BillGuard may change these Terms at any time by posting the changes on the Platform or by publishing a notice in the Services, and will use reasonable efforts to notify you of the changes by sending an email to the email address we have on file for you. Such change will be effective ten (10) days following the posting of the revised Terms and your continued use of the Services after we have posted changes to these Terms means that you agree to be bound by the changes. so please check the Terms posted on our Platform regularly for any changes.
Description of the Services.
- Through the Platform, we offer personal finance management and security, and identity protection services, including but not limited to, monitoring for potential unwanted and unauthorized charges for credit card accounts, bank accounts, and other financial accounts specified by the User (as defined below) (the “User Accounts”), identify theft protection, potential fraud detection, credit monitoring, and identity monitoring.
BillGuard may offer certain features or services within the Services that are provided by third parties (“Third Party Providers”). Except as expressly set forth in this Section 2.2, your use of such features or services will be governed by these Terms. We offer the features or services provided by the following Third Party Providers:
We've engaged Yodlee Inc., a trusted, industry-standard third party provider to provide us financial account aggregation services. We will pass your financial institution credentials, your financial institutions' name and your credit and/or debit card names (the “Account Credentials”) that you provide during registration to Yodlee Inc. and Yodlee, Inc. will store such information on Yodlee, Inc.’s servers in accordance with their security and privacy practices. For improved safety, we purposefully do not store any of your Account Credentials. The following terms apply to the services provided by Yodlee Inc. These terms are in addition to all other terms contained in these Terms:
- Provide Accurate Information. You, the end user, agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other web sites and you agree to not misrepresent your identity or your account information. You agree to keep your account information up to date and accurate.
- Proprietary Rights. You are permitted to use content delivered to you through the service only on the service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the service.
- Content You Provide. You are licensing to BillGuard and its service providers, including Yodlee, Inc. (“Yodlee”), the Account Credentials you provide through or to the service. BillGuard and Yodlee may use, modify, display, distribute and create new material using such Account Credentials to provide the service to you. By submitting the Account Credentials, you automatically agree, or promise that the owner of such Account Credentials has expressly agreed that, without any particular time limit, and without the payment of any fees, BillGuard and Yodlee may use the Account Credentials for the purposes set out above. As between BillGuard and Yodlee, Billguard owns your confidential account information.
- Third Party Accounts. By using the service, you authorize BillGuard and Yodlee to access third party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant BillGuard and Yodlee a limited power of attorney, and you hereby appoint BillGuard and Yodlee as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your accounts, passwords, and other information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BILLGUARD OR YODLEE ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, BILLGUARD AND YODLEE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the service is not endorsed or sponsored by any third party account providers accessible through the service.
- DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BILLGUARD AND YODLEE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BILLGUARD AND YODLEE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
- LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER BILLGUARD OR YODLEE NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY HARMS, WHICH LAWYERS AND COURTS OFTEN CALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF COMPANY OR SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE SERVICE.
- Indemnification. You agree to protect and fully compensate BillGuard and Yodlee and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by or arising from your use of the service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
- You agree that Yodlee is a third party beneficiary of the above provisions, with all rights to enforce such provisions as if Yodlee were a party to this Agreement.
Certain features in the Service may be enabled by ConsumerInfo.com (“Experian” or “CIC”).
We’ve engaged CSIdentity Corporation (“CSID”) to provide certain identity-theft protection, fraud detection, credit monitoring, identity monitoring and other related services on the Platform. The following terms apply to the services provided by CSID. These terms are in addition to all other terms contained in these Terms:
- You understand that by accepting these Terms you are providing “written instructions” to CSID and its employees, agents, subsidiaries, affiliates, contractors, third party data sources and suppliers, and all other credit reporting agencies (including Experian, Equifax and TransUnion and affiliates thereof) under the Fair Credit Reporting Act (FCRA), as amended, to access your credit files from each national credit reporting agency and to exchange information about you with each such national credit reporting agency in order to verify your identity and to provide the services to you. You waive any and all claims against CSID and its agents and employees for the acts or omissions of these third parties with regard to the use or disclosure of such information. You further authorize CSID and its agents and employees to obtain various information and reports about you (or about your child that you have enrolled, if applicable) in order to provide the services you have registered for, including, but not limited to, address history reports, name and alias reports, criminal reports or sex offender reports, and to provide monitoring and alerts.
- While enrolling for the services, we may ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address); sensitive information (such as date of birth, driver’s license number and social security number); personal information to verify your identity and financial information (such as credit card number). This information is required in order to, among other things, verify your identity (if applicable), charge you the agreed upon fees for our services, and to fulfill our obligation to provide our services to you, including communicating with third parties as necessary to provide such services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation companies, law enforcement agencies, or others.
- You agree that you will use the services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.
- THE SERVICES PROVIDED BY CSID ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSID AND ITS DATA PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO. WITHOUT LIMITING THE FOREGOING, CSID AND ITS DATA PROVIDERS DO NOT GUARANTEE OR WARRANT THE ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES AND SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY USE OF THE SERVICES OR THE DATA THEREIN.
License to Use the App.
Subject to the terms and conditions set forth herein, BillGuard hereby grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use. Furthermore, with respect to any App accessed through or downloaded from the Apple, Inc. (“Apple”) application store (“Apple App”), you will use the Apple App only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. We reserve all rights in and to the App not expressly granted to you under these Terms.
Your Use of the Service.
- General. You agree to the following in connection with your use of the Services:
- You may not use the Services if you are under 18 years old or otherwise do not have legal capacity to form a binding contract.
- You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.
- You agree that you are solely responsible for all acts or omissions associated with your access and use of the Services and the access and use of the Services by anyone on your behalf.
- In connection with your use of the Services, you will not:
- breach these Terms or any other applicable rules and instructions that BillGuard may convey with respect to the use of the Services;
- interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;
- send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;
- display the Services or any part thereof in an exposed or concealed frame, or link to elements on the Services, such as images and videos, independently from the web pages on which they originally appear; and/or
- impersonate any person or entity, or making any false statement pertaining to your identity.
- In connection with your use of the Services, you will not post, disseminate, transmit, or otherwise communicate through, or to the Services, or make available any content on the Services, which may reasonably be deemed as:
- infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
- identifying minors, their personal details or their address and ways to contact them, except if you are a BG Premium User who would like to use the Services for a minor, in which case you represent and warrant that you are the parent or legal guardian of the minor you register for such Services;
- software viruses, trojan horses, worms, vandals, spyware and any other malicious code;
- encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
- constituting a violation of a person’s right for privacy or right of publicity;
- prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
- threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or
- unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
- Access Removal or Block. BillGuard may, remove or block access to the Services, or any part thereof, for any reason that BillGuard may consider to be justified in its sole discretion including, but not limited to: i. to prevent misuse of the Services; ii. when BillGuard deems the use of the Services to be in breach of these Terms, or a violation of any applicable law; or iii. when your user account is terminated, either by yourself or by BillGuard.
- General. You agree to the following in connection with your use of the Services:
Description of Users.
We provide Visitors, BG Basic Users, BG Experian Users, and BG Premium Users with access to the Platform as described in these Terms.
Visitors. Visitors are people who do not register with us, but who view the content on the Platform that is publicly available without logging in to the Platform.
BG Basic Users. Login is required for all BG Basic Users. BG Basic Users can access and use BillGuard’s personal finance management services and other services that are offered free of charge.
BG Experian Users. Login is required for all BG Experian Users. All BG Experian Users must login using their Experian login credentials. BG Experian Users can access and use: (i) all the Services that are available to BG Basic Users; and (ii) the Experian ProtectMyID® products and services provided by Experian.
BG Premium Users. Login is required for all BG Premium Users. All BG Premium Users must login using their BillGuard login credentials. BG Premium Users can access and use: (i) all the Services that are available to BG Basic Users; and (ii) other paid Services provided by BillGuard, including but not limited to, BillGuard’s identity protection services.
The BG Basic Users, BG Experian Users and BG Premium Users are collectively referred to herein as the “Users.” We are under no obligation to accept any individual as a User and may accept or reject any registration in our sole and complete discretion.
- BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
- You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. You are fully accountable for any use or misuse of your account on the Platform as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.
- You may terminate your account at any time, by following BillGuard’s designated termination process set forth on the Platform or by contacting BillGuard by email at: [email protected] BillGuard may require you to verify your termination notice by sending BillGuard an additional termination request message, either by e-mail or through any other means, as a prerequisite for termination of your account. Your account on the Platform will be terminated within 10 days following your notification, and from that date of termination you will no longer be able to access your account.
Fees; Automatic Renewals.
There is no cost or fee for a BG Basic User and BG Experian User to use our Services. However, BG Premium Users will be responsible for paying monthly or annual charges based on the subscription plan (“Subscription”) they select. In such case, you agree that we may use a third party payment processor (“Third Party Payment Processor”) to process payment of such fees. You warrant and represent that you are the valid owner or an authorized user, of the credit card you provide to such Third Party Payment Processor, and that all credit information is accurate.
It is important to note that when you sign up for a Subscription, your Subscription will automatically renew until you cancel it. You may cancel at any time in accordance with the terms set forth in Section 8, and the cancellation will take effect on the day you cancel the Subscription. Upon receipt of the applicable renewal fees, we will send you a receipt via email. Again, if you do not cancel, then your Subscription will automatically renew under the same Subscription.
We reserve the right to change any of the fees that we charge, or to institute new or additional fees, at any time upon notice to you.
Refunds; Subscription Changes; Cancellations; Upgrades and Downgrades.
You can change or cancel your Subscription at any time by emailing us at [email protected] All changes and cancellations shall be governed by the terms set forth below:
- Changes to Subscription. When you change your Subscription, you will receive the applicable refund in accordance with Section 8.2 and you will be charged the applicable fees for the new Subscription. Your new Subscription will be effective as of the date you make the change to your existing Subscription.
Cancellation and Refunds.
- For Monthly Subscriptions.
- If you notify BillGuard of your intent to cancel your Subscription within fourteen (14) days from the effective date of your Subscription, you will receive a full refund of any prepaid fees for the applicable Subscription.
- If you notify BillGuard of your intent to cancel your Subscription after fourteen (14) days from the effective date of your Subscription, you will receive a prorated refund of any prepaid fees for the applicable Subscription (such proration to be calculated using the date on which the Subscription is cancelled).
For Annual Subscriptions.
- If you notify BillGuard of your intent to cancel your Subscription within fourteen (14) days from the effective date of your Subscription, you will receive a full refund of any prepaid fees for the applicable Subscription.
- If you notify BillGuard of your intent to cancel your Subscription after fourteen (14) days but within one hundred and eighty (180) days from the effective date of your Subscription, you will receive a prorated refund of any prepaid fees for the applicable Subscription (such proration to be calculated using the date on which the Subscription is cancelled).
- If you notify BillGuard of your intent to cancel your Subscription after one hundred and eighty (180) days from the effective date of your Subscription, you will not be entitled to receive a refund.
- For Monthly Subscriptions.
Upgrades and Downgrades.
- If you upgrade from a lower-priced Subscription plan to a higher-priced Subscription plan, you will be charged an upgrade fee equal to the difference between the two Subscription plans, such fee to be pro-rated for the time remaining in the Subscription period (monthly or annual) from the date you make the change. Your payment card will be charged for this upgrade fee on the date you make the change.
- If you downgrade from a higher-priced Subscription plan to a lower-priced Subscription plan, you will earn a downgrade credit equal to the difference between the two Subscription plans, such fee to be pro-rated for the time remaining in the Subscription period (monthly or annual) from the date you make the change. Your payment card will be credited with this downgrade credit on the day your next Subscription auto-renewal payment is due.
We reserve the right to issue refunds at our sole discretion. If we issue a refund, we are under no obligation to issue the same or similar refund in the future.
Account termination by BillGuard.
Notwithstanding any remedies that may be available to BillGuard under any applicable law, BillGuard may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Platform and/or Services (or any part thereof), remove content and take technical and legal measures to keep you off the Platform and/or the Services, if BillGuard believes that:
- you have abused your rights to use the Platform and/or Services; or
- you have breached the Terms; or
- you have performed any act or omission that violates any applicable law, rules, or regulations; or,
- you have performed any act or omission which is harmful or likely to be harmful to BillGuard, or any other third party, including other users, and providers of the Services; or,
- your login credentials are compromised in any way; or
- you are delinquent in the payment of the applicable fees for the Services.
- Except in cases where your continued use of the Services may expose BillGuard or any third party to risk or harm, BillGuard will make commercially reasonably efforts to give you prior notice, when applicable, prior to taking the above actions.
- Notwithstanding any remedies that may be available to BillGuard under any applicable law, BillGuard may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Platform and/or Services (or any part thereof), remove content and take technical and legal measures to keep you off the Platform and/or the Services, if BillGuard believes that:
Links to Other Sites.
- The Services may include paid advertisements, sponsored links and commercial information (the “Advertisements”). By clicking the Advertisements you may be transferred to a service of a third party advertiser or receive any other messages, information or offers from the advertiser and from others. BillGuard is not responsible for any of the third party advertisers’ practices, including their privacy practices, or for the content of their advertisement, services, information, messages or offers.
Correction of Errors.
Subject to the terms and conditions set forth herein, BillGuard uses commercially reasonable efforts to ensure the reliability of the information that appears on the Platform and in the Services. However, errors may occur. If you believe that any information sent or published by BillGuard on the Services is erroneous, please inform BillGuard at [email protected]
- Content and Marks. All rights, title and interest in and to: (i) the Platform, the Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Platform and the Services (collectively, the "Materials"), (ii) all software and technology related to the provision of the Platform and the Services (the "Software" and together with the Materials and Software, the "Content"), and (iii) the trademarks, service marks and logos contained therein, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are the property of and are owned by BillGuard or its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. Except as expressly set forth herein, nothing in these Terms shall be construed as transferring any rights to you or any third party. BillGuard, and its licensors, reserve any and all rights not expressly granted in these Terms.
- Use of the Services and Content. Unless expressly permitted in these Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform, the Services or the Content or any portion thereof, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means. The Content is provided to you on an 'as is' and 'as available' basis for your information and personal use only. If you use or print a copy of any Materials, you must retain all copyright and other proprietary notices contained therein.
- Use of Marks. The trademarks, service marks, and logos of BillGuard (“BillGuard Trademarks”) used and displayed on the Platform and the Services are registered and unregistered trademarks or service marks of BillGuard. Other company, product, and service names located on the Platform and the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks” and, collectively with the BillGuard Trademarks, the “Trademarks”). Nothing on the Platform and the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of BillGuard Trademarks inures to our benefit.
Unsolicited Information; User Generated Content.
- Unsolicited Information. By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such Unsolicited Information for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
User Generated Content. Users may post and/or create content through the Platform (hereinafter, “User Generated Content”). We cannot and do not review the User Generated Content--we merely act as a passive conduit for distribution of the User Generated Content. That said, we may remove User Generated Content that does not adhere to these Terms, or that is offensive or otherwise unacceptable to us in our sole discretion.
As between BillGuard and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. However, you hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use your User Generated Content as reasonably necessary for us to provide the Platform.
Remember, once you submit User Generated Content through the Platform, including any Personal Information, it may be accessible by other Users of the Platform.
Changes in the Services.
BillGuard may make changes to the Services at any time. The changes may include, for example, the scope or type of Services, the layout or display and the Services’ content. Prior notice may be given in the event of material changes. The changes may cause inconvenience or even malfunctions at first although BillGuard will use commercially reasonable efforts to minimize these events. You agree and acknowledge that BillGuard does not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result thereof.
Termination of Operation.
- BillGuard may at all times and in BillGuard’s sole discretion, terminate the operation of the Services, or any part thereof, temporarily or permanently. In such an event, and when possible, BillGuard will use commercially reasonable efforts to provide prior notice of termination.
- You agree and acknowledge that BillGuard does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations or loss of any data as a result.
DISCLAIMER OF WARRANTY.
- THE PLATFORM, THE SERVICES AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE”. NONE OF BILLGUARD, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE “BILLGUARD PARTIES”), WARRANT THAT ANY OF THE FOREGOING WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NONE OF THE BILLGUARD PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE BILLGUARD PARTIES DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE SERVICES, ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE THROUGH THE PLATFORM AND THE SERVICES OR OTHERWISE ARISING FROM OR RELATING TO THESE TERMS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY AND ANY REPRESENTATIONS AND WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
- YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE PLATFORM AND/OR THE SERVICES IS ENTIRELYA T YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM AND/OR THE SERVICES IS TO STOP USING THE SAME.
- SOME CONTENT THAT IS DISPLAYED ON OUR PLATFORM, OR IN CONNECTION WITH OUR SERVICES, IS BASED ON INFORMATION THAT IS SHARED BY USERS OF OUR SERVICES AND DOES NOT NECESSARILY REFLECT THE VIEWS OF BILLGUARD. WE DO NOT MAKE ANY REPRESENTATIONS ABOUT SUCH CONTENT, AND DISCLAIM ALL LIABILITY IN CONNECTION THERETO. IF YOU HAVE A QUESTION ABOUT ANY SUCH CONTENT PLEASE EMAIL US AT [email protected]
- BILLGUARD DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS OR ALL THREATS TO YOUR IDENTITY. BILLGUARD IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SUCH TRANSACTIONS.
- NONE OF THE BILLGUARD PARTIES OWN OR CONTROL THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. NONE OF THE BILLGUARD PARTIES IS A PARTY TO, OR HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO, ANY TRANSACTION, COMMUNICATION OR INTERACTION BETWEEN YOU AND THE THIRD PARTY PROVIDER OR FOR ANY RESULTS CAUSED BY USING THE FEATURES OR SERVICES PROVIDED BY THE THIRD PARTY PROVIDERS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.
- NONE OF THE BILLGUARD PARTIES ENDORSE ANY USER, OR ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM. NONE OF THE BILLGUARD PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER GENERATED CONTENT SUBMITTED THROUGH THE PLATFORM OR FOR ANY RESULTS CAUSED BY USING SUCH USER GENERATED CONTENT.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL BILLGUARD PARTIES BE LIABLE FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUES OR SAVINGS, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF SUCH BILLGUARD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE BILLGUARD PARTIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OR RELATING THERETO, EXCEED, THE TOTAL FEES PAID BY YOU TO BILLGUARD IN THE TWELVE (12) MONTHS PRECEDING SUCH A CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS AUTH0 PARTIES LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend and hold the Billguard Parties harmless from and against any and all claims, damages, awards, settlements, loss, costs, expenses and payments (including reasonable attorney’s fees and legal expenses) arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Platform and/or the Services; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; (iv) your negligence or willful misconduct, or (v) any claims brought against any BillGuard Party by a Third Party Provider as a result of your acts or omissions.
Governing Law; Jurisdiction; Agreement to Arbitrate; Class Action Waiver.
- Governing Law. These Terms and your use of the Service, and any disputes directly or indirectly arising from these Terms or your use of the Services, shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. without giving effect to any choice of law or conflict of law rules or provisions, whether Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the state of New York.
- Jurisdiction. You agree to resolve any dispute or claim that you may have against BillGuard exclusively in the state and federal courts located in New York County, New York. You hereby irrevocably consent and submit to the exclusive jurisdiction of such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- Agreement to Arbitrate. If any dispute arises from these Terms or your use of the Services, either we or you may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, will be final and binding on the both parties. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MIGHT ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator’s award. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Class Action Waiver. You agree that any arbitration or proceeding will be limited to the dispute between us and you individually. To the full extent permitted by law, (1) no arbitration or proceeding shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US AND/OR ANY THIRD PARTY PROVIDER (INCLUDING, WITHOUT LIMITATION, EXPERIAN) ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
It is our policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright Policy which may be viewed at www.billguard.com/copyright ("Copyright Policy").
Refer a Friend.
The Services may include an invitation service that enables you to invite your friends and contacts to visit and/or join BillGuard and register a BillGuard Account ("Refer a Friend Service"). If you choose to participate in the Refer a Friend Service, you agree: (i) to only send invitations to your friends and contacts that you know; (ii) not to misrepresent your relationship with BillGuard to any third party or make any warranty or representation on behalf of BillGuard; and (iii) to comply at all times with these Terms and applicable law.
BillGuard may contact you and send you notice via e-mail, regular mail, Short Message Services (“SMS”), in-app messages, and notices on the Services. You may contact BillGuard’s customer relations department, by using the contact us page on the Services, or by using BillGuard’s contact details hereunder. If you do not wish to receive any of the above communications, you may opt-out by contacting us through the Contact Us section on our Website or by using BillGuard’s contact details hereunder. BillGuard reserves the right to publish in public - including on the Services - certain communications with you, such as your compliments regarding the Services, as long as your personal and identifiable details will not be revealed without your prior consent. All communications between BillGuard and you will be deemed as received, if sent by e-mail, one (1) day after the e-mail is sent or five (5) days following mailing of mail communications.
BillGuard’s contact details:
54 W 40th Street, 8th Floor
New York, NY 10018
Ph. (888) 483-7783
Fax (646) 786-4821
Compliance with Applicable Laws.
BillGuard shall comply with all laws, rules and regulations which are now or hereinafter promulgated by any government authority or agency which govern or apply to BillGuard’s provision of the Platform and/or the Services.
- These Terms constitute the entire agreement between you and BillGuard with respect to the Services and supersedes any and all other agreements with respect to the Services.
- No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by BillGuard, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by BillGuard’s authorized representative.
- Failure on BillGuard’s part to demand performance of any provision in the Terms shall not constitute a waiver of any of BillGuard’s rights under the Terms.
Your rights and obligations under the Terms are not assignable, but may be assigned by BillGuard without restriction or notification to you. Any attempted or actual assignment thereof by you will be null and void without BillGuard’s prior and explicit consent in writing.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation, or construing of the Terms “including”, whether capitalized or not, means without limitation.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.
The provisions of these Terms titled Intellectual Property, Disclaimer of Warranty, Limitation of Liability, Indemnification, Governing law and Jurisdiction, General, Changes in Ownership, No Assignment, Interpretation, Severability and Survival and any other provisions which by their nature would reasonably be expected to survive, shall survive the termination of these Terms.