Terms Of Use

(Last updated: May 30, 2013)

WELCOME TO WWW.BILLGUARD.COM (TOGETHER WITH ITS SUBDOMAINS, CONTENT, AND MARKS, THE “Website”). PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE (THE "Terms") BEFORE USING THE SITE OR THE SERVICE (DEFINED BELOW) SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS AND OBLIGATIONS TO BILGUARD, INC. (“BillGuard”, “We”, “Our” OR “Us”). BY USING THE SITE AND/OR SERVICE, OR IN ANY EVENT BY REGISTERING AS A USER WITH THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE SITE OR SERVICE. Unless the Site or Service is separately referred to in these Terms, all references herein to the "Services" shall include both the Site and the Service.

  1. Modification.  BillGuard may change these Terms at any time by posting the changes on the Website, 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 Website regularly for any changes.
  2. The Service.
    1. BillGuard provides a personal finance security service to its users (hereinafter the “Service”). The Service is available online through the Website (and also through our software mobile application). The Service performs a daily scan of statements for credit card accounts, bank accounts and other financial accounts specified by the user (the “User Accounts”) to monitor for potential unwanted and unauthorized charges such as hidden fees, billing errors, forgotten subscriptions, scams and fraud. Users of the Service also are provided with information and reports regarding potentially questionable transactions identified by the Service, including (i) access to an online dashboard through which the user is provided a consolidated view of its User Account statements, with information and analysis regarding potentially questionable transactions identified by the Service, (ii) monthly scan reports and (iii) email alerts of potentially questionable transactions identified by the Service.
    2. BillGuard currently offers two different Service packages to its users: (i) the “Free Account” Service offering is made available to users at no charge and covers monitoring of two (2) of the user’s financial accounts; and (ii) the “Paid Account” Service offering is made available to users for a fee and covers monitoring of three (3) or more of the user’s financial accounts. Please see our Pricing Terms and Conditions for more details.  Our Pricing Terms and Conditions are incorporated into these Terms by reference.
    3. BillGuard provides the Service as a tool to assist you in monitoring your User Accounts; however, BillGuard makes no guarantees that every questionable transaction will be identified.
  3. Your Use of the Service.
    1. General. You agree to the following in connection with your use of the Services:
      1. 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.
      2. You agree to abide by all applicable laws, regulations and rules in connection with your use of the Services.
      3. 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.
      4. In connection with your use of the Services, you will not:
        1. breach these Terms or any other applicable rules and instructions that BillGuard may convey with respect to the use of the Services;
        2. interfere with, disrupt, circumvent or manipulate the functionality or operation of the Services;
        3. send automated or machine generated search queries or use robots, crawlers or similar applications to collect or compile content from the Services;
        4. 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
        5. impersonate any person or entity, or making any false statement pertaining to your identity.
      5. 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 User Submissions (defined below) or content on the Services, or when using the Services or any of the services therein, content which may reasonably be deemed as:
        1. infringing or violating intellectual property rights of other parties, including patents, copyrights, trade secrets and trademarks;
        2. identifying minors, their personal details or their address and ways to contact them;
        3. software viruses, trojan horses, worms, vandals, spyware and any other malicious code;
        4. encouraging, supporting, assisting, providing instructions or advising in the committing of a criminal offense, under the applicable laws;
        5. constituting a violation of a person’s right for privacy or right of publicity;
        6. prohibited by any applicable law, including court restraining orders, to be posted, published, disseminated, or otherwise made available to the public;
        7. threatening, abusive, harassing, defamatory, libelous, vulgar, obscene or racially, ethnically or otherwise objectionable; and/or
        8. unsolicited commercial communications (‘spam’), chain letters, or pyramid schemes.
    2. 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:
      1. to prevent misuse of the Services;
      2. when BillGuard deems the use of the Services to be in breach of these Terms, or a violation of any applicable law; or
      3. when your user account is terminated, either by yourself or by BillGuard.
    3. Access to Content.  BillGuard may also remove or block access to some of the information made available through the Services after a certain period of time. Consequently, you may not find content that you previously had access to through the Services.    The Services do not operate as an archive or file storage service and you are solely responsible for the backup of your content.
  4. Registration and User account.
    1. BY REGISTERING AND USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
    2. When you register with the Services, BillGuard will ask you to provide certain contact and personal details. Bear in mind that false, incorrect, or outdated information may prevent you from registering and impair BillGuard’s ability to provide you with the Services or to contact you. BillGuard will explicitly indicate the fields that are mandatory to complete. If you do not enter the requisite data in these fields, you will not be able to register.  You agree we may use such information in accordance with our Privacy Policy.
    3. To login, you must use your email address, or user name and password. Alternatively, BillGuard may provide you with a password for accessing your Service account on the Website. BillGuard may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account, or for accessing certain services on the Services.
    4. You agree to maintain your login details in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Services as a result of compromising your details or conveying them to someone else or not keeping them secure and confidential.
    5. You may terminate your account at any time, by using BillGuard’s designated termination form in BillGuard’s Settings page 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 Services 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.
  5. Ratings.
    1. The Services may include the ability for you to rate merchants, transactions, products and services (“Ratings”). BillGuard may use your ratings, whether directly, indirectly or aggregative, and in statistical or graphical forms on the Services, and on further platforms and media, in its sole discretion.
    2. You represent and warrant that you will not post or add ratings that to the best of your knowledge are false, inaccurate, or misleading.
    3. Rating results are not posted on BillGuard’s behalf and do not reflect BillGuard’s views or opinions. All ratings are a direct reflection and outcome of the user’s ratings and are only made available by BillGuard in a clear and organized manner on the Service. BillGuard assumes no responsibility or liability with respect to the rating process or its results.
    4. You acknowledge that Ratings are considered User Submissions.  Without derogating from this Section 5 entitled ‘Ratings”, you agree that Ratings are subject to Section 11 below entitled ‘User Submissions’.
  6. Account termination.
    1. 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 Services (or any part thereof), remove content and take technical and legal measures to keep you off the Services, if BillGuard believes that:
      1. you have abused your rights to use the Services; or
      2. you have breached the Terms; or
      3. you have performed any act or omission that violates any applicable law, rules, or regulations; or,
      4. 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,
      5. you conveyed your password to another person;
      6. you are delinquent in the payment of any fees for the Services; or
    2. Except in cases where your continued use of the Services may expose BillGuard or any third party to risk or harm, BillGuard will reasonably attempt to receive your response and give you prior notice, when applicable, prior to taking the above actions.
  7. Links to Other Sites.
    1. The Service may contain links to content on other web sites that are not owned or controlled by BillGuard (each a “Third Party Site”) and may also permit you to post content to Third Party Sites.  We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any Third Party Site.. You may find the Third Party Sites or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral.  You: (i) are solely responsible and liable for your use of and linking to Third Party Sites and any content that you may send or post to a Third Party Site; and (ii) expressly release us from any and all liability arising from your use of any Third Party Site.  We encourage you to read the terms and conditions and privacy policy of each Third Party Site that you choose to visit or interact with.
    2. 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.
  8. Privacy.  BillGuard respects your privacy. BillGuard’s Privacy Policy explains BillGuard’s privacy practices with respect to any personal information collected in connection with your use of the Services and is incorporated by reference to the Terms.
  9. Correction of Errors.  BillGuard makes an effort to ensure the reliability of the information that appears in BillGuard’s 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]
  10. Intellectual Property.
    1. Content and Marks.  All rights, title and interest in and to the: (i) Services and any part thereof; (ii) text, documents, articles, brochures, descriptions, graphics, photos, sounds, videos and interactive features on the Services (collectively, the "Materials"), (ii) the Services’ products, services and Software (collectively, "Software"); (iii) User Submissions (as defined below and together with the Materials and Software, the "Content"), and (iv) the trademarks, service marks and logos contained therein ("Marks"), 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.
    2. 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 Services or 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.  Content on the Services 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 the Content you must retain all copyright and other proprietary notices contained therein.
    3. Use of Marks.  You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of BillGuard and other providers of the Services. You must avoid any action or omission which may dilute, or tarnish BillGuard’s goodwill.  “BillGuard”, the BillGuard logo, and other marks are Marks of BillGuard or its affiliates.  All other trademarks, service marks, and logos used on the Services are the trademarks, service marks, or logos of their respective owners.  
    4. Proprietary Notices.  You agree to abide by all messages and signs pertaining to proprietary rights, such as - Copyright mark [©] or Trademark [® or ™] accompanying the Services and any content provided through the Services. You agree to retain and avoid distorting such signs and notices in any copy thereof.
  11. User Submissions.
    1. Responsibility.  The Services may permit the submission, hosting, sharing and publishing of Materials by you and other users ("User Submissions").  You acknowledge that each Rating shall be considered a User Submission.  You understand that whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions.  You shall be solely responsible for your User Submissions and the consequences of posting, publishing or uploading them.  We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all Content posted on the Website (including User Submissions) at any time and for any reason.
    2. User Account Information.  Any information that we collect in connection with your User Account, including any login credentials (collectively “User Account Information”), is not considered a User Submission.  We keep your User Account Information confidential and will only use it in accordance with our Privacy Policy.
    3. License to User Submissions.  By uploading Materials to the Website, including any and all communications that you make with other users on or through the Website, you grant BillGuard a royalty-free, worldwide, non-exclusive, perpetual, irrevocable, transferable license, to copy, distribute, display publicly, make available to the public, adapt, sub-license, process and translate such content, combine such content with or incorporate such content into other content and modify and create derivative works of such content; in each case in connection with BillGuard’s operation of the Website and Service, and in BillGuard’s other media platforms, applications and services. You further waive all moral rights and rights of attribution with respect to the use of your User Submissions.  You also hereby grant each user of the Website or other viewer or user of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all in accordance with these Terms.
    4. Ownership.  You represent and warrant that you own or have the necessary rights and permissions to use and authorize BillGuard to use all Intellectual Property Rights (defined below) in and to your User Submissions and any other content that you provide to BillGuard, and to enable inclusion and use thereof as contemplated by the Services and these Terms.  Unless the User Submissions are separately referred to, all references herein to Content shall include references to User Submissions.  "Intellectual Property Rights" means any and all rights, titles and interests, whether foreign or domestic, in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, foreign or domestic.  You retain all of your ownership rights in and to your User Submissions.  
    5. Exposure.  You understand and acknowledge that when accessing and using the Services: (i) you will be exposed to User Submissions from a variety of sources, and that BillGuard is not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of, or relating to, such User Submissions; and (ii) you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.  You hereby agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against BillGuard with respect to (i) and (ii) herein.
  12. Anonymous Information.  You acknowledge and agree that BillGuard may collect and use non-personally identifiable data regarding activity in User Accounts in order to provide and improve the Services. For example, BillGuard may collect and use data regarding a potentially fraudulent transaction on a User Account in order to help identify similar fraudulent transactions on other User Accounts. None of this data will identify you, or any credit card number or account numbers.
  13. Changes in the Service. 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 do everything possible 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.
  14. Website and Service Availability.  The availability and functionality of the Services, or any part thereof, depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. Despite BillGuard’s efforts, BillGuard does not warrant or guarantee that the Services will operate without disruption, errors or interruptions, or that it will be accessible or available at all times.
  15. Termination of Operation.
    1. 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 provide prior notice of termination.
    2. You agree and acknowledge that BillGuard does not assume any responsibility with respect to, or in connection with the termination of the Services’ operations and loss of any data as a result.
  16. DISCLAIMER OF WARRANTY.
    1. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BILLGUARD DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO 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. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
    2. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
    3. Some Content THAT IS DISPLAYED ON OUR WEBSITE, 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]
    4. BILLGUARD DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL IDENTIFY ALL QUESTIONABLE TRANSACTIONS ON YOUR USER ACCOUNTS. BILLGUARD IS NOT A PARTY TO ANY TRANSACTIONS ON YOUR USER ACCOUNTS AND DOES NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO ANY SUCH TRANSACTIONS.
  17. LIMITATION OF LIABILITY.
    1. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, NEITHER BILLGUARD, NOR ANY OF BILLGUARD’S AFFILIATES NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, VENDORS, PARTNERS OR AGENTS (COLLECTIVELY, THE “BILLGUARD PARTIES”), SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OR LOSSES (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES OR PAYMENTS, WHETHER CLAIMED IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR ANY OTHER THEORY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICES, OR FROM ANY FAULT, OR ERROR MADE BY BILLGUARD or BILLGUARD’S STAFF OR ANYONE ACTING ON BILLGUARD’S BEHALF, OR FROM YOUR RELIANCE ON THE SERVICES OR CONTENT AVAILABLE ON THE SERVICES, OR FROM ANY COMMUNICATION WITH THE SERVICES, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE OR ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICES. IN ANY EVENT, TO THE EXTENT THAT ANY OF THE BILLGUARD PARTIES ARE IN ANY RESPECT FOUND TO BE LIABLE DESPITE THE PRECEDING SENTENCE, THEN THE MAXIMUM AGGREGATE LIABILITY OF THE BILLGUARD PARTIES TO YOU SHALL BE LIMITED TO THE FEES THAT YOU PAID BILLGUARD FOR THE SERVICES WITHIN the (12) MONTHS BEFORE THE OCCURRENCE OF THE EVENT THAT GAVE RISE TO YOUR CLAIM OR DEMAND. THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY EVEN IF BILLGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
    2. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
  18. Indemnification. You agree to indemnify, defend and hold harmless, BillGuard and each of the other BillGuard Parties, at your own expense and immediately after receiving a written notice from BillGuard, from and against any damages, awards, settlements, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, action or demand, arising from your use of the Services, or from any communications that you convey through the Services, or from your breach of the Terms, or any other terms, rules or regulations applicable to the Services, or from your alleged violation or infringement of any other person’s rights.
  19. Governing Law and Jurisdiction.
    1. 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.
    2. 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.
  20. 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.
  21. Notices. BillGuard may contact you and send you notice via e-mail, regular mail, Short Message Services (“SMS”), fax 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 of them. Please refer to our Privacy Policy or contact us. 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 will be deemed as received after one business day.

    BillGuard’s contact details:

  22. General.
    1. 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 Service.
    2. 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.
    3. 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.
  23. Changes in Ownership.  BillGuard may transfer its business relating to the Services, or any part thereof, to an affiliated company or a third party, including, but not limited to, by merger, sale of equity interests, sale of all or substantially all assets or other change of control transaction involving such business. In the case of such business transfer, BillGuard will transfer your details and information to the acquirer of such business and you hereby give your prior consent thereto. In such an event, and when possible, notice will be given of the business transfer.
  24. No Assignment.  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.
  25. Interpretation.  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.
  26. Severability.  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.
  27. Survival.  The provisions of these Terms titled Intellectual Property, License to User Submissions, 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 any termination or expiration of your use of the Services.