Terms of Use

Welcome to Bundle Select™, operated by Bundle Select™, Inc., a Delaware corporation headquartered in Silicon Valley, at 1460 Glenwood Ave., San Jose, California 95125. Bundle Select™, Inc. is a licensed Real Estate Broker – California Bureau of Real Estate Broker License #00466902. CONTACT number 800 307-2368

BUNDLE SELECT™ TERMS OF USE

Last Modified: 03/09/2018

Thank you for using Bundle Select™’s products and services (“Services”), which include any of our websites (“Website”), and any content, text, data, information, software, graphics, photographs, of our products, services, system, website, applications, or network (“Materials”). Bundle Select™ provides its Services to you provided that you agree to all of the following terms (“Terms of Use”). By using our Services, you agree to be legally bound by these Terms of Use, as updated from time to time, and to receive notices and other communications regarding these Terms of Use, including amendments or other updates, electronically, such as by posting to the Website. Further, additional terms available with relevant Services become part of your agreement with us if you use those Services.

Please read these Terms of Use carefully:

USING BUNDLE SELECT™’S WEBSITE OR SERVICES INDICATES THAT YOU HAVE BOTH READ AND AGREE TO BE BOUND BY THESE TERMS OF USE AS A LEGAL AGREEMENT BETWEEN YOU AND BUNDLE SELECT™, INC. YOU CANNOT USE BUNDLE SELECT™’S WEBSITE OR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION, INCLUDING AN INDIVIDUAL JURY TRIAL WAIVER AND A CLASS ACTION WAIVER WITH RESPECT TO DISPUTES YOU MAY HAVE WITH BUNDLE SELECT™. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

*IMPORTANT DISCLAIMER: ESTIMATED MINIMUM SAVINGS ARE BASED ON A COMPARISON WITH THE NATIONAL AVERAGE, INDIVIDUAL RESULTS MAY VARY, AND THE ESTIMATED SAVINGS ARE NOT GUARANTEED.

NO BROKER-CLIENT RELATIONSHIP.

Bundle Select™, Inc. is a licensed real estate broker in the state of California, California Bureau of Real Estate Broker License #00466902, responsible broker William Benson. While Bundle Select™ may have advertisers on its Website or Services that are lenders or loan brokers, Bundle Select™ does not originate, negotiate, coordinate, arrange, or broker financing or loans, and does not earn any additional compensation directly related to the financing of real property. Bundle Select™ assists its clients in the advertising and transfer of real property in the state of California. The information you obtain on Bundle Select™’s Website, or through any of Bundle Select™’s Services or Materials is not, nor is it intended to be, the type of personalized advice that a broker would typically provide to a client. Bundle Select™’s Website and Materials are intended to provide general information about Bundle Select™’s Services and residential real estate listings. You should consult with your broker or attorney for advice regarding your individual situation.

You may contact Bundle Select™ with questions; however, please note that contacting us does not create a broker-client relationship between you and Bundle Select™. Do not impart confidential information in your communications with us unless and until a written agency agreement is signed by you and Bundle Select™ in which you agree to have Bundle Select™ represent you in the capacity of a real estate broker. Until such an agreement is signed by both parties, Bundle Select™ does not owe you the duties imposed by law that real estate brokers owe their clients, and nothing in Bundle Select™’s Services, Website, or Materials, or in any communications between you and Bundle Select™ should be interpreted as individual advice about your particular situation.

MODIFICATIONS.

We are continually changing and improving our Services, Website, and Materials. We may alter the Services, Website, or Materials, add or remove functionalities or features, or suspend or discontinue the Website, Materials, or Services at any time and without notifying you, although we will try to give you reasonable advance notice, where reasonably possible if we discontinue a Service. We may also change, update, add, or remove provisions (“Modifications”) of these Terms of Use from time to time. Bundle Select™ will inform you of any Modifications to these Terms by posting them on our Website.

If you object to any such Modifications, your sole recourse shall be to cease using the Services, Materials, and Website. Continued use of the Services, Website, or Materials following notice of any Modifications indicates that you acknowledge and agree to be bound by the Modifications. Also, these Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of Bundle Select™’s Website, or accompanying particular Services or Materials. These expressly-designated legal notices or terms are incorporated into these Terms of Use and supersede the provision(s) of these Terms of Use that are designated as being superseded.

PERMITTED USE AND RIGHTS.

You agree to use Bundle Select™’s Website, Services, and Materials only for your own individual, consumer purposes, and only as permitted by law, including compliance with applicable export and control laws and regulations (“Permitted Purposes”). By accessing or using Bundle Select™’s Website, or any of its Services or Materials, you represent, acknowledge and agree that you are at least 18 years of age. Some of our Services are available on mobile devices; do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

Bundle Select™ grants you only a limited, personal, non-exclusive and non-transferable license to use and to display the Website or Materials provided that you use them for the Permitted Purposes Only and provided that you comply with our policies and Terms of Use. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Unauthorized Uses.

To be clear, Bundle Select™ authorize your use of its Services, Website, and Materials only for Permitted Purposes. Any other use beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use. This is because as between you and Bundle Select™, all rights in the Services, Website, and Materials remain Bundle Select™ property.

Unauthorized use of this Website may result in violation of various United States and international copyright laws. The following are examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use Bundle Select™’s Services, Website, and Materials in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):

  1. For any public or commercial purpose which includes use of the Services, Website, and Materials on another site or through a networked computer environment;
  2. In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of Bundle Select™’s Services, Website, or Materials;
  3. In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  4. For the purpose of establishing an individual’s eligibility for credit or insurance, evaluating an individual for employment purposes, determining an individual's eligibility for a government license or permit or in any other manner that would cause such use to be construed as a consumer report by any authority having jurisdiction over you or us;
  5. To stalk, harass, or harm another individual;
  6. To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  7. To interfere with or disrupt Bundle Select™’s Services or Website, or servers or networks connected to the Services or Website;
  8. For data mining, robots, or similar data gathering or extraction methods; or
  9. To attempt to gain unauthorized access to any portion of Bundle Select™’s Services, Website, or Materials or any other accounts, computer systems, or networks connected to Bundle Select™’s Services, Website, or Materials, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Bundle Select™ if you violate these Terms of Use and that violation results in a problem for us. You also agree to pay any damages that Bundle Select™ may end up having to pay as a result of your violation. You alone are responsible for any of your violations of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.

Bundle Select™’s Property.

Using our Services specifically does not grant you any rights of ownership or other rights in the Services, Website, or any Materials that you may access.

Bundle Select™’s Services, Website, and Materials belong to Bundle Select™: Copyright © 2017-2018. Bundle Select™, Inc., Headquartered in Silicon Valley, CA. All Rights Reserved. You may not, for example, edit, modify, copy, reproduce, publicly distribute, publicly perform, publicly display, publicly transmit, prepare derivative works of, disassemble, attempt to derive the source code of any software or security components, reverse engineer, alter, enhance, rent, lease, loan, transfer or sell, or participate in the transfer or sale of, or in any way exploit any of Bundle Select™’s Services, Website, or Materials in any manner, other than as permitted by these Terms of Use and Bundle Select™, Inc. policies (except as and only to the extent any foregoing restriction is prohibited by applicable law or a separate agreement between you and Bundle Select™).

Use of the Bundle Select™’s Services, Website, or Materials to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited.

Bundle Select™ retains ownership of all its rights in the Services, Website, and Materials, and except as expressly stated, no other rights or licenses are granted or to be implied. If you make copies of any part of the Website or Materials, while engaging in Permitted Purposes, be sure to keep on the copies all copyright, legal, or other proprietary notices as they appear on the Website or Materials.

BUNDLE SELECT™; SYNCHRONIZING REAL ESTATE™; HOME. MADE EASY™; WELCOME TO THE FUTURE OF REAL ESTATE™; BUNDLE . SAVE . SIMPLIFY™; BUNDLE . SIMPLIFY . SAVE™; CENTRALIZE . SIMPLIFY . SAVE™; and Bundle Select™ logos are each trade- and service marks of Bundle Select™, Inc. Bundle Select™.com, BundleExpert.com, BundleRealEstate.com, and Expert Bundle Select™.com are each domain names belonging to Bundle Select™, Inc. These terms do not grant you the right to register or use, in whole or in part, in your product name, company name, trade name, service name, or second level domain name, any of these marks or domains, or any other, name, mark, logo, slogans, taglines, domain name, or branding used in connection with or displayed on our Services, Website, or Materials, except to denote or refer to Bundle Select™ or its products or services, or as may be permitted by law or by separate agreement between you and Bundle Select™, Inc. Do not remove, obscure or alter any legal notices displayed on or along with Services, Website, or Materials.

If you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials along with any copies.

Other Content or Branding.

Our Services, Website, or Materials may also display some content (“Other Content”), or marks, names, or logos (“Other Branding”) that is not Bundle Select™’s, but which are the property of the respective owners of such Other Content or Branding. Other Content or Branding is the sole responsibility of the entity that makes it available. We may review Other Content or Branding whether it is illegal or violates our terms or policies, and may remove or refuse to display Other Content or Branding that we reasonably believe violates our policies, terms, or the law. But, that does not necessarily mean that we review such Other Content or Branding, so please do not assume that we do. These Terms of Use do not grant you the right to use such Other Content or Branding unless you obtain permission from its owner or are otherwise permitted by law. Do not remove, obscure or alter any legal notices displayed in or along with such Other Content or Branding.

If you breach any of these Terms the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials, along with any copies.

YOUR Content.

You retain ownership of any intellectual property rights that you hold in content that you upload, submit, store, send, or receive when using our Services (“Your Content”), but, when you upload, submit, store, send, or receive Your Content to or through our Services, you give Bundle Select™ (and those we work with) a perpetual, universal, non-exclusive, royalty-free fully-paid license (sub-licensable through multiple tiers) to host, store, reproduce, modify, prepare derivative works of (such as those resulting from translations, adaptations, or other changes that we make so that your content works better with our Services), communicate, publish, copy, publicly distribute, publicly display, publicly perform, publicly transmit, and distribute Your Content (or any modification to Your Content), in whole or in part, in any format or medium now known or later developed; use (and permit others to use) Your Content in any manner and for any purpose (including, without limitation, commercial purposes) that Bundle Select™ deems appropriate in its sole discretion (including, without limitation, to incorporate Your Content or any modification thereto, in whole or in part, into any technology, product, or service); and display advertisements in connection with Your Content and to use Your Content for advertising and promotional purposes.

The rights that you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove Your Content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services.

In uploading, submitting, storing, or sending Your Content, you represent that you have the necessary rights to grant us this license for any of Your Content.

You agree that you are solely responsible for Your Content and that it is considered both non-confidential and non-proprietary. You agree that Bundle Select™ may freely disclose Your Content to any third party absent any obligation of confidence on the part of the recipient. By submitting any of Your Content, you represent and warrant to Bundle Select™ that:

  1. You own all rights in Your Content (including, without limitation, all rights to the reproduction and display of Your Content) or, alternatively, you have acquired all necessary rights in Your Content s to enable you to grant to us the rights in Your Content as described in these Terms of Use;
  2. You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of Your Content;
  3. Your Content, or any part of it, does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  4. You voluntarily agree to waive all “moral rights” that you may have in Your Content;
  5. Any information contained in Your Content is not known by you to be false, inaccurate, or misleading;
  6. Your Content, or any part of it, does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising)
  7. Your Content is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
  8. You were not and will not be compensated or granted any consideration by any third party for submitting Your Content;
  9. Your Content does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
  10. Your Content does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  11. Your Content does not contain any information that you consider confidential, proprietary, or personal; and
  12. Your Content does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

Bundle Select™ may, but is not obligated to, pre-screen Your Content or user submissions, or monitor any area of its Website through which Your Content or user submissions may be submitted. We are not required to host, display, or distribute any Your Content or any user submissions on or through this our Website or Services, and may remove at any time or refuse any of Your Content or any user submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to Your Content or any user submissions. Further, Bundle Select™ does not guarantee that you will be able to edit or delete any of Your Content that you have submitted.

Our automated systems may analyze Your Content (including communications) to provide you with personally relevant product features, such as customized search results or tailored advertising. This analysis occurs as the content is sent, received and when it is stored.

If you have a user account or profile with Bundle Select™, we may display your account or profile name, photo, or actions connected to your account or profile (such as reviews you write or comments you post) in our Services, including displaying in ads and other commercial contexts. We will respect the choices you make to limit sharing or visibility settings in your account or profile. For example, you can choose your settings so that your name and photo do not appear in an ad.

You can find more information about how Bundle Select™ uses and stores content in the Privacy Policy or such additional terms for particular Services that may exist. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Feedback.

Your submissions to Bundle Select™ (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Notifications of Claimed Infringement.

We respect the intellectual property rights of others and encourage our users and community to do the same. Accordingly, Bundle Select™’s policy is to remove feedback, information, data, text, software, messages, or other content or materials (“User Submissions”) that violate intellectual property rights of others, and to suspend any user’s access to our Services, Website, or Materials, or any portion of them, who uses the Services, Website, or Materials in violation of someone’s intellectual property rights. In appropriate circumstances, we may terminate the account of any user who uses the Services, Website, or Materials in violation of someone’s intellectual property rights.

According to Section 512 of Title 17 of the United States Code, Bundle Select™ has implemented procedures for receiving written notification of claimed intellectual property infringement and for processing such claims in accordance with such law. If you believe you copyright or other intellectual property right is being infringed by a user of any Services, Website, or Materials, please you may provide notice of claims of infringement to Bundle Select™’s designated agent (“DMCA Designated Agent”):

DMCA Agent
Bundle Select™, Inc.
1460 Glenwood Ave.
San Jose, CA 95125
dmca@bundleselect.com

To be sure the matter is handled immediately, your written notice must contain:

  1. A 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 work or intellectually property you claimed has been infringed.
  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 us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, namely, a mailing address, telephone number, and email address.
  5. A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Unless the notice pertains to copyright or other intellectual property infringement, the Agent will be unable to address the listed concern.

Submitting a Counter-Notification

We will notify you if we have removed or disabled access to material that you have provided in response to a validly received take-down notice. In response, you may provide our DMCA Designated Agent with a written counter-notification that includes the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers.

We reserve the right, in Bundle Select™’s sole discretion, to terminate the account or access of any user of Bundle Select™’s Services, Website, or Materials who is the subject of repeated DMCA or other infringement notifications.

GEO-LOCATION TERMS.

The Services include and make use of certain functionality and services provided by third-parties that allow us to include maps, geocoding, places and other content from Google, Inc. (“Google”) as part of the Services (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to Google’s then current Terms of Use for Google Maps/Google Earth (http://www.google.com/intl/en_us/help/terms_maps) and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

LINKS TO THIRD PARTY SITES.

We think links are convenient, and we sometimes provide links on our Website to third-party websites. If you use these links, you will leave our Website. We are not obligated to review any third-party websites that you link to from our Website; we do not control any of the third-party websites, and we are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, we do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from our Website, you do this entirely at your own risk and you must follow the privacy policies and terms and conditions for those third-party websites. Certain areas of our Website may allow you to interact and/or conduct transactions with one or more third-party websites, and, if applicable, allow you to configure your privacy settings in that third-party website account to permit your activities on our Website to be shared with your contacts in your third-party site account.

USER ACCOUNT AND PASSWORD-RESTRICTED AREAS.

To access certain password-restricted areas of Bundle Select™’s Website and to use certain Services or Materials, you must successfully register an account with us.

If you want an account with Bundle Select™, you must submit the following information through the account registration page on the Website for your proposed account:

  1. A working email address;
  2. First and last name;
  3. A password that meets our security requirements.

You may also provide additional, optional information so that we can provide you with a more customized experience when using Bundle Select™ Services. Once you submit the required registration information, Bundle Select™ alone will determine whether or not to approve your proposed account. If approved, you will be sent an email detailing how to complete your registration. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly or contacting Bundle Select™ using the below contact information so that we can make the changes for you. If you forget your password, we will send a password update to your provided email address.

You are responsible for complying with these Terms of Use when you access Bundle Select™’s Services or password-restricted areas of Bundle Select™’s Website, whether directly or through any account that you may set up. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of Bundle Select™’s Services or password-restricted areas of Bundle Select™’s Website, as well as to pay related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that Bundle Select™ may allow you to use to access Bundle Select™’s Services or password-restricted areas of Bundle Select™’s Website. Should you believe your password or security for Bundle Select™’s Services or password-restricted areas of Bundle Select™’s Website has been breached in any way, you must immediately notify us.

PRIVACY POLICY.

We respect the information that you provide to us, and want to be sure you fully understand exactly how we use that information. Please review Bundle Select™’s Privacy Policy.

EQUAL HOUSING OPPORTUNITY.

We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. We encourage and support an affirmative advertising and marketing program in which there are no barriers to obtaining housing because of race, color, religion, sex, handicap, familial status, or national origin.

PARTICIPATING LENDERS.

Any lenders participating in the Services as advertisers or otherwise are solely responsible for their services to consumers. You agree Bundle Select™ shall not be liable for any damages or costs of any type arising out of or in any way connected with the services offered by lenders. We are not responsible for any errors or delays caused by consumers or any lenders in the loan process. We reserve the right, at any time and in Bundle Select™’s sole discretion, to discontinue, suspend, or terminate the participation of any Lender or other user from using or participating in any of Bundle Select™’s Services.

DISCLAIMER OF WARRANTIES.

BUNDLE SELECT™’S SERVICES, WEBSITE, AND MATERIALS ARE EACH AND ALL PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, WORKMANLIKE EFFORT, ACCURACY AND COMPLETENESS, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, UNINTERRUPTED OR ERROR-FREE SERVICE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT SERVICES, WEBSITE, AND MATERIALS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, Bundle Select™ makes no warranty that the Services, Website, or Materials will meet your requirements or that the Services, Website, or Materials will be uninterrupted, timely, secure, or error free or that defects in the Services, Website, or Materials will be corrected. We make no warranty as to the results that may be obtained from the use of the Services, Website, or Materials or as to the accuracy or reliability of any information obtained through the Services, Website, or Materials. No advice or information, whether oral or written, obtained by you through the Services, Website, or Materials or from Bundle Select™ or our subsidiaries or other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

CALIFORNIA CIVIL CODE § 1542 WAIVER.

If you are a California resident, you agree to waive California Civil Code § 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY.

YOU AGREE THAT YOUR USE OF BUNDLESELECT'S SERVICES, WEBSITE, OR MATERIALS IS AT YOUR SOLE RISK. BUNDLE SELECT™ SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, REPUTATIONAL HARM OR LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT BE MORE THAN $100.00.

LOCAL LAWS; EXPORT CONTROL.

We control and operate our Services, Website, or Materials from our headquarters in Silicon Valley, California, in the United States of America, and the entirety of our Services, Website, or Materials may not be appropriate or available for use in other locations. If you use our Services, Website, or Materials outside the State of California, or the United States of America, you are solely responsible for following applicable local laws.

DISPUTE RESOLUTION:

BINDING ARBITRATION AGREEMENT; JURY TRIAL AND CLASS ACTION WAIVERS.

Please Read This Provision Carefully. It Affects Your Legal Rights.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of California, as such laws are applied to contracts entered into and to be performed entirely within such State. Foreign laws do not apply. To avoid any litigation by or between any parties, as to any disputes, claims, or controversies, whether arising out of or relating to this Agreement or your use of our Services, Website, or Materials, or otherwise, you and Bundle Select™ each agree that the parties shall first engage in alternative dispute resolution as set forth below (and, except as set forth below, each party’s performance hereunder shall continue while such alternative dispute resolution processes are occurring):

  1. Exchange: In the event of any dispute or disagreement, the parties shall cooperate to promptly exchange in writing the matter in dispute and the specific positions of the parties, which is first done by emailing to us at info@bundleselect.com the following information: (1) your full legal name, (2) your mailing address, (3) a written description of your dispute or disagreement, and (4) a description of the specific relief you seek.
  2. Management Escalation: In the event such dispute or disagreement cannot be resolved, either party may elect, in writing, to elevate the dispute resolution process to executive management of each party. All such settlement negotiations shall be confidential, shall not be admissible in evidence in the event of any arbitration or other judicial proceedings, and shall not be binding on either party until reduced to writing and signed in ink by each party or otherwise confirmed electronically by each party.
  3. Non-Binding Mediation: The parties hereby submit to non-binding mediation before a neutral mediator jointly appointed by the parties within 10 days of demand by either party, following the failure of executive management of the parties to resolve the dispute or disagreement. The neutral mediator’s recommendation shall not be binding on the parties.
  4. Binding Arbitration: Following mediation or refusal of either party to mediate (which shall be considered a breach of this Agreement), and for matters for which injunctive relief or other equitable relief is sought pending arbitration, the parties hereby submit to the jurisdiction of JAMS, www.jamsadr.com, for binding arbitration before a single arbitrator of all disputes and disagreements arising from or otherwise relating to these Terms of Use. The decision of the neutral arbitrator appointed by JAMS shall be in writing, shall set forth specific findings of fact and conclusions of law, and shall be binding on the parties on its effective date. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. The arbitration shall be commenced as an individual arbitration, in either Santa Clara County, California or the federal judicial district that includes your mailing address and shall in no event be commenced as a class arbitration. In the event that you select the latter, we may transfer the arbitration to Santa Clara, California so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer. All issues shall be for the arbitrator to decide, including the scope of this dispute resolution provision or any of its subsections. Such decision may be entered in the federal or state courts in the County of Santa Clara, or any other court of competent jurisdiction. EVERYONE AGREES THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SUBSECTION. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this subsection, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions).
  5. Costs: In the event of any litigation or arbitration between the parties arising from or relating to any dispute, the prevailing party shall be entitled to recover, in addition to any other relief granted or
  6. Exclusions from Binding Arbitration/Right to Opt Out: Notwithstanding the above, either party may choose to pursue a dispute in court and not by arbitration if: (a) The dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing us at info@bundleselect.com the following information: (1) your full legal name; (2) your mailing address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in binding arbitration or small claims court.
  7. CLASS ACTION WAIVER: EXCEPT AS OTHERWISE PROVIDED IN THIS PROVISION, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING OR CLAIMS (SUCH AS A CLASS ACTION, CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL ACTION) UNLESS BOTH YOU AND WE SPECIFICALLY AGREE TO DO SO FOLLOWING INITIATION OF THE ARBITRATION. IF YOU CHOOSE TO PURSUE YOUR DISPUTE IN COURT BY OPTING OUT OF THE BINDING ARBITRATION PROVISION, AS SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO YOU. NEITHER YOU, NOR ANY OTHER USER OF THE SERVICES, WEBSITE, OR MATERIALS CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING WITHOUT HAVING COMPLIED WITH THE OPT-OUT REQUIREMENTS ABOVE.
  8. JURY TRIAL WAIVER: YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THIS PROVISION IN THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR A TRIAL BEFORE A JUDGE IN A PUBLIC COURT. IN THE ABSENCE OF THIS PROVISION, YOU AND WE MIGHT OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING DISPUTES IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS). EXCEPT AS OTHERWISE PROVIDED BELOW, THOSE RIGHTS ARE WAIVED. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT (E.G., THE RIGHTS TO BOTH APPEAL AND CERTAIN TYPES OF DISCOVERY) MAY BE MORE LIMITED OR MAY ALSO BE WAIVED.
  9. Severability: If any clause within this Dispute Resolution provision (other than the Class Action Waiver above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution provision, whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Resolution provision will be unenforceable and the dispute will be decided by a court.
  10. Continuation: This Dispute Resolution provision shall survive the termination of your account with us or our affiliates and your discontinued use of the Services, Website, or Materials. Notwithstanding any provision in to the contrary, we agree that if we make any change to this Dispute Resolution provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Dispute Resolution provision if a dispute between us arises.
  11. Termination: Certain violations of these Terms of Use, as determined by us, may require immediate termination of your access to this Services, Website, or Materials without prior notice to you.
CALIFORNIA CIVIL CODE § 1789.3 CONSUMER RIGHTS NOTICE.

California Civil Code § 1789.3 requires the following consumer rights notice to California users:

This Website and Service are provided by Bundle Select™, Inc., 1460 Glenwood Ave., San Jose, California 95125. If you have a question or complaint regarding the Website or Service, or for further information regarding the use of the Service, please contact Customer Service at (800) 307-2368. You may also contact us by writing Bundle Select™, Inc., 1460 Glenwood Ave., San Jose, California 95125 or email at info@bundleselect.com.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, http://www.dca.ca.gov/about_dca/contactus.shtml, by telephone at (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or by mail at:

Department of Consumer Affairs
Consumer Information Division
1625 North Market Blvd., Suit N 112
Sacramento, CA 95834.

CONTACT US.

Reach us by mail at Bundle Select™, Inc., 1460 Glenwood Ave., San Jose, California 95125, by phone at (800) 307-2368 and by email at info@bundleselect.com.

GENERAL.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of California, as such laws are applied to contracts entered into and to be performed entirely within such State. Foreign laws do not apply. Except for disputes subject to binding arbitration as described above, any disputes relating to these Terms or the Services, Website, or Materials will be heard in the courts located in Santa Clara County, California. If any of these Terms of Use are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms of Use, we are not waiving our rights. These Terms of Use are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you, Bundle Select™, or anyone and everyone about the Services, Website, or Materials. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms of Use.