MyWIRE TERMS AND CONDITIONS
1. Your Acceptance
Welcome to the MyWIRE Terms and Conditions. This is an agreement ("Agreement") between MYWIRE, LLC ("MyWIRE"), the owner and operator of https://mywire.net and MyWIRE software, application, components, and any associated services offered (collectively the "Platform") and you ("you", "your", or "User"), a User of the Platform. The MyWIRE Platform may offer User services ("MyWIRE Services") as applicable. Throughout this Agreement, the words "MyWIRE," "us," "we," and "our," refer to our company as is appropriate in the context of the use of the words.
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
By clicking "I agree", subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms and Conditions or the Privacy Policy and may notify you when we do so. If you do not agree to the Agreement or the Privacy Policy please cease using our Platform immediately.
2. Permission to Access the Platform
In order to access the Platform or any MyWIRE Services, you must be permitted to do so by a marketing research facility that utilizes MyWIRE software ("Facility"), or an affiliate of MyWIRE. The Facility is solely responsible for providing you access to the Platform. Please be aware that MyWIRE is not responsible and does not endorse or recommend any Facility. Any agreements you enter with the Facility are solely between you and such Facility and MyWIRE is not a party to such agreement. By accessing the Platform you represent and warrant that you have been permitted by a Facility to access the Platform, have permission to access or use any associated User Content (defined below), and agree that you will not violate any agreements that you have entered into with any Facility. Any statements made by Facility, whether written or oral, regarding the Platform or any related MyWIRE Services are non-binding on MyWIRE and shall have no contractual effect.
3. Specific MyWIRE Services
If you wish to order specific My Services such as a software subscription or transcript services, you may be required to enter into additional agreements ("Additional Agreement(s)") with MyWIRE. Such Additional Agreements shall directly govern the specific MyWIRE Service provided within such Additional Agreement. MyWIRE is not required to offer any specific MyWIRE Services to you and any such offering of services is solely at the discretion of MyWIRE. MyWIRE reserves the right to modify or discontinue any specific MyWIRE Services along with any Additional Agreements at its discretion.
4. User Accounts
Users may be required to register before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful, up-to-date, and accurate information when registering and must be over the age of 18. We reserve the right to verify all user credentials and to reject any Users. You are entirely responsible for: (1) maintaining the confidentiality of password and account information for your account; and (2) any and all activities that occur under your account. Where you create an account on behalf of an entity or organization you represent and warrant that you have been authorized to create a MyWIRE account and that you are able to bind such entity or organization to this Agreement. You agree to notify MyWIRE immediately of any unauthorized use of your account or any other breach of security. MyWIRE will not be liable for any losses you incur as a result of your usage of the Platform.
5. Additional Access
After creating an account, we may grant you access to the Platform as permitted by us and in accordance with this Agreement. You may only use the Platform for your own internal business purposes and you may not share your access with others. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.
6. MyWIRE Services
The MyWIRE Services may allow Users to access or store User Content through the Platform. Users may use the Platform and any MyWIRE Services solely as permitted and provided for by MyWIRE. Please be aware that any MyWIRE Services, except as expressly stated otherwise, are offered on an "as is" basis and MyWIRE makes no representations or warranties regarding the MyWIRE Platform or any of the MyWIRE Services offered. MyWIRE reserves the right to modify, change, and/or discontinue any and all portions of the MyWIRE Services at any time and may also remove or add MyWIRE Services at its sole discretion.
7. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to MyWIRE and/or MyWIRE's licensors and that MyWIRE and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by MyWIRE. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by MyWIRE to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by MyWIRE. All rights not expressly granted in this Agreement are reserved for us.
8. User Responsibilities
User shall be exclusively responsible for its use of the Platform including any sharing of its User Content (defined below). MyWIRE is not responsible for such User Content including but not limited to monitoring access permissions or providing any services excluding the MyWIRE Services. You represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement and have been permitted to do so by a Facility; (3) any User Content is not confidential; (4) the User Content is owned or properly licensed to User and does not violate any third party agreements; and (5) you shall use the Platform only for legal and lawful purposes. User shall indemnify and hold MyWIRE harmless for a breach of any provisions of this section.
9. User Content Generated
MyWIRE is not responsible for any User Content stored or generated via the Platform or the MyWIRE Services. User understands and agrees that the MyWIRE Services do not create or modify any User Content and any User Content is solely created by Facility or User. THE USER AGREES TO HOLD MYWIRE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE MYWIRE SERVICES OR ANY USER CONTENT. MYWIRE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF ANY USER CONTENT OR THE MYWIRE SERVICES. MyWIRE does not warrant any results, guarantee, endorse, or recommend any User Content and User's use of any User Content is at its own risk.
10. Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
11. User Content
User's ability to submit, download, access, store, or transmit any information through the Platform, including but not limited to written content, images, videos, or any other information will be referred to as "User Content". User Content includes "Client Data" as defined by the MyWIRE Subscription Agreement and MyWIRE Transcript Services Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content and you release us from any liability associated with any User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
For any User Content you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
For all User Content, you grant MyWIRE, its partners, affiliates, Facilities, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose as required. User Content may be shared with any third parties as required to provide the MyWIRE Services. MyWIRE has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any Facilities using the Platform. Specifically, MyWIRE shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
12. User Content Storage
MyWIRE at its discretion may make storage available on the Platform for any User Content. However, MyWIRE has no obligation to provide storage and does not represent or warrant that any User Content stored on the Platform shall be secure, complete, accessible, up-to-date, uncorrupted, or otherwise available at any time. MyWIRE may make changes to any User Content storage policies at its discretion.
13. Monitoring User Content
MyWIRE shall have the right, but not obligation, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, MyWIRE shall have the right, but not the obligation to remove, delete, or disable access to any User Content at its sole discretion.
14. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but MyWIRE reserves the right to suspend or terminate any account at any time.
15. Platform Security
You agree to exercise caution and common sense when using the Platform and agree that you will not submit any User Content that is considered confidential. Further, some or all portions of the MyWIRE Services may be accessible by third parties based on User's settings or the sharing of Users account access, User is solely responsible for any access by such third parties, whether such access is permitted or un-permitted.
16. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
17. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the MyWIRE Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
18. Idea Submission
MyWIRE or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to MyWIRE. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MyWIRE's products might seem similar to ideas you submitted to MyWIRE. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of MyWIRE, without any compensation to you; (2) MyWIRE may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for MyWIRE to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
19. Disclaimer
THE PLATFORM AND THE MYWIRE SERVICES IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MYWIRE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY MYWIRE SERVICES; (2) ANY INFORMATION OR USER CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MYWIRE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. MYWIRE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. MYWIRE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. MYWIRE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MYWIRE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
IN NO EVENT SHALL MYWIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYWIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY MYWIRE'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).
21. Indemnity
You agree to defend, indemnify and hold harmless MyWIRE, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the MyWIRE Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
You must sign this notification and send it to our Copyright Agent: Copyright Agent of MyWIRE, info@mywire.net or Copyright Agent – MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559.
Counter Notice
In the event that you receive a notification from MyWIRE stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: info@mywire.net or Copyright Agent- MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559.
23. Choice of Law
This Agreement shall be governed by the laws in force in the state of Illinois. The offer and acceptance of this contract is deemed to have occurred in the state of Illinois.
24. Disputes
Any dispute relating in any way to your visit to the Platform or the MyWIRE Services shall be submitted to confidential arbitration in Chicago, IL. Any and all disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration before one arbitrator in accordance with the then applicable rules of the JAMs (jamsadr.com). Any dispute shall be brought on an individual basis and not be consolidated with a class or group, or otherwise combined. Any arbitration shall take place in Chicago, IL. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Each party shall bear its own costs. Any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Cook County, IL.
Opt-Out
You may opt-out of this dispute resolution provision by notifying MyWIRE within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with MyWIRE through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Cook County, IL.
25. Class Action Waiver
You and MyWIRE agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
26. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with MyWIRE are deemed to conflict with each other's operation, MyWIRE shall have the sole right to elect which provision remains in force.
27. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Indemnification, and Arbitration sections.
29. Entire Agreement
This Agreement, the Additional Agreements, along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. The order of precedence for agreements is as follows in ascending order: (1) Additional Agreement, (2) this Agreement, and (3) Privacy Policy. Where any Additional Agreements directly conflict, such precedence shall be decided within such Additional Agreements. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Where this Agreement conflicts with our Privacy Policy or any other documentation listed on our website this Agreement shall supersede and control.
30. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
31. Electronic Communications
The communications between you and MyWIRE use electronic means, whether you visit the Platform or send MyWIRE e-mails, or whether MyWIRE posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from MyWIRE in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that MyWIRE provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
32. Relationship of Parties
This Agreement shall not be construed to create any association, partnership, joint venture, employee, worker or agency relationship between User and MyWIRE. The relationship of the parties is as independent contractors. User has no authority (and shall not hold himself or herself out as having authority) to bind MyWIRE and User shall not make any agreements or representations on MyWIRE's behalf without MyWIRE's prior written consent.
33. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about MyWIRE must be sent to our agent for notice to: info@mywire.net or MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559.
34. Platform Issues and Support
Where you have any questions, issues, or if you require support while using the Platform, please contact us at info@mywire.net.
MyWIRE TERMS AND CONDITIONS
Last Modified: November 14, 20241. Your Acceptance
Welcome to the MyWIRE Terms and Conditions. This is an agreement ("Agreement") between MYWIRE, LLC ("MyWIRE"), the owner and operator of https://mywire.net and MyWIRE software, application, components, and any associated services offered (collectively the "Platform") and you ("you", "your", or "User"), a User of the Platform. The MyWIRE Platform may offer User services ("MyWIRE Services") as applicable. Throughout this Agreement, the words "MyWIRE," "us," "we," and "our," refer to our company as is appropriate in the context of the use of the words.PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
By clicking "I agree", subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Terms and Conditions or the Privacy Policy and may notify you when we do so. If you do not agree to the Agreement or the Privacy Policy please cease using our Platform immediately.
2. Permission to Access the Platform
In order to access the Platform or any MyWIRE Services, you must be permitted to do so by a marketing research facility that utilizes MyWIRE software ("Facility"), or an affiliate of MyWIRE. The Facility is solely responsible for providing you access to the Platform. Please be aware that MyWIRE is not responsible and does not endorse or recommend any Facility. Any agreements you enter with the Facility are solely between you and such Facility and MyWIRE is not a party to such agreement. By accessing the Platform you represent and warrant that you have been permitted by a Facility to access the Platform, have permission to access or use any associated User Content (defined below), and agree that you will not violate any agreements that you have entered into with any Facility. Any statements made by Facility, whether written or oral, regarding the Platform or any related MyWIRE Services are non-binding on MyWIRE and shall have no contractual effect.3. Specific MyWIRE Services
If you wish to order specific My Services such as a software subscription or transcript services, you may be required to enter into additional agreements ("Additional Agreement(s)") with MyWIRE. Such Additional Agreements shall directly govern the specific MyWIRE Service provided within such Additional Agreement. MyWIRE is not required to offer any specific MyWIRE Services to you and any such offering of services is solely at the discretion of MyWIRE. MyWIRE reserves the right to modify or discontinue any specific MyWIRE Services along with any Additional Agreements at its discretion.4. User Accounts
Users may be required to register before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful, up-to-date, and accurate information when registering and must be over the age of 18. We reserve the right to verify all user credentials and to reject any Users. You are entirely responsible for: (1) maintaining the confidentiality of password and account information for your account; and (2) any and all activities that occur under your account. Where you create an account on behalf of an entity or organization you represent and warrant that you have been authorized to create a MyWIRE account and that you are able to bind such entity or organization to this Agreement. You agree to notify MyWIRE immediately of any unauthorized use of your account or any other breach of security. MyWIRE will not be liable for any losses you incur as a result of your usage of the Platform.5. Additional Access
After creating an account, we may grant you access to the Platform as permitted by us and in accordance with this Agreement. You may only use the Platform for your own internal business purposes and you may not share your access with others. If you breach this Agreement, your access to use our Platform may be terminated at our discretion. Additionally, we may revoke your access to our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct.6. MyWIRE Services
The MyWIRE Services may allow Users to access or store User Content through the Platform. Users may use the Platform and any MyWIRE Services solely as permitted and provided for by MyWIRE. Please be aware that any MyWIRE Services, except as expressly stated otherwise, are offered on an "as is" basis and MyWIRE makes no representations or warranties regarding the MyWIRE Platform or any of the MyWIRE Services offered. MyWIRE reserves the right to modify, change, and/or discontinue any and all portions of the MyWIRE Services at any time and may also remove or add MyWIRE Services at its sole discretion. 7. Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to MyWIRE and/or MyWIRE's licensors and that MyWIRE and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by MyWIRE. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by MyWIRE to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by MyWIRE. All rights not expressly granted in this Agreement are reserved for us.8. User Responsibilities
User shall be exclusively responsible for its use of the Platform including any sharing of its User Content (defined below). MyWIRE is not responsible for such User Content including but not limited to monitoring access permissions or providing any services excluding the MyWIRE Services. You represent and warrant that: (1) you shall use the Platform solely for your internal commercial purposes; (2) you are duly authorized and have the power and authority to enter into this Agreement and have been permitted to do so by a Facility; (3) any User Content is not confidential; (4) the User Content is owned or properly licensed to User and does not violate any third party agreements; and (5) you shall use the Platform only for legal and lawful purposes. User shall indemnify and hold MyWIRE harmless for a breach of any provisions of this section.9. User Content Generated
MyWIRE is not responsible for any User Content stored or generated via the Platform or the MyWIRE Services. User understands and agrees that the MyWIRE Services do not create or modify any User Content and any User Content is solely created by Facility or User. THE USER AGREES TO HOLD MYWIRE FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE MYWIRE SERVICES OR ANY USER CONTENT. MYWIRE WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF ANY USER CONTENT OR THE MYWIRE SERVICES. MyWIRE does not warrant any results, guarantee, endorse, or recommend any User Content and User's use of any User Content is at its own risk.10. Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.11. User Content
User's ability to submit, download, access, store, or transmit any information through the Platform, including but not limited to written content, images, videos, or any other information will be referred to as "User Content". User Content includes "Client Data" as defined by the MyWIRE Subscription Agreement and MyWIRE Transcript Services Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content and you release us from any liability associated with any User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.For any User Content you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
For all User Content, you grant MyWIRE, its partners, affiliates, Facilities, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose as required. User Content may be shared with any third parties as required to provide the MyWIRE Services. MyWIRE has no liability to Users for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any Facilities using the Platform. Specifically, MyWIRE shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
12. User Content Storage
MyWIRE at its discretion may make storage available on the Platform for any User Content. However, MyWIRE has no obligation to provide storage and does not represent or warrant that any User Content stored on the Platform shall be secure, complete, accessible, up-to-date, uncorrupted, or otherwise available at any time. MyWIRE may make changes to any User Content storage policies at its discretion.13. Monitoring User Content
MyWIRE shall have the right, but not obligation, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, MyWIRE shall have the right, but not the obligation to remove, delete, or disable access to any User Content at its sole discretion.14. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
- You may not interfere with or disrupt the Platform;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
- You agree that you will not hold MyWIRE responsible for your use of our Platform.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but MyWIRE reserves the right to suspend or terminate any account at any time.
15. Platform Security
You agree to exercise caution and common sense when using the Platform and agree that you will not submit any User Content that is considered confidential. Further, some or all portions of the MyWIRE Services may be accessible by third parties based on User's settings or the sharing of Users account access, User is solely responsible for any access by such third parties, whether such access is permitted or un-permitted.16. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.17. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform or the MyWIRE Services. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.18. Idea Submission
MyWIRE or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to MyWIRE. The sole purpose of this policy is to avoid potential misunderstandings or disputes when MyWIRE's products might seem similar to ideas you submitted to MyWIRE. Where you submit any Submission, whether solicited or unsolicited, you agree that: (1) your Submissions and their contents will automatically become the property of MyWIRE, without any compensation to you; (2) MyWIRE may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for MyWIRE to review the Submission; and (4) there is no obligation to keep any Submissions confidential.19. Disclaimer
THE PLATFORM AND THE MYWIRE SERVICES IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MYWIRE, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY MYWIRE SERVICES; (2) ANY INFORMATION OR USER CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MYWIRE, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. MYWIRE DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. MYWIRE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. MYWIRE DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND MYWIRE SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.20. Limitation of Liability
IN NO EVENT SHALL MYWIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYWIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY MYWIRE'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).21. Indemnity
You agree to defend, indemnify and hold harmless MyWIRE, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:- your use of and access to the MyWIRE Platform or any access to the Platform from your account;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the MyWIRE Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Copyrights
Takedown NoticeWe take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of MyWIRE, info@mywire.net or Copyright Agent – MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559.
Counter Notice
In the event that you receive a notification from MyWIRE stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: info@mywire.net or Copyright Agent- MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559.
23. Choice of Law
This Agreement shall be governed by the laws in force in the state of Illinois. The offer and acceptance of this contract is deemed to have occurred in the state of Illinois.24. Disputes
Any dispute relating in any way to your visit to the Platform or the MyWIRE Services shall be submitted to confidential arbitration in Chicago, IL. Any and all disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration before one arbitrator in accordance with the then applicable rules of the JAMs (jamsadr.com). Any dispute shall be brought on an individual basis and not be consolidated with a class or group, or otherwise combined. Any arbitration shall take place in Chicago, IL. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Each party shall bear its own costs. Any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Cook County, IL.Opt-Out
You may opt-out of this dispute resolution provision by notifying MyWIRE within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to MyWIRE 999 Oakmont Plaza Dr., Suite 600, Westmont, IL 60559, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with MyWIRE through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Cook County, IL.