Bundle Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND CONTAIN AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. THIS SITE IS INTENDED SOLELY FOR USERS WHO ARE UNITED STATES CITIZENS OR RESIDENT ALIENS WITH A UNITED STATES ADDRESS AND ARE PHYSICALLY LOCATED IN THE UNITED STATES

Bundle Corporation

Terms of Use

General Information

Welcome to Bundle, a personal finance website that allows users to track their spending and saving habits, and see how they compare with other people. The Bundle service and network (collectively, “Bundle” or “the Service”) are operated by Bundle Corp. (collectively, “us”, “we” or “the Company”). By accessing or using our web site at www.Bundle.com, or our applications, toolbars, MMS, gateway or the mobile versions thereof (together the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Bundle. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time. If we do this, we will post the changes to these Terms of Use on this page and/or provide notices to registered users and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site or post content to the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

You may not access the Site or use the Services unless you are an individual and are not acting on behalf of a company or other entity. This Agreement is a legally binding contract between you and Bundle. It is important that you take the time to read the Agreement carefully. You should print or save a copy of this Agreement for your records. By accepting this Agreement, you are consenting to receive and enter into this Agreement in electronic form, acknowledging that you have read and agree to be bound by its terms, acknowledging that you have electronic access to the Agreement and any other disclosures or notices available on the Site. You can review the most current version of the Agreement on the Site or such other online location as Bundle may designate. If you wish to have a copy of this Agreement in hard copy and you are unable to print a copy, we will provide you with a paper copy at no charge upon receipt of your request transmitted as provided herein in the Notice section.

Bundle may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content or the ability to post content to the Site. Bundle may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at . If you become aware of misuse of this Site by any person, send an email to with your concerns.

Eligibility

This Site is intended solely for users who are thirteen (13) years of age or older, who are U.S. citizens or resident aliens with a U.S. address and are physically located in the U.S. By using the Service or the Site, you represent and warrant that you meet those requirements and agree to abide by all of the terms and conditions of this Agreement. Bundle may, at its discretion, terminate your account, deny you eligibility to post content, or deny you access to the Bundle.com Site if it feels you have at any time violated the eligibility requirements. Any registration by, use of or access to the Site by anyone who does not meet these requirements is unauthorized, unlicensed and in violation of these Terms of Use.

Collection and Use of Personal Information & Privacy

The Site’s Privacy Policy details how User data is used on Bundle.com.

Registration & Account Security

Bundle may require registration or the creation of an account to use certain features of the Site. If at any time such registration is required and you choose to register or create an account with Bundle, the following terms and conditions also apply.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account at the Site’s sole discretion, and the Site may refer you to appropriate law enforcement agencies.

If any account that you have with Bundle permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.

You must notify abuse@bundle.com of any known or suspected unauthorized use(s) of your account, or the Site, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

Promotional Activities

By registering for an account, you agree that the Site may display your username, the content you have posted to the Site and your Facebook image. By creating an account, you agree to allow Bundle to use and to print, publish and broadcast, worldwide, in any media and at any time and for any purpose, any of the foregoing without additional compensation.

Legality & Taxes

You agree the Site cannot be held liable if laws applicable to you restrict or prohibit your participation. The Site makes no representations or warranties, implicit or explicit, as to your legal right to participate in any surveys or other interactive services and offerings offered on the Site nor shall any person affiliated, or claiming affiliation, with the Site have authority to make any such representations or warranties, and it is your responsibility to ensure that it is permissible to access and use the Site.

The Site reserves the right to monitor the location from which you access the Site and to block access from any jurisdiction other than the U.S., or any U.S. jurisdiction in which participation is illegal or restricted.

License to Access and Use the Site

“Bundle Content” includes all content on the Site, including all questions, surveys, survey results, images, graphics, logos and audio or video materials or other content. Bundle hereby grants you a limited, non-exclusive license to access the Site and the Bundle Content through a worldwide web browser for your own personal, non-commercial use only, and for no other purpose, and only so long as you are in compliance with these Terms of Use and any other agreements between you and Bundle. Except as expressly provided herein, Bundle and its suppliers do not grant any express or implied rights to use the Site or the Bundle Content. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, any portions of the Site, the Bundle Content, any materials or services available on or through the Site, or the selection and arrangement of the Site, except as expressly authorized herein. This license shall automatically terminate if you violate any of these restrictions, and may be terminated by Bundle at any time subject to any notice requirements with which Bundle must comply in accordance with applicable law. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession, including the Bundle Content, whether in electronic or printed format.

The Bundle Content includes data and information obtained from third parties, including from the Pew Research Center for The People &The Press and the U.S. Government. The Pew Research Center for The People &The Press bears no responsibility for the interpretations presented or conclusions reached based on analysis of any of their data.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, the Bundle Content, graphic images, textual material, designs, fonts, icons, link buttons, wallpaper, desktop themes, unless you have obtained the prior written consent of Bundle or unless it is expressly permitted by this Site in each instance. This prohibition applies regardless of whether the derivative materials are sold, bartered or provided without charge.

Trademarks

BUNDLE, the Bundle logo, and www.Bundle.com are trademarks of Bundle Corporation, and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Bundle or the owner of such trademark, service mark or trade name.

User Content, Bulletin Boards, Chat Rooms &Posts

You are welcome to upload, publish or display (or “post”), photos, videos, profiles, messages, comments, text, media, and other user generated content (collectively “User Content”) to bulletin boards, chat rooms, profiles, or other public areas within, or in connection with, this Site. Bundle accepts no responsibility whatsoever in connection with or arising from such User Content. You are solely responsible for the User Content that you post or share with other Users either through the Site or through other websites or forums, including, without limitation, Facebook and Twitter. You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove, without notice, any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.

The Site may include a feature in which users may rank postings on a scale (from lowest to highest) of one to five stars (“Rating”). An average of such rankings (Rating) may be displayed to all participants who view the posting. Such Ratings shall reflect the opinion of the users. Under no circumstances will Bundle have any liability to you or anyone else for any damages or other consequences relating to any Rating of your postings or of the postings of any other participant.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Bundle an irrevocable, perpetual, exclusive, transferable, fully paid, worldwide commercial license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, including, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. If you remove your User Content from your profile page, the license granted above will nevertheless continue.

When you post on the Bundle.com site or share information from Bundle through Facebook or Twitter, you authorize us to access, and store, if applicable, a limited amount of information, including a unique user ID from your Facebook and/or Twitter accounts. By using these features of the Site, you authorize us to access and copy the limited information listed above from such service providers in order to provide our services to you. By giving us such access, you agree that any information that we acquire shall be considered User Content as defined above and shall be subject to the license described above.

The following is a sample listing of the User Content that you are prohibited from posting to the Site. You agree that you will not submit User Content to the Site in a manner that:

  • discloses personally identifiable information, such as your or another person’s full name, email address, telephone number or street address, unless specifically permitted to do so by such person;
  • is unlawful, false, misleading, threatening, harassing, abusive, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, U.S. or international law;
  • violates the copyright, trademark or other intellectual property rights of any other person.
  • transmits content that encourages or provides instructional activities about phishing, hacking, or other illegal activities;
  • solicits other Users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
  • attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Site in a searchable, machine-readable database;
  • uses the Site to collect personally identifying information about users of the Site in violation of our Privacy Policy;
  • disguises a file type to thwart our detection processes;
  • attempt to gain unauthorized access to other computer systems or networks connected to the Site or portions of the Site which are not made available for general public access;
  • that utilizes bots, spiders or disproportionately burdens the capacity of the system;
  • improperly assumes or claim the identity, characteristics or qualifications of another person;
  • is for purposes of spamming;
  • contains any virus or other harmful component; or
  • is libelous, or an invasion of privacy or a violation of publicity rights or any other third party rights.

Despite these prohibitions, the User Content may contain inaccurate, inappropriate, offensive or sexually explicit material. The Company assumes no responsibility or liability for such material. If you become aware of abusive or objectionable User Content or misuse of the Site by any User, please contact .

User Accounts with Third Parties

When you provide account data to us (such as bank or other financial accounts), you authorize us to access, and store, if applicable, a limited amount of information, including (a) a unique user ID and a password that allow us to access those accounts and (b) records and other information from your accounts. By providing us your login information and using these features of our Site, you authorize us to access your financial account information in order to provide our services to you.

Disclaimer Regarding Content Accuracy and Usability

Any third-party merchant or other information on the Site reflects independent third-party opinions and are not Bundle’s recommendations or opinions. You must perform your own evaluation of the information provided on the Site, including the Bundle Content, based on your own background, situation and needs.

No comments made by any employee or contractor of Bundle (including any Administrator), guest contributor, or any user through any of the Services should be understood or used as the sole basis of any investment or financial decision, nor should they be construed as advice or recommendations. Bundle does not provide financial services or investment decisions or advice. All advice provided on the Site is for general informational purposes only and is not intended, nor should it be used, for purposes of recommending, determining or selecting any specific financial investment or investment strategy. It is possible that users will post comments on the Site related to their experiences. Like other postings on the Site, we are not liable for any such postings, and such comments may contain false or misleading information.

User Disputes

You are solely responsible for your interactions with other Bundle users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Employment Opportunities

Bundle may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes. If you choose to submit your name, contact information, resume and/or other personal information to the Company in response to employment listings, you are authorizing Bundle to utilize this information for all lawful and legitimate hiring and employment purposes. Bundle also reserves the right, at its sole discretion, to forward the information you submit to its parents, members, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms of Use or contained in the Site shall constitute a promise by the Company to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms of Use or contained in the Site constitute a promise that Bundle will review any or all of the information submitted to it by Users.

Submissions

You acknowledge and agree that any posts, questions, comments, suggestions, ideas, feedback, data, content or other information provided by you to Bundle through the Site or the Service ("Submissions"), are non-confidential and you grant to Company a perpetual, exclusive, royalty-free, worldwide, commercial license to use, reproduce, distribute, display, perform, publish, prepare derivatives of, sublicense, adapt, transmit, or delete the Submissions, as Company deems fit. Bundle shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing applies equally to unsolicited submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending a Submission, unsolicited or otherwise, you waive the right to make any claim against Bundle, its parents, members, subsidiaries or affiliates relating to Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Advertising &Linked Sites

In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or Bundle, including its respective employees, agents, directors, officers and members.

Bundle is not responsible for the content or practices of 3 rd-party web sites that may be linked to this Site. This Site may also be linked to other web sites operated by companies affiliated or connected with Bundle. When visiting other web sites, however, you should refer to each such web site's individual "Terms of Use" and not rely on this Agreement. Bundle takes no responsibility for 3 rd-party content or advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers or any other third parties.

When you click on a link within Bundle, Bundle will not warn you that you have left this Site and are subject to the terms and conditions (including privacy policies) of such other site. In some cases it may be less obvious than others that you have left this Site and reached a 3 rd-party site. Bundle shall not be held responsible for your activities on web sites other than this Site.

Disclaimer of Liability &Warranties

The Site and all materials in this Site are provided "AS IS," “AS AVAILABLE” and “WITH ALL FAULTS,” and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that BUNDLE DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components; that the Site is non-infringing; or that the Site is accurate, error free or reliable.

No Offer or Solicitation

You acknowledge that the Services and the Site are for informational purposes only and that neither the Services nor the Site constitutes or contains an offer to sell or a solicitation of an offer for financial services or to buy any security or investment, whether it is or is not referenced on the Site. Although the information provided through the Site may include material about the investment process generally, as well as third-party posting relating to financial issues, Bundle is not providing any financial advice through the Services or the Site and does not represent that any financial advice is suitable for you.

Indemnity

You agree to defend, indemnify and hold harmless Bundle, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of 3 rd-parties.

Limitation of Liability

In no event shall Bundle, its members, investors or subsidiary companies or its affiliates or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or other damages arising out of or in any way connected with the use of the service or with the delay or inability to use the service, or for any information, software, products and services advertised in or obtained through the service, Bundle’s removal or deletion of any materials or records submitted or posted on its site, or otherwise arising out of the use of the service, whether based on contract, tort, strict liability or otherwise, even if Bundle or any of its subsidiary companies, affiliates or suppliers has been advised of the possibility of damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that Bundle, its members or investors or subsidiary companies, affiliates or suppliers shall not be liable for any defamatory, offensive or illegal conduct of any user of the service.

Termination

Bundle reserves the right to immediately terminate your use of, or access to, this Site at any time if Bundle decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that Bundle considers to be inappropriate or unacceptable.

You may terminate any account at any time by sending an e-mail to contact@bundle.com with the type of account that you have and information regarding that account. You must provide a valid reply email address if you wish to terminate an account by email in the event that we require additional information to locate your account to terminate it. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.

Upon termination of your account or membership or should your account remain dormant for a period of greater than six (6) months, Bundle shall have the right to close your account or terminate your membership.

Notices and Procedure for Making Claims of Copyright Infringement

If you believe that any material contained in this Site infringes your copyright, please notify the Company of your copyright infringement claim in accordance with the following procedure.

Bundle will process the notices of alleged infringement it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the "DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Bundle's Designated Agent.

Service Provider(s): Bundle Corporation

Janet Paskin
Bundle Corporation
149 Fifth Avenue, 4th Floor
New York, NY 10010

Subject Line: Bundle DMCA

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):

  1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to abuse@bundle.com without a proper subject line, or for purposes other than communication about copyright claims, may not be acknowledged or responded to.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Designated Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Bundle may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bundle's sole discretion.

Governing Law

By visiting or using the Site and/or the Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates.

Arbitration

PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.

Agreement to Arbitrate: Either you or we may, without the other’s consent, elect mandatory, binding arbitration for any claim, dispute, or controversy between you and us (called “Claims”).

Claims Covered

What Claims are subject to arbitration? All Claims arising out of, or relating to, the Site and/or the Service are subject to arbitration, including without limitation your visit to and/or use of the Site and/or the Service, and the application, enforceability, or interpretation of this Agreement and this arbitration provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non-representative) basis.

Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you, or claiming through us or you, such as a guardian, employee, agent, representative, affiliated company, shareholder, predecessor or successor, heir, assignee, or trustee in bankruptcy.

What time frame applies to Claims subject to arbitration? What time frame applies to Claims subject to arbitration?

Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this arbitration provision in the broadest way the law will allow it to be enforced. This arbitration provision is governed by the Federal Arbitration Act (the “FAA”).

What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non-representative) Claim.

What about Provisional Remedies? This arbitration provision does not restrict, limit, or prohibit your or our right to obtain provisional remedies from a court such as temporary restraining or protective orders, attachments, or preliminary injunctions, including without limitation for infringement of patent, copyright, trademark or trade secret rights, or for violation of the user conduct rules set forth above or in the Bundle Code of Conduct.

How Arbitration Works

How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your residence, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:

American Arbitration Association
1633 Broadway, Floor 10
New York, NY 10019
www.adr.org
JAMS
1920 Main Street, Suite 300
Irvine, CA 92614
www.jamsadr.com

At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.

What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow the applicable procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Agreement, in which case this Agreement will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator shall take reasonable steps to protect private and/or confidential information when requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.

Who pays? Arbitration fees, including initial filing fees and arbitrator costs (“Arbitration Fees”), shall be allocated pursuant to the applicable rules of the arbitration firm, including, where applicable, those rules or standards specific to consumer disputes. You may also seek a fee waiver under the applicable rules of the arbitration firm. In addition, we may advance or reimburse your Arbitration Fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. The arbitrator may award Arbitration Fees to either party pursuant to the applicable rules of the arbitration firm. Unless otherwise provided for by applicable law, each party will bear its own fees and expenses for attorneys, experts, and witnesses; upon request, the arbitrator may award such fees and expenses where authorized under applicable law.

Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, made by one user against Bundle and any affiliated entity or shareholder must be arbitrated in a single arbitration; but Claims made by two or more persons may not be joined or consolidated in the same arbitration absent the parties’ written consent.

When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days has passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA.

Survival and Severability of Terms. This arbitration provision shall survive termination or changes in the Agreement or your access to and/or use of the Site and/or the Service. If any portion of this arbitration provision is deemed invalid or unenforceable, the entire arbitration provision shall not remain in force. No portion of this arbitration provision may be amended, severed or waived absent a written agreement between you and us.

Coupons and Vouchers

The coupons or vouchers for restaurants or other retailers provided on the Site are being presented by Bundle on behalf of the applicable restaurants and retailers, but the applicable restaurant or retailer is the issuer of such coupons or vouchers and the use of such coupons or vouchers shall be subject to the term and conditions established by such restaurant or retailer. Without limiting the provisions herein entitled “Disclaimer of Liability and Warranties” and “Limitation of Liability,” Bundle takes no responsibility for any damages, claims, liabilities or costs resulting from the redemption of such coupons or vouchers, or caused by the products or services provided by such restaurant or retailer, and Bundle hereby explicitly disclaims any warranties associated therewith.

Other

These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. You may not assign this Agreement or any of your rights or obligations hereunder without the written permission of Bundle. Bundle may assign this Agreement and any of its rights or obligations hereunder to a company affiliated with, or a successor to or assignee of, Bundle, or to any other third party. Any permitted assignment shall inure to the benefit of successors and assigns of the assignor.

Questions

If you have questions or would like additional information, please contact us at: contact@bundle.com. Please visit our Frequently Asked Questions (“F.A.Q”) page for more information.