TERMS OF USE - CANADA

Last updated March 18, 2024

PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES. IN ORDER FOR US TO PROCESS YOUR APPLICATION OR ANY TRANSACTIONS REQUESTED BY YOU IN CONNECTION WITH THIS SITE, WE OR THIRD PARTIES MAY NEED TO CONDUCT A CREDIT CHECK ON YOU TO VERIFY YOUR CREDIT SCORE.

1. Welcome. Welcome to BankBeach.com! This website (this “Site”) is owned and operated by Beach Life Network Inc. (“Company”, “we”, “us”, “our”, or words of similar meaning). This Site provides you with information regarding products and services offered by third parties, including customers, service providers, and trading partners. By clicking on the links provided, this Site provides you with the ability to connect with such third parties in order to receive more information about their products and services as well as the ability to purchase them.
2. Your Agreement to these Terms of Use. This Site, the Content, the Links, and the Questionnaires (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and our Privacy Policy (collectively, these “Terms of Use”).
   
   THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY ACCESSING OR USING THIS SITE (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY CONTENT, LINKS, OR QUESTIONNAIRES. YOU MAY ONLY ACCESS AND USE THIS SITE FOR LAWFUL PURPOSES.
3. Privacy. For information about how Company collects, uses, and shares your personal information, including in connection with this Site, please review our Privacy Policy.
4. Minors. This Site is only accessible to users who are 18 years of age or older and capable of entering into binding contracts. If you are a minor or incapable of entering into binding contracts, you are not permitted to access or use this Site (in whole or in part). By accessing or using this Site or any portion of it, you represent and warrant that you are at least 18 years of age and capable of entering binding contracts.
5. Modifications. Company reserves the right, in its sole discretion, to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part, at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or any portion of this Site after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and any and all Content.
6. Content, Links, Questionnaires, and Third-Party Sites. This Site contains content provided by Company and third parties (the “Content”) as well as links (each, a “Link”) and questionnaires or decision funnels (each, a “Questionnaire”) that direct you to websites of third parties (each, a “Third-Party Site”). By accessing and using this Site, the Content, or any Link or Questionnaire (in whole or in part), you acknowledge and agree that:
   1. the Content, Links, and Questionnaires are both necessary and desirable for you to be able to be directed to third parties for the purposes of processing your application and transacting business with them, including to purchase their products and services;
   2. Third-Party Sites and the content of, and any services or products accessible by, Links, Questionnaires, or Third-Party Sites are not provided by, nor is any of it under the control of, Company;
   3. Company does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby or purchased by you in connection therewith; and
   4. if you choose to use the Content, click on any Links, provide any information using any Questionnaires, or access any Third-Party Site, you do so entirely at your own risk and liability.
7. Your Inputs. This Site or the Links or Questionnaires may prompt you to, or allow you to, provide, input, or upload information and other content to this Site and to us and third parties from time to time (“Your Inputs”). By providing any of Your Inputs in connection with this Site, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Inputs are true, complete, and accurate as at the time you provided it. Subject to our Privacy Policy, Company reserves the right in its discretion to remove, edit, limit, or block access to any of Your Inputs at any time, and it will have no obligation to review or verify Your Inputs. You are solely responsible and liable for Your Inputs.
8. Information You Provide to Us. The Site provides means by which you can contact and provide information and feedback to us. You acknowledge and agree that, to the maximum extent permitted by applicable law and subject to our Privacy Policy, any information you provide to us (“Your Information”) will be treated as non-confidential and Company will have no obligations whatsoever with respect to Your Information, including to keep Your Information secure or confidential. By providing us with your Information, you represent and warrant that you have all necessary rights and licences to do so and that all of Your Information is true, complete, and accurate as at the time you provided it. By providing us with Your Information, you automatically and unconditionally grant Company a non-exclusive, royalty-free, irrevocable, sub-licensable, transferrable, perpetual, worldwide right and licence to use, copy, modify, display, publish, and otherwise commercialize Your Information in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Information (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that Company may assign, transfer, or sub-license Your Licence to any person, including its affiliates, customers, service providers, and trading partners, without any further approval by you.
9. Consent to Credit Checks. You acknowledge and agree that, in order for us or third parties to process your application or any transactions requested by you in connection with this Site, we or third parties may need to conduct a credit check on you to verify your credit score. By using this Site and providing your personal information, you provide your consent and agreement to any and all such credit checks.
10. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Company, including BANKBEACH™, LENDINGARCH™, and CONSUMER GENIUS™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Company or any of its affiliates are trademarks of Company or its affiliates, as applicable (collectively, the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners (“Third-Party Marks”). You are not granted any right or licence with respect to any Company Marks or Third-Party Marks.
11. Company Property.
    1. “Company Property” means this Site and: (i) Company Marks, Content, Links, and Questionnaires; (ii) any and all logos, designs, graphics, images, photographs, artwork, and other artistic works related to this Site; (iii) any and all editorial content, text, data, and other literary works on this site; (iv) any and all videos, sounds, and performance or audio-visual works on this Site; (v) any and all selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) any and all systems and software, including source code, object code, and scripts that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (vii) the organization, presentation, design, architecture, interface, templates, layout, web pages, and look and feel of this Site; (viii) any and all URLs associated with this Site; and (ix) any and all intellectual property rights in any of the foregoing.
    2. By accessing or using this Site or any other Company Property or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to this Site or any other Company Property.
    3. You acknowledge and agree that all Company Property: (i) is protected by copyright and is owned by Company, its affiliates, or their respective licensors; (ii) contains proprietary information and material that is owned by Company, its affiliates, or their respective licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Company and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
    4. The use of any Company Property, other than as expressly permitted by these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Company and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.
    5. Notwithstanding any other provision of these Terms of Use, Company and its licensors reserve the right to change, suspend, remove, or disable access to any Company Property at any time without notice. You acknowledge and agree that, in no event will Company be liable for making any such changes. Company may also impose limits on your use of or access to certain features or portions of Company Property, in any case and without notice or liability.
12. Licence and Permitted Uses. Subject to and in accordance with the terms, restrictions, and conditions of these Terms of Use, Company grants to you a personal, non-exclusive, non-transferable, limited to the Territory, revocable right and licence to access and use this Site and the Content, Links, and Questionnaires in accordance with these Terms of Use and applicable law and only to display on your own computer or mobile device for your own personal, internal, non-commercial use (“Permitted Uses”). All rights not expressly granted herein by Company are expressly reserved by Company.
13. Prohibited Activities. You may not access or use this Site or any other Company Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in writing by Company, you will not access or use any Company Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Company or any other person. Without limiting the foregoing, you will not, directly, or indirectly, on your own or with any other person, in any manner whatsoever:
    1. access or use any portion of this Site or other Company Property that is not expressly authorized for use by you by these Terms of Use;
    2. exploit any Company Property (in whole or in part), including by trespass or burdening network capacity (either of Company or a third party);
    3. reproduce any Company Property (in whole or in part) in any form or by any means;
    4. make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property (in whole or in part);
    5. create derivative works of any Company Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any Company Property (in whole or in part) with other data, content, or frame from or on another website;
    6. scrape, whether by way of screen scraping or database scraping, any Company Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property (in whole or in part), whether by an automatic program or a manual process;
    7. sell, licence, sublicence, transfer, rent, lease, or loan any Company Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
    8. decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any Company Property (in whole or in part), its architecture, or any underlying software or code;
    9. dilute, tarnish, or otherwise harm the brand, goodwill, or reputation of the Company or any of its affiliates in any way, including through unauthorized use of any Company Property, registering or using Company Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Company’s domains, trademarks, taglines, promotional campaigns, or any other Company Property;
    10. not modify, alter, manipulate, delete, damage, or cover up in any way any copyright or other intellectual property notices;
    11. access or use this Site or any other Company Property (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
    12. access or use this Site or any other Company Property (in whole or in part) for any purpose that violates the rights of Company or (in the sole discretion of Company) any other person;
    13. access or use this Site or any other Company Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Company, a partnership with Company, or otherwise misleads others as to your affiliation or relationship with Company;
    14. use this Site or any other Company Property (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
    15. copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of this Site in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
    16. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
    17. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any person for or on behalf of Company to protect this Site or any other Company Property (in whole or in part);
    18. take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any other Company Property (in whole or in part); or
    19. violate or infringe any person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
14. Site Security. You may not interfere with the security of this Site, including any of the security features used to maintain the security and integrity of this Site, or otherwise abuse this Site or any systems, software, servers, resources, services, or networks connected to or accessible through this Site. You will not, nor permit or enable any third party to, attempt to enter restricted areas of this Site or Company’s systems or perform functions that you are not expressly authorized in writing by Company. Company may, without notice to you, temporarily or permanently, suspend or terminate your, or any other person’s, access to or use of this Site (in whole or in part) or any Links or any related services, including by deactivating any passwords or links to the Internet, if Company determines in its sole discretion that you, or any other parties, are obtaining unauthorized access to the systems or information of Company or any of its affiliates or any of its third party service providers or trading partners.
15. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate this Site or any other Company Property (in whole or in part) or to undermine the legitimate operation of this Site or any other Company Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, Company reserves the right to seek damages from you to the maximum extent permitted by law.
16. Currency of Site. Company updates this Site and the Content periodically. Company cannot and does not warrant or guarantee and disclaims any and all responsibility and liability for the accuracy, currency, or completeness of this Site or the Content. Company may, at any time and from time to time, revise, supplement, or delete Content, Links, products or services, or the resources contained on or accessible by way of this Site and reserves the right to make such changes without prior notification to you.
17. DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
    1. THIS SITE AND ANY AND ALL CONTENT AND LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER;
    2. ACCESS TO, AND USE OF, THIS SITE AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES AND ANY RELATED SERVICES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND LIABILITY, AND NO ONE SHOULD ACT, OR NOT ACT, ON THE SOLE BASIS OF THE CONTENT, LINKS, OR THIRD-PARTY SITES (IN WHOLE OR IN PART);
    3. COMPANY DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ANY CONTENT, LINK, OR THIRD-PARTY SITE WILL BE ERROR FREE, OR COMPLETELY ACCURATE OR CURRENT AT ALL TIMES OR AT ANY TIME, INFORMATION ON THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND TO THE EXTENT THAT THIS SITE OR ANY CONTENT, LINK, OR THIRD-PARTY SITE IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME;
    4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL RESPONSIBILITY OR LIABILITY WITH RESPECT TO THIS SITE OR ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR ANY CONTENT OR ANY THIRD-PARTY SITE OR ANY RELATED SERVICE OR PRODUCTS WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
    5. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES OR PRODUCTS IS OR WILL BE COMPATIBLE WITH ANY PERSON’S NEEDS OR COMPUTER SYSTEMS OR IS OR WILL ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
    6. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS; AND
    7. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY CONTENT OR MATERIALS.
18. Indemnity. To the maximum extent permitted by applicable law, you agree to, at your own cost and expense, indemnify, defend, and hold harmless Company and its affiliates and third-party customers, service providers, trading partners, and licensors and each of their respective shareholders, directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened, or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
    1. your access to or use of this Site, any Content, any Links, any Questionnaires, or any Third-Party Sites (in whole or in part) or any access to or use of this Site, any Content, any Links, any Questionnaires, or any Third-Party Sites (in whole or in part) by any person in respect of which you are responsible at law;
    2. any acts or omissions by you or any person in respect of which you are responsible at law in reliance upon this Site or any Content, Links, or Third-Party Sites (in whole or in part);
    3. any of Your Inputs or Your Information;
    4. any breach or non-observance by you or any person in respect of which you are responsible at law of these Terms of Use, including any of your obligations pursuant to or in connection with these Terms of Use;
    5. any breach or violation of applicable law by you or any person in respect of which you are responsible at law;
    6. any loss of, damage to, or destruction of Company Property or the property of any other person, including any Links, Questionnaires, Third-Party Sites, or any related services or products, to the extent that such loss, damage, or destruction is caused by you or any person in respect of which you are responsible at law;
    7. personal injury (including death) in connection with this Site or any Content, Links, Third-Party Sites, or any related services or products to the extent caused by you or any person in respect of which you are responsible at law; or
    8. your negligence, fraud, or criminal, willful, or intentional misconduct or the negligence, fraud, or criminal, willful, or intentional misconduct of any person in respect of which you are responsible at law.
19. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY OF ITS AFFILIATES OR THIRD-PARTY CUSTOMERS, SERVICE PROVIDERS, TRADING PARTNERS, OR LICENSORS OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT COMPANY OR ANY COMPANY PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES OR PRODUCTS. IF, AND ONLY TO THE EXTENT THAT, THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECEIVE FROM COMPANY PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO $10.
20. ACKNOWLEDGEMENT. BY ACCESSING AND USING THIS SITE OR ANY PORTION OF THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS OF USE PROPERLY ALLOCATE THE RISKS BETWEEN YOU AND COMPANY, AND THAT COMPANY WOULD NOT BE ABLE TO OFFER THIS SITE, THE CONTENT, THE LINKS, THE QUESTIONNAIRES, OR ACCESS TO THIRD-PARTY SITES OR THE ASSOCIATED PRODUCTS AND SERVICES ON AN ECONOMICALLY VIABLE BASIS WERE IT NOT FOR SUCH ALLOCATION OF RISK AND EXCLUSIONS AND LIMITATIONS OF LIABILITY.
21. Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by applicable law:
    1. your compliance with these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Company and its affiliates and third parties;
    2. your breach of these Terms of Use may give rise to irreparable harm or injury to Company that will not be adequately compensable with monetary damages;
    3. Company may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
    4. notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
22. Headings. The division of these Terms of Use into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Section, or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Sections are to Sections of these Terms of Use.
23. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
24. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
25. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Company. Company may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.
26. Waiver. The waiver by Company of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Company to exercise or avail itself of any of its rights, remedies, powers, or privileges cannot be interpreted as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.
27. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.
28. Relationship. Nothing in these Terms of Use or your access to or use of this Site, any Content, any other Company Property or any Links, Third-Party Sites, or any related services or products will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
29. Governing Law. These Terms of Use, including the interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any Company office or any Company personnel with whom you may communicate or deal. This Site and the Content, Links, and Questionnaires are intended for use only in jurisdictions where they may be lawfully provided for use in the Territory and may not be accessed or used in any other jurisdiction, including any other jurisdiction where such use may be prohibited by law, including any embargoed jurisdiction.
30. Choice of Forum for Disputes. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Alberta in any action or proceeding in connection with these Terms of Use or this Site and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
31. Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with these Terms of Use or this Site.
32. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
33. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email to [email protected]. Should you choose to email us, please note that the Internet is not a secure medium, and any such communication may be lost, stolen, intercepted, or altered. You acknowledge and agree that Company is not responsible or liable for any damages related to communications to or from us.
    
    Beach Life Network Inc.
    [email protected]

TERMS OF USE - USA

INTRODUCTION

Welcome to BankBeach.com! These Terms of Service are a written contract (the “Terms”) between you and/or your company (collectively, “you”) and Beach Life Network Inc. as the owner and operator of BankBeach.com (“Company,” “we” or “us”) and apply to your use of our website (the “Website”).

If you don’t agree to this Agreement, then you must stop using the Website.

ARBITRATION

These Terms contain an “Arbitration Agreement” where you waive your right to a jury trial and to bring a class action.

What is arbitration?

Legal disputes are usually resolved in a court of law in front of a judge and, sometimes, a jury. Court cases are a matter of public record. Arbitration is a less formal and more private way of resolving disputes. Instead of going to court, the parties give their arguments and evidence to an arbitrator, and the arbitrator decides who “wins” the case by applying the law in the same way that a judge would. In fact, many arbitrators are retired judges or lawyers. Instead of a courtroom, arbitrations are generally held in a private office, such as a conference room, or by videoconference.

What is our Arbitration Agreement?

Under this Agreement, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.

How will the arbitration work?

The arbitration must be filed and conducted through JAMS (www.jamsadr.org), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

What law will the arbitrator follow?

The laws of Delaware govern this Agreement. The arbitrator will apply Delaware law to the claims in the arbitration.

Who pays for the arbitration?

In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.

The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.

Are there any instances where a court will get involved?

Yes. There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Delaware. This exception for equitable relief does not waive our Arbitration Agreement.

Can I file a class action?

No. You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.

OUR SERVICES (HOW THE WEBSITE WORKS)

What We Do

The Website provides you with information and access to third parties (“Affiliates”) who provide services, (the “Services”). After you submit a request for information (a “Request”) on the Website, or call the phone number on the Website, you may be contacted by phone, email, or text by one or more Affiliates.

What We Don’t Do

We are not a Lender, Insurer, Broker and we do not provide those Services. Lenders, Insurers and Brokers are separate from our Company and have their own contracts, rules, eligibility requirements, refund polies, and so forth that cover their Services.

We are not a directory or phone book. The Website does not include a complete list of all available Affiliates. As explained below in the “How We Make Money” section, we only link you and other Website users with Affiliates who have agreed to pay us commissions. We make no promise or guarantee that the Affiliates we work with offer the best rates or terms.

We do not guarantee that we will fulfill your Request or connect you with a Affiliate. Certain factors, including those outside of our control, may make you ineligible for receipt of Services.

We are not a credit reporting agency and do not make credit-based decisions. The availability of certain Services may be based on your creditworthiness, but we don’t play any part in accessing your credit report or deciding whether you qualify for the Services. The Affiliates will resolve these issues with you.

We do not give medical, legal, or financial advice. The content on the Website is provided for informational purposes only. If you have a serious legal or financial issue, you should contact a licensed professional.

How We Make Money

We do not collect money from you. We make the Website available to you and other users for free. We earn money through commissions we receive from Affiliates. Thus, if you click on a link on the Website or transact business with a Affiliate, we may receive a commission.

Separate Affiliate Contract and Loan Documents

We are not a party to any transaction between you and an Affiliate. Your dealings with an Affiliate may be covered by a separate contract—and/or insurance documents or loan documents where applicable—between you and the Affiliate We don’t accept payment from users, we don’t lend money, and we don’t provide customer service for Affiliates. If you are working with a Affiliate you found through the Website, you should raise all questions and status inquiries directly with the Affiliate.

Affiliate Communications

Affiliate may contact you about your Request by phone, text message or email at the numbers and addresses you provide to us. This is true even if you registered your phone number with a federal or state Do Not Call list. We understand it is annoying to continue to receive communications about Services after you have already found the right provider. If you want to stop receiving communications about Services from Company or a Affiliate, you can:

• Click on the “unsubscribe” link in any email communication.
• Reply “STOP” to any text message communication; and/or
• Tell the customer service agent on any phone call that you would like to be placed on the Do Not Call list for our Company or the applicable Insurer.

THIRD PARTIES

What are third parties?

Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:

• Our vendors. These third parties help us to run the Website. To do so, they may place cookies on your device or have access to your personal information. We address the exchange of information with our third-party vendors in our Privacy Policy.
• Other users of the Website. While other users may have agreed to the terms of the Website, they are not party to this Agreement between you and us. Accordingly, when other users post Content to the Website, it is third-party Content—meaning neither you nor we are responsible for it.
• Other websites or apps. The Website may contain links to other websites and apps that are operated by third parties. We may have relationships with some of these third parties, while with others, we do not.
• Insurers. When you communicate, visit the website of, or transact with a Insurer, you are doing business with a third party.

Third-Party Content

Third-party Content includes any posts, uploads, messages, opinions, advice, statements, or other information posted to the Website by a third party. Third parties are solely responsible for their own Content. We do not review all third-party Content and do not guarantee that it is accurate, complete, or useful. We are not responsible for your reliance on third-party Content.

Third-Party Websites

The Website may contain links to third-party websites or apps. Some of these third parties may have a business relationship with us while others do not. We do not have control over the content or performance of a third-party website. Except where we’ve expressly indicated an affiliate relationship or other endorsement, we don’t represent or endorse third-party websites, apps, information, goods, or services.

YOUR USER ACCOUNT AND CONTENT

Your Account

We may ask you to create a user account (your “Account”) to access certain parts of the Website. You promise that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and delete all your Content.

Account Security

It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.

Your Content

We refer to all content uploaded, posted, or communicated to or through the Website as “Content.” Your Content includes all Content posted through your Account, regardless of whether you personally posted it.

Reviews

If your Content contains any reviews or comments—including reviews of the Website, Products, and Company, you represent that such reviews and comments are true and accurately represent your experience. You understand and agree that, pursuant to the license granted in your Content, Company will have the right to republish all or part of your reviews and comments on the Website, Company’s social media accounts, advertising, and other media as Company deems fit.

CONSENT TO RECEIVE COMMUNICATIONS

You consent to receive electronic communications from us, such as phone calls, text messages, emails, and mobile push notification. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:

• For email, click on the “unsubscribe” link in the email and follow any subsequent directions.
• For text messages, respond STOP.
• For phone calls, ask to be placed on the caller’s internal Do Not Call list.

For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.

INTELLECTUAL PROPERTY

Your License to Use the Website

So long as you comply with the terms of this Agreement (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website. This license does not allow you reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website—including the Content of other users—unless you first obtain our written permission. We reserve all rights not expressly granted in this Agreement. If you breach any provision of this Agreement, your license will automatically terminate.

Company’s License to Your Content

You are always the owner of your Content; however, we require a license from you to legally display your Content on the Website. Without this license, we could not allow you to upload any Content. Accordingly, you grant to Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or in the future created.

Use of Your Content to Promote the Website

As we explain above, we may use your reviews and comments to promote the Website and Products. Aside from these reviews and comments, we will not use your Content in advertising without first obtaining your permission.

Our Intellectual Property

Our name, logo, Product names, the Website domain, and all content and other materials available through the Website other than your Content (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.

PROHIBITED CONDUCT

We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:

• providing false, misleading, or inaccurate information to Company or any other person in connection with your Account, or the Website;
• impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity;
• accessing the Account of any other user;
• modifying or changing the placement and location of any advertisement posted through the Website;
• harvesting or collecting information about users, including email addresses and phone numbers;
• using any engine, software, tool, agent, or other device or mechanism (such as browsers, spiders, robots, avatars, AI, or intelligent agents) to harvest or collect information from the Website for any use, including any use on another website, app, or media;
• accessing content or data not intended for you, or logging into a server or account that you are not authorized to access;
• attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures;
• interfering with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware, exploiting vulnerabilities, or through a DDoS attack;
• forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers);
• while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising;
• attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions or clicks generated by specific Content and/or the Website; or
• creating additional Accounts to promote yourself, your business, or a Third Party (or another's) business, or causing others to do so.

DISCLAIMERS AND LIMITATIONS

No Warranties.

A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”

UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.

WE DO NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT OR GUARANTEE THAT YOU WILL QUALIFY FOR LIFE INSURANCE OR OTHER INSURANCE ASSISTANCE WITH ANY INSURER. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.

Limitation of Liability.

This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website and our services—in fact, we could not provide them otherwise.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.

MISCELLANEOUS PROVISIONS

Minimum Age

You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).

Corporate Use

If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.

Electronic Notice

You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.

Survival

The provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including the sections entitle ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.

Severability

If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.

No Waiver

A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Independent Contractors

You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

CHANGES

Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.

OTHER TERMS AND POLICIES

We take your privacy very seriously. Our Privacy Policy (the “Privacy Policy”) is a part of this Agreement and is incorporated by reference. The Privacy Policy contains details about how information is collected from you through the Website, how it is used and shared with our service providers, and what your rights are with respect to such information. The Privacy Policy is available at https://BankBeach.com/privacy-policy/.