Terms and Conditions

Through this website (www.bimnetworks.com) or mobile application, including any third-party or white-

labeled applications, Buy It Mobility Networks Inc., (“BIM”, “we” or “us”), provides access to software

and services (collectively, the “Service”) that allow Customers (defined below) to use BIM as a method of

payment (“Payment”) at enrolled businesses (each a “Merchant”, collectively “Merchants”), and receive

coupons, marketing messages, or other incentive-based items that may be used toward goods and services

offered by participating Merchant (“Promotion”) at physical and/or online points of sale. The Service may

also include other information and interactivity, such as information and advertising from Merchants or

other companies, and the ability to post comments and participate in discussions. In this Terms of Service,

“Customer”, “user” or “you” means any person using the Service, whether by browsing the BIM website,

mobile application or participating in any other activities available through the Service.

This agreement (“Agreement”) sets forth the terms and conditions that apply to the use of this website and/

or mobile application on which BIM provides the Service to Customers, as well as all third-party or white-
labeled applications. READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR APPLICATION

(OTHER THAN TO READ THIS AGREEMENT FOR THE FIRST TIME), BY INDICATING ACCEPTANCE OF THIS

AGREEMENT, BY USING THE BIM PAYMENT, OR OTHERWISE USING THE SERVICES, OR BY DOWNLOADING

THE BIM APPLICATION, YOU ARE ENTERING INTO THIS AGREEMENT WITH BIM AND AGREE TO COMPLY

WITH ALL OF THE TERMS OF SERVICE HEREOF. THIS IS A LEGALLY BINDING AGREEMENT. If you do not

agree to these terms and conditions, you may not use the Service or this website, use the BIM Payment, or

download or use the BIM application. Void where prohibited.

1. Acceptance Of Terms

By enrolling in and using this Service, you agree to be bound by the terms and conditions of this Agreement

and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement.

You agree that you are intending to form a legally binding contract between yourself and Buy It Mobility

Networks Inc. Any rights not expressly granted herein are reserved by Buy It Mobility Networks Inc.

2. Description of the Service

Upon completion of the Enrollment Application (“Application”) and acceptance by BIM, you will become

eligible to use the Services offered by BIM. Your BIM account is not a bank account. BIM is not a bank, and

does not offer banking or money service business (“MSB”) services as those terms are defined by the United

States Department of Treasury.

3. Enrollment Requirements

In order to use the BIM Payment or engage in any of the other BIM Services, you must create and register

an account with us. If you register as a Customer or otherwise use the Service, you represent and warrant

to BIM that: (i) you are 18 or older; (ii) you have provided a valid and functional email address which is

owned and operated by you; (iii) your registration and use of the Service is not prohibited by law; and

(iv) you have provided true, accurate, current and complete information about yourself as prompted by

the Enrollment Application (“Application”)(such information being the “Enrollment Data”) and maintain

and promptly update the Enrollment Data to keep it true, accurate, current and complete. If you provide

any information that is untrue, inaccurate, not current or incomplete, or if BIM has reasonable grounds to

suspect that such data is untrue, inaccurate, not current or incomplete, BIM has the right to suspend or

terminate your registration, or your access to the Service and refuse any and all current or future use of

the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this

Agreement, you agree to comply with all applicable federal, state and local laws, rules and regulations. You

will maintain the security of your account, take responsibility for all activities that occur using your account,

and accept all risks of unauthorized access resulting from your acts or omissions. You shall not share your

phone, password, PIN or any of your credentials used for BIM Services nor use the Service through using

the registration of any third party. Your registration, and this Agreement, is personal to you, and is not

transferrable by you to any third party without the prior written consent of BIM.

You further represent that you will create and/or use only one Account, and are thereby entitled to the

benefits of only one BIM membership when using the BIM Payment or Service(s). Any creation of additional

Account(s) shall be considered a violation of this Agreement. Any violations may result in fees and penalties

as deemed appropriate by BIM to rectify such resulting fraudulent use, as well as immediate termination

of your BIM account(s). In addition to any monies required to remedy fraudulent use, you agree to a $100

penalty for each investigation by BIM that results in a confirmation of such violation of this Agreement. By

registering for BIM, you hereby agree to all fees and penalties that may be applied to your Account in the

event BIM deems your use of the BIM Payment as a violation of this Agreement, or in any way against the

intended purpose or interest of the Services. In the event such violations cannot be rectified by fees and

penalties (as determined by BIM), or in the event you attempt to register additional Account(s) once your

Account has been terminated or suspended, BIM shall be entitled to collect treble damages associated with

each violation. You agree to these liquidated damages and shall not contest such figure in any proceeding.

You understand and agree that BIM may so choose to employ a collection agency or other business in an

effort to collect any outstanding debts or fees associated with your account, and you will not contest the use

of a third party to collect the fees owed to BIM.

You agree that you will be responsible for any legal, court, or collection agency fees associated with

rectifying your account and all monies owed thereunder. You agree that BIM, or any agency or business

employed by BIM, has the right to contact you via telephone, email or in-person using the information you

provided upon registration or during any contact with BIM, in an effort to collect any monies and fees owed

under your account, whether specifically referenced in this Section or not, and such contact may be made in

a manual or automated fashion.

4. Enrollee Authorizations

By agreeing to this Agreement, you are authorizing BIM, its Merchants, authorized vendors, and designees,

to initiate Electronic Funds Transfers (“EFT”) debit and credit entries to your account at the depository

institution designated in the Application and to debit or credit such account. You understand that EFT

transactions may take several days to POST to your bank account. When you conduct this type of

transaction, you are responsible for ensuring that the funds are available at the time the transaction is

conducted and processed (posts) to your account. You acknowledge that the origination of EFT transactions

to your account must comply with the provisions of U.S. law. In addition, you are authorizing BIM,

Merchants, authorized vendors, and designees to verify your identity. You also authorize BIM and its

authorized vendors and designees to provide transaction history information to Merchants. The authorization

to complete such transactions will remain in effect until you terminate this Agreement by contacting

Customer Service by email: service@bimnetworks.com or by telephone at 1-646-926-4265. You may also

write to us at:

Buy It Mobility Networks

Attn: Customer Service

116 West 23rd Street, Suite 500

New York, NY 10011

If you enroll in our Service, you represent and warrant that you have authority to make withdrawals from

and otherwise authorize debits and credits to your checking account designated in the Application. In the

event that your bank does not allow electronic transactions, you authorize us or our authorized vendor(s) or

designee(s) to convert the electronic transaction data to a paper draft for presentment to your bank. In the

event that your bank denies the electronic transaction and returns electronic payment to us, you authorize

us or our authorized vendor(s) to re-present the original electronic transaction amount. If any Payment is

returned for any reason (including NSF, Account Closed/Frozen, stop payment, etc.), you agree to pay BIM

or its designee the amount of any check of EFT which is returned EFTs may be electronically presented (and

in the event of a returned EFT re-presented) to your bank for collection by BIM or its designee and will be

debited by EFT from the your account, without further notice, which procedures you authorize. You also

agree to pay BIM or its Designee a service charge for each EFT returned for any reason, equal to an amount

up to the maximum fee under applicable state law or, if there is no maximum established by applicable state

law, $30, which amount the you agree is a reasonable minimum service charge. You also authorize the

automatic debiting of such service charges by EFT from your account.

This fee is separate from any fees that your bank may impose for such returns. We recommend that you

have Overdraft Protection on the account used for your Payment transactions. We may share data with third

parties to verify your identity and the validity of the data presented during enrollment.

By accepting this Agreement, you are authorizing us or our authorized vendor(s) to access information from

third parties for the purpose of verifying your identity and to prevent fraud and to authenticate information

used to subscribe to the Service in accordance with our Privacy Policy.

5. Our Privacy Policy

This Agreement and your submission of data through enrollment, and use of the Service are governed by

our Privacy Policy (the terms of which are incorporated herein). Please review the Privacy Policy to learn

more about how we hold or may use your personal information. We urge you to read this policy now and

revisit it later at your convenience, because the policy is updated from time to time. To the extent there is a

conflict between the terms of the Privacy Policy and these Terms, these Terms govern.

6. License to Use the Service

Subject to your payment of any applicable fees, BIM authorizes you to access, view and use the Site

Content and Software (collectively, the “BIM Property”) solely to the extent necessary for you to use the

Service. You may not remove any copyright, trademark or other proprietary notices that have been placed

on the BIM Property. Except as expressly permitted by this Agreement, any modification, reproduction,

redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any

way the BIM Property, or any portion of the BIM Property, is strictly prohibited without the prior written

permission of BIM.

You agree, and represent and warrant, that your use of the Service and the BIM Property, or any portion

thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor

violate the rights of any other party or breach any contract or legal duty to any other parties. In addition,

you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service,

the BIM Property or your use of them, and that in using the Service you will not engage in any conduct that

restricts or inhibits any other person from using or enjoying the Service.

You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use

to access the Service, and for paying for such equipment and any telecommunications charges. We are not

liable for any loss or damage you suffer arising from damage to equipment used in connection with use of

the Service.

7. Proprietary Rights

The Service and the BIM website and mobile application are the property of BIM. Without limitation of

the foregoing, all the text, images, sound, music, marks, logos, compilations (meaning the collection,

arrangement and assembly of information) and other content on this website or mobile application

(collectively, the “Site Content”), and all software embodied in the BIM website or mobile application or

otherwise used by BIM to deliver the Service (“Software”), is proprietary to us or to third parties (which

shall be presented upon request) and are protected by copyright and other intellectual property laws. Except

as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative

works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse

engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to

criminal or civil penalties for violation of this paragraph.

The mark “BIM” and the BIM logo are trademarks of BIM, and they may not be used in connection with any

service or products other than those provided by BIM, in any manner that is likely to cause confusion among

customers, or in any manner that disparages or discredits BIM. The Service also features the trademarks,

service marks, and logos of Merchants and other third parties, and each owner retains all rights in such

marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their

respective owners.

8. Service

(a) Through the Service, BIM can be used as a method of payment for goods or services offered by

Merchants, and/or for access to coupons, discount program(s), and/or or marketing communications. You

must have registered with us in order to engage the BIM Payment and/or Promotion. When you engage in

the BIM Payment or Promotion, you are bound by this Agreement and any other program-specific Terms.

(b) Any coupon or discount program is specific to the issuer and/or Merchant, and (unless otherwise

noted therein) any corresponding Promotions (defined hereinafter) may not be used for goods and services

from any other issuer and/or Merchant. The issuer is solely responsible for all aspects of the coupons and/or

discount program, honoring the coupons and/or discount program’s rewards and/or incentives (individually

or collectively “Promotions”), any liabilities, injuries, losses or damages you may suffer in connection with

the use of the coupons or discount program, and any unclaimed property liability arising from unredeemed

Promotions, or any portion thereof. You acknowledge that BIM is not responsible for redeeming Promotions,

or for any matter relating to the coupons or discount program or the Service in general.

(c) The Service is subject to the following conditions:

i. Any fraudulent use of the BIM Payment or Promotion in violation of this Agreement or any other

applicable terms renders the payment void. The BIM Payment and Promotion are void to the extent

prohibited by law.

ii. Unless expressly allowed by the Merchant, Promotions cannot be combined with any other offers,

certificates or promotions.

iii. Promotions may only be applied to goods or services sold by the Merchant, and may not be applied

to delivery, processing or handling fees. If the Merchant is a restaurant, the Promotion may not be

applied to gratuities, tax, or (unless expressly permitted by the Restaurant) alcoholic beverages.

iv. Other than as provided below, the Promotion is only available only until the expiration date specified

within the Service, or within the Promotion itself (the “Promotion Expiration Date”), or until issuer

and/or Merchant cancels the Promotion. However, some laws may require that Promotions have

certain validity periods or require that Promotions not expire. If those laws apply, BIM will honor

your legal entitlement to, as applicable, a credit for goods or services from the Merchant beyond

the Promotion Expiration Date. If such laws apply, you should contact BIM and request a credit or

refund by emailing us at service@bimnetworks.com.

v. If the Merchant is a restaurant and permits use of Promotions for alcoholic beverages, some state

laws may limit the redemption of Promotions for alcoholic beverages. The Promotions are valid only

to the extent redemption is permitted by law. In addition, you acknowledge that BIM and Merchants

may offer some Promotions only to customers in certain age brackets, and you will not use any

Promotion if you are not a member of the appropriate age bracket. The issuer and/or Merchant is

responsible for compliance with applicable laws with respect to the BIM Payment and issuance and

redemption of the Promotion.

9. Third Party Websites

The BIM website or mobile application may contain links to third-party websites. The linked sites are not

under our control, and we are not responsible for the contents of any linked site. We provide these links as a

convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site

by BIM. You should make whatever investigation you feel necessary or appropriate before proceeding with

any transaction with any of these third parties.

10. Ideas Submitted to BIM

BIM is pleased to hear from you and welcomes your comments about the Service. If you submit ideas

or suggestions for the Service, the comments will be deemed, and will remain, the sole property of BIM.

None of the comments will be subject to any obligation of confidence on the part of BIM, and BIM will not

be liable for any use or disclosure of any comments. Without limiting the foregoing, BIM will be entitled

to unrestricted use and other exploitation of the comments for any purpose whatsoever, commercial or

otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor

of the comments.

11. Our Liability for Failure to Complete Transactions

If we do not complete a transfer from your account in the correct amount according with our agreement

with you, we will be liable for your losses or damages. However, there are some exceptions. To the extent

allowed by law, we, and the Merchants, will not be liable for consequential damages (including lost profits),

extraordinary damages, special or punitive damages. We, and the Merchants, will not be liable, for instance:

(a) If, through no fault of ours, you do not have enough money in your account to make the transfer;

(b) If a merchant refuses to accept your card;

(c) If an electronic terminal or website where you are making a transaction does not operate properly,

and you knew about the problem when you initiated the transaction;

(d) If access to your account has been blocked after you reported your phone lost or stolen;

(e) If there is a hold or the funds in your account are subject to legal process or other encumbrance

restricting their use;

(f) If we have reason to believe the requested transaction is unauthorized;

(g) If circumstances beyond our control (such as fire, flood or computer or communication failure)

prevent the completion of the transaction, despite reasonable precautions that we have taken.

Except for any other remedy described herein, your sole and exclusive remedy, and BIM’s sole and exclusive

liability, for any breach of this Agreement or for any other cause of action shall be (at BIM’s option) to

remedy the failure or to give a credit to the Customer of the amount owed.

12. Warranty Limitation

BIM does not warrant that the Service or BIM Property will operate error-free or without downtime. BIM

may pause or interrupt the Service at any time, and users should expect periodic downtime for updates

to the Service. Because we do not control the security of the Internet, or other networks you use, BIM is

not responsible for the security of information that you choose to communicate with BIM while it is being

transmitted. Additionally, BIM is not responsible for any data lost during transmission.

BIM EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING:

(i) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,

NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE

OF TRADE; (ii) THAT THE SERVICES, INCENTIVES AND BIM PROPERTY WILL MEET YOUR REQUIREMENTS,

WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT

ERROR, (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER

EXPLOITATION OF THE SERVICES OR BIM PROPERTY, AND (iv) AS TO THE ACCURACY OR RELIABILITY OF

ANY INFORMATION OBTAINED FROM THE SERVICES OR THE BIM PROPERTY. WE ARE NOT RESPONSIBLE

FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU

PURCHASE THROUGH THE USE OF THIS SERVICE. No advice or information, whether oral or written,

obtained by you from BIM or through the Service will create any warranty not expressly stated herein.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM BIM OR ANY MERCHANT OR

ANY OF OUR VENDORS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES

(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED

ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR

RELATING TO THE SERVICES, BIM PROPERTY, ANY INCENTIVES ANY GOODS AND SERVICES PURCHASED,

EVEN IF BIM OR SUCH MERCHANT HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY

OF SUCH DAMAGES.

BIM’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH

THE BIM PAYMENT OR ANY DISCOUNT PROGRAM, WHETHER ARISING IN CONTRACT, TORT (INCLUDING

NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE AMOUNT OF THE TRANSACTION IN

QUESTION PLUS $100.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY

FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT

APPLY TO YOU

13. Your Liability for Unauthorized Transfers

You must notify BIM immediately if you believe your phone has been lost or stolen, or if you believe your

password, PIN, or any of your credentials used for BIM Services has been lost, stolen or compromised.

Telephoning is the best way of keeping your possible losses down. You could lose all the money in your

account (plus your maximum overdraft line of credit).

Also, if your statement provided by the financial institution holding your account shows transfers made with

your BIM Payment account or through the use of your User ID or PIN that you did not make, tell us at once.

In the event that the state in which you established your BIM account provides for limitations on liability for

fraudulent use, such limitation shall apply in place of these provisions.

(a) Contact in event of unauthorized transfer: If you believe your phone, password, PIN or any

of your credentials used for BIM Services have been lost, stolen, or compromised call: 1-

646-926-4265 or write:

Buy It Mobility Networks

Attn: Customer Service

116 West 23rd Street, Suite 500

New York, NY 10011

(b) Business days: For purposes of these disclosures, our business days are (Monday through

Friday). US holidays are not included.

(c) Transaction types and limitations:

1. Account access. You may use BIM Payments to pay for purchases at places that have

2. Limitations on dollar amounts of Payments — For security reasons, limits may be placed

agreed to accept BIM Payments.

on the dollar amounts of individual transactions allowed on your BIM Payment account

and/or on the cumulative dollar amounts of all transactions on a rolling 7-day basis

allowed on your BIM Payment account.

Reimbursement, where applicable, shall be your sole and exclusive right and remedy for any

Damages (as defined hereinafter) incurred by you arising out of, in connection with, or relating

to any fraudulent use or suspected fraudulent use, and any payment of any fraud reimbursement

amount will be conditioned on your signing an agreement in a form acceptable to us releasing

us from any further claims with respect thereto. You agree not to knowingly flag false fraudulent

claims, or knowingly report any false claims of fraudulent use. In the event that you flag or

report claims of fraudulent use that are inaccurate, deceptive or in any way fabricated, Company

reserves the right to cancel your account immediately, and seek Damages.

14 Release of Claims; Indemnity

You acknowledge that BIM provides the Service for the Merchant with whom the BIM Payment, and the BIM

Promotion(s) are to be used, and that the Merchant, and not BIM, is responsible for the BIM Payment, and

the redemption of the Promotions and the quality of the goods and services supplied. You hereby release

BIM from any and all claims and liability related to any goods or services of any Merchant, any act or

omission of any Merchant, and any act or omission of any other user of the Service.

You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code:

“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.”

You expressly and voluntarily waive each and all claims, rights, or benefits it has or may have, whether such

claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil

Code, or any other similar law of any other jurisdiction, to the full extent that it may lawfully waive such

claims, rights and benefits in connection with this release.

You agree to indemnify BIM, its designees and your bank concerning the release by the bank to BIM or its

designees of any information regarding your bank account(s).

Should legal action be required to collect any outstanding balance, you agree to pay all costs of collection,

including attorney’s fees, to BIM or its designee.

You shall defend, indemnify and hold harmless BIM against any and all claims, actions, proceedings, suits,

liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with your use of the

Service, or your breach of any provision of this Agreement, including, without limitation, any claim by any

user of any goods and services redeemed with any Promotion, or any claim by any third party who suffers

any injury in connection with the use of any Promotion or the use or consumption of any goods or services

obtained from any Merchant (“Damages”). BIM reserves the right to assume the sole control of the defense

and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification

hereunder. You will cooperate with BIM with respect to such defense and settlement.

15. Error Resolution Procedures

ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH THIS SERVICE MUST BE DIRECTED TO BIM, AND NOT

TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible

for the BIM Service and for resolving any errors in transactions made through the use of the Service. We

will make monthly account activity information available to you listing transactions that you make using this

Service. You may access your account information by signing into your account at www.bimnetworks.com.

The financial institution holding your account will make periodic statements available to you. SAVE THE

RECEIPTS YOU ARE GIVEN WHEN YOU USE BIM PAYMENTS, AND CHECK THEM AGAINST THE ACCOUNT

STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR

OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at: 1-

646-926-4265 or write us at:

Buy It Mobility Networks

Attn: Customer Service

116 West 23rd Street, Suite 500

New York, NY 10011

We must hear from you no later than 90 days after your financial institution sent you the FIRST statement

on which the problem or error appeared.

(a) Tell us your name and account number (if any).

(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you

believe it is an error or why you need more information.

(c) Tell us the dollar amount of the suspected error.

If you tell us orally, we may require that you send us your complaint or question in writing within 10

business days. We will determine whether an error occurred within 10 business days after we hear from

you and will 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 to do this, we will credit your account within 10

business days for the amount you think 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 ask you to put 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, point-of-sale, or foreign-initiated transactions, we may take up to 90 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 tell you the results within three business days after completing our

investigation. If we decide that there was no error, we will send you a written explanation. You may ask for

copies of the documents that we used in our investigation.

IF YOUR PHONE, PASSWORD, PIN OR ANY OF YOUR CREDENTIALS USED FOR BIM SERVICES ARE LOST,

STOLEN, OR COMPROMISED, OR YOU WISH TO SUSPEND OR CANCEL YOUR BIM ACCOUNT, NOTIFY US AT

ONCE by calling 1-646-926-4265.

If you make a claim seeking a refund or provisional credit from us, you warrant and represent that you have

not made a claim for the same transaction or received a payment or refund from any other party including

but not limited to your depositary financial institution or a Merchant. If you have received a payment or

refund from any other party and you also receive a payment or refund for the same transaction from us, you

hereby authorize us to immediately reverse the payment or refund given to you by BIM.

16. Suspension; Modifications and Termination

You may terminate this Agreement at any time by closing your BIM account and ceasing to use the Services,

and all BIM applications.

BIM reserves the right to suspend your password and/or access to the Service at any time if it believes you

are in breach of this Agreement. BIM reserves the right to terminate or modify this Agreement, terminate

the Service or modify any features or aspects of the Service, or modify its policies at any time, with or

without notice to you. If you use the Service, you shall be bound by the version of the Agreement in effect

at the time of your purchase. If we make changes that materially affect your use of the Services, we will

post a notice of the change on the BIM website. If you are a registered user or are on our electronic mailing

list we may also notify you of such material changes via email. You are under an obligation to review the

current version of this Agreement and other published BIM policies before using the Service. We may ask

you to affirmatively accept changes to these Terms at the time of your next account login, access or use of

the BIM Services. By continuing to use the BIM Services after such notice and/or acceptance, you agree to

be bound by these Terms as modified. All change are effective when we post them and apply to your access

and use of the BIM Services thereafter.

If your BIM account is terminated for any reason or no reason, you agree: (a) to continue to be bound by

this Agreement, (b) to immediately stop using the Services and all BIM applications, (c) that the license

provided by BIM under this Agreement shall end, (d) that we reserve the right (but have no obligation) to

delete all of the User Data stored by BIM, and (e) that BIM shall not be liable to you, or any third party, for

compensation, reimbursement, or damages in connection with your use of the Services or for termination of

access to the Services. Sections 3, 4, 5, 7-14 and 18, any accrued rights and remedies hereunder, and any

other provisions that by their nature require survival in order to be effective, shall survive the termination or

expiration of this Agreement.

17. Notice

BIM will provide you with all disclosures, policies, notices and other communications about the Service,

including this Agreement, in electronic form, and BIM will provide revisions and amendments to this

Agreement, and such other information, electronically as a part of the Agreement or otherwise as a part of

the Service. We will provide all future notices by posting them on our website or by email. By accepting this

Agreement, you are also consenting to accept documents electronically that relate to all future transactions

you conduct using this Service.

After you have consented to this Agreement, you may withdraw your consent to receive electronic records

at any time by contacting BIM by phone at 1-646-926-4265 or via the email at service@bimnetworks.com.

However, if you withdraw your consent to receive electronic records then your use of the Service will be

terminated and you will no longer be able to use the Service.

Use of the Service requires BIM to maintain your current email address. You agree to provide BIM with any

updated information needed in order for us to be able to provide you with electronic records from time to

time and at any time. This includes, but is not limited to, providing BIM with any changes to your email

address by contacting us by phone at 1-646-926-4265 or via email at service@bimnetworks.com.

In order to access, view, and retain electronic documents that we make available to you, you must have

Access to the internet via a personal computer or other device installed with a web browser software

You may print and retain a copy of the Agreement or any other notices or communication; however, we only

provide these documents electronically. You can obtain a copy of the most recent agreement at a later date

by going to the disclosure section on the login screen.

If BIM changes the minimum hardware or software requirements needed to access or retain electronic

records, and the changes creates a material risk that you will not be able to access or retain a subsequent

record, then BIM will let you know about the change(s) before the change(s) takes effect and let you know

what the new requirements are.

By checking the box to “Accept Terms & Conditions” in the Enrollment Application screen you are thereby

accepting and agreeing to be bound by the above terms and conditions. By providing your consent to this

Agreement, you also confirm that you are able to access all of the disclosures, records and other information

provided to you in electronic form.

18. Miscellaneous

Force Majeure: In no event shall BIM be liable for any failure to comply with this Agreement to the extent

that such failure arises from factors outside BIM’s reasonable control.

Entire Agreement. This Agreement constitutes the entire agreement between you and BIM governing your

use of the Service and supersedes any prior agreements between you and BIM relating to that subject

matter.

Arbitration – You agree that any claim or dispute arising in relation to this BIM Service Agreement, between

the you and BIM, its Designees, their parents, subsidiaries, and/or affiliates, including but not limited to

claims arising out of an attempt to collect any outstanding balance, but not including any claim properly

brought by any party in small claims court, shall be resolved exclusively through binding arbitration

pursuant to the Federal Arbitration Act to be administered by JAMS pursuant to its Streamlined Arbitration

Rules and Procedures and Consumer Minimum Standards or by an equivalent arbitration administrator

pursuant to its applicable rules.

Choice of Law and Forum – This Agreement is governed and interpreted under the laws of the State of

Georgia, United States of America, without giving effect to the conflicts of laws provisions of any jurisdiction.

You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of

Georgia, United States of America, in all questions and controversies arising out of this Agreement or related

to your use of the Service.

Waiver and Severability of Terms – The failure of BIM to exercise or enforce any right or provision of this

Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 this

Agreement remain in full force and effect.

Survival of Claims – 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 must be filed within one year after such claim or cause

of action arose or be forever barred.

Third Party Beneficiary – The provisions of this Agreement are entered into for the benefit of BIM, its

third party licensors, designees, and the Merchants and each of them shall have the right to enforce such

provisions of this Agreement directly against you to protect their interests.

You acknowledge and agree that BIM’s Designees have third party enforcement rights under the agreement

applicable to the utilization of EFT and check processing services, including assignment of debt in connection

with ACH transactions. Except as stated in this section, there shall be no other third party beneficiaries to

this Agreement.

This Agreement may be executed electronically, and your electronic assent or use of the Service shall

constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a

writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

Effective Date of these Terms of Service: May 30, 2014