Terms Of Service
BeelineTM Terms of Service
Last updated: December 1, 2021
Welcome to Beeline!
“Beeline,” “we,” “us,” or “our” means Beeline Ventures LLC.
“You” or “your” means individuals who owe student loan payments (“Users”), or friends and family of a User (“Contributors”). Together, Users and Contributors are referred to herein as “you”, “your” or “Client”.
Beeline provides its services (described below) to you through its website located at www.beelineme.com (the “Site”) and through its mobile application and related services (collectively, such services, including any new features and applications, and the Site, the “Service”), subject to the following terms of service (as amended from time to time, these “Terms of Service”).
Service Description: The Service is designed to facilitate payments to a User’s student loan servicer(s) (each a “Servicer”). Such payments can be made by you. Along with facilitating the payments described above, the Service also provides the following: (a) visibility into various details of a User’s student loan, including balance and payment details; (b) referrals to refinance partners; (c) materials concerning financial literacy and student loan education tools; (d) additional, enhanced loan management functionality; and (e) other related services.
By using the Service, you are agreeing to these Terms of Service. Please read them carefully. The Service is very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Service, then those additional terms become part of your agreement with us if you use that Service. If there is any conflict between such additional terms and these Terms of Service, the additional terms will supplement or amend these Terms of Service, but only with respect to the matters governed by the additional terms. By accessing or using the Service, you intend and agree to be legally bound by these Terms of Service. You may wish to print or save a local copy of these Terms of Service for your records.
Please note that certain third parties provide their own, related services in connection with our Service. The Service may contain, and third parties may provide, links or other access to third-party sites and services. Beeline has no control over, and is not responsible for, any such third-party sites and services. Any links to third-party sites and services do not indicate Beeline’s endorsement of, or affiliation with, such sites and services. You further acknowledge and agree that Beeline will not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, your use of, or your reliance on, any third-party sites and services. Any such dealings are between you and the third party, and you agree that Beeline is not liable for any loss or claim that you may have against any such third party. Your use of any such third-party services are separately governed by the terms of service of such third party. For the purposes of clarity, if you were referred to our Service by a third party (“Referral Partner”), we similarly take no responsibility for liability for any services provided by any Referral Partner.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN THE INDEMNITY AND RELEASE, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY SECTIONS BELOW. THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION AGREEMENT THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS OF SERVICE WITH RESPECT TO THE SERVICE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BEELINE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Access and Use of the Service
To help the federal government fight the funding of terrorism and money laundering activities, we will obtain, verify, and record information that identifies each person who registers for the Service.
What this means for you: When you register and create an account with us, we will ask for your name, street address, date of birth, and other information that will allow us to identify you and verify any financial information provided by you. We may also ask to see a copy of your driver’s license or other documents at any time. Registrations are only deemed complete subject to our ability to verify the information provided by you from acceptable types of documentation. We may validate the information you provide to us in order that we can ensure we have a reasonable belief of your identity. In the event that we become aware of, or suspect any, fraudulent, abusive or illegal activity, we may, among other things described in these Terms of Service, take extra precautions and review other types of documentation in an effort to further determine your identity and verify the information you provided to us. You can only access your account and use the Service once your registration is deemed complete. Accordingly, if we are not able to verify your information to our satisfaction, you will be unable to use our Service. We reserve the right to not provide the Service to anyone in our sole discretion.
Don’t misuse the Service. For example, don’t interfere with the Service, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Service (in other words, no scraping). You may use our Service only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
In connection with your use of the Service, Beeline may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails or texting “Stop” or “Do Not Send” in response to text messages or disabling notifications in the Service settings. Please be aware that there may be a brief period before we are able to process your opt-out.
Merchant Program: We may make available a program through which Users may accrue rewards by making eligible purchases subject to featured promotions and offers (“Merchant Offers”) through participating retailers (“Retailers”) using links directly from featured merchants or by shopping at Retailers we identify to you (“Merchant Transactions”) (such program, the “Merchant Program”). For purposes of the Merchant Program and the Browser Extension (as defined below), “you” refers only to Users, and other Clients are not authorized to participate in the Merchant Program or use the Browser Extension. You can accrue rewards for Merchant Transactions (“Merchant Rewards”), which are issued by us subject to the terms of the Merchant Program, and not by the Retailer or any other third party.
From time to time, a Merchant Offer featured on our Site may be incorrect or outdated. We take reasonable care to ensure that the data provided on the Site is accurate and up to date. However, we give no warranty of the accuracy of any information on the Site and do not accept liability for any errors or omissions, and neither do we accept liability for any resulting damage or loss. Further, we take reasonable care and skill to ensure the correct functionality of the Site, however we give no warranty of the functionality and do not accept liability for any errors.
By default, your Merchant Rewards will reflect the Merchant Transactions you completed that are included with the information reported to us by the Retailer. These Merchant Rewards may vary depending on whether the reported Merchant Transaction information is inclusive of tax, delivery charges, or other fees. When we have traced that you have completed a Merchant Transaction, your Merchant Rewards will be pending until the Retailer confirms the Merchant Transaction, which may take 30-60 days or more from the date of the purchase. If the goods are returned or the sale reversed or amended by any means, then you will not derive Merchant Rewards from the transaction. If your account with us is terminated or disabled for any other reason, then your Merchant Rewards will be forfeited and any further transactions that might otherwise become Merchant Rewards will not be deemed to be applicable. We are not responsible if the Retailer fails to report your Merchant Transaction to us. Retailers have their own rules upon which they determine transactions to be genuine and by which we are able to trace Merchant Transactions. These rules may or may not be advertised by us or the Retailer and may be discretionary. Although we will use reasonable efforts to determine whether a Merchant Transaction has been completed with the Retailer, the decision of the Retailer or Retailer’s tracking agent is final. At any point, we reserve the right not to seek or pursue any Merchant Rewards claims you may have. For the avoidance of doubt and notwithstanding any other provision of these Terms of Service or any information provided on the Site, you agree that in all circumstances the provision of Merchant Rewards is at our sole discretion and we may cancel, change, suspend, modify any aspect of the Merchant Program or any Merchant Rewards for any reason and at any time, including the availability of any Merchant Reward.
You must link your account with your Servicer to your Beeline account in order to redeem Merchant Rewards. Merchant Rewards are only redeemable toward payments to your Servicer. We own and possess any and all Merchant Rewards until redeemed and distributed to your Servicer. We determine, in our sole discretion, the method, timing, and manner in which Merchant Rewards are redeemed with your Servicer. We will only redeem Merchant Rewards once $5 of redeemable value is obtained by the applicable User. Such minimum threshold amount is determined solely by us and is subject to change at any time. Merchant Rewards are not monetary value and you cannot redeem Merchant Rewards for cash. At no point are Merchant Rewards due or payable to you. We may receive referral fees or other funds from Retailers for Merchant Transactions; however, Merchant Rewards are offered solely by Beeline subject to our Merchant Rewards Program and not offered by or provided through any Retailer. You may not transfer, assign, or sell Merchant Rewards. The redemption of Merchant Rewards with your Servicer does not constitute the transfer, assignment or sale of Merchant Rewards.
Merchant Rewards that are not redeemed will expire five (5) years from the date of the Merchant Transaction.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and other account information that you use to access the Service, if any, and you are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Beeline of any unauthorized use of your password or account or any other breach of security at firstname.lastname@example.org, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Beeline will not be liable for any loss or damage arising from your failure to comply with your security obligations and this paragraph.
Modifications to Service: Beeline reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Beeline will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You can stop using the Service at any time, although we’ll be sorry to see you go. Beeline may also stop providing the Service to you, or add or create new limits to the Service, at any time.
General Practices Regarding Use and Storage: You acknowledge that Beeline may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Beeline’s servers on your behalf. You agree that Beeline has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Beeline reserves the right to terminate accounts that are inactive for an extended period of time or for any other reason. You further acknowledge that Beeline reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access User profiles and certain other features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
Text Messaging, Telephone Calls, and Emails: You agree that we may contact you by telephone or SMS/iMessage messages (including text messages) at any of the phone numbers provided by you, or on your behalf, in connection with your registration for the Service, which may cause you to incur SMS or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile or SMS/iMessage features (as applicable). You understand and agree that such communications may include marketing content and that such communications may result in charges to you. The manner in which these calls or SMS messages are made may include, but are not limited to, the use of prerecorded or artificial voice messages, or automatic telephone dialing systems. When you send SMS/iMessage messages using the Service, you represent and warrant you have the recipient’s prior consent to send him or her messages. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services, or as a condition to your use of the Service. You further agree that we may send e-mails to you at any e-mail address provided to us or use other electronic means of communication to the extent permitted by law. Your consent may be revoked at any time and by any reasonable means, including by SMS message, or by contacting our help center via at email@example.com.
Conditions of Use
User Conduct and Your Use of the Service: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (hereinafter, “Content”) that you upload, post, publish or display (hereinafter, “Upload”) or email or otherwise use via the Service. Beeline reserves the right to investigate and take appropriate legal action against anyone who, in Beeline’s sole discretion, violates this provision, including without limitation, removing the offending Content from the Service, suspending or terminating the account of such violators and reporting such violators to the law enforcement authorities. The following are examples of the kind of Content and/or use that is illegal or prohibited by Beeline. You agree to not use the Service to:
- email or otherwise Upload any Content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, malicious content, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Beeline, is otherwise objectionable or which might restrict or inhibit any other person from using or enjoying the Service, or which may expose Beeline or you to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- harass or bully other users of the Service;
- violate any applicable local, state, national or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- post personally identifying information about others;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or your other contact information from the Service by electronic or other means for any purpose, including for the purpose of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided through the Service; or
- solicit other people’s login information, credit card numbers, or other sensitive information.
You agree that you will not use the Service, or allow the Service to be used, for any purpose other than student loan payments to a User’s Servicer, along with any related charges owed to us. If at any time we discover or reasonably believe that you are using the Service to send payments to anyone that is on the Specially Designated Nationals and Blocked Persons List (the “List”) or that you are on such List, which is published from time to time by the Office of Foreign Assets Control (“OFAC”), you agree to cooperate fully with any subsequent investigation or request for information that may be required in connection with complying with OFAC requirements and all other applicable laws and regulations. You agree to defend, indemnify and hold us and our directors, officers, affiliates, agents, representatives, and employees harmless from all claims, losses, penalties and other liabilities relating to or arising out of any acts or omissions by you that give rise to an OFAC violation.
Beeline is committed to complying with all applicable OFAC requirements and fulfilling all applicable OFAC responsibilities concerning the administration and enforcement of economic and trade sanctions against targeted foreign states, organizations, and individuals. Beeline may take all necessary measures to ensure compliance with the OFAC.
Special Notice for International Use; Export Controls: Software (as defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. You expressly agree to comply with such restrictions and not to export or re-export any Software to countries or persons prohibited under the U.S. export control laws. By downloading or using any Software, you are expressly agreeing that you are not in a country where such export or use is prohibited or are a person or entity for which such export or use is prohibited. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content. We make no claims concerning whether Software may be downloaded, viewed, or be appropriate for use outside of the United States. You are solely responsible for your compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of any Software.
Commercial Use Not Permitted: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or Upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Automated Payments from Your Bank Account Overview. You can also use the Service to help you automate transfers from your checking account to a User’s Servicer with funds from your bank account. You can make a one-time payment, or you can sign up for automatic recurring payments or transfers.
We have an agreement with an unaffiliated third-party institution (“Student Debt Partner”) to provide this feature of the Service (this “Feature”). To use this Feature, you must link, successfully verify, and maintain a U.S. bank account from which your payments may be debited (“Funding Account”). A Funding Account may include only a checking account and you must also designate an account of a User’s Servicer to which funds may be sent (“Recipient”).
In order to use the payment functionality of Beeline’s Services, you must open an account with Payment Provider, and you must accept the Payment Provider Terms and Student Debt Partner Terms. Any funds held in the Payment Account are held by Payment Provider’s financial institution partners, in accordance with Payment Provider’s Terms. You authorize Beeline to share your identity and account data with Student Debt Partner and Payment Provider for the purposes of opening and supporting your Payment Account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Payment Account through Beeline, and Payment Account notifications will be sent by Beeline, not by Payment Provider, nor Student Debt Partner. We will provide customer support for your Payment Account activity and can be reached at firstname.lastname@example.org.
“Student Debt Partner”: shall mean Charitize, Inc. (“Rightfoot”).
“Payment Provider” shall mean Dwolla, Inc. or such other financial institution chosen by us or Student Debt Partner.
“Payment Account” means an account we create with Payment Provider for the purpose of facilitating your payments.
You may authorize Beeline and our Student Debt Partner to debit money from your Funding Account and send the corresponding funds to a Recipient by entering payment instructions on the Service authorizing (1) a one-time ACH transfer from your Funding Account to a designated Recipient, or (2) a recurring series of preauthorized ACH transfers to a designated Recipient based on “Rules” that you set within the Service.
When you authorize a payment, funds will be withdrawn from your Funding Account. Funds withdrawn from your Funding Account are held in a pooled account established by, in the name of, and held at, the Student Debt Partner. These funds are later transferred from the pooled account to your designated Recipient. It is important you understand that you do not have access to, or control over, the pooled account. The pooled account does not pay you interest. Funds held in the pooled account are not eligible for Federal Deposit Insurance Corporation insurance.
We may offer you the Service, including this Feature, through our Student Debt Partner and one or more service providers we engage to render some or all of the Service to you. You agree that we have the right under these Terms of Service to delegate to our Student Debt Partner and service providers some or all of the rights and performance obligations we have under these Terms of Service, and that our Student Debt Partner and service providers will be entitled to all the rights and protections that these Terms of Service provide to us. You authorize us to share any information you provide or that we obtain relating to this Feature with our Student Debt Partner or any other party we use to provide this Feature. We may change Student Debt Partners or other parties we use to provide the Service.
You agree to pay all amounts owed to us for the Service under any terms, policies or other written or electronic agreement we may have in place. We may require you to maintain valid credit card or other payment account information with us in order to receive the Service, and if so, you hereby authorize us to charge your credit card or other payment account for the Service. If a payment cannot be charged to your credit card or if a charge is canceled for any reason, or if you fail to maintain valid, up-to-date payment information or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms of Service. Any failure to maintain valid, up-to-date payment information with us or to keep your payments current will constitute a material breach of these terms, for which we may suspend or terminate your access to the Service immediately without notice. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
Authorization. When you initiate a payment using this Feature, you authorize us and our Student Debt Partner to debit your Funding Account for the amount of your request. You also authorize us and our Student Debt Partner to initiate payments to your designated Recipient. To the extent applicable, you also authorize us and our Student Debt Partner to debit any fees owed to us as a result of your use of the Service. Any applicable fees will be presented to you separately.
Limits. We may set a maximum dollar amount or frequency limitations on payments or other restrictions if we reasonably believe restrictions are necessary or advisable for security reasons or to prevent misuse, fraud, an illegal act, or for any other reason. You may not use our Service to transfer funds outside of the U.S. The financial institution that holds your Funding Account or Recipient’s account may impose dollar amount, frequency or velocity limitations on your ability to withdraw, transfer, or deposit funds. We are not liable for our inability to complete a transaction due to any such limitation.
Timing. To help ensure that there is enough time for funds to be delivered to the Recipient per your instructions, we may impose a “cutoff time” by which time you must authorize the payment.
Stopping Payments. Your authorization to transfer funds or make a payment will remain in effect unless you timely notify us that you wish to revoke your authorization. Once you have authorized a transaction, we cannot guarantee that you may cancel the transaction, that we can reverse the transaction, or that we can provide you a refund, except as required by law. If you wish to revoke your authorization for a preauthorized, recurring transfer, you must notify us at least three (3) Business Days (as defined below) in advance of the scheduled transaction by contacting us at email@example.com or by cancelling the transaction within the Service. Our “Business Days” are Monday through Friday. Holidays are not included.
Questions, Errors, Lost Credentials. ALL QUESTIONS ABOUT TRANSACTIONS MADE THROUGH THIS FEATURE CAN BE DIRECTED TO US, IN ADDITION TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR FUNDING ACCOUNT. We are responsible for this Feature and for resolving any errors we caused.
You acknowledge and agree that if your payment instructions identify an account by name and account number, those payment instructions may be executed by reference to the account number only, even if the account number does not correspond to the account name. You further acknowledge and agree that financial institutions holding the account may choose to not investigate discrepancies between account names and account numbers and that we have no responsibility to investigate discrepancies between account names and account numbers.
We will not send you a periodic statement listing transactions that you make through this Feature. The transactions will appear on the Funding Account statement issued by your bank or other financial institution. WE URGE YOU TO SAVE ANY RECEIPTS OR INFORMATION WE MAKE AVAILABLE TO YOU WHEN YOU USE THIS FEATURE AND CHECK THEM AND YOUR BEELINE ACCOUNT HISTORY IN THE SERVICE AGAINST THE FUNDING ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, contact us at firstname.lastname@example.org. IF YOUR CREDENTIALS TO ACCESS THIS FEATURE ARE LOST OR STOLEN, NOTIFY US AT ONCE by writing to us at email@example.com.
As long as you inform us within four (4) Business Days after you learn of the loss or theft of your credentials, you can lose no more than $50 if someone used your credentials without your permission. If you do NOT inform us within four (4) Business Days after you learn of the loss or theft of your credentials, and we can prove we could have stopped someone from using your credentials without your permission if you had informed us, you could lose as much as $500.
Unauthorized Transactions. You must notify us immediately if you suspect or believe that a transaction has occurred through this Feature that you did not authorize or if you believe an incorrect amount was authorized. You may contact us at firstname.lastname@example.org. If your Funding Account statement provided by your financial institution shows payments you did not make, inform us at once. If you do not inform us within 60 days after the statement or history was transmitted or made available to you, you may not be entitled to the return of money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had informed us in time. If a good reason (such as an extended medical incapacity) kept you from informing us, we will extend the time period. If you initially provide information to us by telephone, we may require that you send your complaint or question in writing within 10 Business Days. You will be asked and are required to provide us with the following information: your name; the email address registered for this Feature; a description (including dollar amount) of the transfer you are unsure about; an explanation of why you believe it is an error or why you need more information; a reference/transaction ID; an explanation why you believe there was an unauthorized transaction or error; and any other information we reasonably request. We will use our reasonable best efforts to determine whether an error occurred within 10 Business Days after you inform us and we will use our reasonable best efforts to correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide that we require more time to investigate your claim, we will credit your account within 10 Business Days for the amount you have informed us is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we provisionally credit your account and we determine that no error occurred, we may reverse the credit. If we ask you to submit your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
For errors involving new accounts, we may take up to 60 days to investigate your complaint or question. For new accounts, we may take up to 20 Business Days to credit your account for the amount you think is in error.
We will use our reasonable best efforts to inform you of the results within three (3) Business Days after completing our investigation. If we decide that there was no error, we will send you an explanation. You may ask for copies of the documents that we used in our investigation.
Incomplete Transfers. Except to the extent required by applicable law, we will not be liable for any losses, such as penalty interest, late fees, overdraft fees, and other damages resulting from our failure to complete a transfer. We may not complete a transfer, for instance:
- if you do not have enough money in your Funding Account;
- if the payment is rejected or returned by the Recipient or financial institution holding the Recipient’s account;
- if you have provided incorrect information;
- if the Funding Account is closed or the funds otherwise cannot be accessed by us;
- if we provided notice that this Feature is unavailable;
- due to circumstances beyond our control (for example, fire, flood, interference from an outside source or any failure by your computer, software, or Internet connection); or
- based on other exceptions stated in these Terms of Service.
If we cannot complete a transfer, you agree that we may reverse any credit we advanced to your Recipient on your behalf, and you agree to indemnify us against any claims arising out of such reversals. If we are unable to reverse an advance made on your behalf, you agree that we may seek repayment from you, as permitted by law, for example by re-initiating a debit from your Funding Account, or offsetting the advance by debiting another account you linked to our your Beeline account.
Receipt of Communications and Notices. As discussed above, you agree that we may provide communications and notices to you by electronic means, for example, by posting it on our website, sending you an in-app message, sending you a text message, or via email. We may also contact you by mail at any postal address that you have provided us. All Notices (as defined below) by any of these methods will be deemed received by you no later than the earlier of when received, or 24 hours after sent or posted, except for notice by postal mail, which will be deemed received by you no later than the earlier of when received, or three (3) Business Days after it is mailed.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws (the “Service Content”). Except as expressly authorized by Beeline, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own Provided Content (as defined below) that you legally upload to the Service. You may not remove or alter any proprietary notices or marks on the Service or any portion thereof. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Beeline, our affiliates and our partners (the “Software”). You may be required to download Software (such as a mobile or desktop app) to use the Service or certain features of the Service, and the Service may enable you to access software running on our (or our vendors’) servers. You agree that we retain the ownership of all rights, title, and interest in and to the Software. Certain Software may update automatically on your device once a new version or feature is available, and you consent to such automatic updating. Beeline gives you a personal, non-commercial worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by us, in the manner permitted by these Terms of Service. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software, unless laws prohibit those restrictions or you have our written permission. Any rights not expressly granted herein are reserved by Beeline.
The Beeline, Beeline Ventures, and other names, logos and taglines are trademarks and service marks of Beeline Ventures LLC (collectively the “Beeline Trademarks”). Other Beeline product and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Beeline. You may not use Beeline Trademarks, except as permitted in these Terms of Service, by its owner, or as otherwise permitted by law. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Beeline Trademarks displayed on the Service, without our prior written permission in each instance. Using the Service does not give you ownership of any intellectual property rights in the Service or the Content you access through them. These Terms of Service do not grant you the right to use any branding or logos used in the Service, including the Beeline name and logo. All goodwill generated from the use of Beeline Trademarks will inure to our exclusive benefit. Don’t remove, obscure, or alter any legal notices displayed in or along with the Service.
Third-Party Material: The Service displays some Content and materials that are not our own. For example, Content belonging to our advertisers, other third parties, you, or other users of the Service (collectively, “Third-Party Material”). Under no circumstances will Beeline be liable in any way for any Third-Party Material of any users or third parties, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You waive all of our liability with respect to Third-Party Material. Third-Party Material is the sole responsibility of the individual or entity that makes it available to you via the Service. You acknowledge that Beeline does not pre-screen content provided by you or third parties, but that Beeline and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Beeline and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Beeline, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Provided Content Transmitted Through the Service: With respect to the Content you upload through the Service or share with others (collectively, “Provided Content”), you represent and warrant that you own all right, title and interest in and to such Provided Content, including, without limitation, all copyrights and rights of publicity contained therein, or that you otherwise have the right to grant the license set forth in this paragraph. You also acknowledge and agree that any Provided Content you Upload on the Service, including, without limitation, any personal information, can be made available to any Client of the Service, and we are not responsible for how others may use it. Such Provided Content is provided by you on a non-confidential basis. We may publicly display your profile information, posts, and actions you take on the Service or on third-party applications connected to your account (such as reviews you write and comments you post) in the Service, including displaying in ads and other commercial content. You may request that we delete any of Your Content that you submit to the Service by sending us an email at email@example.com. To the extent within our control, we’ll remove Your Content from public display and mark it for future deletion if permitted by applicable law; however, it may persist in backup or residual copies for a reasonable period of time (but will not be available to other users through the Service). For purposes of clarification, once you submit or share Your Content with others via the Service (e.g., other users or third parties), we no longer have control over those portions of Your Content and will not be able to delete it or prevent them from using it.
You are solely responsible for Provided Content and you retain all rights in Provided Content not expressly granted in these Terms of Service. By uploading any Provided Content you hereby grant and will grant Beeline, its affiliates, licensors and agents and its and their officers, employees, directors and agents (the “Beeline Parties”) a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to host, reproduce, copy, display, upload, perform, distribute, store, modify and otherwise use your Provided Content in connection with the operation of the Service or the promotion, advertising or marketing thereof in any form, medium or technology now known or later developed. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Service, and to develop new ones. This license continues even if you stop using the Service. Make sure you have the necessary rights to grant us this license for any content that you submit to the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Beeline are non-confidential and Beeline will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Beeline may preserve Provided Content and may also disclose Content, including but not limited to Provided Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Beeline, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Beeline is not a debt relief services company, broker-dealer, registered investment adviser, or insurance agent. Information provided by Beeline does not constitute legal, tax, or investment advice, and should not be considered as an endorsement or offer to sell any financial product. You understand that various factors in the economic market and your financial situation are subject to change and that private refinancing removes certain repayment options. Any changes in such factors may affect our advice.
You agree that your session may be recorded for the purpose of customer research and product design. You grant Beeline permission to use these recordings within the company, and waive your right to review or inspect the recordings prior to their dissemination and distribution. You understand that all sensitive information shared during or prior to the session will be anonymized or redacted for security and privacy.
Copyright Complaints: Beeline respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Beeline of your infringement claim in accordance with the procedure set forth below.
Beeline will process and investigate Notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Beeline’s copyright agent (“Copyright Agent”) at support@Beelineme.com (Subject line: “DMCA Takedown Request”).
You may also contact us by mail at: Beeline Ventures LLC, Attn. Legal Dept., 387 W Lancaster Ave, #264, Haverford, PA 19041
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
Counter-Notice: If you believe that your Provided Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Provided Content, you may send a written counter-notice containing the following information to the Copyright Agent at the address listed above:
- your physical or electronic signature;
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- a statement, made under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Beeline will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 Business Days. Unless the copyright owner files an action seeking a court order against the content provider or Client, the removed content may be replaced, or access to it restored, in 10 to 14 Business Days or more after receipt of the counter-notice, at our sole discretion.
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at support@Beelineme.com. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Beeline or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Beeline has adopted a policy of terminating, in appropriate circumstances and at Beeline’s sole discretion, Clients who are deemed to be repeat infringers. Beeline may also at its sole discretion limit access to the Service and/or terminate the accounts of any Client who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Social Networking Services
By using the Service, you agree that we may communicate with you electronically via email or otherwise, regarding issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at firstname.lastname@example.org.
Indemnity and Release
You agree to release, indemnify and hold Beeline and all its constituents (the “Indemnitees”) harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use or misuse of the Service, any Provided Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another; provided, that, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law . If you are a resident of New Jersey, this section is intended to be only as broad and inclusive as is permitted under New Jersey law. If any portion of this section is held to be invalid under New Jersey law, the invalidity of such portion shall not affect the validity of the remaining portions of this paragraph. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, BEELINE EXPRESSLY DISCLAIMS ALL WARRANTIES. BEELINE HAS NO RESPONSIBILITY OR LIABILITY ARISING FROM YOUR FINANCIAL DECISIONS OR OUTCOMES. BEELINE HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCTS OR SERVICES OF ANY THIRD PARTIES IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, SERVICERS, EMPLOYERS, REFERRAL PARTNERS, SUPPLIERS, RETAILERS, STUDENT DEBT PARTNERS, OR RECIPIENTS.
BEELINE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS OR NEEDS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL CODE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.
BEELINE DOES NOT EMPLOY, RECOMMEND OR ENDORSE ANY CLIENT, REFERRAL PARTNER OR EMPLOYER, NOR IS IT RESPONSIBLE FOR THE CONDUCT OF ANY CLIENT, REFERRAL PARTNER OR EMPLOYER.
FOR PARTIES USING THE EMPLOYEE BENEFIT, BEELINE PROVIDES THE SERVICE ONLY TO SUPPLY INFORMATION AND TOOLS TO ASSIST THE CONNECTION BETWEEN USERS AND EMPLOYERS SO EACH OF THEM CAN MORE EASILY MAKE THEIR OWN INFORMED DECISIONS. BEELINE IS NOT AN EMPLOYMENT AGENCY OR LOAN PROVIDER. WHILE EMPLOYERS ON OUR SITE HAVE EXPRESSED AN INTEREST IN ASSISTING USERS IN PAYING OFF STUDENT DEBT AS PART OF THEIR COMPENSATION PACKAGE, BEELINE MAKES NO GUARANTEES REGARDING ANY SUCH BENEFITS AND THE TERMS OF ANY SUCH COMPENSATION PACKAGE ARE SOLELY TO BE NEGOTIATED BETWEEN THE USERS AND EMPLOYERS. BEELINE IS NOT LIABLE FOR ANY DAMAGES OR LOSSES INCURRED RELATED TO THE PROVISION, OR FAILURE TO PROVIDE OR OTHERWISE PAY FOR, ANY STUDENT DEBT REPAYMENT AGREEMENTS BETWEEN OR AMONG EMPLOYERS AND USERS.
BEELINE IS UNDER NO OBLIGATION TO BECOME INVOLVED IN DISPUTES BETWEEN ANY EMPLOYERS AND USERS, OR BETWEEN ANY CUSTOMERS AND REFERRAL PARTNERS, OR BETWEEN ANY USER AND CONTRIBUTORS, OR BETWEEN ANY CLIENT AND ANY THIRD PARTY, OR BETWEEN ANY CLIENT AND SERVICERS ARISING IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES, BUT IS NOT LIMITED TO, DELIVERY OF GOODS AND SERVICES, AND ANY OTHER TERMS, CONDITIONS, WARRANTIES, OR REPRESENTATIONS ASSOCIATED WITH STUDENT DEBT REPAYMENT AND EMPLOYMENT AGREEMENTS OFFERED BY OR AMONG ANY EMPLOYERS OR USERS. BEELINE DOES NOT OVERSEE THE PERFORMANCE, QUALITY OR SUBSTANCE OF ANY SUCH AGREEMENTS. BEELINE DOES NOT ENDORSE ANY SUBMISSIONS BY USERS, CONTRIBUTORS, CUSTOMERS OR EMPLOYERS. YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES,CLAIMS, OBLIGATIONS, SUITS, ACTIONS, EXPENSES DAMAGES, AND DEMANDS OF EVERY KIND (COLLECTIVELY, “LIABILITIES”), THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE BEELINE PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, REVENUES, FINANCIAL LOSSES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE BEELINE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM ANY AND ALL CLAIMS UNDER THESE TERMS OF SERVICE OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE BEELINE PARTIES AND THEIR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OF SERVICE OR RELATING TO YOUR USE OF THE SERVICE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID BEELINE TO USE THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO SUCH CLAIMS (OR, IF BEELINE CHOOSES, TO SUPPLY YOU THE SERVICE AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SERVICE, THE BEELINE PARTIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF BEELINE’S REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN PARTICULAR, IF YOU ARE A RESIDENT OF NEW JERSEY, THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Third Party Terms:
You agree that in addition to these Terms of Service, your use of our mobile app is subject to the usage rules set forth in Apple’s App Store terms of service, if you download our app from the App Store, or in Google’s Play terms of service, if you download the app from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download our mobile app or otherwise access the Service.
Without limiting the generality of the foregoing, if you downloaded our mobile app from Apple, you and Beeline acknowledge and agree to the following: This agreement is concluded between you and Beeline only, and not with Apple Inc. (“Apple”). The mobile app downloaded from Apple may only be used on Apple hardware products. Beeline, not Apple, is solely responsible for the app and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Beeline’s sole responsibility. Beeline, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession and/or 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. In the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and upon your acceptance of the terms and conditions of the agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the agreement against you as a third-party beneficiary thereof.
Dispute Resolution By Binding Arbitration:
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate: This Section entitled “Dispute Resolution By Binding Arbitration” is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all Disputes (as defined below)) or claims that have arisen or may arise between you and Beeline, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court in the area where you access the Service, if the claim is not aggregated with the claim of any other person and if your claims qualify. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Arbitration Agreement shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms of Service, this Arbitration Agreement does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Beeline are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Definitions: The term “Dispute” means any claim or controversy related to the Service or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms of Service or any prior agreement; (3) claims that arise after the expiration or termination of these Terms of Service; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “Beeline” means Beeline and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Service or the Software.
Prohibition of Class and Representative Actions and Non-Individualized Relief: YOU AND BEELINE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BEELINE 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, OR CLASS 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).
Pre-Arbitration Dispute Resolution: Beeline is always interested in resolving Disputes amicably and efficiently, and most Client concerns can be resolved quickly and to the Client’s satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Beeline should be sent to Beeline Ventures, Attn. Beeline Legal Dept, 387 W Lancaster Ave, #264, Haverford, PA 19041 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Beeline and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Beeline may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Beeline or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Beeline is entitled.
Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer Disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Beeline and you agree otherwise, any arbitration hearings will take place in Philadelphia, Pennsylvania. If your claim is for $10,000 or less, Beeline agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $25,000 or less, at your request, Beeline will pay all Arbitration Fees. If the value of relief sought is more than $25,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Beeline will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Beeline will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Severability: Without limiting the severability provision below in these Terms of Service, if a court or the arbitrator decides that any term or provision of this Arbitration Agreement other than the Prohibition of Class and Representative Actions and Non-Individualized Relief section above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the Prohibition of Class and Representative Actions and Non-Individualized Relief section is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement: Notwithstanding any provision in these Terms of Service to the contrary, Beeline agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Beeline written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this Arbitration Agreement.
Continuation: This Arbitration Agreement will survive the termination or expiration of these Terms of Service.
You agree that Beeline, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service for lack of use or if Beeline believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or for any other reason. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Beeline may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Beeline may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Beeline will not be liable to you or any third party for any termination of your access to the Service.
You may terminate your account at any time and for any reason by notifying us via email at firstname.lastname@example.org. Termination of your account will be effective within a commercially reasonable time after we receive notification from you.
You understand that your Provided Content may remain on the Service at Beeline’s discretion following the termination of your account unless you expressly request the removal of such Provided Content by contacting us at email@example.com. You understand that such content may remain on publicly viewable areas of the Service if other Clients have posted or reposted it, and that your Provided Content may remain on our servers or in our records after it is no longer viewable by Clients.
You agree that you are solely responsible for your interactions with any Client in connection with the Service and Beeline will have no liability or responsibility with respect thereto. Beeline reserves the right, but has no obligation, to become involved in any way with Disputes between or among Clients.
U.S. Government Restricted Rights
The Service and Software are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to the restrictions contained in 48 CFR 52.227-19 and 48 CFR 252.227-7013 et seq. or its successor. Use of the Service or Software by the Government constitutes acknowledgement of our proprietary rights in the Service and Software.
These Terms of Service constitute the entire agreement between you and Beeline and govern your use of the Service, superseding any prior agreements between you and Beeline with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Beeline agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Philadelphia, Pennsylvania. The failure of Beeline to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign or delegate your rights or obligations relating to these Terms of Service or your account for the Service without the prior written consent of Beeline, but Beeline may assign or transfer these Terms of Service, or delegate any of our rights or obligations at any time, in whole or in part, without restriction. The paragraph titles in these Terms of Service are for convenience only and have no legal or contractual effect.
These Terms of Service control the relationship between Beeline and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms of Service, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
Business/Employer Uses of the Service
If you are using the Service on behalf of a business or employer, you are accepting these Terms of Service on their behalf, and that business or employer agrees to be bound by these Terms of Service.
Notices and Changes to Terms of Service
Notices to you may be made via either email or regular mail. The Service may also provide Notices to you of changes to these Terms of Service or other matters by displaying Notices or links to Notices generally on the Service.
We reserve the right, in our sole discretion, to change or modify portions of these Terms of Service at any time. You should periodically visit this page to review the current Terms of Service, so you are aware of any revisions to which you are bound. If we make any revisions, we will post them on this page and will indicate at the “Last Updated” date at the beginning of these Terms of Service the date they were last revised. We will also notify you of any material changes, through a pop-up notice, email notification or through other reasonable means. Any such changes will become effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service.
For information about how to contact Beeline, please visit Beeline’s contact page at beelineme.com/contact.
If you submit feedback or suggestions about the Service, you agree that we may use your feedback or suggestions without obligation to you.
Complaints About Our Service
If you have a complaint about our Service, please contact us via email at firstname.lastname@example.org