Terms of Use

PLUMB BILL PAY WEBSITE TERMS OF USE

These terms and conditions of use, together with any documents that are expressly incorporated by reference herein (collectively, “Terms of Use”), are entered into by and between You (referred to herein as, “User,” “You,” or “Your”) and Think Plumb LLC (referred to herein as, “Think Plumb,” “Company,” “we,” “us,” or “our”). You and Think Plumb LLC may be referred to herein as each individually, a “Party,” and collectively, the “Parties”.

These Terms of Use govern your access to and use of Company’s bill payment services offered on or through https://app.plumbbillpay.com, including any content, functionality, features, interfaces, and other software associated with the services offered on or through https://app.plumbbillpay.com and any associated downloadable mobile application (if available) (collectively, the “Website,” or “Services”).

Please read the Terms of Use carefully before You start to use the Services as they set forth the legally binding terms and conditions that govern your use of the Services. PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS ARE RESOLVED, SUCH AS, E.G., DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, INDEMNIFICATION, BINDING ARBITRATION AND CLASS ACTION WAIVER.

  1. Acceptance of Terms of Use. These Terms of Use expressly incorporate by reference include our Privacy Policy at https://www.plumbbillpay.com/privacy-policy, and govern your use of the Services. The Terms of Use apply to your use of the Services in any manner, including, but not limited to: using, visiting, or logging into the Services; accessing our servers or content; downloading and/or using the downloadable mobile application (if available); creating an Account; or uploading any information, data or User Uploaded Content through the Services. In order to use the Services, You must first agree to the Terms of Use. If You do not agree to these Terms of Use, do not use the Services.
  2. Eligibility Requirements. The Services are offered and available to users who are 18 years of age or older, who are not mentally incapacitated, or unable to enter into legally binding contracts for any other reason whatsoever. By using the Services, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Services.
  3. Account Registration, Account Security, Access to Services, and Communication Preferences.
    • Account. In order to utilize the Services, You must register for an account (“Account”).
    • Account Information. To access the Services or some of the resources it offers, You may be asked to provide certain registration details or other information such as Your full name, address, email address, phone number, username, password, or other items of information (collectively, the “Account Information”). You acknowledge and agree to: (a) provide valid, current, and accurate Account Information; and (b) to maintain and promptly update the Account Information if it becomes outdated. You may edit your Account Information at any time by accessing your Account. You acknowledge and agree that any and all Account Information You provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy at https://www.plumbbillpay.com/privacy-policy, and You consent to all actions we take with respect to your Account Information consistent with our Privacy Policy.
    • Account Security; Username and Password. If You choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that your Account is personal to You and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You are solely responsible for maintaining the safety and security of your Account Information, including your username and password. You are also responsible for all activities that occur under or through your Account. You acknowledge and agree that multi-factor authentication may be required to access the Services. You agree to notify us immediately of any unauthorized access to your Account or use of your username or password or any other breach of security. You also agree to ensure that You exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your username, password or other personal information.
    • Access to Services. Think Plumb reserves the right to withdraw or amend the Services, and any service or material provided on or through the Services at any time in its sole and absolute discretion without notice. Think Plumb will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, for any reason at our sole discretion. You further acknowledge and agree that You are responsible for both: (a) making all arrangements necessary for You to have access to the Services; and (b) ensuring that all persons who access the Services through your Account are aware of these Terms of Use and that they comply with them.
    • Communication Preferences. By using the Services, You consent to receiving communications from Think Plumb relating to your Account. These communications may involve phones calls or sending emails to the phone number or email address that You provided during registration and maintained in your Account. You agree that any and all notices, disclosures or other communications that Think Plumb sends to You electronically will satisfy any and all legal communication requirements, including that such communications be in writing. You also consent to receiving certain other communications from Think Plumb, such as e.g., promotions, newsletters, new content or services, special offers, or customer surveys.
    • Prohibition on Use and Account Transfers. You shall not transfer, sell, assign, sublicense, pledge, lend, rent, or otherwise dispose of your Account to any individual or other third party. Nor may You assign to any third party, provide as security, or otherwise dispose of Your rights and obligations arising under the Terms of Use. You acknowledge and agree that You remain fully and completely responsible for any and all uses of Your Account by persons authorized by You to use Your Account (such as authorized representatives or designees) and that all such persons who access the Services through your Account are aware of these Terms of Use and comply with them.
  4. Account Restriction, Cancellation, or Termination.
    • Account Cancellation by You. You may cancel your Account at any time.
    • Account Restriction, Cancellation or Termination by Think Plumb. Think Plumb reserves the right to temporality or permanently, restrict, suspend, disable, or terminate your Account and use of the Services, for any or no reason, at any time, in its absolute sole discretion, with or without notice, including if, in our opinion, You have violated any provision of these Terms of Use. Further, Think Plumb may take any and all legal actions necessary to protect itself, including e.g., submission to collection agency or referring any fraudulent, abusive, or illegal activity to third parties or appropriate law enforcement authorities. You remain obligated to pay any and all fees incurred as a result of your use of the Services, plus any and all applicable penalties, after your Account is restricted, suspended, or terminated for any reason.
  5. Intellectual Property Rights.
    • The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Think Plumb, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
    • These Terms of Use permit You to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material made available to You through the Services, except as follows:
      • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
      • You may store files that are automatically cached by your Web browser for display enhancement purposes.
      • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, performance, display, copying, or distribution.
      • If we provide desktop, mobile, or other software applications for download, You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
      • If we provide social media features with certain content, You may take such actions as are enabled by such features.
    • You must not:
      • Modify copies of any materials made available to You via the Services.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials obtained from the Services.
      • You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.
    • If You print, copy, modify, download, or otherwise use or provide any other third party with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and You must, at our option, return or destroy any copies of materials made available to You (if any).
    • No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Think Plumb. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws, including intellectual property rights.
  6. Trademarks. The PLUMB and THINK PLUMB names, and all related names, trade names, symbols, phrases, design marks, taglines, slogans, brand names, trademarks, service marks, domain names or other product or service identifiers in the broadest possible sense are trademarks of the Company or its affiliates or licensors. You must not use such trademarks without the prior written permission of Company. Any other names, trade names, symbols, phrases, design marks, taglines, slogans, brand names, trademarks, service marks, domain names or other product or service identifiers that you encounter on the Services are the trademarks of their respective owners.
  7. Prohibited Uses.
    • You may use the Services only for lawful purposes and in accordance with these Terms of Use. You acknowledge and agree not to use the Services:
      • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
      • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
      • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
      • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
    • Additionally, You agree not to:
      • Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other Party’s use of the Services, including their ability to engage in real time activities through the Services.
      • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any information or material.
      • Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the Services.
      • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services and/or are stored, or any server, computer, or database connected to the Services.
      • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Services.
  1. User Uploaded Content.
    • The Services allow users to upload, submit, or otherwise transmit information, documents and materials (collectively, “User Uploaded Content”) to Company for purposes of allowing Company to perform the Services.
    • All User Uploaded Content must comply with the Content Standards set out in these Terms of Use and You represent and warrant that all User Uploaded Content will comply with these Terms of Use.
    • All User Uploaded Content will be considered confidential.
    • You understand and acknowledge that You are responsible for any User Uploaded Content You submit, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
  2. Monitoring and Enforcement; Termination.
    • We have the right to:
      • Remove any User Uploaded Content for any or no reason in our sole discretion, including that such User Uploaded Content does not comply with the Terms of Use.
      • Take any action with respect to any User Uploaded Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Uploaded Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, or could create liability for the Company.
      • Disclose your identity or other information about You to any third party who claims the User Uploaded Content uploaded by You violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
      • Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
    • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ANY OF ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    • We cannot/do not undertake to review material before it is uploaded through the Services, and cannot ensure prompt removal of User Uploaded Content that violated the Terms of Use, including the Content Standards. Accordingly, we assume no liability for any action or inaction regarding any User Uploaded Content provided by You. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  3. Content Standards.
    • These content standards apply to any and all User Uploaded Content. User Uploaded Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Uploaded Content must not:
      • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
  1. Copyright Infringement. If You believe that any portion of the Services violate any copyrights, please send us a notice of copyright infringement.
  2. Information About You and Your Visits to the Website. All information we collect on the Services is subject to our Privacy Policy at https://www.plumbbillpay.com/privacy-policy. By using the Services, You consent to all actions taken by us with respect to Your information in compliance with the Privacy Policy.
  3. Third Party Applications and Content. You may encounter third party applications, such as software, apps, websites, widgets, or other utilities that interact with the Services. These third-party applications may collect data related to your Account and related activity and otherwise gather data from you. Any such third-party applications are provided solely as a convenience to you, and Company is not responsible for such third-party Applications. Use of any such third applications is at your own risk. Think Plumb is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged, in connection with your use of or reliance upon any third-party content, websites or other third-party resources linked or referenced on, or through the Services.
  4. Disclaimer of Warranties.
    • You understand that we cannot and do not guarantee or warrant that any files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL FROM THE SERVICES OR ON ANY WEBSITE LINKED TO IT.
    • YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES, MATERIALS, OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    • TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    • THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  5. Limitation on Liability.
    • TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
    • Liquidated Damages. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. To the fullest extent provided by law, in no event will the collective liability of the Company and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any Party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount You paid to the Company for Services in the month out of which liability arose.
    • THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
  6. Indemnification. You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, including reasonable attorneys’ fees, arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, Your User Uploaded Content, any use of the Service’s content, services, and products other than as expressly authorized in these Terms of Use, or your misuse of the Services or any information obtained from use of the Services.
  7. Governing Law and Jurisdiction.
    • All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule whether of the State of California or any other jurisdiction.
    • Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the state or federal courts located in the County of San Diego, California, although Think Plumb retains the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in your country of residence or any other relevant country. You hereby submit to the personal jurisdiction and venue of such courts and waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.
  8. Dispute Resolution Procedures – READ THIS SECTION CAREFULLY, AS IT SETS FORTH THE BINDING “ARBITATION AGREEMENT” BETWEEN YOU AND THE COMPANY, AND AFFECTS YOUR RIGHTS AND HOW CLAIMS BETWEEN YOU AND THE COMPANY ARE HANDLED AND RESOLVED. THIS SECTION PROVIDES FOR THE WAIVER OF THE RIGHT TO A JURY TRIAL. As used herein, the term “Arbitration Agreement” means this section, including all subparts.
    • Binding Arbitration Agreement. The Parties agree that any dispute, controversy or claim arising out of or relating in any way to the Terms of Use, including without limitation any dispute concerning the construction, validity, interpretation, breach, or enforceability of the Terms of Use, and/or whether a particular claim is covered by this arbitration provision, shall be resolved exclusively through final and binding arbitration by a sole arbitrator picked jointly by the Parties or their counsel. Notwithstanding the foregoing, prior to the submission of any dispute to binding arbitration, the Parties shall first engage in reasonable, good-faith efforts to informally resolve such dispute such as through mediation, without the involvement of an arbitrator.
    • Notice. A Party who intends to seek arbitration must first send notice to the other, by certified mail or FedEx, which includes a detailed description of the nature and basis of the dispute the Party is asserting and the relief sought.
    • Informal Attempt to Resolve. If the Parties are unable to informally resolve the dispute described in the written notice within thirty (30) calendar days after notice is given, and either Party desires to pursue such dispute further, such aggrieved Party must submit the dispute to final and binding arbitration by a sole arbitrator picked jointly by the Parties or their counsel.
    • Arbitration Proceedings. Any arbitration hearings will take place at a mutually agreeable location or, if the Parties are unable to agree upon a location, then in the County of San Diego, California. The Parties are each waiving the right to a trial by jury. The Parties shall select a mutually agreeable arbitration forum. If the Parties are unable to mutually agree on an arbitration forum, the Parties will utilize arbitration services at JAMS and such proceeding will be conducted pursuant to JAMS Comprehensive Arbitration Rules & Procedures located at https://www.jamsadr.com/rules-comprehensive-arbitration/. The arbitrator’s award shall be final and binding and judgment upon the arbitration award may be entered in the highest court or forum having jurisdiction, state or federal.
    • Costs of Arbitration / Attorney’s Fees. Payment of all filing, administration and arbitrator fees shall be shared equally by the Parties. Each Party shall bear its own attorneys’ fees and other associated costs incurred in relation to any arbitration proceedings. If, however, it is found that any Party breached a term or obligation of this Terms of Use, the non-breaching Party shall be entitled to reasonable expenses, attorneys’ fees, and costs incurred in any arbitration taken to enforce the terms of the Terms of Use, or to remedy or compensate for such breach.
    • Class Action Waiver. THE PARTIES AGREE THAT EACH OF THEM MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). As used herein, the term “Class Action Waiver” means the provision contained in this paragraph, and the Parties acknowledge and agree that this Class Action Waiver is material and essential to the handling of any disputes between the Parties. If the arbitrator decides that applicable law precludes enforcement of any portion of this Class Action Waiver as to a particular claim, then that claim (and only that claim) must be severed from the arbitration and may be brought in the state or federal courts in the County of San Diego, California. All other claims will be arbitrated.
  9. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
  10. General.
    • Headings. Headings are for reference purposes only and do not limit the scope of the Terms of Use.
    • Entire Agreement. The Terms of Use, together with any documents that are expressly incorporated by reference herein, constitute the sole and entire agreement between You and Think Plumb regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
    • No Assignment. The Terms of Use, and any rights, and licenses granted hereunder, may not be transferred, assigned, or sublicensed by You. Think Plumb may assign, sublicense, or otherwise transfer any rights or licenses under the Terms of Use, without restriction and without prior notice to You.
    • Materiality. Each provision of this Terms of Use shall be considered material for the purpose of establishing a breach of the Terms of Use.
    • Changes to Terms of Use. Think Plumb may change or modify these Terms of Use, including the Privacy Policy, at any time, in its absolute discretion. Such revisions shall be effective immediately. Please check this Terms of Use from time-to-time to review the current Terms of Use. Your continued use of the Services after any change or modification to this Terms of Use will constitute your acceptance to this Terms of Use with those changes.
    • Consent to Updates. By using the Services, You acknowledge and consent to receive, without notice or prompting, updated versions of the Services, including any website, downable mobile application (if available), and related third party applications or software. Think Plumb takes no responsibility or otherwise warrants the performance of any user device and its continuing compatibility with the Services. By using the Services, You agree to look solely to the manufacturer of the device for any compatibility issues with the Services.
    • Survival of Terms. Cancellation or Termination of your access to your Account and/or use of the Services, shall not relieve You of any obligations arising or accruing prior to cancellation or termination, or limit any liability that You otherwise may have to Think Plumb or any third party. Any term, section, or provision of this Terms of Use’s that by their nature should survive termination shall survive termination.
    • Severability. If any term or provision of this Terms of Use is found invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Terms of Use, or invalidate or render unenforceable such term or provision in any other jurisdiction, so long as the remaining parts continue to fulfill the original intent of the Parties.
    • Force Majeure. Neither Party will be liable for any failure of or delay in the performance of any of its obligations under this agreement if its failure or delay is due to the occurrence of Force Majeure, such as by an act of God, force of nature, pandemic, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control.

Last Modified. This Terms of Use was last modified on 9-16-2021.