Updated: August 3, 2022
Disclaimers:
1.1 Overview: Billy.com ("Billy", "we" or "our") provides services (the “Services”) by connecting Users who have specific service-related needs to service providers who contract with us (the “Partners”). Users come to the Billy.com website (www.billy.com) (the “Site”) and provide information regarding services that they need through completing our online forms (the “Forms”). Through our Forms, we may collect information from Users such as the type of service, details of the service including the size of the job and the desired dates of service, phone number, email address, and ZIP code. Once Users submit the Form to us, we send the information in the Form to qualified Partners from our database via an email or a text message (the “Lead”). We send such information in the Form notwithstanding the fact that the User may be on any Federal, State or other “Do Not Call” list. Our proprietary technology determines qualified Partners by analyzing information such as the ZIP code where the Partners are willing to provide their services and specifications that Partners may choose to provide on Leads that they want to receive from us. In most cases, we may choose to set a limit on the number of Partners who receive a unique Lead. We usually charge our Partners a fee for Leads delivered to them. Any of the qualified Partners to whom we send the Lead may contact the User either through phone or email, including an automated dialing system, sms text messaging, or pre-recorded messages. Thereafter, Users may choose to further communicate with our Partners at their own discretion.
Our Site and any other service or operation related to the website or to any other relationship you have with us will be referred here as “Services”. THERE IS NO COST TO YOU FOR USE OF THE SERVICES. Our fees are paid by our providers to whom we forward your information.
Our role is strictly limited to connecting Users with Partners and we do not participate in any way in communications between Users and Partners. Billy.com has neither examined any of the Partners nor pre-screened the services or any information provided by Partners via the Site or Services. We do not and cannot guarantee and do not assume any responsibility or liability that Partners will contact the User in response to the Form, that there will be Partners who are capable of or willing to complete the requested services at the time and place requested, that Partners will provide cost estimates to the User or that the Partner contracted by the User will perform services as desired by the User and / or as promised by the Partner. These terms and conditions (the “Terms”) constitute a binding legal agreement between you and Billy.com. By accessing the Site or otherwise using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms. References to the Site shall include, but is not limited to, any and all uses of Billy.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Site Content” means all Content that Billy.com makes available through the Site or Services, including any Content licensed from a third party
1.2 General Terms: Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions for a specific area of the Site, Services, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING ANY SITE CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR SITE CONTENT. If you use the site on behalf of a company or other legal entity, then by accessing or using the Site or services or by downloading any Site Content from or on the Site or through the Services, then you accept or agree to these Terms on behalf of a company or other legal entity and you also represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PLEASE NOTE THAT THE SITE AND SERVICES ARE MERELY AN INTERFACE TO INTRODUCE, AND FACILITATE COMMUNICATIONS BETWEEN USERS AND PARTNERS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY EFFORTS BY PARTNERS TO CONTACT YOU THROUGH VARIOUS MEANS NOTWITHSTANDING THE FACT THAT YOU MAY BE ON A FEDERAL, STATE OR OTHER “DO NOT CALL” LIST OR DESPITE YOUR REQUESTING US OR THE PARTNERS THAT THEY SHOULD CEASE AND DESIST FROM CONTACTING YOU. YOU UNDERSTAND AND AGREE THAT BILLY.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND PARTNERS. ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND PARTNERS WILL BE ENTERED INTO BY YOU AT YOUR OWN RISK. BILLY.COM CANNOT AND DOES NOT CONTROL THE QUALITY, TIMELINESS, SAFETY, MORALITY OR LEGALITY OF ANY ASPECT OF THE SERVICES OFFERED, THE TRUTH OR ACCURACY OF THE OFFERING, THE PERFORMANCE, ABILITY, SUITABILITY OR SERVICE GUARANTEE OF ANY PARTNERS WHO CONTACT YOU AND / OR WHO YOU MAY CONTRACT WITH AS A RESULT OF YOUR COMPLETING THE ONLINE FORMS VIA THE SITE AND SERVICES. BILLY.COM HAS NO CONTROL OVER THE CONDUCT OF PARTNERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
1.3 Failure to Enforce: The failure of Billy.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Billy.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
1.4 Not Responsible for Content: By using the Site, you hereby acknowledge and agree that Billy.com is not responsible or liable for any content published, submitted or uploaded to the Site. You acknowledge and understand that any use of the Billy.com Site and / or Services is at your own risk. The information provided on the Site or Services is neither a recommendation nor a suggestion of any kind; nor is it an appraisal, guarantee of value, warranty, or valuation. You agree that Partners' pricing offers are estimates of value that should only be used as a general guideline for price discovery and the actual price may vary significantly from estimates provided by Partners. Billy.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or (iii) bear any responsibility for price estimates made by Partners and the variances in the actual price from estimates provided by Partners. Under no circumstances will Billy.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content provided on the Site or otherwise by Partners or us.
1.5 Modification: We have the right, at our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will provide the modified Terms on the Site or provide you with notice of the modification to your email address. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or the Services after we have updated a modification on the Site or have provided you with notice of a modification through email, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, the only recourse available to you is to immediately cease using the Site and the Services
1.6 Eligibility: The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older. Billy.com may, in its sole discretion, refuse to offer access to or use of the Site and Services to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
1.7 No Endorsement: Please note that Billy.com does not endorse or recommend any Partners that may contact you after you submit a Form via the Site and Services. We do not make any attempt to confirm, and do not confirm, any Partner’s purported identity. You are responsible for determining the identity and suitability of Partners who contact you based upon your Form. We will not be responsible for any damage or harm resulting from your interactions with Partners. By using the Site and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions by Partners or other third parties will be limited to a claim against the particular Partners or other third party who caused you harm and you agree not to impose liability on, or seek any legal remedy from Billy.com with respect to such actions or omissions.
1.8 Privacy: Our Privacy Policy for the Site and Services is accessible at our Privacy page. It is incorporated herein by reference. Our Privacy Policy describes our practices related to the collection, use and disclosure of personal information received from Users of the Site and Services.
1.9 General Prohibition: You agree not to do any of the following:
Billy.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Billy.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Billy.com has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable laws or the order or requirement of a court, administrative agency or other governmental body. Billy.com reserves the right, at any time and without prior notice, to remove or disable access to any Content.
2.1 Information: As a User, you need to submit the Form to be contacted by our Partners. We will use any or all of information in your Form to find Partners and may share such information including any personally identifiable information such as your phone number and email address with our Partners so that they may contact you directly. Note that Billy.com has not granted Partners a license to use the information for unsolicited commercial messages. The Site and Services are only an interface to introduce, and facilitate communications between Users and Partners and Billy.com is not a party to any relationship or agreement entered into between Users and Partners and disclaims any and all liability relating thereto. Partners who contact you as a result of your use of the Site and Services are not employees, agents or contractors of Billy.com and are not, in any way, affiliated with Billy.com. There is no guarantee that Billy.com can match you to a Partner that is willing or able to provide the services you desire. Billy.com does not perform and is not responsible for the services provided by any Partners. Your contractual rights for such services are governed by any contract you enter with the relevant Partners. You are solely responsible for your interactions with Partners and you agree that you will exercise caution, discretion, common sense and judgment in, your interaction with such Partners.
2.2 Interaction with Billy.com Officers, Employees & Agents: When you communicate with officers, employees, contractors, agents and affiliates of Billy.com and any third-parties that Billy.com may choose to use, you will be respectful and will not be abusive, threaten, use profanity, be sexist, racially offensive or behave inappropriately. Exhibition of any such behavior can result in your being denied access to the Site and Services. We or any third-party agents that represent us can monitor and / or record any telephone calls with you.
3.1 Ownership: The Site, Services, and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Billy.com and its licensors exclusively own all right, title and interest in and to the Site, Services and Billy.com Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.
3.2 Billy.com Content License: Subject to your compliance with these Terms, Billy.com grants you a limited, non-exclusive, non-transferable license (without the right to sublicense, sell, transfer or assign) to access, view, download and print any Site Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, sell, transfer, assign, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Billy.com (whether Billy.com has registered such intellectual property or not) or its licensors, except for the licenses and rights expressly granted in these Terms.
3.3 Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@billy.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Billy.com and you hereby irrevocably assign to Billy.com and agree to irrevocably assign to Billy.com all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patents, copyrights, trade secrets, moral and other proprietary or intellectual property rights therein. At Billy.com’s request and expense, you will execute documents and take such further acts as Billy.com may reasonably request to assist Billy.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
4.1 Disclaimers: PLEASE NOTE THAT BILLY.COM IS NOT A MOVING COMPANY OR A COMPANY PROVIDING HOME IMPROVEMENT SERVICES AND DOES NOT ENTER INTO AGREEMENTS WITH USERS FOR THIRD PARTY MOVING SERVICES. WE DO NOT PROVIDE ANY ADVICE TO USERS INCLUDING LEGAL ADVICE. WE DO NOT ENDORSE OR RECOMMEND ANY OF THE PARTNERS WHO MAY CONTACT YOU IN REGARD TO ANY FORM MADE VIA THE SITE AND SERVICES. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF PARTNERS OR OTHER INDIVIDUALS YOU MAY INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE AND SERVICES.
IF YOU CHOOSE TO USE THE SITE AND SERVICES AND PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION INCLUDING YOUR CONTACT INFORMATION, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BILLY.COM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY PARTNERS AND ANY THIRD PARTIES. THE SITE, SERVICES, CONTENT AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BILLY.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BILLY.COM MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BILLY.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES PROVIDED BY THE PARTNERS WHO CONTACT YOU AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BILLY.COM OR THROUGH THE SITE, SERVICES, OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH PARTNERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. BILLY.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF PARTNERS AND ANY THIRD PARTIES. BILLY.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF PARTNERS, AND OTHER THIRD PARTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH PARTNERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
4.2 Links: The Site and Site Content may contain links to third-party websites or resources. You acknowledge and agree that Billy.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Billy.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
4.2 Links: The Site and Site Content may contain links to third-party websites or resources. You acknowledge and agree that Billy.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Billy.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5.1 Indemnification. You will indemnify and hold harmless Billy.com and its owners, officers, shareholders, affiliates, subsidiaries, directors, employees, contractors and agents from and against, any losses, liabilities, claims, lawsuits, judgments, damages and expenses incurred by us or any of the afore-mentioned parties due to your actions or inactions related to or arising out of any of the following: (a) your access to or use of the Site, Services or Site Content (b) the inaccuracy, or breach of any representation, covenant, warranty, or any other agreement set forth in this Agreement including misrepresentation or wrong information provided; (c) your interaction with any Partners or (d) your violation of these Terms.
5.2 Billy.com's Right to Defense: Notwithstanding anything else provided herein, and without limiting your obligation to fully indemnify Billy.com under this Agreement, Billy.com reserves the absolute right to assume the defense of any claim. In the event that such claim is within the scope of your indemnification obligation, you agree to reimburse Billy.com any and all costs and expenses (including reasonable attorneys' fees) incurred in the defense of such claim.
6.1 Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
6.2 Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Billy.com and you regarding the Site, Services and Site Content, and your interaction with Partners or any Third Parties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Billy.com and you regarding the Site, Services, and Site Content.
6.3 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Billy.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Billy.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
6.4 Agreement to Arbitrate: You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries, affiliates, or agents including, but not limited to, Billy.com, shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries, affiliates, or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
6.5 Survival: The following clauses shall survive the termination of the Agreement: 1.3 Failure to Enforce, 4.2 Disclaimers, 4.4 Limitation of Liability, 5.1 Indemnification and 6.4 Disputes
Prohibition of Class and Representative Actions and Non-Individualized Relief
You and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding, including but not limited to actions under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. Unless both you and us agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form if a consolidated, representative, or class proceeding. The arbitrator may award relief, including monetary, injunctive, and declaratory relief, only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect our other users.
Arbitration Procedures
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules and a form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or we may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and us subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
This arbitration provision shall survive termination of this Agreement to Arbitrate and the closing of your Account or your use of or access to our Services, or any products or services sold, offered, or purchased through our Services.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by us should be submitted by mail to the AAA along with your Demand for Arbitration and we will arrange to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse us for all fees associated with the arbitration paid by us on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
Confidentiality
The arbitration proceedings and arbitration award shall be maintained by the parties as strictly confidential, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and to family members of a party who is an individual.
Severability
Except for any of the provisions in this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”) is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
1.1 Overview: Billy.com Ltd (“Billy.com”, “us” or “we”) provides services (the “Services”) by connecting Users who have specific service-related needs to service providers (the “Providers”) online. Users come to the Billy.com website (www.billy.com) (the “Site”) and provide information regarding the services that they require (the “Post”). This includes information such as the User’s name, email address, and phone number and other personally identifiable information (the “Personal Information”) and details regarding the type of service, the location where the service is required such as the ZIP code and the date when the service is desired (the “Post Content”). Once we receive a Post, we send the Post Content and exclude the Personal Information provided by the User to Providers via email or a text message (unless the User also chooses to include such Personal Information within the Post Content). Our proprietary technology matches Users to Providers based on various criteria, such as the location and ZIP code where the service is requested and where Providers provide services. In some cases, Providers need to pay us a fee to respond to the Post. When a Provider chooses to respond to the Post, we send the Personal Information solely to that Service Provider. We send this information even if the User is listed on any Federal, State or other applicable “Do Not Call” list. Typically, we allow multiple Providers to respond to the Users although in most cases, we set a limit on the number of Providers that can respond to a unique Post. The response of the Providers may include information about their services, their experience in performing such services, their availability, further questions regarding the Post and in some cases, preliminary price quotes for the service. Users may choose to communicate further with the Providers through the Site or through other modes of communication.
Our role is strictly limited to connecting Users with Providers and we do not participate in any way in communications between Users and Providers. Billy.com has neither examined any of the Providers nor pre-screened the Providers, Site Content (defined below), services, offers, listings, or any information provided by Providers via the Site. We do not and cannot guarantee and do not assume any liability or responsibility that there will be response to the User’s Post, that there will be Providers who are capable of or willing to complete the requested services at the time and place requested, that the Providers will provide cost estimates to the User or that Providers will perform services as desired by the Users or as promised by the Providers. Unless Users expressly opt out, all Posts (excluding the Personal Information) and Providers’ responses are displayed in chronological order on the site based on the time of the Post though we may choose not to display certain Posts, delete Posts after a certain period of time, assign higher priority to certain Posts or display Posts in an order other than chronological. We do not guarantee that we will not display any Personal Information if the User has included such information in the Post Content. These terms and conditions (the “Terms”) constitute a binding legal agreement between you and Billy.com. By accessing the Site or otherwise using the Services, you acknowledge that you have read, understand and agree to be bound by these Terms. References to the Site shall include, but is not limited to, any and all uses of Billy.com via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Billy.com Content” means all Content that Billy.com makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content that a User of the Site posts, uploads, publishes, submits or transmits to be made available through the Site or Services.
“Site Content” means User Content and Billy.com Content.
1.2 General Terms: Certain areas of the Site (and your access to or use of certain Services or Site Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Services, or Site Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Site Content.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR THE SERVICES OR BY DOWNLOADING ANY SITE CONTENT FROM OR ON THE SITE OR THROUGH THE SERVICES, YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR SITE CONTENT. If you use the Site on behalf of a company or other legal entity, then by accessing or using the Site or Services or by downloading any Site Content from or on the Site or through the Services, then you accept or agree to these Terms on behalf of a company or other legal entity and you also represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
PLEASE NOTE THAT THE SITE AND SERVICES ARE MERELY AN INTERFACE TO INTRODUCE, AND FACILITATE COMMUNICATIONS BETWEEN USERS AND PROVIDERS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY EFFORTS BY PROVIDERS TO CONTACT YOU THROUGH VARIOUS MEANS NOTWITHSTANDING THE FACT THAT YOU MAY BE ON A FEDERAL, STATE OR OTHER “DO NOT CALL” LIST OR DESPITE YOUR REQUESTING US OR THE PROVIDERS THAT THEY SHOULD CEASE AND DESIST FROM CONTACTING YOU. YOU UNDERSTAND AND AGREE THAT BILLY.COM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND PROVIDERS. ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND PROVIDERS WILL BE ENTERED INTO BY YOU AT YOUR OWN RISK. BILLY.COM CANNOT AND DOES NOT CONTROL THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY ASPECT OF THE SERVICES OFFERED, THE TRUTH OR ACCURACY OF THE OFFERING, THE PERFORMANCE, ABILITY, OR SUITABILITY OF ANY PROVIDERS WHO CONTACT YOU AS A RESULT OF YOUR POST VIA THE SITE AND SERVICES. BILLY.COM HAS NO CONTROL OVER THE CONDUCT OF PROVIDERS AND OTHER USERS OF THE SITE AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
1.3 Failure to Enforce: The failure of Billy.com to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Billy.com. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
1.4 Not Responsible for Content: By using the Site, you hereby acknowledge and agree that Billy.com is not responsible or liable for any content published, submitted or uploaded to the Site. You acknowledge and understand that any use of the Billy.com Site and / or Services is at your own risk. The information provided on the Site or Services is neither a recommendation nor a suggestion of any kind; nor is it an appraisal, guarantee of value, warranty, or valuation. You agree that Providers' pricing offers or cost estimates are estimates of value that should only be used as a general guideline for price discovery and the actual price may vary significantly from estimates provided by Providers. Billy.com does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or (iii) bear any responsibility for price or cost estimates made by Providers and the variances in the actual price or cost from estimates provided by Providers. Under no circumstances will Billy.com or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content provided on the Site or otherwise by Providers or us.
1.5 User Responsible for Content: The User is solely responsible for any content, information and comments, uploaded, submitted or transmitted by the User through the Site and for the consequences of emailing, distributing, posting or publishing it. Billy.com does not endorse any Users' Content and expressly disclaims any and all liability in connection with such Content
1.6 Modification: We have the right, at our sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification to your email address. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or the Services after we have posted a modification on the Site or have provided you with notice of a modification through email, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, the only recourse available to you is to immediately cease using the Site and the Services
1.7 Eligibility: The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services, you represent and warrant that you are 18 or older. Billy.com may, in its sole discretion, refuse to offer access to or use of the Site and Services to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law and this right is revoked in such jurisdictions.
1.8 No Endorsement: Please note that Billy.com does not endorse or recommend any Providers that may contact you after you make a Post via the Site and Services. We do not make any attempt to confirm, and do not confirm, any Provider’s purported identity. You are responsible for determining the identity and suitability of Providers who contact you based upon your Post. We will not be responsible for any damage or harm resulting from your interactions with Providers. By using the Site and Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions by Providers or other third parties will be limited to a claim against the particular Providers or other third party who caused you harm and you agree not to impose liability on, or seek any legal remedy from Billy.com with respect to such actions or omissions.
1.9 Privacy: Our Privacy Policy for the Site and Services is accessible at [INSERT URL]. It is incorporated herein by reference. Our Privacy Policy describes our practices related to the collection, use and disclosure of personal information received from Users of the Site and Services.
1.10 General Prohibition: You agree not to do any of the following:
Billy.com will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Billy.com may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Billy.com has no obligation to monitor your access to or use of the Site, Services or Site Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable laws or the order or requirement of a court, administrative agency or other governmental body. Billy.com reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any User Content, that Billy.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
2.1 Information: As a User, you can make Posts to request information about, obtain cost or price estimates from and potentially hire Providers. You may provide information including but not limited to the description of the service that you desire, the dates when you require the service and personally identifiable information including but not limited to your postal address, email address, phone number and ZIP code in the Post. We will use any or all of information in your Post to find Providers and may share such information including any personally identifiable information with such Providers so that they may contact you directly and discuss your Post further. Note that Billy.com has not granted Providers a license to use the information for unsolicited commercial messages. The Site and Services are only an interface to introduce, and facilitate communications between Users and Providers and Billy.com is not a party to any relationship or agreement entered into between Users and Providers and disclaims any and all liability relating thereto. Providers who contact you as a result of your use of the Site and Services are not employees, agents, contractors or affiliates of Billy.com. There is no guarantee that Billy.com can match you to a Provider that is willing or able to provide the services you desire. Billy.com does not perform and is not responsible for the services provided by any Providers. Your contractual rights for such services are governed by any contract you enter with the relevant Providers. You are solely responsible for your interactions with Providers and you agree that you will exercise caution, discretion, common sense and judgment in, your interaction with such Providers.
2.2 User Registration: Users are given the option of creating an account with the Site (“Sign-Up”). During the course of Sign-Up, Users are asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time, or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You also warrant and represent that any information provided by you during the Sign-Up process is complete, truthful and accurate, and you agree to ensure that such information is kept up to date. You may not use false identities for Sign-Up.
2.3 User Responsible for Content: The User is solely responsible for any content, information and comments, uploaded, submitted or transmitted by the User through the Site and for the consequences of emailing, distributing, posting or publishing it. Billy.com does not endorse any Users' Content and expressly disclaims any and all liability in connection with such Content. By uploading, communicating or transmitting any Users' Content using the Site or the Services, you further represent and warrant that your Content does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory or unlawful and that it complies with these Terms.
2.4 Interaction with Billy.com Officers, Employees & Agents: When you communicate with officers, employees, contractors, agents or affiliates of Billy.com and any third-parties that Billy.com may choose to use, you will be respectful and will not be abusive, threaten, use profanity, be sexist, racially offensive or behave inappropriately. Exhibition of any such behavior can result in your being denied access to the Site and Services. We or any third-party agents that represent us can monitor and / or record any telephone calls with you.
3.1 Ownership: The Site, Services, and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Billy.com and its licensors exclusively own all right, title and interest in and to the Site, Services and Billy.com Content, including all associated intellectual property rights (whether Billy.com has registered such intellectual property or not). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Site Content.
3.2 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content through the Site and Services, you hereby grant to Billy.com a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, assign, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, create derivative works of, host, index, cache, tag and otherwise exploit such User Content only on, through or by means of the Site and the Services. Billy.com does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Billy.com the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Billy.com’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.3 Billy.com Content License: Subject to your compliance with the terms and conditions of these Terms, Billy.com grants you a limited, non-exclusive, non-transferable license (without the right to sublicense, assign, sell or transfer) to access, view, download and print any Billy.com Content solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, sell, assign, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Services, or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Billy.com or its licensors (whether such intellectual property is licensed or not), except for the licenses and rights expressly granted in these Terms.
3.4 Use of User Content: Unless you expressly opt out of making your Post public, Billy.com has the right to display your Post to other Users of the Site and shall be free to use or disseminate your Post on an unrestricted basis on the Site or third-party web-sites.
3.4 Billy.com Can Purge Content: Billy.com reserves the right to purge Users' Content from its databases at any time and from time to time without notice. You acknowledge and agree that you are solely responsible for backing up any Users' Content uploaded to the Site by your use of the Services.
3.5 Content Monitoring: Billy.com may, but is not obligated to, monitor interactions between you and Providers and / or other Users and may, but is not obligated to, take any action in good faith to restrict access to or the availability of any material that we or another User of our Site may consider obscene, lewd, lascivious, offensive, violent, harassing or otherwise objectionable. Billy.com reserves the right, but is under no obligation, to review all User's Content and block, delete, add clarifications, terminate access to, or remove any such User Content that Billy.com, in its sole discretion, considers to be non-compliant with any of the requirements of these Terms and/or any law or regulation under applicable jurisdiction. Notwithstanding the aforesaid, by using the any of Billy.com Services, you hereby acknowledge and agree that you may be exposed to User or Provider Content that is unlawful, inaccurate, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, sexually or otherwise offensive, vulgar, obscene, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and you waive any legal or equitable rights or remedies that you have or may have against Billy.com with respect thereto.
3.6 Feedback: We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at feedback@billy.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of Billy.com and you hereby irrevocably assign to Billy.com and agree to irrevocably assign to Billy.com all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patents, copyrights, trade secrets, moral and other proprietary or intellectual property rights therein. At Billy.com’s request and expense, you will execute documents and take such further acts as Billy.com may reasonably request to assist Billy.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
4.1 Termination and Account Cancellation: If you breach any of these Terms, Billy.com will have the right to suspend or disable your use of the Site or terminate your account, at its sole discretion and without prior notice to you. Billy.com reserves the right to revoke your access to and use of the Site, Services and Content at any time, with or without cause. Upon termination of service, all licenses granted to you for the Site Content shall terminate immediately. You further agree that Billy.com is not liable to you or any third party for any termination of your access to the Site or Services. However, Billy.com has the right to use any data collected from your use of the Site or Site Content for analysis and archival and all related licenses that you have granted Billy.com shall remain in effect for these purposes.
You can delete your Posts by using the “Settings” tab under “My Posts”. However, if we have already shared your Personal Information in respect of such Posts, we are not liable and responsible if any Service Providers contact you. You may access and update or correct the Personal Information you provided us by going to “My Profile”. If you wish to delete your account with or without cause, you need to email us at users@billy.com. We will act on your request within 21 days from the date of receiving such email.
5.1 Insurance Quotes: Users may create Posts requesting cost estimates for certain types of insurance policies and Providers may provide pricing for certain types of insurance policies (the "Insurance Quote Service"). Please note that the purpose of the Insurance Quote Service is to provide our Users with the ability to obtain comparative insurance cost estimates from a nationwide network of insurance agents, brokers and other licensed insurance providers ("Providers"), based on the information such Users provide in the Post. Each Provider may have one or more companies on behalf of which such Provider will provide you with a cost estimate. Providers may contact you directly if such Provider can provide you with a cost estimate for insurance coverage and in some cases, the Providers may ask you to provide further information that the Providers may need to obtain an accurate cost estimate for you. Please note that the actual price of any insurance policy you may be offered at the conclusion of your application for insurance with a Provider and underwriting process may be higher or lower than the cost estimated via the Insurance Quote Service. This variation in price may be due to a variety of factors, including, but not limited to, additional information that the Providers discover in the course of underwriting your insurance application, a change in your age, or a change in the applicable insurer's rates. By using the Insurance Quote Service, you agree that you will not provide any false or misleading personal information or submit information on behalf of anyone other than yourself, without that person's written permission. By submitting information via the Insurance Quote Service, you authorize up to eight (8) Providers or other Insurance Quote Service partners or third party affiliates to contact you using any or all of the contact information you provide via the Site. In addition, by submitting a Post via the Insurance Quote Service, you represent that you are not doing so, directly or indirectly, for the purpose of or in connection with, any attempt to solicit, sell or obtain insurance to, for or on behalf of a third party (other than as a means of referring such third party to the Site and Services).
5.2 Disclaimers: PLEASE NOTE THAT BILLY.COM IS NOT AN INSURANCE COMPANY, MOVING COMPANY, OR A COMPANY THAT PROVIDES SERVICES REQUESTED BY USERS AND THEREFORE DOES NOT QUOTE INSURANCE POLICY PRICES OR PRICE QUOTES OR COST ESTIMATES AND DOES NOT ISSUE INSURANCE CONTRACTS, BIND INDIVIDUALS TO INSURANCE COVERAGE, OR OTHERWISE ENTER INTO AGREEMENTS WITH USERS FOR THIRD PARTY SERVICES. WE DO NOT PROVIDE INSURANCE, TAX, FINANCIAL OR LEGAL ADVICE. WE DO NOT ENDORSE OR RECOMMEND ANY OF THE PROVIDERS WHO MAY CONTACT YOU IN REGARD TO ANY POST MADE VIA THE SITE AND SERVICES. ACCORDINGLY, WE ARE NOT RESPOSIBLE FOR THE CONDUCT OF PROVIDERS OR OTHER INDIVIDUALS YOU MAY INTERACT WITH AS A RESULT OF YOUR USE OF THE SITE AND SERVICES.
IF YOU CHOOSE TO USE THE SITE AND SERVICES AND PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION INCLUDING YOUR CONTACT INFORMATION, YOU DO SO AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT BILLY.COM DOES NOT CONDUCT BACKGROUND CHECKS ON ANY USERS OF THE SITE AND SERVICES, PROVIDERS AND ANY THIRD PARTIES. THE SITE, SERVICES, CONTENT AND SITE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BILLY.COM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BILLY.COM MAKES NO WARRANTY THAT THE SITE, SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BILLY.COM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SERVICES PROVIDED BY THE PROVIDERS WHO CONTACT YOU AS A RESULT OF YOUR USE OF THE SITE AND SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BILLY.COM OR THROUGH THE SITE, SERVICES, CONTENT OR USER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, PROVIDERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. BILLY.COM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES AND PROVIDERS. BILLY.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES, PROVIDERS, AND OTHER THIRD PARTIES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES, PROVIDERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
5.3 Links: The Site and Site Content may contain links to third-party websites or resources. You acknowledge and agree that Billy.com is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Billy.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
5.4 Limitation of Liability: YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, YOUR RECEIPT OF ANY SERVICES FROM PROVIDERS WHO CONTACT YOU AS A RESULT OF YOUR USE OF THE SITE AND SERVICES OR YOUR INTERACTION WITH SUCH PROVIDERS, REMAINS WITH YOU. BILLY.COM’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH BILLY.COM (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." NEITHER BILLY.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR PROVIDERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BILLY.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. BILLY.COM EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY EMPLOYEES, CONTRACTORS, AFFILIATES OR AGENTS OF BILLY.COM, OTHER USERS, PROVIDERS, ADVERTISERS AND/OR SPONSORS ON THE WEBSITE, IN CONNECTION WITH THE SITE OR OTHERWISE RELATED TO YOUR USE OF THE SITE.
6.1 Indemnification. You will indemnify and hold harmless Billy.com and its owners, officers, shareholders, affiliates, subsidiaries, directors, employees, contractors and agents from and against, any losses, liabilities, claims, lawsuits, judgments, damages and expenses incurred by us or any of the afore-mentioned parties due to your actions or inactions related to or arising out of any of the following: (a) your access to or use of the Site, Services or Site Content (b) the inaccuracy, or breach of any representation, covenant, warranty, or any other agreement set forth in this Agreement including misrepresentation or wrong information provided; (c) your interaction with any Providers or (d) your violation of these Terms.
6.2 Billy.com's Right to Defense: Notwithstanding anything else provided herein, and without limiting the User’s obligation to fully indemnify Billy.com under this Agreement, Billy.com reserves the absolute right to assume the defense of any claim. In the event that such claim is within the scope of your indemnification obligation, you agree to reimburse Billy.com any and all costs and expenses (including reasonable attorneys' fees) incurred in the defense of such claim.
7.1 Controlling Law and Jurisdiction: These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
7.2 Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between Billy.com and you regarding the Site, Services and Site Content, and your interaction with other Users, Providers or any Third Parties, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Billy.com and you regarding the Site, Services, and Site Content.
7.3 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Billy.com’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Billy.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
7.4 Agreement to Arbitrate: You and we each agree that any and all disputes or claims that relate to or arise from your use of or access to our Services, or any products or services sold, offered, or purchased through our Services, including any contact from our subsidiaries, affiliates, or agents including, but not limited to, Billy.com, shall be resolved exclusively through final and binding arbitration between us and you, or between our subsidiaries, affiliates, or agents and you, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate section (this “Agreement to Arbitrate”).
7.5 Survival: The following clauses shall survive the termination of the Agreement: 1.3 Failure to Enforce, 3.2 User Content, 5.2 Disclaimers, 5.4 Limitation of Liability, 6.1 Indemnification and 7.4 Disputes