2. GOVERNING LAW
THIS AGREEMENT AND YOUR USE OF THE WEBSITE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
3. USE OF THE WEBSITE
You may only use this Website for its intended purpose and solely in accordance with this Agreement. In addition, you may not restrict or inhibit any other person from using or enjoying the Website. The Website may contain links to other Internet Websites and third-party resources. Branch is not responsible for either the availability of these outside resources or their content, including for any legal services you may obtain by contacting any person as a result of use of the Website or the features hereof. Branch may, but is not obligated to, monitor your use of the Website.
4. INTELLECTUAL PROPERTY
The content of this Website is protected by law, including without limitation United States copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Branch’s legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Branch. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Branch or the appropriate copyright owner. Branch does not grant you any licenses, express or implied, to the intellectual property of Branch or its licensors except as expressly stated in this Agreement.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Send any notices of suspected Copyright Infringement issues to firstname.lastname@example.org and reference Copyright Issues in the subject line.
5. TRANSMISSION OF CONTENT
6. RELATIONSHIP WITH DWOLLA
OTHER TERMS FOR BRANCH PAY
Branch will recoup monies for payments made to you through Branch Pay directly from your bank account. By requesting a payment through Branch Pay, you authorize Branch to initiate debit and credit entries to your bank account, or if you link a debit card to your account, you authorize Branch to charge your debit card, for all payments you agreed to pay Branch. You agree to maintain a balance that is sufficient to fund all payments you initiate. Branch reserves the right to charge your bank account at any time on or after the day the paycheck associated with the earned wages you have requested are expected to deposit into your account; however, Branch will attempt to avoid charging your bank account if we believe your bank account does not contain sufficient funds to cover repayment of a payment in the pay period. Our failure to charge your bank account for funds within a set amount of time does not constitute a waiver of our right to charge your account for such funds. You represent and warrant that you have the right to authorize us to charge your account for payments due to us under these Terms. You will indemnify and hold Branch harmless from any claims by any other owner of the account.
Branch will not collect fees or interest on any payments made to users through Branch Pay. Branch will not seek collection for non-payment.
7. INTERNATIONAL USE
This Website is controlled and operated by Branch from within the United States. Branch makes no representations that materials contained within the Website are appropriate or available for use in other locations, and access to the Website from locations where such activity is illegal is prohibited. Those who choose to use the Website from other locations do so on their own initiative and are solely responsible for compliance with all applicable laws.
8. U.S. GOVERNMENT RESTRICTED RIGHTS
The content of this Website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in applicable laws and regulations.
9. LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT SHALL BRANCH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE PRODUCTS OR YOUR USE OF THE WEBSITE, EVEN IF BRANCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BRANCH'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO BRANCH FOR USE OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
This Agreement may be modified by Branch at any time by updating and posting a new version on the Website or by otherwise notifying you of the revised Agreement. By using the Website and/or the application, you agree to be bound by the terms and conditions of the version of this Agreement that is in force during such use.
11. TERM AND TERMINATION
This Agreement is effective as of the date of your first access or use of the Website and/or application, and shall remain in effect for the duration of your access or use. This Agreement shall automatically terminate upon your breach of the Agreement.
The state or federal courts sitting in Minneapolis, MN shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and you hereby consent to the jurisdiction of such courts. This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximum extent allowable under applicable law. The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement. The section headings used herein are for convenience only and shall not be given any legal import. Customer Accounts may only be created for end users that are 18 years or older and residents of the United States of America. You agree that you will not open or attempt to open a Customer Account for any end user that does not meet these criteria and that you will use appropriate measures, technical or otherwise, to do so.