TERMS OF SERVICE

Last updated October 24, 2013

These Terms of Service describe the online information practices and expectations of Anybill Financial Services, Inc. (“AFS,” “we,” “our,” or “us”) in the context of its website, applications, and other products or services of AFS (collective, the “Service”).

The Terms of Service and the Privacy Policy (collectively, the “Terms”) constitute a legally binding agreement between you and AFS. By using the Service in any way, you are agreeing to be bound by and comply with the Terms. AFS reserves the right to amend, remove, or add to the Terms at any time and for any reason. If AFS makes changes to these Terms, it will notify you of these changes, including, without, limitation, by emailing or otherwise sending you a notification, posting a notice on part(s) of the Service, and/or updating the “Last Updated” date above. You should visit this page periodically to keep apprised of any changes. By continuing to use the Service after any such change(s), you accept and agree to the modified Terms. AFS reserves the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking your access to the Service or terminating your AFS Account), rules or conditions (or of any portion or area thereof), all without notice, even though such changes may affect the way you use the Service. You understand, acknowledge, and agree that AFS will not be liable to you or any third party for any modifications or discontinuance of the Service and/or any portions or areas thereof.

These Terms hereby incorporate by reference the terms and conditions of the AFS Master Service Agreement (the “Master Service Agreement”). In the event that these Terms conflict with the Master Service Agreement, the provisions of the Master Service Agreement control.

1. User Conduct.

You agree to refrain from engaging in unlawful or otherwise harmful actions while using the Service, including, without limitation:

1. Harassing, threatening, embarrassing, or causing distress or discomfort upon another individual or entity, impersonating any other person or entity, or otherwise restricting or inhibiting any other person from using or enjoying the Service;

2. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, trade secrets, or intellectual property rights of others;

3. Using any automated device, spider, robot, crawler, data mining tool, software, or routine to access, copy, or download any part of the Service, unless expressly permitted by AFS;

4. Taking any action creating a disproportionately large usage load on the Service, unless expressly permitted by AFS;

5. Engaging in disruptive or damaging activities while using the Service, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses, or any other destructive element;

6. Gaining or attempting to gain unauthorized access to non-public, private, or subscription-based areas of the Service;

7. Attempting to: decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Service; modify any meta data, copy or duplicate in any manner any of the content; frame of or link to the Service, its content or information available from the Service (except as provided in Section 6 below); use any dating mining or extraction; interfere with or inhibit any portion of the Service, including any other user’s use of any part of the Service.

8. Using the Service in any way that violates or causes or results in a violation of any law or regulation;

9. Using the Service to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity; and

10. Using the Service for any commercial use and benefit, including, without limitation, any resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.

Please report any violations of these Terms to: support@anybill.com.

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Service.

2. Further Restrictions on Use.

IN ADDITION TO WHAT IS CONTAINED IN SECTION 1 ABOVE, YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE NOT TO COPY, REPRODUCE, DECOMPILE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU COMPLY WITH AND RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE SERVICE AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND, NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE WEBSITES CONTAINING ALL OR PART OF THE SERVICE. YOU FURTHER UNDERSTAND, ACKNOWLEDGE, AND AGREE NOT TO USE THE SERVICE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

3. User Consent to Terms and Conditions of Service.

AFS may, in its sole discretion, refuse to offer the Service to any person or entity. You hereby affirm, represent, and warrant that you: (1) are at least eighteen (18) years of age or otherwise have the consent of a parent or legal guardian to consent to these Terms and to use the Service (and all of your actions with respect to and in connection with the Service); (2) are legally entitled, permitted, and able to freely consent to enter into the Terms, conditions, obligations, affirmations, representations, covenants, provisions, and warranties set forth in these Terms; and (3) will abide by and comply with these Terms. Any failure to abide by or comply with any part of the Terms may result in the suspension or termination of your use of the Service, deletion of your AFS account, and may subject you to civil or criminal liability.

4. Copyright and Other Intellectual Property Rights.

All materials on the Service, including without limitation, logos, images, text, illustrations, audio and video files, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyrights, trademarks, service marks, trade dress, and/or other proprietary rights which are either owned by or licensed to the AFS or owned by other parties who have used and posted on the Service (or allowed AFS to do the same). Materials from the Service and from any other website owned, operated, controlled, or licensed by AFS may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Except as expressly stated otherwise, AFS does not grant any express or implied rights or license for you to use these proprietary materials. By using the Service and agreeing to these Terms, you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or otherwise infringe any intellectual property rights of AFS (and/or that of its or its affiliates, owners, agents, directors, officers, employees, representatives, sponsors, suppliers, or partners), or participate in any attempts to do the same.

5. Notification of Infringement.

If you believe that another user’s Use of or interaction with the Service constitutes copyright infringement, please provide the following information to AFS:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Service;

4. Your name, address, telephone number and e-mail address;

5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that the infringing material is not a fair use of the copyrighted material; and

6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our copyright agent can be reached as follows:

Anybill Financial Services, Inc.
Attn: Copyright Agent
4747 Bethesda Avenue
Suite 610
Bethesda, MD 20814

By Phone: 202-682-6300

By Fax: 202-789-2240

Email support@anybill.com (please put “Copyright Infringement” in the subject line)

AFS may, under appropriate circumstances and at AFS’s sole right and discretion, remove content, disable access, and/or terminate the accounts of users.

6. Links; Linking and Framing.

(a) Links. You understand, acknowledge, and agree that AFS has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Service, whether or not they may be affiliated with AFS. You understand, acknowledge, and agree that any other websites linked to or from the Service are for the user’s convenience only. You access them at your own risk.

(b) Linking and Framing. You may not use, frame, or utilize framing techniques to enclose any portion of this Service (including the images found at this Service or any text or the layout/design of any portion of it), without the expressed written consent of AFS. Additionally, you may include a hyperlink(s) associated with the Service to other Internet websites or emails, provided that, under no circumstances, may you link any hyperlink(s) associated with the Service to any site containing, suggesting, or encouraging profane, defamatory, infringing, discriminatory, or otherwise inappropriate or unlawful material or information. By using the Service and agreeing to be bound by the Terms, you further understand, acknowledge, consent to, and agree that if AFS discovers that another user took any aforementioned actions, AFS is authorized to discipline you for any violation of this Confidentiality provision, including, without limitation, by terminating or suspending your access to the Service (and/or any portion or area thereof) and/or taking civil or criminal legal action against you. As provided in Section 14 (below), and in addition thereto, you further agree to defend, hold harmless, and indemnify AFS for any claims (or alleged claims), allegations, or causes of actions against AFS arising from, relating to, or in connection with any linking or framing activities you may engage in. By using the Service and agreeing to the Terms, you waive and release any rights you may have to bring a claim, allegation, or cause of action arising from, relating to, or in connection with any linking or framing activities you may engage in. We reserve the right to change this linking policy at any time, so it is your responsibility to periodically review this page for any changes.

7. Posted Invoices.

As part of you use of the Service, you and/or AFS may post information on the Service including, without limitation, vendor/vendee invoices (“Invoices”). The Service will also allow the user to designate whether a particular Invoices has been paid or whether all or part of the Invoice is still outstanding. AFS has no control over and is not responsible for the content or accuracy of such information, including, without limitation, the accounts receivable, accounts payable, debit amounts, credit amounts, whether or not an invoice has been paid, or any other information relating to the Invoices. As provided in below, and in addition thereto, you agree to defend, hold harmless, and indemnify AFS for any claims (or alleged claims), allegations, or causes of actions against AFS arising from, relating to, or in connection with any posting of information, including, without limitation, Invoices. By using the Service and agreeing to the Terms, you waive and release any rights you may have to bring a claim, allegation, or cause of action arising from, relating to, or in connection with any posting of information, including, without limitation, Invoices.

8. Privacy Policy.

AFS has created a Privacy Policy setting forth how certain information about you and your use of the Service is collected, used, and stored. Your use of the Service constitutes acknowledgment and agreement with our Privacy Policy. You further acknowledge, understand, and agree that AFS may use your personal information in the manners described in its Privacy Policy.

9. Registration and Account Creation.

As part of your use of the Service, you may be required to create an account with AFS and the Service, which includes, but is not limited to, choosing a username and a password. You will also need to provide a payment means, including, without limitation, financial and bank account information. (For further information on how this payment means information will be used, please refer to the Privacy Policy.) You agree to maintain only one account with the Service at any time. AFS reserves the right to grant or deny any registration and account creation to any party. In the event that AFS does not approve a request, any payment made will be returned in full. AFS reserves the right to deny creation of your account based on AFS’s inability to verify the authenticity of your registration information.

AFS allows multiple users per account provided that those users are all staff members of the same company or organization. You shall not make available your AFS User Name and/or Password to any unauthorized individuals. After opening an account with AFS for the Service (i.e., creating and registering a username and password), you accept all responsibility for any activity that occurs while logged into your account—regardless of whether you or any other person is actually the one using your account. You understand, acknowledge, and agree that you alone are responsible for making sure that your account information including your username and password is kept secure, confidential, and safe. You are fully responsible for all usage or activity or content provided through your AFS account, including but not limited to use by any third party authorized by you to use your account. If you believe that any User Name and/or Password may be used without your consent, you must notify AFS promptly. You shall have in place reasonable security measures to protect any sensitive information provided by AFS to you. Notwithstanding anything contained herein, AFS reserves the right, but is under no obligation to, to pursue any and all claims against any user of your account.

As described in Section 16 below, AFS reserves the right to terminate your account, in its sole discretion, at any time without notice. Pursuant to the terms of the Master Service Agreement, you may terminate your account by providing thirty (30) days notice. Upon termination, you will receive an confirmation that the request was received, and your account will be terminated. Please note that such requests may take up to ten (10) days to become effective.

10. Billing.

Billing for the Services is governed by the terms of the Master Services Agreement. As provided therein, you agree that AFS shall provide you with a monthly invoice showing all amounts due to AFS for the prior month. AFS invoices shall be due and payable net thirty (30) days from your receipt and the first invoice will be sent out thirty (30) days after the Parties execute this Agreement. All charges are exclusive of federal, state, and local sales, use, excise or similar taxes or tax-like charges (“Taxes”). You shall be responsible for payment of all Taxes, other than income taxes.

11. Release.

AFS shall not be responsible for any interaction between you and any other party through or in connection with the Service. Your dealings with others through the Service are solely between you and such other parties. Under no circumstances will AFS be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. AFS reserves the right to discipline its users by any means available to it for inappropriate use of the Service, including, without limitation, for providing information that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation.

In the event that you are involved in a legal dispute (including, without limitation, threatening, being threatened, or engaging in litigation) with any third party in connection with your use of the Service, you understand, acknowledge, and agree that AFS is under no obligation to become involved in any way, except as required by law. You agree to release AFS from any and all claims, demands, and damages arising out of or in connection with such dispute. You further agree to defend, hold harmless, and indemnify AFS for any claims (or alleged claims), allegations, or causes of actions against AFS relating or arising out any dispute you may have with any user of the Service.

You are entirely responsible and liable for anything you post (or that is posted through your user account) and any interaction you have (or that occurs through your user account).

YOU HEREBY CONSENT TO, WAIVE, RELEASE, AND AGREE TO DEFEND, HOLD HARMLESS, AND INDEMNIFY AFS, its vendors, subcontractors, licensors, and licensees, from and against any and all claims and causes of action which you may have now or may have later, or any of your heirs, executors, administrators, personal representatives, assigns or successors may have at any time in the future, including, without limitation, claims (or alleged claims), assertions, allegations, or causes of actions for infringement of rights of publicity or misappropriation, false light, trespass to person or property, breach of any alleged contract (whether the alleged contract is verbal or in writing), allegedly unfair or deceptive business or trades practices, copyright or trademark infringement, violations of Section 43(a) of the Lanham Act, tortious interference with any contractual relations, intentional or negligent interference with prospective economic advantage, invasion of privacy, defamation, personal injury (including, without limitation, intentional and negligent infliction of emotional distress), death, property damage or destruction or any other claims (or alleged claims), assertions, allegations, or causes of actions arising out your use of the Service.

Except as provided herein, AFS does not offer any credits or refunds, under any circumstance, in connection with your use of the Service.

You understand, acknowledge, consent to, and agree that AFS may access, preserve disclose, or otherwise make available on the Service, your account information and information and content associated with your AFS account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms; (iv) respond to claims that any content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Service, its users and the public.

You understand, acknowledge, and agree that, by using the Service, you absolve and release AFS from any claim of harm resulting from any cause beyond AFS’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, Acts of God, strikes or other labor problems, wars, or governmental restrictions.

12. Disclaimer of Warranties.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IN ANY WAY OR TO ANY EXTENT IS AT YOUR OWN RISK. AFS SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE SERVICE (AND/OR ANY AND ALL PORTIONS OR AREAS THEREOF). EXCEPT AS OTHERWISE PROVIDED IN THE MASTER SERVICES AGREEMENT, AFS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AFS MAKES NO WARRANTY THE SERVICE (AND/OR ANY AND ALL PORTIONS OR AREAS THEREOF OR INFORMATION OR CONTENT THEREIN) WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AFS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability.

The Service may contain errors and are subject to periods of interruption. While AFS does its best to maintain the information, services and products it offers on the Service, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Service.

EXCEPT AS PROHIBITED BY LAW OR PROVIDED BY THE MASTER SERVICE AGREEMENT, AND IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN THE RELEASE SECTION ABOVE, IN NO EVENT SHALL AFS OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE SERVICE , (ii) ANY INFORMATION, SERVICE , OR PRODUCTS PROVIDED THROUGH THE SERVICE , OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER USERS AND/OR THIRD-PARTIES OF THE SERVICE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. AS PROVIDED IN SECTION 14 (BELOW), AND IN ADDITION THERETO, BY USING THE SERVICE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY OF AFS’s ACTIVITIES.

IF YOU ARE DISSATISFIED WITH THE SERVICE, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICE.

If, regardless of these Terms (including, without limitation, this Limitation of Liability section), AFS is found liable to you for any damage, including, without limitation, any damage arising from or in connection with the Service, AFS’s liability shall, under no circumstances and in no event, exceed $1.00. The foregoing limitation may not apply to you in jurisdictions that do not provide for limitations of liability.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

14. Indemnification.

IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN THE RELEASE AND LIMITATION OF LIABILITY SECTIONS ABOVE, you understand, acknowledge, and agree to, at your own expense, indemnify, defend and hold harmless AFS, its officers and employees, general partners, affiliates, subsidiaries, successors and assigns, against any claim, suit, action or other proceeding, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use of the Service in violation of the Terms; (ii) your infringement, misappropriation or other violation of any intellectual property right, any right of personality or publicity, or any duty of confidentiality owed to any third party hereunder; (iii) any content provided by you; (iv) any misrepresentation or breach of representation or warranty made by you contained herein; or (v) any breach of any covenant or agreement to be performed by you. You further understand, acknowledge, and agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from the foregoing. AFS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AFS in asserting any available defense. You understand, acknowledge, and agree to pay AFS’s reasonable attorney fees incurred in connection with any and all lawsuits brought against you by AFS under the Terms and any other terms and conditions of service of the Service or any successor site, in which AFS prevails, including without limitation, lawsuits arising from your failure to indemnify AFS pursuant to the Terms.

15. Forward Looking Statements.

Certain statements included on the Service may be forward-looking, which are based on certain assumptions, reflect our current expectations, and are therefore subject to a number of risks and uncertainties that could cause actual results. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this website. As provided here in, and except as may be required by applicable law, AFS disclaims any intention or obligation to update or revise any forward-looking statements.

16. Termination of Access.

AFS has the right terminate or suspend your access to the Service and/or any portion or area thereof, indefinitely or for a specific period of time, for any reason (or for no reason), including, without limitation, if AFS believes you have violated these Terms in any manner. You further understand, acknowledge, and agree that the determination of whether to terminate or suspend your access to the Service is within the sole right and discretion of AFS. You understand and acknowledge that all decisions of AFS whether to terminate or suspend your access to the Service and/or any portion or area thereof may not be appealed or challenged, including, without limitation, in a court of competent jurisdiction, and you hereby waive and release any right that you may have to do so. You agree not to hold AFS liable for such termination, and further agree not to attempt to use the Service after termination (in the case of termination) or until after your period of suspension (in the case of suspension).

17. No Third Party Beneficiaries.

You agree that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms.

18. Jurisdiction and Choice of Law.

These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Service thereof, shall be brought only the United States District Court for the District of Delaware or a State court of competent jurisdiction, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms, to the extent not otherwise barred by these Terms or any other agreement (including, without limitation, the Master Service Agreement), must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. International Use.

The Service is located and hosted within the United States and are intended for and directed to users in the United States. If you use or access the Service internationally, in a jurisdiction where the laws or regulations differ from United States laws, including, without limitation, those laws and regulations relating to privacy, data collection, and disclosure, you understand, acknowledge, and agree that your use of the Service is governed by United States law. You further consent to jurisdiction within the United States (as provided by the Jurisdiction and Choice of Law section above), and waive and release any right you may have to apply the laws of any other jurisdiction or nation. You understand that, by using the Service, you are transferring your personal information to the United States, and you consent to that transfer.

20. General.

These Terms (i.e., the Terms of Service together with the Privacy Policy), together with any other agreement(s) you have with AFS and/or the Service (including, without limitation, the Master Services Agreement), constitute the entire agreement between you and AFS and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by AFS or the Service. The section titles in these Terms are for convenience only and have no legal or contractual effect. Nothing contained in these Terms shall be deemed to constitute either a partnership, joint venture, fiduciary, attorney-client, or employee relationship, by you and AFS and/or you and other user(s), for any purpose.

21. Severance.

You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.

22. Waiver.

The failure of AFS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by AFS of any right under the Terms will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

23. Note on Policy on Use by Children.

The Service is directed and intended to be used by people who are thirteen (13) years or older. If are concerned or believe that your child has provided AFS information without your consent (including, without limitation, registered an account for the Service without your consent), please contact us at service@anybill.com (Please note in the subject line of the email “Children Use”). AFS does not knowingly collect personal information from children under 13. AFS will remove personal information it later becomes aware was furnished by a child under the age of 13 (who does not have parental consent) and terminate the associated

24. Violations.

Please report any violations (or suspected violations) of these Terms to: service@anybill.com

25. Contact Us.

To contact us, please email service@anybill.com or write to the following address: 1801 Pennsylvania Avenue NW, Suite 700, Washington, DC 20009