Mandatory Arbitration. These Terms & Conditions contain a mandatory arbitration provision, as detailed below, that requires you to arbitrate, individually, all disputes or claims that you may have with us, our parent, related parties and marketing partners (collectively, “Marketing Partners”) who are third-party beneficiaries of the mandatory arbitration provision. Thus, for example, if you provide prior express written consent to be contacted via telemarketing or SMS/text messaging, any claims that you may have regarding any telemarketing or SMS/text messages that you receive are subject to the mandatory arbitration provision. The mandatory arbitration provision also waives your right to participate in a class action or multi-party arbitration. There are two narrow exceptions to the mandatory arbitration provision: (1) you may opt-out by providing written notice of your decision to do so within thirty (30) days of the date that you first register on a Site; and (2) you may opt-out by filing a claim in Small Claims Court provided the requirements described below are met.
How the Services Work. Our Services include, among other things: (1) negotiating on your behalf with certain companies that provide you with products you pay for on a recurring basis, such as telecommunications, internet, cable, satellite, wireless and security companies (“Providers”); (2) negotiating with a Provider to attempt to reduce the amount you are billed monthly for the Provider’s products (“Bill Reduction”) so you can earn savings (“Negotiated Savings”); (3) contacting Providers to cancel your memberships or subscriptions (”Subscription Cancellation”); and (4) suggesting alternative Providers that may be able to reduce your costs, or providing other related services designed to help you save money. We reserve the right to determine and modify the Services we offer in our sole discretion.
By signing up for our Services and submitting your personal information, you are giving us permission to negotiate with your Providers on your behalf. You agree that we are authorized to use the information you provide to communicate with the applicable Provider, make changes to your account(s) with the Provider, and to modify or cancel the services and/or features that you receive from the Provider, in accordance with this Agreement. Sometimes, while performing Services on your behalf, our BillBargain representatives may need to represent to the Provider that they are the account holder. This means that if you request Bill Reduction Services, you expressly consent to any changes that we make to your account to reduce your bill as long as the changes do not reduce the features or quality of the products you receive from the Provider. We may add discounts, credits, or promotions to your account, extend the term of your contract, or add features or improve the quality of the products or services you receive without obtaining your additional permission or consent to make such changes as long as the changes reduce your bill. If you wish to place any limitations on our ability to make changes, you must communicate those restrictions to us when you sign up for the Services in the manner we specify, or no such limitations shall apply. After the Services have been completed, your Provider may limit your ability to revert to a prior plan.
It is your responsibility to confirm that the Negotiated Savings are reflected in the next bill you receive from your Provider, and to notify us within thirty (30) days of receipt of our invoice for Services if your bill does not show the Negotiated Savings that we indicated you would receive. Upon receipt of notice from you of the disparity, we will research and contact the Provider to try to resolve the issue. If we determine that the Provider is not going to offer you the negotiated rate such that the Negotiated Savings will not be the amount originally calculated, we will recalculate the Negotiated Savings (if any) and issue an updated invoice and a refund of any overpayment if payment of the Company Fees was already received for the Bill Reduction. If you do not notify us that you did not receive the Negotiated Savings within thirty (30) days from the date of our invoice for the Services, the Negotiated Savings originally calculated will be deemed to be correct and will be assumed to have been applied to your account, and you will owe us any applicable Fees for the Services.
If you request Bill Reduction Services for a product that you intend to terminate and you fail to notify us of this fact prior to the start of the Bill Reduction negotiation as required by these Terms and Conditions, you will be responsible for the Negotiated for that period including beyond your anticipated termination date. However, in the event a product for which you received Bill Reduction Services is unexpectedly terminated prior to the end of the Savings Period, you may notify us in writing no later than thirty (30) days after such termination to request a pro-rata credit based on the Negotiated Savings not actually received by reason of the termination. Your request must include proof of the actual date of termination by your Provider. We will make adjustments to your account to the extent that we reasonably determine appropriate based on the circumstances in the form of a pro-rata credit to your account equal to the amount you have paid to us in Fees for Negotiated Savings not actually received due to the termination. Such credit is non-transferrable and not redeemable for cash.
Payment for Services. If our Bill Reduction negotiations with your Provider are not successful, then there is no charge to you for Bill Reduction Services. If we are successful, you agree to pay us a fee equal to forty percent (40%) of the Negotiated Savings (“Savings Fee”). Sometimes, we may offer you other types of services. If we do, we will communicate the specific pricing and the terms of those Services when the offer is made.
We reserve the right to cancel your account if we are unable to change your account for our Services. You may pay with a payment card online or via PayPal. We do not accept payment by check or cash. We reserve the right to collect your payment information in advance of performing the Services, and to charge such payment method for amounts due if payment is not otherwise received by the due date. By providing a payment method to us for payment of the Services, you authorize us to use such payment method for payment of all amounts due to us. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party. We may determine and modify the payment methods we accept from time to time in our sole discretion.
You will be responsible for any fees incurred for refused or rejected payments, including late fees, chargeback fees, fees for insufficient funds, or similar charges. We may notify you about late payments through email and/or text messages. We may in our sole discretion decide to accept incomplete payments, but in doing so we in no way waive our right to collect the remaining unpaid balance. A late fee will be charged on all accounts not paid when due at a rate of $25 per month (or the maximum amount allowed by law if such amount is less). If you fail to pay any amounts when due hereunder, you agree that we may report your failure to credit reporting agencies and/or refer such matter to an attorney or collection agency, in which event you agree to pay all our costs from such action, including reasonable attorneys’ fees.
If you dispute the amounts you are invoiced or are dissatisfied with the Services for any reason, you agree to contact us in writing, describe in reasonable detail the facts and circumstances which are the basis for such dissatisfaction or dispute, and cooperate with us in good faith to provide us the opportunity to remedy the situation or issue a refund before requesting a chargeback or making a complaint or filing a claim against us. If we are unable to resolve the dispute in this fashion, then you agree to follow the dispute resolution procedure set forth in these Terms & Conditions, below. If you do not notify us of your dispute of our invoice for the Services within thirty (30) days from the invoice date, the invoice will be deemed accepted and valid. Customer support is also available to provide assistance here.
Using the Dashboard. Start the savings process by registering for a BillBargain account (“Dashboard”). Complete the required information: email address and create a login password. Once in the Dashboard, you will be able to begin communicating with BillBargain representatives about your bill. You can either i) scan or take a photo of your bill(s), or ii) schedule a call with a BillBargain representative. If you are not ready to discuss your bill(s) when you register, you may still access your BillBargain account at that time.
You can upload a bill or schedule a call at any time through your Dashboard. Once in the Dashboard, you will also have access to your uploaded bills, bills pending review by a BillBargain, calls pending, total savings, invoices and your saved payment methods. You can opt-in to receive notifications of the status of your bill by email and/or SMS text messaging. Once we have received updates from your Provider, including a request for more information about your Provider account or a successful Bill Reduction negotiation, we will send you a notification about it. If our Bill Reduction negotiations are successful, your invoice will reflect the Savings Fee.
Cancellation of Services and Agreement Termination. You may cancel a request for Services by contacting us any time prior to commencement of the Services. Please note that we strive to begin negotiations promptly upon receipt of your request for Services, so if you wish to cancel please do so within 24 hours. If you wish to cancel after the Services have begun but are not yet completed, you may be responsible for reimbursing us for our reasonable costs expended in performing the Services up until such cancellation.
We reserve the right to restrict or cancel your access to your account and its contents or any part or feature thereof at any time. We may decline to accept your request for Services or may elect to stop performing Services for you at any time in our sole discretion.
You may terminate this Agreement at any time for any reason. Upon termination you must stop using your account. If you wish to terminate this Agreement after you have requested Services but before the Services have been completed, you must first cancel the Services following the process detailed above. You may terminate the Agreement by giving us written notice of termination at the address shown below by a method that permits you to produce evidence that you terminated this Agreement. Upon any termination of this Agreement, all amounts owed by you for Services provided under this Agreement prior to termination will become immediately due and payable.
Telemarketing and Text Messages. Where you provide “prior express written consent” within the meaning of the Telephone Consumer Protection Act (“TCPA”), you consent to receive telephone calls, including artificial voice calls, pre-recorded messages and/or calls delivered via automated technology, and text and SMS messages to the telephone number(s) that you provided from us and the Marketing Partners listed in the consent. You are not required to provide this consent to purchase any of the goods or services offered on our Sites. Your consent simply allows you to be contacted via these means. If you provide consent, we and any of the Marketing Partners may send you SMS messages from their short codes or long codes. Our short codes are 53294, 91982, 27367, 68766 and 411411; we may acquire additional short codes. Message Frequency Varies, maximum 15 messages per month. Message and data rates may apply. Text STOP to opt-out from future messages and HELP for help or Contact Us. Compatible carriers include: AT&T, Verizon Wireless, Sprint, Boost, Alltel (Verizon Wireless), U.S. Cellular, MetroPCS, T-Mobile ® United Wireless, Virgin Mobile, Boost Mobile, Cellcom, C Spire Wireless CellSouth, Cricket, Cincinnati Bell and Virgin Mobile®. T-Mobile® is not responsible for delayed or undelivered messages.
Any claims you may have under the TCPA against us or any of the Marketing Partners will be subject to the Arbitration/Dispute Resolution provision below.
Agreement; Choice of Law/Jurisdiction and Venue. You agree that these Terms & Conditions constitute the agreement between us and that New York law controls, without regard to conflicts of law provisions. Any dispute that is not resolved by arbitration and proceeds in a state or federal court will be adjudicated in a court in the State of New York, New York county. You expressly waive any defense or objection to venue or personal jurisdiction.
Arbitration/Dispute Resolution. You agree to arbitrate any and all claims arising out of or related to the Agreement. If you have a dispute concerning any aspect of the Agreement, including without limitation, your participation in a Promotion, entitlement to an Incentive or a telemarketing call or SMS/text message that you received from us or a Marketing Partner, you should first contact customer support on the Site or complete a customer support ticket. We will attempt to resolve the matter to your satisfaction within thirty (30) days of our receipt of a customer support ticket. We may choose to provide you with a final written settlement offer during this process. If we provide you with a final written settlement offer and you don't accept it, if we can't otherwise satisfactorily resolve your dispute, or if you choose to skip this step, you must submit your dispute for resolution by arbitration before the American Arbitration Association ("AAA") in the county where you live by filing a separate Demand for Arbitration online by following the instructions at https://apps.adr.org/webfile/.
An AAA arbitrator will have exclusive authority to resolve any dispute or claims that you may have with us—and our Marketing Partners who are third-party beneficiaries of the mandatory arbitration provision—arising out of or related to the Agreement. Matters subject to mandatory arbitration include, without limitation, whether this Arbitration/Dispute Resolution provision applies to your particular claim or dispute, and any claim that all or any part of the Agreement, including this provision, are/is unenforceable. If the claim is against us, you will need our mailing address to file online. To obtain our mailing address, contact us by clicking here.
If we have a dispute, we will submit our dispute for resolution by arbitration before the AAA in New York, NY. If either party files for arbitration, it will be conducted in accordance with the then current AAA Commercial Arbitration Rules.
If you proceed to arbitration against us, you will pay all AAA filing fees and we will pay for all administration and arbitrator fees unless the arbitrator determines that your claim is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). For claims brought by you of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. If you initiate arbitration against us and the arbitrator awards you relief that is greater than our final written settlement offer made before an arbitrator was selected, then we will pay you a minimum recovery of Five Hundred Dollars ($500.00), plus we will reimburse any reasonable expenses incurred by your attorney, if any, including fees reasonably accrued for investigating, preparing and pursuing the claim in arbitration. Although under some laws we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we agree that we will not seek such an award from you. You and your attorneys are not required to keep the results of the arbitration confidential. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in such a suit.
Class Action Waiver. The arbitration provision contained in these Terms & Conditions does not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement.
Exceptions to Mandatory Arbitration. There are two narrow exceptions to mandatory arbitration. First, you may opt-out of the Arbitration/Dispute Resolution provision by providing written notice of your decision within thirty (30) days of the date that you first register on the Site. To obtain our mailing address, contact us by clicking here.
Second, you may choose to pursue your dispute or claim in Small Claims Court rather than by arbitration but only if your dispute or claim qualifies for Small Claims Court in a location where jurisdiction and venue over both you and Ease Wins, LLC is proper.
Other than these two exceptions, you must arbitrate any claims as provided above.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, OUR MARKETING PARTNERS OR ANY SERVICE PROVIDER USED BY US TO PROVIDE THE SUBJECT SERVICE.
Policy Against Spam. We require that all emails promoting the Sites are sent only to users who have agreed to receive such emails. We prohibit any advertising of our Sites using “spam”—unsolicited emails. If an advertiser or other person advertising or promoting our Sites fails to comply with our “no spam” policy, we will terminate our agreement with such person. If you feel you’ve been sent unsolicited spam emails promoting a Site and would like to register a complaint, please let us know here. We will immediately investigate all allegations of spam email and take appropriate action.
Disclaimer of Warranties. The Sites, Services and any third-party partner's products and/or services that you may receive from us, one of our Marketing Partners or other third-party partners (collectively “activity and content relating to the Sites”) is subject to change and is provided to you "as is" without any warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We make no warranty that the activity and content relating to the Sites will (i) meet your requirements; (ii) be uninterrupted, timely, secure or error-free; or (iii) be accurate or reliable. We assume no responsibility for any damage to your computer system or loss of data that may have resulted from material downloaded or otherwise obtained through activity relating to the Sites. We assume no responsibility for the deletion of, or failure to store, email messages and any other personalization settings in relation to activity and content relating to the Sites. No advice or information, whether oral or written, obtained by you from us, shall create any warranty not expressly stated in these Terms & Conditions. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We do not represent that your use of any content will not infringe the rights of any third parties.
The Services are not intended to, and do not, constitute legal, professional, or financial advice, are not intended to be a substitute for such advice, and may not be used for such purposes. Always seek the advice of your attorney, tax advisor, financial planner, or other professional advisor with any questions you may have regarding such matters. Our representatives performing the Services are not authorized to provide any such advice or make any claims of guaranteed savings or representations of expected results on our behalf. No written or verbal statement, by one of our representatives shall supplement or amend this Agreement. We do not guarantee that any savings or particular outcome will be achieved through the Services.
Limitation of Liability. To the maximum extent allowed by applicable law, we will not be liable for any indirect, incidental, special or consequential damages arising out of or relating to the Agreement, the Sites, our Services, no matter how caused. In no event will our total cumulative liability to any user exceed an amount equal to the lesser of (i) $1,000, or (ii) the Savings Fee.
Liability Release. By accessing one of our Sites, using our Services, you release us and our respective parents, subsidiaries, and other associated companies, and the directors, shareholders, officers, employees, or agencies of any of the above organizations, for any and all liability for any injury, death, loss, tax liability or damage of any kind arising from your participation in a Promotion, or resulting from acceptance, possession, use or misuse of any Service.
Indemnification. You agree to indemnify and hold us, our parents, subsidiaries and related parties, and each of their respective members, officers, directors, employees, agents and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees, costs and settlement costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (i) your use of our Site, the Services, user generated content (“UGC”) or other content; (ii) your breach of these Terms & Conditions; (iii) your violation of any rights including, but not limited to, intellectual property right; or (iv) any deceptive, threatening, libelous, obscene, harassing or offensive material contained in any of your email communications or other submissions to our Site.
Updates. We may revise these Terms & Conditions any time. Your continued use of a Site and/or acceptance of our Services evidences your acceptance of any changes. If you do not accept any of the Terms & Conditions or this summary, we ask that you not complete our registration process, use the Services or access a Site.