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: firstname.lastname@example.org 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
This Agreement and your submission of data through enrollment, and use of the Service are governed by
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
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
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
(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 email@example.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.
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 firstname.lastname@example.org.
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 email@example.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.
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
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 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