The use of Beam’s services, products, and Platform is governed by the laws of the United States of America and the applicable laws of the State of California without regard to conflict of law principles and any legal action will be brought in the courts located in San Francisco, California. However, in every case and to the full extent possible under applicable law, Beam and its users and customers elect to resolve disputes and claims through arbitration or in the courts rather than before a jury.
Beam reserves the right to choose who it will do business with and provide products and services to without limitation. Beam may choose, without prior notice or explanation, to refrain from doing business with or limit access to its products and services. User and customers may not assign this or any other agreement or account without prior written consent from Beam and such unauthorized attempt to assign will be null and void.
Beam reserves the right, at any time and without notice and explanation, to suspend or terminate a customer’s account including when information is provided to Beam that is untrue, inaccurate, not current or incomplete or Beam has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.
Beam has no obligation to monitor or ability to control the information users publicly place on our Platform. We do not endorse any opinion, recommendation, and information that expressed in this fashion. By accessing the Platform, users waive any rights or remedies against Beam in relation to such data.
Beam conducts much of its business online. Users and customers consent to transact any and all business that Beam so chooses online and electronically including but not limited to receiving electronic and email notices and disclosures; making and receiving payments and other disbursements through bank transfers, ACH transfers and/or any other online or electronic form; receiving tax statements and documentation; and any other information Beam in its sole discretion so chooses to convey. Such consent remains in place for the duration of any and all interaction and relationship with Beam. Users and customers also consent to receive calls, messages, and/or text messages from Beam or its affiliates or any other agents calling on our behalf on any phone number that is provided or may be provided at any point. Any costs associated with such calls or messages are the sole responsibility of the user.
All telephone, electronic, or other communication between Beam and its users and customers is subject to monitoring, recording, review, and archiving. The careful dissemination of customer data is the customer’s responsibility – passwords and confidential data should be not shared by email. Any unauthorized access to the Beam platform or to personal information including account passwords must be immediately reported.
Users and customers by their use of the Beam platform validate that they will not use Beam as part of any scheme to violate federal, state, or other laws and regulations including those around financial transactions.
Beam retains full, irrevocable, royalty-free, worldwide, sub-licensable, and perpetual intellectual property rights around any user generated content uploaded, shared, transmitted, or otherwise disseminated on the Beam site or through other communications channels. Beam can store, use, reproduce, modify, and adapt such content and will retain full rights to any derivative works or compilations of such content. Users warrant by their actions that they have the necessary rights to grant such licenses to Beam. Beam can further delete such content at any time and for any reason.
Beam is the owner and/or authorized user of all text, images, data representations, animation, music, sounds, and any and all other materials on the Platform. Users may not copy, reproduced, republish, disseminate, exploit, distribute, or otherwise incorporate any material found on the Beam platform or in the company’s communications. Said materials are protected by U.S. and international copyright and treaty provisions without limitation as copyrights, trademarks, service marks, logos, and other intellectual property.
No access to the Platform is authorized or permitted by persons under 18 years of age. We do not knowingly solicit information from any child under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without his or her consent, he or she should contact us at firstname.lastname@example.org. Should a child whom we know to be under 18 send personal information to us, we will delete it as soon as possible.
By accessing the Platform, users confirm that they are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. Beam reserves the right to further assess the suitability of the Platform and its products and services at its own discretion.
Should you wish to end your relationship with Beam after you have liquidated your deposit, your client agreement will continue to apply until terminated by either you or us as set out below. If want to terminate your client agreement with us, you may do so by closing your account for our Services. Please email us at email@example.com to close your account. Beam will remove your accounts, transactions and login information from our records, but will continue to retain such information as required by law.
We reserve the right to terminate our client agreement with you (by providing an email notice of such termination): (i) if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); (ii) if we believe we are required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful); (iii) if we no longer offer any of the services you utilize; (iv) if you no longer agree to the terms and conditions of this Agreement; or (v) for any other reason or no reason, in our sole and absolute discretion. The termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Beam’s office is in San Francisco, however all customer information and records are retained in secured storage in a cloud based platform which is located in a geographically separate area from our offices. We intend for account access to be available through these records should our offices suffer a disruption. Under normal conditions, you can contact us by email at our offices (firstname.lastname@example.org). If, after a significant disruption, you cannot contact us by this standard method, please check our Platform at www.meetbeam.com to find alternate or temporary contact information and updated information on what we are doing to quickly recover and resume business.
Our plan also provides for immediate contact of our third party service providers deemed critical to ongoing operations, and therefore the service providers will be apprised on our current situation and immediate continuity plans. If you are unable to contact us by any of the above means, you should contact the appropriate service provider regarding your account with us. Finally, our business continuity plan will be reviewed, updated and tested periodically.
Beam, its employees, officers, directors, representatives, agents, and any party involved in the creation, management, monitoring, and dissemination of products, services, or information on the Platform cannot be held liable in any way for damages arising out of the use of the Platform included but not limited to viruses, unauthorized access, errors, service interruption or delay, loss or damages from nonperformance by Beam or its products or services, inaccurate content, typographic or data errors, or theft. Content, information, products, and services are provided as is without warranties of any kind from Beam. Beam expressly disclaims all warranties of any kind either express or implied or statutory including but not limited to the availability, performance, security, reliability, accuracy, quality, usefulness, or completeness of information, content, products, and services provided on or through the Beam platform or in any other oral or written form. All products, services, information, and content are provided without express or implied warranty.
All information, content, and data on the Users and customers agree to indemnify and defend Beam, its employees, officers, directors, agents, and affiliated and to hold them harmless and release them from any and all claims, expenses, losses, damages, and liabilities including without limitation attorney fees arising out of or connected to use or access of Beam’s Platform, products, or services.
Errors or Questions about Transactions
Please contact us by emailing us at email@example.com (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include:
(1) Your name and email associated with your account, and your account number (if available);
(2) A description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and
(3) The dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
Ten-Day Time Period - Beam will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Beam shall report the results to the consumer in writing within three business days after completing its investigation. Beam shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period - If Beam is unable to complete its investigation within 10 business days, Beam may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Beam does the following:
(1) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Beam need not provisionally credit the consumer's account if: Beam does not receive written confirmation within 10 business days of an oral notice of error; or The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
(2)Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
(3) Corrects the error, if any, within one business day after determining that an error occurred; and
(4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
(3) Extension of time periods. The time periods described above may be extended as follows:
Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
These terms were last updated on July 6, 2017.