enforce the our Terms or to protect our rights; or (3) to protect the safety of the members of the public and users of the service.
Feedback and other comments and statements that you chose to submit to us by any means – whether by email, telephone, letter or any other means – shall be considered non-confidential and we are free to use such information on an unrestricted basis. Any personal information that you choose to voluntarily disclose online on discussion boards, in messages, in chat areas, in comments, or otherwise is not protected. You are strongly urged not to post any personal information that you expect to be kept private. You shall solely be responsible for your own user submissions and the consequences of posting and publishing them. Please read the our Terms, including your grant of a perpetual, royalty-free, irrevocable, nonexclusive, transferable, fully paid, and fully sublicensable worldwide right and license to publish your submitted content (other than your Personal Information as defined in the terms) and to store, translate, distribute, copy, display, perform, modify or otherwise use the content for any purpose whatsoever, including, but not limited to marketing or advertising materials, and to exercise all copyright and rights of publicity over the material in your submissions, in any existing or future media, now known or later developed.