Terms of Service Print
Modified on: Fri, 29 May, 2020 at 7:08 PM
Effective Date: March 23, 2020
WE MAY OBTAIN CERTAIN DATA THAT INCLUDES, BUT IS NOT LIMITED TO PLAN BENEFITS, RATES, AND FEATURES LIKE NETWORK AND FORMULARIES FROM A VARIETY OF THIRD PARTY SOURCES OVER WHICH WE HAVE LIMITED CONTROL. WHILE WE TAKE ALL REASONABLE MEASURES TO ENSURE THE ACCURACY OF THESE SOURCES AT ALL TIMES, WINGSPAN CANNOT GUARANTEE THAT OUR INFORMATION ABOUT PLAN RATES AND/OR AVAILABILITY, PROVIDER NETWORKS, FORMULARY DESIGNS, OR OTHER COSTS, FEES, OR TAXES ARE 100% ACCURATE. BY USING OUR SITE YOU ASSUME THE RISK THAT ERRORS MAY OCCUR AND WE ARE NOT LIABLE TO YOU FOR SUCH ERRORS.
As used in these Terms, “Wingspan Membership” means the membership you have with us for the Services. We may further refer to you as a Member herein.
The purpose of the Services is to assist your enrollment and participation in certain benefits and savings with limited effort.
Wingspan is neither providing financial advice, broker services, legal advice, nor acting as a debt collection agency by providing you with the Services. At no time do we draw financial, legal, or collections-based conclusions; provide financial advice, legal advice, or advice regarding collecting debts you are owed; opinions or recommendations about your financial, legal, or creditor rights, remedies, defenses, options, selection of forms, or strategies; and at no time do we apply the law to the facts of your particular situation. Wingspan is not a financial institution or financial services organization, law firm, or debt collection agency and may not perform services performed by a financial advisor, attorney, or debt collector. Wingspan and its Services are not a substitute for the advice or services of a financial advisor, attorney, or collection agency. Because the law and regulations change rapidly, Wingspan cannot guarantee that all of the information on the Site or Application is completely current. Laws and regulations are different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Financial advice, the law as it applied to you, and debt collection, are personal matters, and no general information or financial, legal, or other tool like the kind Wingspan provides can fit every circumstance. Furthermore, the financial, legal, and creditor information contained on the Site and Application is not financial, legal, or debt collection advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need financial, legal, or debt collection advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed financial advisor, attorney, or debt collection agency in your area. The Site and Application are not intended to create any advisor or attorney-client relationship, and your use of Wingspan does not and will not create an advisor or attorney-client relationship between you and Wingspan.
WINGSPAN INCOME, BENEFITS, TAXES, AND OTHER SERVICES
Any communications through the Site or Application require that we intercept, read, process, and transmit messages between you and any third party service providers that we may work with. If you send or receive messages through our Site or Application at any time, you consent to our processing those messages in a way we think might be useful for our users or our business.
After terminating your membership with Wingspan, and if your membership includes certain applicable Benefit Services, Wingspan is still responsible for maintaining your health information in accordance with HIPAA practices, and is responsible for transferring your information at your request to other providers.
BENEFIT SERVICES – Payment Processing Services
In connection with your Wingspan Membership, you may choose to enroll in our invoicing Benefit Service (“Payment Processing Services”). Pursuant to the Payment Processing Services, Wingspan will give your clients an efficient and simple way to pay for your services by sending a custom created digital invoice to the client’s e-mail address that you provide. You may customize your invoice, choose to send recurring invoices, monitor when the invoice has been viewed and paid, and send estimates that can easily be converted to an invoice, directly from your Wingspan Membership.
After your Connect Custom Account has been created, you may create and send a custom digital invoice to your clients directly from your Wingspan Membership account. Notwithstanding the foregoing, you may not use the Payment Processing Services in connection with the following categories of businesses and business practices ("Restricted Businesses"):
- Investment & credit services;
- Money and legal services;
- Virtual currency or stored value;
- Intellectual property or proprietary rights infringement;
- Counterfeit or unauthorized goods;
- Regulated or illegal products or services;
- Adult content and services;
- Get rich quick schemes;
- Mug shot publication or pay-to-remove sites;
- No-value-added services;
- High risk businesses;
- Multi-level marketing;
- Pseudo pharmaceuticals;
- Social media activity;
- Substances designed to mimic illegal drugs;
- Video game or virtual world credits;
- Use of the Payment Processing Services in a manner inconsistent with its intended use or as expressly prohibited in the Stripe Services Agreement
To learn more about Restricted Businesses, see Stripe’s Restricted Businesses List.
Periodically, members can potentially earn additional Rewards through promotions where the member will be invited to complete certain tasks. Members are subject to the terms and conditions of engagement Rewards promotions.
USE OF AND REQUIREMENTS TO USE THE SITE, APPLICATION, AND SERVICES
- Shall register a membership with us on the Site or the Application;
- Confirm that you are a U.S. citizen of at least 18 years of age and are legally able to enter into a contract;
- Have a bank account with a U.S. financial institution;
- Provide all information requested by us, including Personal Information; and
- Shall pay the Membership Fee as specified herein.
For our compliance purposes, and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and bank account information. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you, such as:
- A copy of your government-issued photo ID, such as a passport or driver’s license;
- A copy of a utility bill, bank statement, affidavit, or other bill, dated within three (3) months of our request, with your name and U.S. street address on it; and
- Such other information and documentation that we may require from time to time.
By using the Site, Application, and/or Services and providing Personal Information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you and your bank account from the financial institution holding your bank account and other third-party websites and databases as necessary to provide the Services to you. For the purposes of such authorization, you hereby grant Wingspan and our third-party service providers a limited power of attorney and you hereby appoint Wingspan and our third-party service providers as your true and lawful representative and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities to access third-party websites, servers, and documents; retrieve information; and use your Personal Information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.
YOU ACKNOWLEDGE AND AGREE THAT IF Wingspan OR OUR THIRD-PARTY SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM SUCH THIRD-PARTY WEBSITES, Wingspan AND OUR THIRD-PARTY SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY.
You agree that other third-parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites and databases for accuracy, legality, or non-infringement.
You will be responsible for paying, withholding, filing, and reporting all applicable taxes, duties, and other governmental assessments associated with your activity in connection with the Services.
SITE CONTENT, OWNERSHIP, AND USE RESTRICTIONS
The information contained on this Site including all images, illustrations, designs, photographs, video clips, writings and other information or items that appear on the Site”) are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Content”) by Wingspan or are the property of their respective owners. We may, but are not obligated to, monitor your use of the Services and Content.
The term WINGSPAN and the W logo are trademarks of Wingspan Networks, Inc. Neither the Site, Application, Services, nor the Content therein may be copied, reproduced, downloaded, displayed, performed, modified, republished, uploaded, transmitted, mirrored in any manner, or distributed except as explicitly stated herein. Modification or use of the Content for any other purpose is a violation of the respective owner’s copyright and other proprietary rights, and is strictly prohibited.
The Site may also contain links to third-party websites that are not owned or controlled by Wingspan. We provide such links for your reference only and such provision does not imply our endorsement of such third-party websites or services or any association with their owners or operators. Wingspan makes no representations or warranties regarding any website, information, or content that may be accessible through this Site, Application, and/or Service that is not maintained, controlled or created by Wingspan. Further, if you choose to leave this Site via links to other non-Wingspan sites, Wingspan assumes no responsibility for the content, privacy policies, cookies, or practices of any third-party websites.
You are authorized to use the Site, Application, Services, and the Content therein, solely for your own personal and non-commercial use, and all other uses are prohibited. You agree neither to use the Site, Application, and/or Services to act on behalf or for the benefit of a third-party, nor to allow a third-party to have access to your username or password in order to use the Site or Services.
Furthermore, you agree that:
- your use of the Site, Application, and the Services shall comply with all applicable laws;
- you shall not modify, translate, disassemble, reverse engineer any portion of the Site or Services, or otherwise seek to obtain the source code of the Services or Content;
- you shall not launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Wingspan servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Wingspan grants the operators of public search engines permission to use spiders to copy Content from the Site for the sole purpose of creating publicly available searchable indices of the Content, but not caches or archives of such Content and provided that such spiders do not affect operation of the Site. Wingspan reserves the right to revoke these exceptions either generally or in specific cases;
- you shall not collect or harvest any Personal Information, including e-mail addresses, from the Site or Application, nor to use the communication systems provided by the Site or Application for any commercial solicitation purposes;
- you shall not solicit, for commercial purposes, any users of the Site or Application with respect to their Transmissions (as defined below);
- you shall not create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;
- you shall not transmit any viruses, worms, defects, trojan horses or other items of a destructive nature;
- you shall not use the Site, Application, or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; and
- you shall not use any device, software or routine that interferes with the proper working of the Site, Application, and/or Services.
CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS
In order to ensure that we are able to provide Communications to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile on the Site or Application. You should print and save and/or electronically store a copy of all Communications that we send to you electronically.
Wingspan will charge the Membership Fee for your next billing cycle (as selected by you at the time of payment) to your bank account at the end of the free trial period. Your membership will automatically renew unless you cancel your membership prior to the end of the free trial period. The Membership Fee is non-refundable.
Authorization For ACH Debits And Credits
Our third-party providers, may debit the Membership Fee on a monthly basis from your selected Payment Method. If you choose your bank account as your Payment Method, our third-party providers will debit the Membership Fee pursuant to your ACH authorization provided below. The Membership Fee is non-refundable, except as otherwise required by applicable law. We may change the amount, frequency, and debit date of the Membership Fee from time to time in our sole discretion. We will notify you in advance of any change to the Membership Fee by sending you an e-mail, by posting a notice on the Site and the Application, and/or by any other method permitted by applicable law. By accessing or using the Services after any change to the Membership Fee takes effect, you agree to pay the Membership Fee, as modified.
- Amount of Debits: Membership Fee as further described herein;
- Frequency of Debits: one-time charge, monthly, or annually, as selected by you at the time of payment.
DISCLAIMER OF WARRANTY
WINGSPAN IS PROVIDING THIS SITE, APPLICATION, SERVICES, AND CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND/OR NON-INFRINGEMENT. ALTHOUGH WINGSPAN BELIEVES THE SITE, APPLICATION, SERVICES, AND CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, WINGSPAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THE SITE OR APPLICATION IS ACCURATE, COMPLETE, OR CURRENT. WINGSPAN DOES NOT WARRANT THAT THE SERVICES, DESCRIPTIONS, INFORMATION OR CONTENT INCLUDED ON THE SITE OR APPLICATION, AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED.
WITHOUT LIMITING THE FOREGOING, WE AND OUR THIRD-PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT (1) THE SITE, APPLICATION, SERVICES, AND CONTENT WILL MEET YOUR REQUIREMENTS, (2) THE SITE, APPLICATION, SERVICES, AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATION, SERVICES, AND CONTENT WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
The Content and Services described on the Site or Application may be out of date and Wingspan makes no commitment to update the information regarding Content and the Services on the Site. However, in an effort to provide its customers with the most current information, Wingspan will, from time to time, make changes in the Content and in the Services described on this Site.
Any Content or other material downloaded or otherwise obtained through the Services is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL WINGSPAN OR ITS THIRD-PARTY SERVICES PROVIDERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY FOR (1) THE PERFORMANCE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES; (2) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNT TRANSFERRED FROM YOUR BANK ACCOUNT TO YOUR WINGSPAN MEMBERSHIP VIA THE SERVICES; (3) ANY EVENT BEYOND OUR REASONABLE CONTROL; OR (4) SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE APPLICATION, OR THE USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, WHETHER OR NOT WINGSPAN IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES (COLLECTIVELY, “DAMAGES”).
THIS DISCLAIMER OF LIABILITY FOR DAMAGES INCLUDES, BUT IS NOT LIMITED TO DAMAGES FOR (1) LOSS OF USE, GOODWILL, DATA, OPPORTUNITY, OR PROFITS, OR COST OF PROCURING SUBSTITUTE SERVICES; (2) the transmission of any viruses, data or harmful code that may affect your equipment or anyone else’s equipment; (3) any incompatibility between the Website’s files and your browser or other website accessing program, (4) any failure of any electronic or telephone equipment, communication or connection lines, unauthorized access, theft, operator errors, or any force majeure, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENT OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF WINGSPAN’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
The Content and information displayed on the Site, Application, and the Services is fact-checked to the best of Wingspan’s abilities but may contain inaccuracies or errors of typing, spelling, intent, or presumption. Wingspan specifically disclaims any liability for such inaccuracies or errors. It is your responsibility to evaluate the accuracy, reliability, timeliness, and completeness of any information available on the Site.
Wingspan does not guarantee continuous, uninterrupted, or secure access to the Site or a linked website.
You agree that as between Wingspan and our third-party service providers, any Content, Personal Information or other information that you transmit to this Site, the Application, or otherwise provided to or obtained by Wingspan (“Transmissions”) shall be and remain Wingspan’s property. By submitting any Transmissions to Wingspan, you represent and warrant that:
- the Transmissions are true, accurate, current, and complete;
- you are not and shall not misrepresent your identity or your Personal Information;
- you shall promptly notify us of changes to your Personal Information by updating your Wingspan Membership on the Site or Application; provided however, that you must notify us at least three (3) Business Days before any changes to your bank account information, including, but not limited to, the closure of your bank account for any reason by emailing firstname.lastname@example.org or by updating your Wingspan Membership via the Website or the Application.
- you are the sole author and owner of the Transmissions and any intellectual property rights thereto;
- all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
- you are at least 18 years old and are legally able to enter into a contract; and
You further agree and warrant that you shall not submit any Transmissions:
- that are known by you to be false, inaccurate or misleading;
- that infringes any third party’s intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that are, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that include any information that references other websites, addresses, email addresses, contact information or phone numbers that are unrelated to you or the company or individual you have been authorized by; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmissions that are not owned by Wingspan, you grant Wingspan a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such Transmission, and/or incorporate such Transmission into any form, medium or technology throughout the world without compensation to you.
By submitting your email address or user name to Wingspan or its third-party service providers in connection with your Transmissions, you agree that Wingspan and its third party service providers may use your email address to contact you about the status of your Transmissions and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
Wingspan does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Wingspan will remove any material or Transmissions if properly notified that such material or Transmissions infringe on another’s intellectual property rights. If you believe any Content on the Site infringe your copyright or trademark rights, you may request such Content be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Wingspan’s designated agent (address below) and provide the following information:
- A clear statement identifying the works, or other Content believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the Content are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Content so that Wingspan can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner's behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
Wingspan’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
Wingspan shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Wingspan may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
- you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
- you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto a membership account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
- you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.
NOTICE FOR CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to email@example.com. You may also contact us by writing to Wingspan Networks, Inc., Attn: Anthony Mironov, CEO, 335 Madison Ave, 16th Floor, New York, NY, 10017, USA or by calling [insert]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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