JURISDICTION

If You are residing in a jurisdiction that restricts the ability to enter into agreements such as set out in these Terms of Use, You may not enter into this Agreement or use this Site.

Furthermore, if You are residing in a jurisdiction where it is forbidden by law to participate in the activities or services offered by this Site, You may not enter into this Agreement or use this Site.  By using this Site, You are explicitly stating that You have verified in Your own jurisdiction if Your use of this Site is allowed.

We make no representation that materials in this Site are appropriate or available for use in all locations.  If You choose to access the Site You do so on Your own initiative and at Your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site, materials, or other products described or offered thereon to any person, geographic area, or jurisdiction We so desire, at any time and in Our sole discretion, and to limit the quantities of any such services, materials, or other product provided.

GENERAL CONDITIONS AND DISCLAIMERS

We reserve the right to refuse service to anyone at any time.  

WireBee shall have no liability for interruptions or omissions in Internet, network or hosting services and does not warrant that the Site or the services which make this Site available or electronic communications sent by WireBee are free from viruses or any other harmful elements.  

Any material downloaded or otherwise obtained through the use of this Site is done at Your own discretion and risk.  You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such material.

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice.

We undertake no obligation to update, amend or clarify information in the Site or on any related website except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.

PRIVACY

WireBee is committed to respecting the privacy of the personal information of the individuals with whom We interact.  We have developed a Privacy Policy to describe Our privacy practices and how We collect, use and disclose the personal information of those individuals who visit this Site.  Please see our Privacy Policy for further information.

TRANSACTIONS THROUGH DWOLLA; USER ACCOUNTS AND ACCURACY OF INFORMATION

Verified Customer Record/Customer Record Language

In order to use the payment functionality available on this Site, you must open a “Dwolla Account” provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy.  Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla’s financial institution partners.   You authorize Us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data.  You understand that you will access and manage your Dwolla Account through the WireBee Site, and Dwolla account notifications will be sent by WireBee, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.wirebee.com, support@wirebee.com and/or 888-894-7323 .  

Receive Only Language

If you register to create an account to receive payments via our application, you expressly authorize WireBee, LLC’s service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You must be at least 13 years old and obtain parental permission if under 18 to receive funds. You authorize us to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.

In addition to the foregoing, you may be required to open and maintain an account with Us (an “Account”).  During the registration process, We will collect personal information that You provide. All of the information You provide to Us or that We collect from You in connection with Your use of the Site will be governed by this Agreement and our Privacy Policy]. You agree at all times to: (i) provide accurate, current and complete information about Yourself as prompted by Our registration form or otherwise; and (ii) maintain and update Your information (including Your e-mail address) to keep it accurate, current and complete. You acknowledge that, if any information provided by You is untrue, inaccurate, not current or incomplete, We may terminate Your Account and Your ability to use this Site and, in our sole discretion, to report You to the appropriate authorities.

You understand and agree that, in addition to the foregoing restrictions, We reserve the right to change, remove, alter or delete any Account at any time and for any reason in our sole discretion. You must specify at least one administrator to manage your Account (“Administrator”) when submitting your Application. Administrators can add, remove, or manage additional Administrators and users (“Users”); request and manage Cards for Users; view transactions and run reports; provide or update company information; connect third-party services, and other accounts to Your Account; and perform other tasks to manage Your Account. You are responsible for any actions or failure to act on the part of Administrators or Users, or those using their credentials to access Your Account. You are solely responsible for the activity that occurs on Your Account, and You must keep your Account password secure. We encourage You to use "strong" passwords (for recommendations on what constitutes a strong password, check the National Institute of Standards and Technology (NIST)) with Your Account. You will be responsible for the confidentiality and use of Your username and password and agree not to transfer Your right to use or access this Site via Your username or password to any third person.  You are responsible for all activities that are conducted through Your Account. You agree to notify us immediately of any unauthorized use, theft or misappropriation of Your Account, username, or password.  We shall not be liable for any loss that You incur as a result of someone else using Your username or password, either with or without Your knowledge.

Information submitted by You will be transmitted to and shared with Our banking providers and other third-party service providers that may be located in other countries, in order to provide Services to You, including but not limited to transaction processing and fraud prevention.

USER CONTRIBUTIONS

The Site may allow You to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by WireBee in providing you Services. You alone are responsible for Your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your User Content, including anyone’s reliance on its accuracy and Your right to publish it. You represent that You own, or have the necessary permissions to use and authorize the use of Your User Content as described herein. You may not imply that Your User Content is in any way sponsored or endorsed by WireBee.

You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that You will not use Your Account or any Site to publish or disseminate, or allow any other person to use Your Account to publish, republish, or disseminate, any Offensive User Content, nor use profanity in any posting to any Site.

You may also expose Yourself to liability to WireBee or third parties if, for example, You hold an Account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If You comment about an experience with WireBee or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), You could also expose Yourself to liability.

We may use Your User Content in a number of different ways, including publicly displaying and reformatting it. As such, You hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity. You also irrevocably grant the users of the Site the right to access Your User Content in connection with their use of the Site. Finally, You irrevocably waive, and cause to be waived, against WireBee and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” We mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.

We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to You. By submitting User Content to WireBee through its suggestion or feedback webpages, via email, or otherwise, You acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) WireBee may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide You with copies of user Content, nor do We guarantee any confidentiality with respect to Your User Content.

You understand that User Content and account information may be transferred unencrypted and involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.  Credit card information is always encrypted during transfer over networks.

PERSONAL USE ONLY

This Site is only for personal or internal business use.  You may not use this Site in any way that is unlawful, or harms WireBee or any other person or entity, as determined in Our sole discretion.

PAYMENTS TO CARRIERS

Carrier Payments

If enabled for Your Account, You may initiate payments from your Account to carrier payees (“Carriers”) according to the Payment Instructions You provide to Us.  “Payment Instructions” are the dates, amounts, Vendor information, and other information you give us in order to initiate the payment from your Account to the Vendor.  “Vendor Information” is any identifying information related to the Vendor, including to the Vendor’s name and address, email address, bank routing and account numbers that you provide Us in order to identify the Vendor for the purpose of transmitting payment to them.  You are responsible for verifying the accuracy of all Payment Information provided to us, and you hereby authorize us to follow any Payment Instructions or approvals provided by sub-users, whether or not the Payment Instructions are authorized by You.

Fund Ownership

Payments to Carriers are originated and managed by our payment service provider and their financial institution. In accordance with the Payment Instructions, our payment service provider’s financial institution debits payments to Carriers (other than fees) from your financial account and pays those amounts directly to the Carrier. For the avoidance of doubt, these payments do not pass into WireBee’s legal ownership or control at any time from payment initiation to successful delivery, including any subsequent refunds.

By initiating a payment, you authorize our payment service provider or its financial institution partner to debit your selected payment method, receive, and transmit your payment through master bank accounts at our payment service provider that are held in our payment service provider’s name owned and controlled by our payment service provider or its financial institution The account title or ledger also show that these accounts are held by the financial institution for the benefit of customers and end users of our payment service provider. You grant WireBee the right to instruct our payment service provider on the use of funds in the accounts, including to receive funds from you and to then send funds to your Carrier based on your instructions. Your funds may be pooled with the funds of other users while they are temporarily held in this account.

Initiating Payments.

To initiate a payment, you must designate a Carrier and a schedule for processing and delivering the payment, and  you will be required to provide information for your Carriers. For each Carrier, you agree to provide correct and current information as requested by WireBee. By providing, entering, connecting, or uploading any Carrier Information to the Site, you represent and warrant that you have obtained all necessary authorizations or consents from the Carrier to share such information. You represent and warrant that the Carrier agrees, or you have the authority to agree on behalf of the Carrier, to be subject to and comply with these Terms of Use and all applicable laws, rules and regulations. You are solely responsible and WireBee is not responsible for verifying the accuracy of any Carrier Information provided in connection with your Account or use of the Site. WireBee will have no liability for losses or damages resulting from the accuracy or inaccuracy of such Carrier Information, including bank account information, or your or your Carrier’s actions or inactions. You acknowledge and agree that you are solely responsible for selecting and paying the correct Carrier. WireBee will have no liability or responsibility if you select or pay an incorrect Carrier.

Payment Schedule and Delivery

Authorization for Transfers and Liability. You authorize our payment service provider or its financial institution partner to initiate ACH debit entries from your financial institution account in accordance with your Payment Instructions, and as necessary, to initiate adjustments or reversals as provided in these Terms of Use, or applicable laws, rules, or regulations. You acknowledge that we are entitled to rely on your Payment Instructions. We, our payment service provider, or their financial institution will not be liable or responsible for verifying that any Payment Instruction, including the amount and any Carrier information, is correct.  Neither we nor our payment service providers will have any liability relating to or obligation to be involved, in any dispute between you and your Carrier regarding any payment made through the Site, including disputes related to the timeliness of the payment, the account to which the payment was sent, the products or services provided in connection with the payment, or any overpayment or underpayment.

Timetable for Delivery.  Payment transactions made through the Site require sufficient time for our payment service provider’s financial institution to debit your financial account and for your Carrier to receive payment. When making a payment through the Site, you must select an available date on which WireBee will process the ACH debit from your financial account to fund the payment (“Process Date”). If your Process Date does not fall on a business day, we may initiate the payment on the next business day. You agree that you are solely responsible for scheduling payments and selecting an appropriate Process Date for each payment transaction. You understand that the selection of a future Process Date may not be available for all products and services.  When provided by WireBee, estimated payment dates are for convenience only, and WireBee does not guarantee that a payment to a Carrier will be made within any specific time frame of the Process Date, and WireBee disclaims any responsibility or liability if a payment scheduled through the Site is not made to a Carrier on or before any specific date. It is your sole responsibility to ensure that payment to a Carrier is made as required by agreement, contract or law. Except as otherwise agreed or required by law, you will be solely responsible and WireBee will not be responsible for all penalties, interest charges, and other late payment fees associated with payments that are delivered after their due date.

Modifying, Cancelling, and Voiding Payments.  Payments that are scheduled but have not yet begun to be processed may be canceled and, if a change is needed, reissued, through your financial account, provided that you provide us with sufficient advance notice and we have a reasonable opportunity to cancel your payment before it is initiated. We may require you to request cancelation or changes to your scheduled payment at least 3 business days before the scheduled Process Date. Once our payment service provider or its financial institution has begun to process a payment, the payment cannot be canceled, and you must request to void the payment.  To stop a payment after WireBee has begun to process it, you must request to void the payment (“Void Payment Request”) through the Site. If you submit a Void Payment Request, WireBee will use commercially reasonable efforts to stop the payment, but you understand and agree that WireBee may not be able to stop the payment. WireBee's ability to stop a payment depends on a number of factors, including to the payment method and whether the payment has cleared the Carrier’s account. You agree that WireBee will not have any liability for failing to stop a payment that has begun to process. A Void Payment Request may be subject to a fee. You agree to indemnify, defend, and hold us harmless from any claims, losses and liabilities in connection with of our attempt to stop a payment after it is initiated.  WireBee reserves the right to expire, void or cancel any payment if the payment is not deposited or otherwise received and processed by a Carrier within a reasonable amount of time, as determined by WireBee in our sole discretion. If we expire, void or cancel any payment, you authorize and our payment service provider’s financial institution will credit the amount of the payment to your financial account, less any fees or other amounts owed by you to WireBee.

Sufficient Funds.  If your financial account is not in good standing or does not have sufficient available funds on the Process Date, our payment service provider’s financial institution may elect not to initiate one or more of the transfers until they are rescheduled, your financial account is in good standing, and enough funds are available to cover the total payments for each Process Date. If our payment service provider’s financial institution does elect to initiate the transfer, which may involve one or more attempts on subsequent business days, it may cause an overdraft in your financial account, in which case you shall be fully responsible for the overdraft and any overdraft fees  as well as all late fees, interest charges or other action taken by the Carrier or your financial institution. When using the Site, you understand and agree that it may take more than 60 days for us to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under these Terms of Use.

Right to Hold and Reject Payment

We or our payment service providers  reserve the right to elect to not initiate a payment for any reason in our sole discretion. For example, if a payment is missing required information or if we have found other errors that prevent us from processing a payment, we or our payment service provider may, without any liability to you, reject the payment less the cost of applicable fees. We and our payment service provider are not required to confirm or authenticate a payment you make in connection with the Site. It is your responsibility to keep all information and credentials, including access thereto, in connection with the Site and Your Account secure, and we may treat any transaction made using your access credentials as authorized by you. We and our payment service provider have no duty to you to monitor or verify any payment you make in connection with the Site.

In addition, in its sole discretion, WireBee may place a hold on a payment you initiate for as long as required to conduct an appropriate inquiry regarding you, the Carrier, a bill, payment history and other relevant circumstances and factors. Depending on the results of this review, the WireBee may process, reverse or cancel a payment you initiate, or hold the related funds pending instructions from a government agency. At any time, a payment you initiate may be reversed or canceled by WireBee in its sole discretion and without prior notice to you.

Returned Items

We will try to notify you of a returned payment however we are not required to do so. You can request to cancel the payment or re-initiate it. If you do not provide direction, we will cancel the payment. We are not liable for any returned or reissued payment.

Your Warranties

You represent and warrant: (i) You have the authority to provide and disclose the Carrier Information to Us; (ii) You have the authority to and do authorize the initiation of ACH debit, as applicable, to the financial account in accordance with any Payment Instructions provided in connection with your financial account or use of the Site, and, as necessary, the initiation of adjustments or reversals as provided under this Agreement, or applicable law, rules, or regulations; (iii) You will provide complete and accurate information to WireBee about your financial account, including information on the ownership of your financial account, and will notify us promptly if your financial account information or ownership changes; and (iv) each payment that you request through the Site complies with this Agreement and applicable law, regulations and rules.

Independent Third Party

WireBee is an independent, third-party service that is not affiliated with your Carriers. You acknowledge and agree that your use of the Site does not in any way constitute a tri-party agreement between you, WireBee, and your Carriers.

Accordingly, neither WireBee nor our payment service provider has responsibility nor will have liability for any consequences resulting from your interactions or contracts with Carriers, including payment terms, the proper and timely delivery of goods or services, and any associated disputes which may arise. You further acknowledge that your use of the Site does not alter or affect any Carrier payment terms including but not limited to deadlines, payment plans, late fees, and refunds. Neither WireBee nor our payment service provider endorse, recommend, or bear any responsibility or liability for any products, services or statements presented by Carriers.

Carrier statements and opinions are not representative of WireBee or its business partners.

CODE OF CONDUCT

You agree that You will not attempt to, nor permit any third party to, enter restricted areas of WireBee's computer systems or perform functions that You are not authorized to perform pursuant to this Agreement.  While using this Site You agree to comply with all applicable laws, rules and regulations (including, but not limited to, export/import laws and laws relating to privacy, obscenity, copyright, trademark, confidential information, trade secret, libel, slander or defamation).  You shall not interfere with or disrupt the Site, Our servers, or Our networks, or take any action that imposes unreasonably or disproportionately large load on Our infrastructure.

COPYRIGHT INFRINGEMENT

If You know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to Our designated agent identified below.  According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), Your notice must comply with the following requirements:

• A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a notification, a representative list of such works at that site;
• 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;
• Information reasonably sufficient to permit us to contact You, such as address, telephone number, and, if available, an electronic mail address at which You may be contacted;
• A statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owners, its agent or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury, that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The designated agent for notice of copyright infringement claims may be reached as follows:

info@wirebee.com  

The preceding information is provided exclusively for notifying WireBee that Your copyrighted material may have been infringed.  All other inquiries, such as product related questions and requests or concerns regarding improper postings and/or content, will not receive a response through this process.

AVAILABILITY

While We endeavor to keep downtime to a minimum, We cannot promise that this Site will be uninterrupted, secure or error-free.  We reserve the right to interrupt/suspend this Site, or any part thereof, with or without prior notice for any reason and You shall not be entitled to any refunds of fees for interruption of this Site.

CURRENCY OF WEBSITE

WireBee updates the information on this Site periodically. However, WireBee cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Site. WireBee may revise, supplement or delete information, services and/or the resources contained in this Site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

LINKED WEBSITES

This Site may provide links to third party websites for your convenience only, and that are not owned or controlled by WireBee.  The inclusion of these links does not imply that WireBee monitors or endorses these websites or their respective practices. WireBee does not accept any responsibility for such websites. WireBee shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources.  This Agreement and our Privacy Policy do not apply to Your use of any third-party websites, so be sure to review any applicable terms and policies of third-party websites.

INTERNET SOFTWARE OR COMPUTER VIRUSES

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Site.  Due to the ability to share certain content and materials, computer viruses or other destructive programs may also be inadvertently downloaded from this Site.

WireBee shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact Your use of Your computer equipment or other property on account of Your access to, use of, or browsing on this Site or Your downloading of any user materials or other content from this Site. WireBee recommends that You install appropriate anti-virus or other protective software.

OUR MATERIALS

This Site is owned and operated by WireBee in conjunction with others pursuant to contractual arrangements.

Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of WireBee and its licensors.  ALL RIGHTS RESERVED.    

WireBee may make certain content, software or other electronic materials (including all files, text, URLs, video, audio and images contained in or generated by such materials, and accompanying data) (collectively "WireBee Materials") available to You from this Site, from time to time. If You download or use WireBee Materials, You agree that such materials are licensed for Your limited personal use only and not sold or assigned and: (i) may only be used for Your personal and non-commercial use, (ii) may not be modified, used to create a derivative work, incorporated into any other work or otherwise exploited without WireBee's prior written permission, and (iii) shall be only be used in compliance with any additional license terms accompanying such materials.  WireBee does not transfer either the title or the intellectual property rights to the WireBee Materials and retains full and complete title to the WireBee Materials as well as all intellectual property rights therein. You agree not to sell, share, redistribute, or reproduce the WireBee Materials. You further agree not to decompile, reverse-engineer, disassemble, or otherwise convert any compiled WireBee Materials into a human-perceivable form. WireBee or its licensors own all related trademarks and logos, and You agree not to copy or use them in any manner.

All rights not expressly granted herein are reserved by WireBee.  Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

This Site, (including its organization and presentation and WireBee Materials) is the property of WireBee and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names and other similar rights.

ADDITIONAL NOTICES AND DISCLOSURES

Right to Make Modifications

We reserve the right to make modifications to this Agreement at any time and for any reason. We may assess Fees for some Services, including periodic fees, usage fees, late or failed payment fees, service fees, fees for misuse of your WireBee Account or Services, fees applicable to certain transactions, or other fees we disclose to you.  In the event that a change to this Agreement will result in an increase of fees, an increase of liability to our users, fewer types of electronic funds transfers or stricter limitations not he frequency or dollar amount of transfers, you will be notified via email 30 days before the effective date.

Right to Cancel or Suspend Transactions

WireBee reserves the right to cancel or suspend user transactions due to fraud or compliance related concerns.

Credit Reporting

We may report Company payment history and performance to one or more credit reporting agencies.

DISCLAIMER OF WARRANTIES

THIS SITE, THE SERVICES WIREBEE PROVIDES, AND THE WIREBEE MATERIALS ARE PROVIDED "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WIREBEE DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE SERVICES, OR THE WIREBEE MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE.  SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE-TO-STATE.

LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE WIREBEE MATERIALS INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL WIREBEE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE WIREBEE MATERIALS OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to, upon request, defend, indemnify and hold harmless WireBee and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, Our Banking Providers, and Our third-party service providers, from any and all liabilities, claims, losses and expenses, including attorneys' fees, which arise directly or indirectly from, or relate to: (1) any breach of this Agreement for which You are responsible; (2) Your use of this Site or Services, including any data or content transmitted or received by You; (3) Your violation, infringement, or misappropriation of the intellectual property, proprietary or other rights of any third party; (4) Your violation of any applicable law, rule, or regulation; (5) Your intentional misconduct; or (6) any other party’s access and use of the Services with Your Unique username, password, or other appropriate security code. WireBee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You shall not in any event settle any such matter without the prior written consent of WireBee.  This indemnification section will survive any termination or expiration of this Agreement.

CONTACTING WIREBEE

If You need to contact Us regarding this Site, Our Application, or this Agreement, please e-mail Us at support@wirebee.com. You can also contact Us via telephone at 888-894-7323.

Bank services are provided through our banking software provider, Synapse. To report a complaint relating to the bank services, email help@Synapsefi.com

DOWNLOADING THE APP

We make the App available through the Google Play Store or Apple App Store. The following terms apply to the App when accessed through or downloaded from the Apple App Store where the App may now or in the future be made available. You acknowledge and agree that:

1. This Agreement is between You and WireBee, and not with Apple, and WireBee (not Apple) is solely responsible for the App. Apple has no obligation to furnish any maintenance and support services with respect to the App.

2. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the App to You (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of WireBee.

3. Apple is not responsible for addressing any claims You have or any claims of any third party relating to the App or Your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

4. In the event of any third-party claim that the App or Your possession and use of that App infringes that third party’s intellectual property rights, WireBee will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

5. Apple and its affiliates are third-party beneficiaries of this Agreement as related to Your license to the Apps, and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to Your license of the App against You as a third-party beneficiary thereof.

6. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; (ii) You are not listed on any U.S. Government list of prohibited or restricted parties; (iii) You are not an individual, or associated with an entity, designated under the UK’s Terrorist Asset-Freezing etc. Act 2010 (TAFA 2010); and (iv) You are not otherwise subject to or affected in any way by any national security or terrorism related rules whether applicable to you personally or to your location or other circumstances.

7. You must also comply with all applicable third-party terms of service when using the App.

MISCELLANEOUS

This Agreement is governed by and construed in accordance with the laws of the State of Ohio and the United States, without regards to their respective principles of conflicts of law.  You agree to the exclusive personal jurisdiction by the federal and state courts located in Cuyahoga County in the State of Ohio, United States of America, in any matter arising from or related to this Agreement and Your use of the Site and You waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

This Agreement sets out the entire agreement between You and WireBee relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between You and WireBee. This Agreement is not assignable, transferable or sub-licensable by You except with WireBee’s prior written consent.  This Agreement provides only for the use of this Site. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.