Terms of Service

These Terms of Service, along with any other documents incorporated by reference below (collectively, the “Terms”), are a contract between TruckersB2B, LLC (collectively with its successors and assigns, “we”, “us” or “our”), and the Entity creating an account with us (a “Business Account”) (collectively with its permitted assigns or successors in interest, “you”, “your” or “yourself”). An “Entity” is any individual, sole proprietorship, corporation, general or limited partnership, limited liability company, or any other form of llegal entity meeting the eligibility requirements described below who creates a 10-4 by WEX Business Account (a “Business Account”).

These Terms govern the use of your Business Account, including without limitation in connection with, as available and as defined below, the 10-4 by WEX website and mobile applications, and any other services and offerings we may offer or provide to you from time to time (collectively, the “Services”).

If you allow a User to access or use the Business Account or any of the Services, you agree that you are responsible under these Terms for all such access and use(s) made by that User, regardless of whether you intended to be responsible for all of them, as well as for all associated fees, charges and taxes, if any.

These Terms include the additional terms and conditions contained in the following documents, each as may be amended from time to time by us:

• WEX Privacy Notice;
• WEX Cookie Notice; and
• WEX Inc. Terms of Use;
• Any additional terms and conditions, rules, regulations, operating procedures, and related requirements we provide to you or establish related to any of our products and Services.

You should carefully read these Terms, including the documents listed above, and retain them for your records.

We reserve the right to change these Terms at any time in our sole discretion without advance notice, subject to applicable law. The current version of these Terms is available at: https://10-4.wexinc.com/Legal. We will post changes to these Terms on our website and any such Terms will be effective at the time of posting. We will provide notice to you of any change we believe to be material, or as required by applicable law. By continuing to use the Services after any change to these Terms is posted, you acknowledge and agree to be bound by the change. If you do not agree with any such change, you may cease using the Services and close your Business Account.

You understand and agree that use of the Services as contemplated by these Terms is subject to the availability of such Services. You further understand and agree that not all Services may be available to you and that we may add, change or discontinue the Services available to you at any time.

1. ELIGIBILITY REQUIREMENTS

   A Business Account is available to any Entity which: (1) is a United States (“U.S.”) citizen or lawful permanent resident residing in an Eligible Location or is a corporation, general or limited partnership, limited liability company or any other form of legal entity formed or organized under the laws of the U.S., any U.S. state, the District of Columbia or Puerto Rico and located in an Eligible Location; (2) if an individual, is at least 18 years of age (or the age of majority in your state of residence); (3) has a U.S. physical address or military address (e.g., APO or FPO); and (4) has a valid Social Security Number, Employer Identification Number or Tax Identification Number. An “Eligible Location” is any U.S. state, the District of Columbia and Puerto Rico.

   A Business Account is only available for business or commercial purposes and, by creating a Business Account, you certify and agree that you will only use the Business Account for such purposes, and that the Business Account may not be used for personal, family or household purposes of any kind.

2. CONTACTING YOU; CONSENT FOR E-MAIL, PHONE AND TEXT COMMUNICATIONS

   Solely for purposes of this section, the terms “you” and “your” mean the person agreeing to these Terms, as or on behalf of an Entity, in their personal capacity. To the extent permitted by applicable law, you authorize us and our affiliates, agents, successors, assigns and service providers (collectively, the “Messaging Parties”) to contact you using voice, automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems and automated e-mail systems in order to provide information about the Services or to provide or obtain information related to your use of the Services. You authorize each of the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or e-mail addresses you supply to any of the Messaging Parties in connection with the Services. You understand that anyone with access to your telephone or e-mail account may listen to or read the messages the Messaging Parties leave or send, and you agree that the Messaging Parties will have no liability for anyone accessing, listening to or reading such messages. You further understand that, when you receive a telephone call, text message or e-mail, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree the Messaging Parties will have no liability for such charges except to the extent required by applicable law. You agree this authorization constitutes a bargained for exchange for consideration. To the extent you have the right under applicable law to revoke this authorization, you agree you may do so only by e-mailing the Messaging Parties at mobilesupport@wexinc.com with the subject line “Contact Opt-Out”. If any telephone number you have provided to any of the Messaging Parties changes, or if you cease to be the owner, subscriber or primary user of any such telephone number, you agree to immediately give us notice of such facts so the Messaging Parties can update their records. You expressly authorize each of the Messaging Parties to monitor and record your calls with such Messaging Party(ies).

3. ELECTRONIC COMMUNICATIONS DISCLOSURE AND CONSENT

   By creating a Business Account or using the Services, you consent to receive electronic Communications from us regarding your Business Account as described in this section.

   1. Scope of Consent

      You agree that we may electronically deliver any agreements, disclosures required by federal or state law, notices or other information or communications regarding your Business Account, the use of our websites and our relationship with you (collectively, the “Communications”). You should print or save a copy of any electronic Communication you receive from us. We reserve the right to provide a paper copy of any Communication you authorize us to provide electronically.

   2. Right to Receive Paper Copies

      Upon your request, we will provide you with a paper copy of any Communication we have provided electronically. You may request a paper copy by emailing us at mobilesupport@wexinc.com. We may charge you a fee to provide paper copies, as may be set forth from time to time. Any request for a paper copy will not by itself constitute a withdrawal of your consent to receive electronic Communications.

   3. Right to Withdraw Consent

      You may withdraw your consent to receive electronic Communications at any time. To do so, send us an email stating that you withdraw your consent to receive electronic communications to mobilesupport@wexinc.com. Include your name and Business Account number in any such request. Your withdrawal will be effective only after we have a reasonable period of time to process your request. After the effective date of your withdrawal, we will send any required future Communication to you in paper form. We will not charge any fee in connection with any withdrawal of your consent. After your withdrawal is effective, we may charge you any applicable fee for any Communication provided in paper form. Your withdrawal will not affect any Communications that were provided electronically before the effective date of your withdrawal.

   4. Hardware and Software Requirements

      To electronically receive and view and electronically save or print the Communications, you must have: (i) a personal computer, mobile phone or other device with Internet access; (ii) a widely-used, recent-generation web browser (for example, Safari, Firefox or Chrome); (iii) a widely-used, recent-generation portable document file (“PDF”) reader (for example, Adobe Reader); (iv) an email address; and (v) either a printer, hard drive or other storage device. You understand that we may send Communications to you by email containing attachments in PDF format or in HTML format or make Communications available to you via other electronic forms. You should make sure that any spam filter you use is set to allow receipt of emails from us. You represent that you have the hardware, software, email address, and email capacities described above.

   5. Updating Your Records

      You agree to notify us immediately of any changes to your email address, contact information or any other information related to your ability to receive electronic or paper Communications. You can update this information by directly editing your Business Account information in the application or emailing mobilesupport@wexinc.com.

4. CREATING A BUSINESS ACCOUNT

   In order to use the Services, you must first register and create a Business Account. The Business Account will be in the name of an Entity. Each person creating a Business Account or otherwise submitting the required information certifies they are duly authorized to act on behalf of the Entity and that all information provided is true, accurate and not misleading.

   Important information about procedures for creating a Business Account: To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify and record information identifying each Entity who opens a Business Account. This means that when you open a Business Account, we may ask for your name; street address; Social Security Number, Taxpayer Identification Number or Employer Identification Number; date of birth (if applicable) and other information that will allow us to identify you. We may also ask to see identifying documents, such as a driver’s license or business related documents such as proof of business existence. During the Business Account opening process or thereafter, we may ask for additional information about your business and the industries in which you operate, signatures or documentation from you as part of our ongoing customer due diligence. You agree to assist us by promptly complying with any such request. You agree to notify us immediately if you change industries, enter additional industries or make any other changes regarding the industries in which you operate. You further agree to hold us harmless for refusing to pay or release funds, or take any other action relating to your Business Account where the refusal is based on your failure to provide the information, signatures or documentation requested by us. We reserve the right to reject any application or to close any Business Account if we are unable to verify your identity, the identity of an Entity’s beneficial owners or the valid existence of an Entity.

   Each User must also be registered with us in order to access the Business Account. As part of registration, we will collect certain information about each User, including a name, address, e-mail address, telephone number and other contact or identifying information. By submitting such information, each of you and each User certifies the information is accurate and complete and agrees to keep such information up to date at all times by notifying us promptly of any change in such information. We may require additional documentation to process the change. You agree that any User you allow to access or use the Business Account or any of the Services is duly authorized to act on behalf of the Entity in all respects with regard to such use and the activities contemplated in these Terms.

   If you or anyone with a right to withdraw funds dies or is adjudicated incompetent, we may continue to honor your transactions and instructions until we know of the death or adjudication and have had a reasonable opportunity to act on that knowledge.

5. ACCOUNT SECURITY

   Each User must maintain a valid and unique username and a valid and unique password (together the “Login Credentials”) in order to access the Business Account. We may also require each User to comply with any additional security procedures, such as providing a device on which to receive a multifactor authentication code, one-time password or similar authentication token or mechanism. Each User is responsible for maintaining the security and confidentiality of their Login Credentials.Only those Users with valid Login Credentials will be permitted to access the Business Account and use the Services. You agree that the requirement of Login Credentials in combination with any additional security procedures we have in place constitute commercially reasonable security procedures for limiting access to those persons you have authorized to have such access, and for permitting us to verify that any access or communication was properly authorized by you. You acknowledge and agree you have had the opportunity to review these security procedures and have determined that they are reasonable based upon your consideration of the size, type and frequency of payments, funds transfers, withdrawals and communications you intend to originate and alternative security procedures available. We reserve the right to modify our security procedures or to impose additional security procedures at any time. By continuing to use the Services, you acknowledge and agree to be bound by such modified security procedures. If you do not agree with any such modifications, you may cease using the Services and close your Business Account.

   You agree to immediately notify us at mobilesupport@wexinc.com if you believe your Business Account has been compromised or accessed without authorization or if someone has attempted to access your Business Account without authorization. Each User agrees to immediately notify us if their Login Credentials have been lost, stolen or compromised. If you fail to timely notify us, you will be fully liable for any payments, funds transfers or withdrawals, except as otherwise provided by applicable law.

6. FEES AND OTHER CHARGES

   With advanced notice we may impose fees or other charges, including but not limited to subscription plan fees, transaction fees or payment error fees in providing you with access to certain Services. In our sole discretion, we may make promotional offers with different features and different pricing to any of our customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. You agree to pay us the full amount of any fee or charge at the time it is imposed. We reserve the right to close your Business Account due to any unpaid fees or charges.We reserve the right to change the amount of any fees or charges from time to time, in our sole discretion. We will notify you of such changes as required by applicable law.

   By continuing to use the Services after any such changes, you acknowledge and agree to be bound by those changes. If you do not agree with any such changes, you may cease using the Services and close your Business Account.Fuel Codes are for one-time use only. Any credits are redeemable solely for purchase of Fuel Codes and cannot be cashed out.You authorize us to debit the payment method specified in your Business Account in the amount of any applicable fees, charges or taxes. We may seek pre-authorization of your payment method prior to your purchase to verify that the payment method is valid and has the necessary funds or credit available to cover your purchase.

   If we are unable to collect the amount of any fees, charges or taxes, you agree to pay all amounts immediately upon notice of non-payment from us.

7. THIRD PERTY SERVICE PROVIDERS

   You agree we may engage certain third party service providers to offer Services to you. You agree we may share information you provide to us with any third party service providers in accordance with our Privacy Notice. You further agree that any such third party service provider has the right to store, share, use, disclose, reformat and distribute and otherwise process such information, and that upon our request, you will provide or arrange for the provision of such information in a manner that is suitable for any third party service provider for purposes of offering or providing any of its products or the Services.You may access third party websites, software, systems or applications when using the Services. You understand and agree we do not control third party service providers and we are not responsible or liable for the content, operation or use of their websites, software, systems or applications. We are not responsible or liable for any issues, damages, losses or expenses caused by any of those third parties, or by your accessing or using any of their websites, software, systems or applications, including but not limited to any unavailability of such services, errors, data loss or monetary loss you may incur.By using the Services, you agree to be bound by any terms and conditions or privacy policies of any third party service provider we engage. You are solely responsible for reviewing any such terms and conditions and privacy policies. You agree not to use the name or mark of any third party service provider publicly, for marketing, or for any other purpose.

8. USE OF INFORMATION

   You agree we may use any information we obtain in connection with your use of the Services in our sole discretion, except as otherwise provided by applicable law, and consistent with our privacy policies. This includes, but is not limited to, any information you provide to us as well as any information we obtain through any third party or software application you connect to your Business Account (including any enterprise resource planning software). You further agree that we may use this information to market any of our products or any of our affiliate’s products to you, consistent with our applicable privacy policies.

9. INACTIVE ACCOUNTS

   We will consider your Business Account to be inactive when it is not accessed for ninety (90) days. If your Business Account becomes inactive, we may close your Business Account. We may charge you an inactive account fee, to the extent one has been established, and deduct the amount of any such fee from the funds to be transferred under this section.

10. CLOSING YOUR BUSINESS ACCOUNT

    You may close your Business Account by emailing us at mobilesupport@wexinc.com. You must provide us with at least thirty (30) days’ advance written notice in order to close your Business Account. We reserve the right to refuse your request if you have a negative balance or otherwise owe any amount to us. We will return any remaining balance via a check mailed to the business address we have on file for you.Your Business Account closure request will be effective immediately for accounts with no monthly subscription packages, while accounts using monthly subscription packages will be closed at the last date of the current paid-for period.

11. PROHIBITED ACTIVITIES

    You may not, directly or indirectly:

    • Breach any of these Terms;
    • Violate any applicable federal, state or local law, ordinance or regulation or any applicable network rule in connection with accessing or using your Business
    • Account or any of the Services, or otherwise in relation to or in connection with these Terms;
    • Use your Business Account for any illegal purpose;
    • Use your Business Account for any consumer or other personal, family or household purpose;
    • Engage in any of the following industries (each a “Restricted Industry”): gambling, payday lending, money services businesses, marijuana related businesses, providing adult content, selling counterfeit goods, or any form of illegal industry or activity;
    • Facilitate any payments to OFAC sanctioned countries or to specially designated nationals;
    • Provide false, inaccurate or misleading information;
    • Send or receive any fraudulent funds;
    • Refuse to cooperate in any investigation of unauthorized activity;
    • Circumvent any security procedures;
    • Attempt to transfer or assign any of your rights under these Terms; or
    • Fail to correct a negative Business Account balance.
    If we believe you have engaged in any of the above activities, we may, in our sole discretion:
    • Close your Business Account
    • Suspend your Business Account
    • Limit your access to the Services; or
    • Take legal action against you.
12. TERMINATION AND SUSPENSION; OUR RIGHT TO FREEZE FUNDS

    We reserve the right to terminate these Terms and the Services and to suspend or close your Business Account at any time and for any reason or no reason. We may delay availability of funds being credited to your Business Account for any reason including, but not limited to, if we believe your account is involved in any legal proceeding or any unauthorized, illegal or fraudulent activity; if we suspect you may be the victim of fraud; or to comply with federal, state or local law.

    Customer requests to terminate their Business Account must be received thirty (30) days in advance of said termination.

13. GOVERNING LAW

    Except as otherwise explicitly stated, these Terms and all matters arising from your use of the Services are governed by federal law and the laws of the state of Delaware, without regard to principles of conflicts of law. These Terms are further subject to, as applicable, the rules and regulations of any payment network(s) utilized by us to assist in providing the Services to you.

14. ARBITRATION

    PLEASE READ THIS PROVISION OF THE TERMS CAREFULLY.

    This section provides that disputes may be resolved by binding arbitration. Arbitration replaces the right to go to court, have a jury trial or initiate or participate in a class action. In arbitration, disputes are resolved by an arbitrator, not a judge or jury. Arbitration procedures are generally simpler and more limited than in court. This arbitration provision is governed by the Federal Arbitration Act (“FAA”), and shall be interpreted in the broadest way the law will allow.

    Covered Claims. (a) You or we may arbitrate any claim, dispute or controversy between us arising out of or related to these Terms, the relationship between us, or any other product or service provided by or through us (called “Claims”). Claims include disputes relating to incentives or benefits relating to your Business Account. A Person who asserts a Claim, or against whom a Claim may be asserted, that is subject to this Arbitration provision may be referred to as a “Covered Person.” A “Person” is an individual, corporation, general or limited partnership, limited liability company, trust or other organization or other form of legal entity. (b) If arbitration is chosen by a Covered Person, then no Covered Person will have the right to litigate that Claim in court or have a jury trial on that Claim. (c) Except as stated below, all Claims are subject to arbitration, no matter the legal theory on which they are based on or the remedy (damages, or injunctive or declaratory relief) they seek, including Claims based on contract, tort (including intentional tort), fraud, agency, any Person’s negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; Claims made regarding past, present or future conduct; and Claims made independently or with other Claims. This also includes Claims made by or against any Person connected with your or us, or by a Person making a Claim through you or us, such as a User, employee, agent, representative or an affiliated/parent/subsidiary company.

    Arbitration Limits. (a) Individual Claims filed in a small claims court are not subject to arbitration, as long as the matter stays in small claims court. (b) Claims brought as part of a class action, private attorney general or other representative action can be arbitrated only on an individual basis. The arbitrator has no authority to arbitrate any claim on a class or representative basis and may award relief only on an individual basis. If arbitration is chosen by any Covered Person, the Covered Person asserting the Claim may not pursue the Claim as part of a class action or other representative action. Claims of two (2) or more Persons may not be combined in the same arbitration. However, applicants, Users on a single Business Account and/or related Business Accounts or corporate affiliates are considered as one Person for these purposes.

    How Arbitration Works. (a) Arbitration shall be conducted by the American Arbitration Association (“AAA”) according to this arbitration provision and the applicable AAA arbitration rules in effect when the claim is filed (“AAA Rules”), except where those rules conflict with this arbitration provision. The AAA Rules may be obtained at the AAA’s website (www.adr.org) or by calling 800-778-7879. A Covered Person may choose to have a hearing, appear at any hearing by phone or other electronic means, and/or be represented by counsel. Any in-person hearing will be held in the same city as the U.S. District Court closest to Company’s billing address. (b) If the AAA is not available to conduct the arbitration, then a Covered Person may petition a court of appropriate jurisdiction to designate an appropriate arbitrator. (c) Arbitration may be requested at any time, even where there is a pending lawsuit, unless a trial has begun or a final judgment entered. A Covered Person does not waive the right to arbitrate by filing or serving a complaint, answer, counterclaim, motion or discovery in a court lawsuit. To choose arbitration, a Covered Person may file a motion to compel arbitration in a pending matter and/or commence arbitration by submitting the required AAA forms and requisite filing fees to the AAA. (d) The arbitration shall be conducted by a single arbitrator in accord with this arbitration provision and the AAA Rules, which may limit discovery. The arbitrator shall not apply any federal or state rules of civil procedure for discovery, but the arbitrator shall honor claims of privilege recognized at law and shall take reasonable steps to protect Business Account information and other confidential information of a Covered Person if requested to do so. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statute of limitations, and may award damages or other relief under applicable law. (e) The arbitrator shall make any award in writing and, if requested by a Covered Person, shall provide a brief statement of the reasons for the award. An arbitration award shall decide the rights and obligations only of the Persons named in the arbitration, and shall not have any bearing on any other Person or dispute.

    Paying for Arbitration. Arbitration fees will be allocated according to the applicable AAA Rules. All Persons are responsible for their own attorneys’ fees, expert fees and any other expenses, unless the arbitrator awards such fees or expenses to a Person based on applicable law or these Terms.

    The Final Award. (a) Any award by an arbitrator is final unless a Covered Person appeals it in writing to the AAA within thirty (30) days of notice of the award. The arbitration appeal shall be determined by a panel of three (3) arbitrators. The panel will consider all facts and legal issues anew based on the same evidence presented in the prior arbitration, and will make decisions based on a majority vote. Arbitration fees for the arbitration appeal shall be allocated according to the applicable AAA Rules. An award by a panel on appeal is final. A final award is subject to judicial review as provided by applicable law. (b) A final award may be entered in any court of appropriate jurisdiction.

    If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative Claim. This arbitration provision may not be amended, severed or waived, except as provided in this Agreement or in a written agreement between you and us.

15. LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES; WAIVER OF CLAIMS

    You agree that neither we shall be liable for any loss sustained by you or any User resulting from any act or omission by us or any other Person, including without limitation any Person who provides, enables or supports the offering or provision of any of the Services, whether with respect to the exercise or enforcement of its rights or remedies under these Terms or otherwise, unless the loss is caused solely by our gross negligence, fraud or other willful misconduct, and, to the fullest extent permitted by applicable law you waive, and release each of us and such other Persons from, any and all claims you may otherwise have relating to such loss or losses. Our liability shall be limited to actual damages incurred by you as a direct result of our gross negligence, fraud or other willful misconduct. Our liability for actual damages shall not exceed the sum of: (a) all fees paid by you to us under these Terms in the three (3) month period prior to the date when any claim is made against us; plus (b) all other revenue earned by us for all of your Business Account activity conducted in the three (3) months prior to the date of any claim made against us. In no event will we be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including without limitation lost profits, lost revenue or damages for loss of data, and you expressly and unconditionally waive any right to such damages to the fullest extent not prohibited by applicable law, and even if you advise us of the possibility of such damages. Except as otherwise required under applicable law, we make no warranty with respect to goods, products, or services purchased through your Business Account, or with respect to merchantability or fitness for use thereof, or with respect to the provision or operation of the Services or of the software or computer systems utilized in offering or providing any of the Services.

    Without limitation of the foregoing, we are not liable to you for any loss, liability or damages that you suffer as a result of, related to, or in any way are connected with (i) any fraud control or purchase restriction measures we elect to implement from time to time, unless such loss, liability or damage is a direct result of our gross negligence or willful misconduct, or (ii) delays or mistakes which happen because of reasons beyond our control, including, without limitation, acts of civil, military or banking authorities, legal constraint, interruption of transmission or communication facilities, equipment failure, emergency conditions, pandemic or plague, fire, flood, hurricane or other significant adverse weather event, labor dispute or work stoppage, insurrection, war, riots, or acts of terrorism.

    YOU AND WE AGREE VOLUNTARILY, INTENTIONALLY AND IRREVOCABLY TO WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING INSTITUTED IN ANY COURT, ARISING OUT OF THIS AGREEMENT.

    You waive personal service of process in connection with any action or proceeding commenced by us in connection with these Terms, and agree that service may be made by certified mail to the last known address for you we have in our records.

16. INDEMNIFICATION

    You agree to indemnify and hold us, our affiliates and our and their respective directors, officers, employees, and agents harmless from and against any and all monetary loss, liabilities, claims, fines, penalties, fees, costs and expenses including, without limitation, attorneys’ fees and litigation costs of any kind (“Losses”), arising in connection with the Services provided under these Terms, except for Losses arising from our own gross negligence, fraud or willful misconduct. You further agree to hold us, our affiliates and our and their respective directors, officers, employees, and agents harmless from Losses arising out of actions taken or omitted in good faith by us in reliance upon instructions from you, and from Losses arising out of your violation of any law, regulation or rule or your engagement in any of the prohibited activities in Section 17. We are not responsible for any actions or omissions by any third party, subject to applicable law.

    If you provide instructions to us that we believe may expose us to potential liability, we may refuse to follow such instructions. We are under no obligation to follow, and we will not be liable to you if we choose not to follow, such instructions.

17. MISCELLANEOUS
    1. Severability

       If any provision of these Terms is deemed to be invalid, illegal or otherwise unenforceable in any respect by a court or governmental agency of competent jurisdiction over us, that provision will be considered changed as necessary to continue to be enforceable to the extent permitted by that court or agency, and the remainder of that provision will no longer be considered part of these Terms. All other provisions of these Terms will, however, remain in full force and effect.

    2. No Waiver

       No delay or waiver by us of any right, remedy or obligation under or in connection with these Terms on any one occasion will constitute a waiver of that right, remedy or obligation on any subsequent occasion. In any event, no such waiver by us will be effective as such unless it is in writing and signed and approved.

    3. Headings

       The headings used in these Terms are for convenience of reference only and have no legal effect on your or our rights or obligations under these Terms.

    4. Assignment

       You may not pledge, grant a security interest in, sell, transfer or assign any rights or obligations you have under these Terms unless we agree in writing prior to such sale, transfer or assignment. We may transfer or assign these Terms or any right or obligation we have under these Terms at any time without prior notice to or consent by you.

    5. Entire Agreement

       You acknowledge that these Terms, including all notices, terms and conditions incorporated by reference herein, constitute the entire agreement between you and us with respect to the Services, and supersede any prior or contemporaneous written or oral communication or agreement.

       BY CLICKING ACCEPT, YOU AGREE TO THESE TERMS OF SERVICE, INCLUDING CONSENTING TO RECEIVE ELECTRONIC COMMUNICATIONS AND TO THE ARBITRATION PROVISIONS, AND YOU CERTIFY ALL INFORMATION YOU PROVIDE TO US IN CONNECTION WITH YOUR BUSINESS ACCOUNT IS ACCURATE AND COMPLETE.