Last updated: September 16, 2016
THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH All Digital Inc., DBA All Digital Computers & Wireless (“ADCW”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Site), you must register for an account with ADCW (“ADCW Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your ADCW Account login information. You are fully responsible for all activities that are associated with your ADCW Account (including but not limited to any purchases, use of the Site, or correspondence from your account to ADCW). You agree to immediately notify ADCW of any unauthorized use or suspected unauthorized use of your ADCW Account or any other breach of security. When you provide ADCW with such notice, ADCW will suspend or otherwise secure your Account to prevent future unauthorized activity.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ADCW reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and ADCW reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. ADCW reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at ADCW’s sole discretion.
Risk of Loss
All items purchased from ADCW are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ADCW attempts to be as accurate as possible. However, ADCW does not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by ADCW is not as described, your sole remedy is to return the product.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on ADCW.com.
ADCW cannot confirm the price of an item until your submit an order. If you use Autoship, the price of an item will set at the time the order is processed. See Autoship Terms and Conditions for more information. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.
Permissible Uses of Site
Subject to the terms of this Agreement, ADCW grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. ADCW may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, it’s products or its content without the express written consent of ADCW; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without ADCW’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without ADCW’s express written consent.
ADCW reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that ADCW will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Intellectual Property Rights
The Site contains valuable trademarks and service marks owned and used by ADCW, including but not limited to, ADCW, the ADCW design logo, the tag line “where pet lover shop” and certain brands including Frisco and American Journey (collectively, the “ADCW Marks”). Any use of the ADCW Marks without the prior written permission of ADCW is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the ADCW Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of ADCW.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
ADCW uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.
“User Content” of the Site user means any and all information and content that such user submits to ADCW by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by ADCW. Because you alone are responsible for your User Content (and not ADCW), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. ADCW is not obligated to backup any User Content, makes no representation that it will do so, and you agree that ADCW may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to ADCW an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, ADCW social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
ADCW will treat any feedback, communications, or suggestions you provide to ADCW as non-confidential and non-proprietary. Thus, in the absence of a written agreement with ADCW to the contrary, you agree that you will not submit to ADCW any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your ADCW Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your ADCW Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of ADCW and ADCW is not responsible for any Third Party Sites. ADCW provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that ADCW will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
ADCW intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, ADCW EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL ADCW, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH ADCW, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH ADCW OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID ADCW IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold ADCW, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. ADCW reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of ADCW. ADCW will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOU AND ADCW AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. ADCW will provide such notice by e-mail to your e-mail address on file with ADCW and you must provide such notice by e-mail to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
ADCW and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither ADCW nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if ADCW makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to ADCW. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your ADCW Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your ADCW Account and right to access and use the Site will terminate immediately. You understand that any termination of your ADCW Account may involve deletion of any User Content you may have posted. ADCW will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your ADCW Account or deletion of your User Content.
Respect for Copyright Law
ADCW respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of ADCW’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. Â§ 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. Â§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
We reserve the right to make changes to our Site, this Agreement and other service terms, such as the Subscribe & Save Terms & Conditions. If any terms of this Agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without ADCW’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
The following section relates specifically to our ADbillcutters services:
ADbillcutters Terms & Conditions
This is a legal agreement between you and ADbillcutters that outlines the terms and conditions that apply to your access of ADbillcutters services to save money on your monthly bills.
- Our Bill-Cutting Service
ADbillcutters is experienced as a consultant to individuals, companies and organizations wishing to lower their monthly bills in the general areas of, but not limited to: cell phone, cable/satellite TV, internet, electricity and gas, mortgage, insurance, gym memberships, satellite radio, alarm services, etc.
ADbillcutters will negotiate with your service providers for discounts on your monthly bills. We will only make changes to features or services on your account (other than adding discounts, credits or promotions) with your permission.
ADbillcutters does not guarantee that savings will be achieved during each negotiation.
- Your Information & Participation
You agree to provide us accurate and current information, including but not limited to: name, address, phone number, email address, and any pass codes or other verification information required by service providers to negotiate on your behalf. Your personal information is confidential and will only be used within the scope of negotiating discounts and for internal purposes.
ADbillcutters must receive copies of your monthly bill statements with the necessary information required to negotiate discounts on your behalf, such as account number, outline of services/features, etc. You may send them to ADbillcutters through our website, email, fax or mail; or provide information for your Savings Expert to obtain statements directly from your provider.
Some service providers require that you verbally authorize your Savings Expert to speak on your behalf. If this is required as a security measure by your service provider, we won’t be able to negotiate savings on your behalf until you provide your consent.
The person who signs up with ADbillcutters is the person responsible for any and all charges owed to ADbillcutters, regardless of the name on the provider statement. You may submit bills under the name of a third party, such as a spouse, family member, friend or roommate; however you are responsible for paying fees to ADbillcutters.
- Costs to You
There is no up-front cost to use ADbillcutters.
a) If ADbillcutters saves you money, you agree to pay ADbillcutters 50% of the first year savings.
b) If ADbillcutters does not save you money, there is no charge to you.
- Billing Process
ADbillcutters will send you a savings summary and bill you for 50% of the savings achieved. You will give us a credit card to keep on file upon approval of our services. ADbillcutters will initiate the charge as per your approval.
a) Savings that are a known amount, such as $10 per month, can be paid monthly; or paid in full at the beginning of the savings period for an additional 10% discount.
b) Savings that are based on usage, such as electricity or gas, must be paid monthly.
ADbillcutters uses an online billing system. You will receive a payment receipt via email, upon credit card payment.
Pay in Full: If you pay in full for known savings, the credit card charge will be made within 5 days of completion of the negotiation process. The 10% discount will be applied. 10% pay in full discount only applies to recurring savings, and does not apply to one-time credits or discounts.
Monthly: If you opt to pay your known savings monthly, monthly recurring payments will be charged on the major credit/debit cards on file. If your recurring payment does not go through, we will assess applicable late fees and we reserve the right to demand payment in full. For monthly payments, it will be on around the 15th of each month.
Late Fees & Returned Payments
Payment is due around the 15th of each month. If the credit card payment does not go through, we may charge you a late fee of $5 per month.
If your payment is returned or otherwise rejected for non-sufficient funds, fraud, or any reason, you will be responsible for paying any applicable fees, including bounced check fees, etc.
Non-payment & Collections
If you do not pay ADbillcutters according to these Terms & Conditions, we may charge you a late fee of $5 per month. We also reserve the right to demand payment in full if you are delinquent in paying monthly.
We reserve the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If we must engage a collection agency or report your debt to credit bureau(s), we may charge a processing fee of $25 or more, subject to the maximum allowed by law.
If ADbillcutters accepts late or partial payments, we do not waive our right to collect all amounts owed.
Your savings should appear on your provider statements as outlined by your Savings Expert.
a) If the savings do not appear as discussed, you must notify ADbillcutters within 30 days of receiving your ADbillcutters invoice. We will investigate with the service provider and attempt to rectify any mistake. If the savings are not going to appear as originally discussed, ADbillcutters will update its invoice accordingly.
b) If you do not notify ADbillcutters within 30 days, it is assumed the savings appear as discussed and you will owe any applicable fees.
Cancellation of Provider Services
If you cancel your service before all savings appear on your bill(s), you must send documentation showing last date of service, and ADbillcutters will adjust your invoice accordingly. If you have paid in advance, we will issue you a credit to use toward future savings with ADbillcutters.
Chargebacks & Complaints
If you are unsatisfied with ADbillcutters services for any reason, you must contact ADbillcutters and allow us to rectify the situation before attempting a chargeback or making a complaint about the company. Any fees incurred because of a chargeback may be assessed to you.
- Cancellation of ADbillcutters Services
You may discontinue services with ADbillcutters at any time; to cancel your account, you must notify your Savings Expert via email. However, you will be responsible for paying any outstanding balance and/or applicable fees for savings already achieved.
ADbillcutters reserves the right to cancel your account at any time for any reason, and request payment in full for services rendered.
- Limitation of Liability & Indemnification
ADbillcutters shall in no event be liable or responsible for any damages to you or to any third party, whether in contract, warranty, tort (including negligence), statute or any other legal theory, or otherwise, for any special, direct, indirect, consequential, incidental, exemplary, liquidated or punitive damages, arising in whole or in part from your access to our websites and/or services. ADbillcutters will have no liability to you or any third party for content uploaded to or downloaded from our website or services.
By using our websites and/or services, you shall indemnify, defend and hold harmless ADbillcutters and its officers, employees and agents from and against all claims, damages and expenses.
- ADbillcutters is Not a Financial Advisor
ADbillcutters does not provide financial, legal or tax advice. All services or information provided is not intended to be financial, legal or tax advice. Before making financial decisions, you should consult with your accountant, attorney or other professional advisors who are aware of your personal circumstances.
- Prohibited Use
You may not use our services or websites other than as expressly allowed.
Any commercial or promotional distribution, publishing or exploitation of our service, content, or other materials is strictly prohibited unless you have received the express written permission from authorized personnel of ADbillcutters.
You are prohibited from accessing or attempting to access information and/or property of ADbillcutters that does not pertain to you, including but not limited to account information, computer equipment and networks, etc. You must comply with all applicable laws and regulations, including but not limited to hacking, phishing, fraud, spamming, etc.
You may not impersonate another user, misrepresent yourself, or provide false information to ADbillcutters.
You may not engage in any activity which encourages conduct that is unlawful, harmful, threatening, abusive, tortuous, harassing, defamatory, obscene, offensive, libelous, hateful or otherwise objectionable.
You may not infringe on the rights or privacy of any person or entity.
You may not transmit or communicate any content or file that is harmful or potentially damaging, including but not limited to spyware, viruses, worms, etc.
You may not attempt to decipher, decode or reverse-engineer any of the software or other electronic equipment that belongs to or is used by ADbillcutters.
You may not compromise or otherwise interfere, in whole or in part, with the actions of ADbillcutters or its officers, agents and employees.
- Rights You Grant to ADbillcutters
By using our websites and/or services, you are granting us the authority to act on your behalf with your service providers. You acknowledge and agree that ADbillcutters is authorized to speak with service providers on your behalf and make changes to your account, services, and/or features.
ADbillcutters reserves the right to make changes or updates to our websites, services or content at any time without notice, including but not limited to these Terms & Conditions, billing process, etc. You accept and agree to be bound by any changes to these Terms & Conditions when you use our services or websites after the changes are posted.
- Applicable Laws
This agreement, its interpretation and its application shall be governed by the laws of the State of Texas, and the parties agree that venue shall be in the federal and state district courts of Nueces County, Texas.
- Dispute Resolution
Any dispute with ADbillcutters, or its officers, employees or agents, shall be resolved through binding arbitration. You agree to waive your right to a trial by jury or to participate in a class action. You agree that you or ADbillcutters may bring claims against the other only on an individual basis, and not as part of a class. Class arbitrations and class actions are not permitted.
In the event of any legal proceeding between any of the parties to enforce or defend the terms in this agreement, the prevailing party or parties shall be paid all costs of such legal proceeding, including but not limited to reasonable and necessary attorney’s fees, court costs, travel, etc., by the other party or parties.
- Third Party Links or Services
Our website or content may mention or contain links to third party services or websites. ADbillcutters is not responsible for and does not endorse any third parties or their products/services. You are responsible and liable for any claims, offers, promotions, etc., before purchasing from or dealing with a third party, even if they are partnered or otherwise affiliated with ADbillcutters. Any transactions or dealings made by you with any third parties are exclusive between you and the third party, and ADbillcutters is not responsible.
- Disclaimer of Representations & Warranties
The content and all services and products associated with ADbillcutters are provided to you “as-is”. We make no representations or warranties of any kind, express or implied.
ADbillcutters does not guarantee the amount of, or if any savings will be achieved during a negotiation.
You expressly agree that your use of ADbillcutters services or websites is at your sole risk.
If we do not exercise or enforce one or more provisions of this agreement, we still maintain the right to do so at a later date.
If any provision is found by a court of competent jurisdiction to be invalid, the remainder of this agreement shall remain in effect.
If you have any questions about this agreement, please contact us.