SUPERBILL, INC.
Last Modified: December 18, 2023
These Terms of Service (these “Terms”) are entered into by and between you and Superbill, Inc. (“SuperBill,” “our,” “us,” or “we”). These Terms describe your rights and responsibilities when accessing and/or using, whether as a visitor or user, www.thesuperbill.com or www.superdial.ai (including any subdomain(s) and successor URL(s), the “Site”) and/or any related software and services owned and operated by us (collectively, including the Site, the “Products and Services”). By accessing or using the Products and Services, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms. Please read these Terms carefully to ensure that you understand each provision before accessing or using the Products and Services. If you do not want to agree to these Terms, you must not use or otherwise access the Products and Services.
THESE TERMS CONTAIN A MANDATORY MUTUAL INDIVIDUAL ARBITRATION PROVISION IN SECTION 15.b (THE “ARBITRATION AGREEMENT”) AND A MUTUAL CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 15.c (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, SUBJECT ONLY TO THE EXCEPTIONS SPECIFIED IN SECTION 15.b AND SECTION 15.c OR UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS SET FORTH IN SECTION 15.b , THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
SuperBill reserves the right to modify these Terms from time to time at our sole discretion. When we make material changes to these Terms, we will update the ‘last modified’ date at the beginning of these Terms. Your continued use of the Products and Services following the posting of revised Terms of Service means that you acknowledge and agree to the changes, and constitutes your acceptance of the new Terms of Service. You are expected to review these Terms from time to time – we recommend you check the Terms each time you access the Products and Services – to ensure that you are aware of any changes. All changes to these Terms will be effective from the date of publication, unless otherwise provided by us in writing.
The Products and Services are technology-driven offerings designed to automate phone calls on behalf of our customer ("Customers").
By agreeing to these terms, Customers authorize SuperBill to use any information provided, as well as both onshore and offshore labor, to deliver the Products and Services. Customers authorize SuperBill to share any information provided with relevant third parties, including but not limited to call recipients. Customers authorize SuperBill to use their identifying information to act as their authorized representative when dealing with third parties to conduct these phone calls.
You may use the Products and Services only if you can form a binding contract with SuperBill, and only in compliance with these Terms and all applicable local, state, federal, national, and international laws, rules, and regulations (“Applicable Law(s)”). Any access to or use of the Products and Services by anyone under 18 years of age is strictly prohibited and in violation of these Terms. The Products and Services are not available to you if we have previously notified you that you may not access or use them.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Products and Services for your personal use or internal business use only (as applicable), in each case as permitted by the features of the Products and Services. If you are an entity, the license granted in this Section 3 allows use of the Products and Services by only those of your employees, consultants, and agents who are authorized by you to access and use the Products and Services through your User Account (as defined below) (each, an “Authorized User,” and, collectively, the “Authorized Users”). SuperBill may terminate the license granted in this Section 3 at any time, for any reason or no reason.
You may be required to register an account on the Site (your “User Account”) in order to gain access to certain of the Products and Services’ functionalities, which we may establish and maintain from time to time, in our sole discretion. We may maintain different types of User Accounts for different types of users. If you open a User Account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity, with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.
When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account (including, if applicable, the activity of the Authorized Users), and you must keep your User Account password and any other credentials used to access your User Account (other than your email address) secure and confidential. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, and symbols) in connection with your User Account. You should use particular caution to ensure that others are not able to view, track, or record your email, password, or other credentials when you access your User Account from a public or shared computer. You must notify SuperBill immediately of any breach of security or other unauthorized access to or use of your User Account. SuperBill will not be liable for any losses caused by any unauthorized use of your User Account. SuperBill reserves the right to disable any User Account at any time, in its sole discretion, including, without limitation, if, in our opinion, you have violated any provision of these Terms.
Certain aspects of the Products and Services may be provided for a fee or other charge. If you elect to use paid aspects of the Products and Services, you agree to the pricing and payment terms (i) applicable to you and available on the Site (such terms, as we may update them from time to time, the “Pricing and Payment Terms”) or (ii) set forth in an order form that expressly references these Terms and that is executed by an authorized representative of each of us (each, an “Order Form”), as the case may be. Our Pricing and Payment Terms are hereby incorporated by reference herein. SuperBill may add new services for additional fees and charges, and may add or amend fees and charges for existing services, at any time, in its sole discretion, subject to the terms of the applicable Order Form, if any. Any change to our Pricing and Payment Terms will become effective in the billing cycle following notice of such change to you as provided in these Terms.
We claim no ownership rights over any information you provide to us or make available on or through the Products and Services, or that is shared with us on your behalf by third parties (collectively, including the Personal Information (as defined in our Privacy Notice), “Information”). As between you and us, the Information remains yours. However, you agree that we may use the Information to facilitate our provision of the Products and Services to you.
By submitting, posting, displaying, providing, or otherwise making available any Information to SuperBill or on or through the Products and Services, you hereby grant, and you represent and warrant that you have all rights necessary to grant, to SuperBill a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, disclose, distribute, and make derivative works of all such information and your (or any Authorized User’s) name, voice, and/or likeness as contained in such information, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Products and Services and SuperBill’s (and its successors’ and affiliates’) business.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under any Applicable Law.
In connection with your Information, you affirm, represent, and warrant the following:
SuperBill takes no responsibility and assumes no liability for any Information shared by you or on your behalf. You will be solely responsible for your Information and the consequences of submitting, posting, displaying, providing, or otherwise making available any Information to SuperBill or on or through the Products and Services.
SuperBill (including its licensors) is and will remain the sole owner of, and reserves all rights (including Intellectual Property Rights), title, and interest not expressly granted herein in and to, the Products and Services (including, but not limited to, all information, software, text, photographs, images, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, videos, and audio incorporated therein or embodied thereby, and the design, selection, and arrangement thereof on the Site, but excluding your Information). If you print, copy, modify, download, license, rent, sell, distribute, transmit, display, perform, publish, or otherwise provide or make available to any other person or entity access to the Products and Services (or any portion thereof) in violation or breach of these Terms, your rights to access and use the Products and Services will cease immediately and you must, at our option, return or destroy (subject to written verification) any and all copies of any materials you have made. Any access to, or use of, the Products and Services not expressly permitted by these Terms constitutes a breach of these Terms and is strictly prohibited.
Without limiting the generality of the foregoing, except to the extent expressly permitted herein, you may not use or display SuperBill’s names, logos, trademarks, service marks, designs, slogans, domain names or URLs, or other business identifiers (collectively, “Marks”), nor the Marks of SuperBill’s affiliates or licensors, nor any other Marks that may be contained in the Products and Services, without the prior written permission of SuperBill. Any use by you of a Mark, and all goodwill associated therewith, will inure solely to the benefit of such Mark’s owner. Except to the extent expressly permitted herein, you may not issue any public announcement or press release, nor make any other promotional effort, in connection with the Products and Services and/or your relationship with us, without our prior written approval.
You and/or your Authorized Users may choose to, or we may invite you and/or your Authorized Users to, submit suggestions, ideas, comments, or other feedback about the Products and Services, including, without limitation, about how to improve the Products and Services or any other SuperBill products and services (“Feedback”). To the extent you or any Authorized User provide(s) us with any Feedback, you acknowledge and agree that we will own such Feedback, and you hereby assign to us, on behalf of yourself and any such Authorized User(s), all rights (including all Intellectual Property Rights), title, and interest in and to such Feedback. To the extent that the foregoing assignment cannot, as a matter of law, be accomplished, you hereby grant to us, on behalf of yourself and any such Authorized User(s), an exclusive, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers of sublicensees), transferable, and worldwide license to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback in any way, without any restrictions, fees, or attribution or other obligations to you or to any Authorized User.
You may use the Products and Services only for lawful purposes, strictly in accordance with these Terms and all Applicable Laws. Without limiting the generality of the foregoing, you agree not to use the Products and Services:
You also agree not to engage in any of the following prohibited activities in connection with the Products and Services:
If you are an entity, (a) you are responsible for all acts and omissions of the Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you; and (b) you will make all Authorized Users aware of these Terms’ provisions, as applicable to such Authorized Users, and you will cause each Authorized User to comply with such provisions.
Without limiting SuperBill’s rights at law or in equity, and without limiting the generality of any other terms of these Terms, SuperBill reserves the right to, with or without prior notice:
Upon any termination for any reason or no reason, you continue to be bound by these Terms.
Without limiting the generality of the foregoing, we have the right to fully cooperate with any law enforcement authorities, regulatory agencies, and/or administrative or court orders requesting or directing us to disclose the identity or other information of any individual or entity accessing, using, or posting any materials on or through the Products and Services. YOU HEREBY WAIVE, ON BEHALF OF YOURSELF AND ANY AND ALL AUTHORIZED USERS, AND HOLD US AND OUR LICENSORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND/OR OUR LICENSORS DURING OR AS A RESULT OF ANY SUCH INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS OR OTHER ACTIONS BY US, LAW ENFORCEMENT AUTHORITIES, REGULATORY AGENCIES, AND/OR ANY OTHER PARTIES.
We care about your privacy. By accessing and/or using the Products and Services, you acknowledge and understand that your Information, as well as other information related to your use of the Products and Services, will be collected, used, and disclosed as set forth in our Privacy Notice. You also understand that your Information, as well as other information related to your use of the Products and Services, will be collected, used, transferred to, and processed in the United States and/or any other country in which SuperBill or its parent, subsidiaries, affiliates, or service providers operate.
SuperBill cares about the integrity and security of your Information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or to use your Information for improper purposes. You acknowledge that you provide your Information, and authorize third parties to provide your Information, and, if applicable, that of the Authorized Users, at your own risk.
You hereby release, on behalf of yourself and any and all Authorized Users, SuperBill from all damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other users of the Products and Services) in connection with the Products and Services. Additionally, you hereby waive, on behalf of yourself and any and all Authorized Users, any Applicable Law, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
You agree to defend, indemnify, and hold harmless SuperBill and its subsidiaries and other affiliated companies, and its and their agents, licensors, managers, employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (a) your use of and/or access to the Products and Services, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including, without limitation, your breach of any of the representations and warranties under these Terms; (c) your violation of any third-party right, including, without limitation, any right of privacy or Intellectual Property Right; (d) your interactions with other users of the Products and Services; (e) your violation of any Applicable Law; (f) any information that is submitted to us or to the Products and Services by you or on your behalf, including, without limitation, misleading, false, or inaccurate information; (g) your negligence, recklessness, or willful misconduct; or (h) any other party’s access to and/or use of the Products and Services with your unique user name, password, or other appropriate security code or credentials. For purposes of subsections (a) through (g) (inclusive) of this Section 12, “you” includes the Authorized Users (if any), and “your” has the corresponding meaning.
THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS AND SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, THE PRODUCTS AND SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SUPERBILL OR THROUGH THE PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, SUPERBILL, ITS SUBSIDIARIES AND OTHER AFFILIATED COMPANIES, AND ITS AND THEIR LICENSORS DO NOT WARRANT THAT THE CONTENT FOUND ON OR THROUGH THE PRODUCTS AND SERVICES IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PRODUCTS AND SERVICES WILL MEET YOUR (OR ANY AUTHORIZED USER’S) REQUIREMENTS; THAT THE PRODUCTS AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE (OR ANY AUTHORIZED USERS’ COMPUTER SYSTEMS OR MOBILE DEVICES), OR FOR LOSS OF DATA, THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE PRODUCTS AND SERVICES.
FEDERAL LAW, AND SOME STATES, PROVINCES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAWS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUPERBILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES WILL SUPERBILL BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE PRODUCTS AND SERVICES OR YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUPERBILL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE PRODUCTS AND SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCTS AND SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PRODUCTS AND SERVICES BY ANY THIRD PARTY; (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PRODUCTS AND SERVICES; AND/OR (g) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL SUPERBILL, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO SUPERBILL HEREUNDER OR US$100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SUPERBILL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree that: (i) the Products and Services will be deemed solely based in California; and (ii) the Products and Services will be deemed passive such that they do not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement and preempts all state laws to the fullest extent permitted by Applicable Law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the laws of the State of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a our copyrights, trademarks, trade secrets, patents, or other Intellectual Property Rights or proprietary rights, as set forth in the Arbitration Agreement, including any provisional relief required to prevent irreparable harm. You agree that San Francisco County, California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement is found to be unenforceable.
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from SuperBill. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and SuperBill that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (ii) the Products and Services, including access to or use of the Products and Services, as well as receipt of any advertising, marketing, or other communications from SuperBill; (iii) any transactions through, by, or using the Products and Services; or (iv) any other aspect of your relationship or transactions with SuperBill (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your acceptance of these Terms.
If you are a new user of the Products and Services, you can reject and opt-out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing SuperBill at support@thesuperbill.com with your full name and stating your intent to opt-out of this Arbitration Agreement. Note that opting out of this Arbitration Agreement does not affect any other part of these Terms, including the provisions regarding governing law or the courts in which any disputes must be brought.
For any Claim, you agree to first contact us at support@thesuperbill.com and to attempt to resolve the Claim with us informally. In the unlikely event that SuperBill has not been able to resolve a Claim it has with you within sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by the American Arbitration Association (“AAA”) before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as otherwise provided herein, or as otherwise determined by the Arbitrator. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in San Francisco County, California, unless you and SuperBill agree otherwise. If you are using the Products and Services for commercial purposes, each party will be responsible for paying any AAA filing and administrative and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. If you are an individual using the Products and Services for non-commercial purposes: (A) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (B) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorneys’ fees, and your reasonable costs for expert and other witnesses; and (C) you may sue in a small claims court of competent jurisdiction, on an individual basis only, without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and SuperBill agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable, or relating to any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to contract formation and whether the Terms, or any provision of the Terms, are unconscionable or illusory.
Notwithstanding anything to the contrary, nothing in this Arbitration Agreement will be deemed as preventing SuperBill from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of its data security, Intellectual Property Rights, or other proprietary rights; or as preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE PRODUCTS AND SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS MUTUAL WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS. YOU AND SUPERBILL MUTUALLY AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS OF THE PRODUCTS AND SERVICES. YOU AND SUPERBILL FURTHER AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SUPERBILL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SuperBill without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
SuperBill may provide notifications, whether such notifications are required by Applicable Law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on the Site, as determined by SuperBill in its sole discretion. SuperBill reserves the right to determine the form and means of providing notifications to users of the Products and Services, provided that you may opt out of certain means of notification as described in these Terms. By providing SuperBill your email address, you consent to our using that email address to send you notices relating to the Products and Services, including any notices required by Applicable Law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as messages regarding changes to features of the Products and Services and special offers. If you do not want to receive such email messages, you may opt out of receiving such email messages by clicking on the “unsubscribe” link in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. SuperBill is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.
These Terms (including, if applicable, the Order Form(s)) constitute the entire agreement between you and SuperBill concerning the Products and Services. Except as otherwise stated in the Arbitration Agreement, if any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect, except that, in the event of unenforceability of the Class Action/Jury Trial Waiver, the entire Arbitration Agreement will be unenforceable.
No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or of any other term, and SuperBill’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
SuperBill is based in California, in the United States. We provide the Products and Services for use only by persons and entities located within the United States. We make no claims or representations that the Products and Services or any content available therein is accessible, appropriate, or lawful outside of the United States. Access to the Products and Services by certain persons or in certain jurisdictions may not be legal. If you access the Products and Services from outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to, export and import regulations. You may not use the Products and Services if you are, and you represent and warrant that you are not: (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties. Use of the Products and Services is void where prohibited.
You expressly consent and agree that SuperBill may contact you (and, if applicable, your Authorized Users) using written, electronic, and/or verbal means, including by manual dialing, emails, leaving pre-recorded/artificial voice messages, and/or using an automatic telephone dialing system to call or text the mobile/cellular telephone number(s) provided to us, as necessary to complete transactions requested by you and to service your account and as Applicable Law allows, even if such phone number(s) is/are registered on any federal or state Do-Not-Call/Do-Not-email registry.
Additionally, we offer you the chance to enroll to receive recurring SMS/text messages from SuperBill. Standard messaging and data rates and/or other carrier charges may apply. You may enroll to receive SMS/text messages about account-related news and alerts and/or marketing and promotional offers for SuperBill products and services. By enrolling in SuperBill’S SMS/text messaging service, you agree to receive SMS/text messages from SuperBill to the mobile phone number provided to us, and you certify that such mobile number is true and accurate and that you are authorized to enroll the designated mobile number to receive such SMS/text messages. You acknowledge and agree that the SMS/text messages may be sent using an automatic telephone dialing system and that standard message and data rates apply. Consent is not required as a condition of purchase. SuperBill is not responsible for any delays upon sending or receiving SMS/text messages.
To unsubscribe from promotional SMS/text messages at any time, reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to any promotional SMS/text messages you receive from SuperBill. You consent that, following such a request to unsubscribe, you may receive one final SMS/text message from SuperBill confirming your request. For help, contact us at support@thesuperbill.com.
YOU ALSO AGREE THAT WE MAY COMMUNICATE WITH THIRD PARTIES ON YOUR BEHALF, INCLUDING BY EXCHANGING AND TRANSMITTING YOUR PERSONAL INFORMATION, VIA THE MODES OF COMMUNICATION LISTED ABOVE.
Please contact us at support@thesuperbill.com with any questions regarding these Terms or the Products and Services.