SUPERBILL, INC.

Terms of Service

Last Modified: November 17, 2022

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 (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.

THE PRODUCTS AND SERVICES ARE NOT INTENDED FOR USE IN THE EVENT OF A MEDICAL EMERGENCY. 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.

1. Overview of the Products and Services

The Products and Services are technology-driven offerings designed to help patients obtain reimbursement(s) for valid healthcare claims and/or negotiate valid medical bills, when possible, to reduce their out-of-pocket medical expenses. Patients can use the Products and Services on their own behalf, or providers, practices, clinics, and enterprises (collectively, “Providers”) can use the Products and Services on their patients’ / customers’ behalf.

By agreeing to these terms, Providers authorize SuperBill to use any information that they or their patients / customers provide SuperBill, to submit, monitor, and otherwise administer healthcare claims on their behalf or on behalf of their patients / customers. In order to submit, monitor, and otherwise administer these healthcare claims, Providers authorize SuperBill to share any information that they or their patients / customers provide SuperBill with relevant third parties, including but not limited to, insurance companies and clearinghouses, and Providers authorize SuperBill to use their NPI, EIN, and other identifying information to act as their authorized representative when dealing with these relevant third parties.

Providers also authorize SuperBill to use any information that they provide SuperBill to obtain health insurance benefits details from health insurance companies, clearinghouses or other third parties on behalf of users of SuperBill’s Products and Services.


2. Eligibility

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, provided that, if you are at least 18 years of age and otherwise eligible to use the Products and Services, you may use the Products and Services on behalf of your legal, minor dependents, or, if you are an entity, on behalf of your minor patients / customers.  The Products and Services are not available to you if we have previously notified you that you may not access or use them.

3. Limited License

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.  

4. User Accounts

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.

5. Paid Services

A. Billing Policies. 

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.

B. Definitions

i. “Subscription Fee” means the recurring amount you pay as consideration for a subscription to any particular portion of the Products and Services (“Subscription”); such fee is the sum of the applicable SuperBill Fee and any applicable Third-Party Fees.

ii. “SuperBill Fee” means the portion of the Subscription Fee that SuperBill may retain as consideration for providing the Products and Services.

iii. “Third-Party Fees” means the portion of the Subscription Fees retained by third parties such as Square and other third-party payment processors that we may engage from time to time, in our sole discretion.

C. Subscriptions

i. Automatic Renewals.  Unless otherwise set forth in an Order Form, the Subscriptions are available on an automatically renewing subscription basis.  For the most current information about the Subscription Fees, please review our Pricing and Payment Terms or the applicable Order Form (as applicable).  EACH OF YOUR SUBSCRIPTIONS WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION TERM IDENTIFIED AT THE TIME OF YOUR SUBSCRIPTION (OR SET FORTH IN THE APPLICABLE ORDER FORM) FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH SUCH PERIOD, A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL THE APPLICABLE SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 5.c.iii OF THESE TERMS.

ii. Automatic Billing and Policies.  When you purchase a Subscription, you expressly acknowledge and agree that:  (A) SuperBill and/or its third-party payment processors are authorized to charge you, at the beginning of each Subscription Term, the Subscription Fee for the applicable Subscription, any applicable taxes, and any other charges you may incur in connection with your purchase and use of the Subscription, subject to adjustment in accordance with the terms and conditions of these Terms, for as long as your Subscription continues; and (B) your Subscription is continuous until the earlier of (X) your cancellation of such Subscription and (Y) the suspension, discontinuation, or termination of your access to such Subscription or to the Products and Services in accordance with these Terms.  You acknowledge and agree that the amount billed may vary due to promotional offers, changes in the Subscription Fees in accordance with these Terms, and/or changes in applicable taxes, and you authorize us to charge your payment method for the changed amounts.

iii. Cancellation Procedures.  To cancel any Subscription, you must notify us at least seven (7) days before the start of the next Subscription Term by using the appropriate functionalities of the Products and Services or by contacting us at support@thesuperbill.com.  You will continue to have access to the Subscription through the end of your billing period.

iv. Cancellations; No Refunds.  You may cancel your User Account or any Subscription at your sole discretion; however, you acknowledge and agree that there are no refunds for cancellation, and that you may not be refunded any Subscription Fees, including, without limitation, for any unused time on the Subscription, for any license or subscription fees for any portion of the Products and Services, for any content or data associated with your User Account, or for anything else.  YOU UNDERSTAND AND AGREE THAT, IN THE EVENT THAT:  (A) SUPERBILL SUSPENDS OR TERMINATES YOUR SUBSCRIPTION, YOUR USER ACCOUNT, OR THESE TERMS; OR (B) YOU CANCEL YOUR SUBSCRIPTION, YOU WILL RECEIVE NO REFUND FOR SUCH SUSPENSION, TERMINATION, OR CANCELLATION, NOR FOR ANY UNUSED TIME ON YOUR SUBSCRIPTION OR FOR ANY PRE-PAYMENTS MADE IN CONNECTION WITH YOUR SUBSCRIPTION.

D. Payment Information; Taxes. 

In connection with payments of Subscription Fees and/or any other monetary transaction interaction with the Products and Services, you may be asked to provide customary billing information such as name, billing address, and credit card information to us or to the applicable third-party payment processor.  All information that you provide in connection with a monetary transaction interaction with the Products and Services must be accurate, complete, and current.  You agree to pay all charges incurred by users of your payment method used in connection with a monetary transaction interaction with the Products and Services at the prices in effect when such charges are incurred.  You hereby authorize the collection of such amounts by charging your designated payment method or credit or debit card, either directly by us or indirectly via a third-party online payment processor.  We cannot control any fees that may be charged to you by your bank in connection with our collection of Subscription Fees or any other fees, and we disclaim any and all liability in this regard.  If you are directed to a third-party payment processor, you will be subject to terms and conditions governing the use of that third party’s service and to that third party’s personal information collection practices.  Please review such terms and conditions and privacy notice before using such third party’s services.  Without limiting the generality of the foregoing, you acknowledge and understand that, by using the Products and Services, you agree to be bound by the terms of service of Square, available at https://squareup.com/us/en/legal/general/ua, and by the terms of service of any other third-party payment processor(s) that we may engage from time to time in our sole discretion.  You acknowledge and understand that third-party payment processors may collect and retain Third-Party Fees whenever you pay Subscription Fees.  Except as otherwise provided herein, Subscription Fees are non-refundable.  If you believe you have been improperly charged and would like to request a refund, please contact us at support@thesuperbill.com.  You will pay all applicable taxes, if any, relating to any monetary transaction interaction with the Products and Services.

E. Free Trials. 

We or our third-party service providers may, at our sole option and in our sole discretion, offer fourteen (14) day free trials to a particular portion of the Products and Services.  We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends and the day you start your paid Subscription, and on each recurring billing date thereafter, subject to the terms hereof.  You will not receive a notice that your free trial has ended, nor that payment for your Subscription is due.  If you wish to avoid charges to your payment method, you must cancel your Subscription prior to midnight Pacific Time on the last day of your free trial period.  If you cancel your Subscription during a free trial, cancellation may be effective immediately.

6. Your Information

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, including, but not limited to, your health plans, healthcare providers, and/or others involved in your medical treatment, payment, and/or healthcare operations (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, INCLUDING, WITHOUT LIMITATION, BY SHARING YOUR PERSONAL INFORMATION WITH YOUR HEALTH PLANS, HEALTHCARE PROVIDERS, AND/OR OTHERS INVOLVED IN YOUR MEDICAL TREATMENT, PAYMENT, AND HEALTHCARE OPERATIONS.

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:

  • You have the written consent of each and every identifiable natural person in the Information, if any, to use such person’s name and/or likeness in the manner contemplated by the Products and Services and these Terms, and each such person has released you from any liability that may arise in relation to such use;
  • You have obtained and are solely responsible for obtaining all consents as may be required by Applicable Laws to submit or otherwise make available any Information relating to third parties;
  • Information shared with us by third parties, such as your health plans, healthcare providers, and/or others involved in your medical treatment, payment, and/or healthcare operations, is lawfully shared with us, and we may use this Information to facilitate our provision of the Products and Services to you without violation of your rights or the rights of any third party; 
  • The Information and SuperBill’s use thereof as contemplated by these Terms and the Products and Services will not violate any Applicable Law, nor infringe any rights of any third party, including but not limited to, any Intellectual Property Rights and privacy rights;
  • None of the Information will, or is likely to, (a) create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (b) create a risk of any other loss or damage to any person or property; (c) constitute or contribute to a crime or tort; (d) contain any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, or otherwise objectionable; (e) contain any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (f) contain any information or content that you do not have a right to make available under any Applicable Law or under contractual or fiduciary relationships; and
  • All of your Information is current, true, accurate, supportable, and complete.

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.

7. Intellectual Property Rights

A. Reservation of Rights. 

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.

B. Marks. 

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.

C. Feedback. 

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.

8. Restrictions

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:

  • for the purpose of exploiting or harming, or attempting to exploit or harm, minors in any way, including by exposing them to inappropriate content;
  • to hide or attempt to hide your identity, or to impersonate or attempt to impersonate SuperBill, a SuperBill agent or employee, another user of the Products and Services, or any other person or entity;
  • to misrepresent your affiliation with SuperBill or any other person or entity;
  • to facilitate or conduct any fraud or misrepresentation, including any fraudulent insurance claims;
  • to provide any information, seek money from, or otherwise obtain benefits that are covered by Workers’ Compensation Insurance; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Products and Services, or which, as determined by us in our sole discretion, may harm SuperBill or users of the Products and Services or expose us or them to liability.

You also agree not to engage in any of the following prohibited activities in connection with the Products and Services:

  • copying, distributing, or disclosing any part of the Products and Services in any medium, including, without limitation, by any automated or non-automated “scraping”;
  • using any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access the Products and Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SuperBill grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials);
  • transmitting spam, chain letters, or other unsolicited email, or otherwise violating any anti-spam, consumer protection, or privacy law, rule, or regulation;
  • attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Products and Services;
  • taking any action that imposes, or that may, in our opinion, impose, an unreasonable or disproportionately large load on our infrastructure;
  • uploading invalid data, viruses, worms, or other software agents through the Products and Services;
  • collecting or harvesting any Personal Information of any other user of the Products and Services;
  • using the Products and Services for any commercial solicitation purposes;
  • interfering with the proper working of the Products and Services;
  • accessing any content on the Products and Services through any technology or means other than those provided via the Site; or
  • bypassing any measures we may use to prevent or restrict access to the Products and Services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on the use of the Products and Services or the content therein.

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.

9. Monitoring and Enforcement; Termination

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:

  • take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Products and Services;
  • make changes to the Products and Services; stop providing the Products and Services or features thereof, to you or to our users generally; or create usage limits for the Products and Services; and
  • terminate or suspend your User Account and/or access to all or part of the Products and Services.

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.

10. Privacy and Security

A. Privacy. 

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 maintain facilities.

B. Security. 

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.

11. Reliance on Information Posted

A. General. 

The information presented on or through the Products and Services is made available solely for informational purposes.  We do not undertake to review all material before it is presented through the Products and Services.  While we intend for all information presented through the Products and Services to be useful, we do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim any and all liability and responsibility arising from any reliance placed on any materials and/or information presented on or through the Products and Services by you or by any other person or entity that accesses and/or uses the Products and Services, or by anyone who may be informed of any of the content presented on or through the Products and Services.

B. No Professional Advice. 

IF THE PRODUCTS AND SERVICES PROVIDE PROFESSIONAL INFORMATION (FOR EXAMPLE, MEDICAL), SUCH INFORMATION IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE.  NO ACTION SHOULD BE TAKEN BASED UPON CONTENT PRESENTED ON OR THROUGH THE PRODUCTS AND SERVICES OR ANY OTHER INFORMATION CONTAINED THEREIN.  YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE FROM A PERSON WHO IS LICENSED AND/OR QUALIFIED IN THE APPLICABLE AREA, AND YOU SHOULD NOT USE THE CONTENT OR ANY INFORMATION CONTAINED IN THE PRODUCTS AND SERVICES TO REPLACE A RELATIONSHIP WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUPERBILL IS NOT A HEALTHCARE OR MEDICAL PROVIDER, AND THE PRODUCTS AND SERVICES DO NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, A MEDICAL SERVICE OR MEDICAL OR HEALTHCARE ADVICE.  NEITHER THE USE OF THE PRODUCTS AND SERVICES, NOR ANY OTHER INTERACTION WITH US, CREATES A PROVIDER-PATIENT RELATIONSHIP BETWEEN YOU AND US OR BETWEEN YOU AND ANY THIRD PARTY.  USE OF THE PRODUCTS AND SERVICES IS NOT FOR MEDICAL EMERGENCIES.  IF YOU ARE IN NEED OF OR ARE SEEKING MEDICAL TREATMENT OR EMERGENCY CARE, YOU SHOULD CONTACT YOUR HEALTHCARE PROVIDER OR CALL EMERGENCY SERVICES IMMEDIATELY.  NO CONTENT CONTAINED IN OR TRANSMITTED BY THE PRODUCTS AND SERVICES SHOULD BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN CONSULTATION, EVALUATION, OR TREATMENT, AND THE INFORMATION MADE AVAILABLE ON OR THROUGH THE PRODUCTS AND SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE OR TREAT A MEDICAL OR HEALTH CONDITION.  WE DO NOT PROVIDE MEDICAL TREATMENT, ADVICE, OR DIAGNOSIS.  TO THE EXTENT WE CAN DO SO UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH, OR THAT IS GENERATED BY, THE PRODUCTS AND SERVICES.  YOU REPRESENT TO US (WHICH REPRESENTATION WILL BE DEEMED TO BE MADE EACH TIME YOU USE THE PRODUCTS AND SERVICES) THAT YOU ARE NOT USING THE PRODUCTS AND SERVICES FOR THE PURPOSE OF SEEKING MEDICAL ATTENTION.

C. Third-Party Links and Information. 

The Products and Services may contain links to third-party materials and/or include content provided by third parties.  SuperBill does not endorse or assume any responsibility for any such third-party sites, information, materials, content, products, or services, and expressly disclaims any and all responsibility and liability for same.  If you access a third-party website or service from the Products and Services or share your Information on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and SuperBill’s Privacy Notice do not apply to your use of such sites.  You expressly relieve SuperBill from any and all liability arising from your use of any third-party website, materials, product, service, or content, including, without limitation, information submitted by you or by any third party, including, without limitation, healthcare providers, on your behalf.  Additionally, your dealings with, or participation in promotions of, advertisers found in or through the Products and Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers.  You agree that SuperBill will not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

D. Linking to the Site and Social Media Features. 

The Site may include functionalities allowing you to provide links facilitating third parties’ access to the Site, or to certain content that is available on the Site, in emails or other communications you may send to third parties or on your own website(s) or social media page(s), and/or allowing you to otherwise make content that is available on the Site available to third parties (such functionalities, the “Share Features”).  By using any Share Feature, you represent and warrant that:

  • such use will at all times be in compliance with these Terms, and all Applicable Laws, including, without limitation, the U.S. Federal Trade Commission Guides Concerning the Use of Endorsements and Testimonials in Advertising available on www.ftc.gov;
  • any factual or opinion-based statement made by you or on your behalf in connection with the Share Features, or otherwise made in connection with the Products and Services, is a true reflection of your beliefs, findings, or opinions, and is believed by you to be current and correct;
  • such use does not and will not damage our reputation or take advantage of it, nor jeopardize the goodwill associated with our Marks, in each case as determined by us in our sole discretion;
  • such use does not and will not, without our express prior written consent, suggest any form of association between you and us, nor approval or endorsement of you and/or of any products or services you may offer on our part; and
  • such use does not and will not violate the rights of any third party, nor cause you to breach any obligation to a third party.

You agree to cooperate with us (and, if applicable, to cause your Authorized Users to cooperate with us) in good faith in causing any unauthorized framing or linking to cease immediately upon our request.  We reserve the right to withdraw your permission to use the Share Features, or to disable some or all of the Share Features, at any time, with or without prior notice, at our sole discretion.

12. Release and Indemnity

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.

13. NO WARRANTY

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.

NOTHING IN THE PRODUCTS AND SERVICES, IN YOUR (OR ANY AUTHORIZED USER’S) USE OF THE PRODUCTS AND SERVICES, OR IN ANY OF OUR OTHER INTERACTIONS WITH YOU SHOULD BE CONSTRUED AS A REPRESENTATION OR WARRANTY REGARDING THE AMOUNT WE WILL BE ABLE TO COLLECT ON YOUR BEHALF (IF ANY), WHEN WE WILL BE ABLE TO PROVIDE YOU WITH ANY REIMBURSEMENT(S), OR HOW YOUR HEALTH PLAN OR HEALTHCARE PROVIDER MAY INTERPRET YOUR COVERAGE, ELIGIBILITY, DEDUCTIBLE, OR OTHER FACTORS THAT MAY IMPACT YOUR ABILITY TO RECEIVE THE REIMBURSEMENT AMOUNT(S) YOU ARE SEEKING.  YOU SHOULD NEVER INTERPRET OUR FAILURE TO OBTAIN A FULL OR PARTIAL REIMBURSEMENT ON YOUR BEHALF AS GROUNDS FOR CEASING MEDICAL TREATMENT.

THIRD PARTIES WITH WHICH YOU MAY INTERACT IN CONNECTION WITH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, HEALTHCARE OR MEDICAL PROVIDERS, ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF SUPERBILL, AND SUPERBILL DOES NOT ENDORSE ANY SUCH THIRD PARTIES, NOR ANY PRODUCTS OR SERVICES OFFERED BY THEM.  FURTHER, SUPERBILL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCTS AND SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND SUPERBILL WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.  YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING AND VERIFYING ANY INFORMATION ABOUT HEALTHCARE PROVIDERS AND OTHER THIRD PARTIES THAT SUBMIT INFORMATION TO SUPERBILL ON YOUR BEHALF.  SUPERBILL DOES NOT MAKE ANY REPRESENTATIONS ABOUT, OR GUARANTEE THE TRUTH OR ACCURACY OF, ANY INFORMATION SUBMITTED TO SUPERBILL BY YOU OR BY ANY THIRD PARTY ON YOUR BEHALF.  WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR DISPUTES BETWEEN YOU AND THIRD PARTIES THAT HAVE SUBMITTED, OR THAT HAVE FAILED TO SUBMIT, INFORMATION TO SUPERBILL ON YOUR BEHALF, AND WE WILL HAVE NO LIABILITY FOR YOUR INTERACTIONS WITH OTHER USERS OF THE PRODUCTS AND SERVICES OR WITH THIRD PARTIES THAT HAVE OR HAVE NOT PROVIDED INFORMATION TO SUPERBILL ON YOUR BEHALF.  YOU HEREBY IRREVOCABLY AND FOREVER WAIVE, ON BEHALF OF YOURSELF AND ANY AND ALL AUTHORIZED USERS, ANY AND ALL CLAIMS YOU MAY HAVE WITH RESPECT TO THE FOREGOING.

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.

14. Limitation of Liability

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.

15. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

A. Governing 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.

B. Arbitration. 

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.

C. Class Action/Jury Trial Waiver. 

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.

16. General

A. Assignment. 

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.

B. Notification Procedures. 

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.  

C. Entire Agreement/Severability. 

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.

D. No Waiver. 

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.

E. Geographic Restrictions. 

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.

F. California Residents. 

The provider of services is Superbill, Inc., with offices at 580 California St., Suite 1200, San Francisco, CA 94104. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

G. Acknowledgement Regarding Communications Related to the Products and Services. 

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.


H. Contact. 

Please contact us at support@thesuperbill.com with any questions regarding these Terms or the Products and Services.