These Website Terms and Conditions of Use (“Terms and Conditions”) govern your (“You” or “you”) use of Billbusters’ Web Site (the “Web Site”). These Terms and Conditions are subject to change by Billbusters, at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these Terms and Conditions regularly. These Terms and Conditions were last updated: August 13th 2017
By accessing this web site, you are agreeing to be bound by these Terms and Conditions, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in or accessible within the Website, including information and software (the “Materials”), are protected by applicable intellectual property law, including copyright and trademark law.
Permission is granted to temporarily download one copy of the Materials on the Web Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title. This license is nonexclusive, non-transferable, limited, and revocable. Under this license you may not:
a.modify or copy the materials;
b.use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c.attempt to decompile or reverse engineer any software contained on the Web Site;
d.remove any copyright or other proprietary notations from the materials; or
e.transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Billbusters at any time. Upon terminating your viewing of these Materials or upon the termination of this license, you must destroy any downloaded Materials in your possession, custody, or control regardless of format.
You acknowledge and agree that the Materials accessible within the Web Site are the proprietary information of Billbusters, and Billbusters retains all right, title, and interest in the Materials. Accordingly, you will not reproduce, transmit, publish, or distribute such Materials to any third-party without the express written consent of the Billbusters except that you may print a copy of Materials solely for your personal, noncommercial use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
The materials on the Web Site are provided “as is”. Billbusters makes no warranties, expressed or implied, and disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Billbusters does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the Materials on its Web Site or otherwise relating to such Materials.
In no event shall Billbusters, its suppliers, or its authorized agents be liable for any special, consequential, exemplary, or punitive damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the services of Billbusters, even if Billbusters or a Billbusters authorized representative has been notified orally or in writing of the possibility of such damage. In no event will the collective liability of Billbusters, its suppliers, and its authorized agents to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount User has paid to Billbusters for the applicable service out of which the liability arose.
By providing personal and monthly billing information to Billbusters and its authorized agents, you warrant that you are the account holder or an authorized agent of the account holder and that all information provided by you to Billbusters, including, but not limited to, name, address, phone number, email address, service provider(s), monthly service(s), and monthly service price(s), is complete, truthful, and accurate. Billbusters will not share personal information except in negotiations with your service providers as provided under Section 7.
By registering with Billbusters, you acknowledge and authorize Billbusters and its authorized agents to:
Billbusters will work to negotiate the best possible rate(s) for the bill(s) you provide to us and on which it agrees to negotiate. Where Billbusters and its authorized agents cannot reduce your monthly rate(s) there will be absolutely no charge for services. Billbusters cannot guarantee and does not promise it can obtain lower rates or savings during negotiations on your behalf.
If Billbusters and/or its authorized agents cannot obtain lower rates for your monthly bills, there is no cost to you.
Billbusters may reduce the percentage it charges for its services for promotional reasons or during promotional periods in its sole and absolute discretion. A discounted percentage does not stack with any other promotional discount.
Unless explicitly confirmed in writing by an agent of Billbusters directly to You, the minimum charge for Billbusters’ services is twenty-five percent (25%) of savings obtained, regardless of any promotional offers.
Payment is due within fourteen (14) business days of the invoice date. Failure to make a timely payment may result in a late fee of five dollars ($5) per month for each month in which your account is in arrears.
If the savings shown on a Billbusters invoice are not accurate, you must notify Billbusters within thirty (30) days of receiving your Billbusters invoice. Billbusters will investigate with the service provider and attempt to rectify any mistake. If the mistake cannot be rectified, Billbusters will adjust your Billbusters invoice accordingly or, if you’ve paid annually, refund a corresponding portion of your Billbusters invoice.
Billbusters reserves the right to turn delinquent accounts over to collection agencies and/or report overdue balances to credit bureaus, including Experian, TransUnion and Equifax. If Billbusters must engage a collection agency or report your debt to credit bureau(s), Billbusters may charge a processing fee of $25 or more, subject to the maximum charge allowed by law.
If Billbusters accepts late or partial payments, it does not waive its right to collect all amounts owed under these Terms and Conditions of Use.
You may discontinue services with Billbusters at any time by notifying Billbusters through electronic mail, phone, or. mail. Cancellation is effective when the e-mail, call, and/or letter is received by Billbusters. Cancellation does not waive outstanding balances on your account, and Billbusters reserves the right to request payment in full for services rendered.
Billbusters reserves the right to cancel your account with Billbusters at any time for any reason and request payment in full for services rendered through the date of cancellation.
Billbusters does not provide legal, financial, or tax advice. You are using any and all information and Materials available on the Web Site at your own risk. You should consult with an accountant, attorney, and/or other professional adviser before making financial decisions.
The Materials appearing on the Web Site could include technical, typographical, or photographic errors. Billbusters does not warrant that any of the Materials are accurate, complete, or current. Billbusters may change the Materials at any time without notice. Billbusters does not, however, make any commitment to update the Materials.
Billbusters has not reviewed all of the sites linked to the Web Site, nor has it verified the accuracy or suitability of any information in any such sites. Billbusters is not responsible for the contents of any such linked site. Including any link does not imply endorsement by Billbusters of the site. Use and/or access of any such linked web site is at your own risk.
Billbusters does not operate, control or endorse any information, products, or services on the Internet in any way, except for information, products, or services clearly identified as being supplied by Billbusters. Billbusters cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. Billbusters assumes no responsibility or risk for your use of the Internet.
You will defend, hold harmless, and indemnify Billbusters, its owners, officers, directors, members, employees, contractors, suppliers, and its authorized agents (collectively the “Indemnified Parties”) from any breach of these Terms and Conditions by You, including any use of Materials other than as expressly authorized herein. You agree that the Indemnified Parties will have no liability for any such breach or unauthorized use, and You agree to defend, hold harmless, and to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's’ fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Web Site.
This Agreement shall be governed by and construed under the laws of Ontario, without giving effect to the conflict of law provisions thereof. The parties agree that none of them shall commence any legal or equitable proceedings against the other except in, and each submits to the jurisdiction of, either the provincial courts in Carleton County, Ontario, or the federal courts of Canada. Each party irrevocably waives, to the fullest extent permitted by law, all objections they may now or hereafter have to the venue of any such proceeding brought in any such court and any claim that any such proceeding brought in such court has been brought in an inconvenient forum.
In any action or proceeding by which Billbusters either seeks to enforce its rights under these Terms and Conditions or seeks a declaration of any rights or obligations under this agreement and is the prevailing party, Billbusters shall be awarded its reasonable legal fees, together with any costs and expenses, in connection with such proceeding, including those incurred on appeal or to enforce the final judgment, as well as any other relief to which it may be entitled at law or equity.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.