Bill

BILL LEAD DIRECTORY
TERMS OF SERVICE

Disclaimer Copy:

Thank you for selecting the Lead Directory offered by Bill.com , LLC (“Directory”) and/or its subsidiaries and affiliates (referred to as "BILL", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and BILL. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Directory, you agree to these terms. If you do not agree to this Agreement, then you may not use the Directory.


Terms of Service Copy:

Thank you for selecting the Lead Directory offered by BILL, LLC (“Directory”) and/or its subsidiaries and affiliates (referred to as "BILL", "we", "our", or "us"). Review these Terms of Service ("Agreement") thoroughly. This Agreement is a legal agreement between you and BILL. By accepting electronically (for example, clicking "I Agree"), installing, accessing or using the Directory, you agree to these terms. If you do not agree to this Agreement, then you may not use the Directory.

  1. GENERAL TERMS
  2. AGREEMENT

This Agreement describes the terms governing your use of the Directory, including content, updates and new releases. It includes by reference:

  • BILL's Privacy Notice.
  • BILL’s Terms of Service.
  • Terms of service and privacy notices from third parties, including PartnerPage.
  • Any terms provided separately to you for the Directory, including product or program terms, ordering, activation, payment terms, etc.
  1. YOUR RIGHTS TO USE THE DIRECTORY

2.1 The Directory is protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Directory and only for the purposes described by BILL. BILL reserves all other rights in the Directory. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, BILL grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Directory.

2.2 You agree not to use, nor permit any third party to use, the Directory or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

  • Provide access to or give any part of the Directory to any third party.
  • Reproduce, modify, copy, deconstruct, sell, trade or resell the Directory.
  • Make the Directory available on any file-sharing or application hosting service.
  1. CONTENT

3.1 You are responsible for your content. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which this Content originated. This means that you, and not BILL, are solely and entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. BILL does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of this Content. Under no circumstances will BILL be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.

You grant BILL a worldwide, royalty-free, non-exclusive license to host and use for the purpose of providing the Directory, and consistent with this Agreement, any Content provided through your use of the Directory. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. BILL is not responsible for the Content or data you submit through the Directory.

You agree not to use, nor permit any third party to use, the Directory to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage "flaming" others, or criminal or civil liability under any local, state, federal or foreign law;
  2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual's privacy;
  3. Except as permitted by BILL in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
  4. Virus, trojan horse, worm or other disruptive or harmful software or data; and
  5. Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.

3.2 Community forums and communications. The Directory may include a community forum or other social features, including to exchange Content and information with other users of the Directory and the public. BILL does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which BILL is not responsible.

3.3 BILL may freely use feedback you provide. You agree that BILL may use your feedback, suggestions, or ideas in any way, including in future modifications of the Directory, other products or services, advertising or marketing materials. You grant BILL a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to BILL in any way.

3.4 BILL may monitor your Content. BILL may, but has no obligation to, monitor content on the Directory. We may disclose any information necessary to satisfy our legal obligations, protect BILL or its customers, or operate the Directory properly. BILL, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

  1. ADDITIONAL TERMS

4.1 BILL does not give professional advice. Unless specifically included with the Directory, BILL is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice through the Directory. Consult a competent professional when you need this type of assistance.

4.2 We may tell you about other BILL services. You may be offered other services, products, or promotions by BILL ("BILL Services"). Additional terms and conditions and fees may apply. With some BILL Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant BILL permission to use information about your business and experience to help us to provide the BILL Services to you and to enhance the BILL Services. You grant BILL permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant BILL permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

4.3 Communications. BILL may be required by law to send you communications about the Directory or Third Party Products. You agree that BILL may send these communications to you via email or by posting them on our websites

4.4 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Directory and to contact BILL if you become aware of any unauthorized access to your account. The Directory may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Directory. You agree to receive these updates.

4.5 Telephone Numbers. You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that BILL may use your telephone number for "multi-factor authentication" ("MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve BILL sending text messages containing security codes to your telephone number. You agree to receive these texts from BILL containing security codes as part of the MFA process. In addition, you agree that BILL may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including: providing you with important critical notices regarding your use of the Directory, or fulfilling a request made by you through the Directory.

  1. DISCLAIMER OF WARRANTIES

5.1 YOUR USE OF THE DIRECTORY, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE DIRECTORY IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BILL.COM, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE DIRECTORY IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE DIRECTORY. BILL.COM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE DIRECTORY IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE DIRECTORY, WHICHEVER IS SOONER.

5.2 BILL.COM, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE DIRECTORY WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

  1. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BILL.COM, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO $100. SUBJECT TO APPLICABLE LAW, BILL.COM, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BILL.COM SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BILL.COM AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BILL.COM, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE DIRECTORY AND ITS USE.

You agree to indemnify and hold BILL and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Directory or breach of this Agreement (collectively referred to as "Claims"). BILL reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BILL in the defense of any Claims.

  1. CHANGES. We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Directory, on our website for the Directory or when we notify you by other means. We may also change or discontinue the Directory, in whole or in part. Your continued use of the Directory indicates your agreement to the changes.
  2. TERMINATION. BILL may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Directory effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of our Directory or systems and comply with applicable BILL policy, or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Directory and any outstanding payments will become due. Any termination of this Agreement shall not affect BILL's rights to any payments due to it. BILL may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.