Beam Terms of Use Agreement

These policies govern the terms and use of the Beam Financial Inc. Platform (“Platform”). All users who access our Platform become users pursuant to Beam Financial Inc’s (referred to as “Beam”, “us”, “our”, or “we”) Privacy Policy and Terms of Use and thereby signify their acceptance of said policies and terms.

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 is not responsible for the privacy, security, or information policies of third party links from or on the Beam site. Clicking on said links may take the user to other sites or display information from third parties. Beam is not responsible for the content, privacy policies, terms of use, or any other factor of such third parties. It assumes neither liability nor responsibility for their actions, information, or communication. Such products, services, or content are provided without endorsement or warranty of any kind. User accepts sole responsibility for accessing such links.

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.

All information provided to Beam must be true, accurate, current, and complete to the best of the user’s and customer’s ability and knowledge. It is the customer’s responsibility to maintain up to date physical and electronic contact information and financial and bank records and to ensure that information conveyed to Beam is current, accurate, completed, and updated in a timely manner. In providing us your electronic contact information, you agree to receive all required notices electronically, to that email address. In turn, we will provide you with online security as described in our Privacy Policy. Those assurances are conditioned upon you providing us with the correct contact and account information and never misrepresenting to us your identity or account information.

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.

Any attempt to tamper with the Platform and/or disable or circumvent its security features; modify, adapt, translate, decompile or reverse engineer any portion of the Platform; use any robot, spider, scraper, deep link, site search/retrieval application or other automated device, extraction tools, programs or algorithms, process or means to access, retrieve or index any portion of the Platform; add or use ActiveX, Java, Javascript, cookies, web beacons or other tracking technologies on the Platform; post or transmit any file which contains viruses, worms, defects, Trojan horses or other items of a destructive or contaminating nature; conduct unauthorized access to Beam or Beam user or customer data; manipulate the Beam offerings; upload or transmit false information or information that infringes on intellectual property rights; remove any copyright, trademark or other proprietary rights notices contained in or on the Platform; upload or transmit unsolicited or unauthorized advertising or solicitation or harmful, deceptive, harassing, defamatory, abusive, threatening, obscene, libelous, unlawful content as determined in Beam’s sole discretion; make false statements; create user accounts by automated means or under false or fraudulent pretenses; collect personal data on Beam users; or violate any Terms of Use or other provisions is subject to prosecution and/or legal remedies and other actions Beam may in its sole discretion elect to take. Beam will comply with government, law enforcement, or regulatory requests to the full extent of the law.

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 yourfriends@meetbeam.com. 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 yourfriends@meetbeam.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.

You consent to the recording of any electronic or written correspondence and any or all telephone conversations between you and us in connection with these Terms of Use or the services and agree and understand that recordings may be submitted in evidence in any legal proceeding relating to your client agreement or these Terms of Use.

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 (yourfriends@meetbeam.com). 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.

Like most online platforms, ours requires cookies to function properly. Cookies are small text files that reside on a user's computer and identify you as a unique user. We use cookies to refine our services and simplify the user experience, and it allows us to personalize your experience on the Platform. For these reasons we tie personally identifiable information such as your email address to our cookies. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature; however, you should note that cookies might be necessary to provide you certain features available on the Platform.

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.

If any provision of these Terms of Use is held to be invalid or not enforceable the remaining provisions will continue to be in full force and effect. Beam’s failure to enforce a right or provision for any period will not be deemed to signify a waiver of such right or provision.

Section numbers in this Terms of Use are for convenience of reference only, and shall not govern the interpretation of any provision of this Terms of Use. The Platform content, including but not limited to these Terms of Use are subject to change without notice.

These Terms of Use, including the separate Privacy Policy and any other documents referred to herein, represents the entire understanding between both you and us regarding the Services and the subject matter hereof and supersedes any prior statements or representations. In the event of a conflict between the terms of these Terms of Use and the terms of an exhibit, amendment, schedule, addendum or disclosure, the terms of the exhibit, amendment, schedule, addendum or disclosure shall prevail but, solely as to the subject matter herein.

If you have questions regarding these Terms of Use or to report any violations of these Terms of Service, please contact us at yourfriends@meetbeam.com

These terms were last updated on July 6, 2017.

Produced in San Francisco with by Beam © 2017.