[Updated February 1, 2019]
By using the www.brokersumo.com website (the “Website”), you agree to follow and be bound by these Terms of Use. In these Terms of Use, “you” and “your” refer to each user or visitor of the Website; “we”, “us” and “our” refer to the Website and Broker Sumo, Inc.; and “Services” refers to all services provided by us through the Website. We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If, at any time, you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use the Website. Violation of any of these Terms of Use will result in termination of your account. You can review the current version of the Terms of Use at any time at: www.brokersumo.com/terms-of-use. If you have any questions about these Terms of Use, please contact us at [email protected].
ACCOUNT TERMS:
1. You must be at least 18 years of age to use the Website.
2. You must be an actual person. Accounts registered by “bots” or other automated methods are not permitted.
3. You must provide a valid email address and any other information requested by us to complete the registration process.
4. Your login may only be used by one person – a single login shared by multiple persons is not permitted.
5. You are responsible for maintaining the security of your account login and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
6. You acknowledge that your account login and password is personal to you and agree not to provide any other person with access to this Website or portions of it using your login, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your login or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
7. You are responsible for all Content posted and activity that occurs under your account.
8. If you are using a free account, you are not permitted to block ads.
9. One person or legal entity may not maintain more than one free account.
10. You may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction, including, but not limited to, any copyright laws or laws controlling the making of false statements.
11. Certain features are made available through third-party sites and are subject to the terms and conditions of such sites. If you choose to utilize these features, you must comply with all applicable terms and conditions for these sites and you are responsible for reviewing and understanding the terms of use and privacy policies of these sites. Third-party sites that are used in connection with the Website include www.itransact.com, www.dwolla.com, and www.plaid.com. We are not responsible for the maintenance or operation of any third-party site. We make no guaranty that the Website will continue to utilize these sites, or any other third-party sites, in the future.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING:
1. You must pay all BrokerSumo account fees with a valid credit card (Visa, MasterCard, or American Express), which must be provided at the time the account is created. A credit card number is not required for accounts that are provided free of charge.
2. We will bill you in advance on a monthly basis and will charge your credit card on the 1st day of each month. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made to these terms.
3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of any applicable taxes, levies, or duties, except as may be otherwise required by federal or state law.
4. If you upgrade or downgrade your account service level, your credit card will automatically be charged the new rate on your next billing cycle.
5. If you downgrade your account service level, you may lose certain content, features, or capacity of your account. We will not be liable for any such loss.
6. If you use Dwolla, our partner application for ACH transfers, a fee may be deducted from your linked bank account for payments if you choose to use our optional next day payment feature. No fees will be collected for the normal use of the payment feature.
CANCELLATION AND TERMINATION:
1. You are solely responsible for properly cancelling your account.
2. All of your content will be immediately deleted from the Website upon cancellation. This information cannot be recovered once your account is cancelled.
3. If you cancel your account before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
4. We, in our sole discretion, have the right to suspend or terminate your account and refuse any and all current or future use of the Website, or any other service we provide, for any reason at any time. Such termination will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We reserve the right to refuse service to anyone for any reason at any time.
MODIFICATIONS TO THE WEBSITE AND PRICING:
1. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any part thereof, with or without notice.
2. Prices for all services, including but not limited to monthly subscription fees to the Website, are subject to change upon thirty (30) days’ notice from us. Such notice may be provided at any time by posting the changes on the Website.
3. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website or any of the services thereon.
COPYRIGHT AND CONTENT OWNERSHIP:
1. All content posted on the Website must comply with U.S. copyright law.
2. The look and feel of the Website, and all aspects of the service, is a copyright of Broker Sumo, Inc., a Delaware corporation. All rights reserved. You may not duplicate, copy, or reuse any portion of the Website, or its HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Broker Sumo, Inc.
DWOLLA PLATFORM – ACH TRANSFERS
1. In order to use the payment functionality of BrokerSumo’s application, you must
open a "Dwolla Platform" account provided by Dwolla, Inc. and you must accept the
Dwolla Terms of Service and Privacy Policy. Any funds
held in the Dwolla account are held by Dwolla's financial institution partners as set
out in the Dwolla Terms of Service. You authorize BrokerSumo to share your identity
and account data with Dwolla for the purposes of opening and supporting your
Dwolla account, and you are responsible for the accuracy and completeness of that
data. You understand that you will access and manage your Dwolla account through
BrokerSumo’s application, and Dwolla account notifications will be sent by
BrokerSumo, not Dwolla. BrokerSumo will provide customer support for your Dwolla
account activity, and can be reached at www.brokersumo.com,
[email protected] and/or (800) 656-1646.
2. If you use Dwolla, our partner application for ACH transfers, a fee may be deducted from your linked bank account for payments if you choose to use our optional next day payment feature. No fees will be collected for the normal use of the payment feature.
3. You have the ability to cancel your Dwolla Platform account at anytime.
4. All disputes with respect to the Dwolla Platform will be handled by BrokerSumo
and can be initiated by contacting BrokerSumo support at www.brokersumo.com,
[email protected] and/or (800) 656-1646.
5. Neither Dwolla nor BrokerSumo has any obligation to ensure that the funds required to complete a payment will be available. Any payment may be reversed if: (a) a customer contacts Dwolla or BrokerSumo and requests a reversal of the payment; (b) a customer’s bank or credit union contacts Dwolla or BrokerSumo and requests a reversal of the payment; (c) Dwolla or BrokerSumo reverses a payment based on its own dispute resolution and/or risk policies; or (d) required by applicable law, including, without limitation, the NACHA Rules (each a “Reversal”). Except for any Reversal made in error by Dwolla, you are liable to Dwolla’s Financial Institution Partners (as defined in the Dwolla Terms) for the full amount of any Reversal, as applicable. You are also liable to Dwolla, Dwolla’s Financial Institution Partners, and BrokerSumo for all customer account activity initiated by the API enabled services, whether or not authorized by the customer or you. If a customer account, Dwolla, Dwolla’s Financial Institution Partners, or BrokerSumo incur any losses based on unauthorized or erroneous activity initiated by you or your use of the Dwolla Platform, whether through misconduct, negligence, error, or otherwise, you will be liable for such losses. Except for any Reversal made in error by Dwolla, you authorize Dwolla to recover any amounts due to Dwolla and/or the Financial Institution Partners by debiting the available balance in your Dwolla account. If the available balance in your Dwolla account is insufficient, you authorize BrokerSumo, Dwolla and the Financial Institution Partners to take any of the following actions to recover the remaining amounts from you: a) Charge the credit card linked to your BrokerSumo account, b) Debit the bank or credit union account(s) linked to your Dwolla Account; c) Request immediate payment from you, and, if payment is not received within 30 days, engage in collection efforts; d) Pursue any rights or remedies available under Dwolla’s Terms for failure to pay amounts owed to Dwolla, including, without limitation, termination for nonpayment. e) Cancel any pending payments in order to resolve the insuffucient funds balance in your Dwolla balance account.
MISCELLANEOUS:
1. Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.
2. Technical support is only available via email.
3. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website.
4. You must not modify, adapt, or hack the Website or modify another website so as to falsely imply that it is associated with the Website, Broker Sumo, or any other service provided by us.
5. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website, use of the Website, or access to the Website without our express written permission.
6. We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
7. Verbal, physical, written or other abuse, including threats of abuse or retribution, of any of our customers, employees, members, users, or officers will result in immediate account termination.
8. You understand that the technical processing and transmission of the Website, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
10. You must not transmit any worms or viruses or any code of a destructive nature.
11. We do not warrant that (a) the Website will meet your specific requirements; (b) the Website will be available without interruption, timely, secure, or error-free; (c) the results that may be obtained from the use of the Website will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations; and (e) any errors in the Website will be corrected. YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
12. Limitation on Liability: IN NO EVENT WILL WE, OUR AFFILIATES OR OUR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, EMOTIONAL DISTRESS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
13. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use represent and constitute the entire agreement between you and us and supersedes any prior agreements between you and us.
14. All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah located in the City of Salt Lake and County of Salt Lake. We retain the right to bring any suit, action or proceeding against You for breach of these Terms of Use in your state and county of residence. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Arbitration: At our sole discretion, we may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Utah law.
16. Questions about these Terms of Use should be sent to [email protected].