Last Updated April 24, 2023
We’ve included annotations in the gray boxes below to emphasize certain portions of our notice and help guide you as you read them. The annotations aren’t summaries, so please take the time to read everything! This page explains our terms for using FIERCE. By using the FIERCE, you agree to these terms. If you use the service on behalf of your company, your company agrees to them too.
Fierce Technology, Inc. is a technology services provider that operates the Fierce website and the Fierce mobile app (“App”), which provides users with an interface to connect to and utilize certain financial and investment products and services (the “Fierce Platform”).
It is your responsibility to check for updates to the Fierce Terms and you agree to be bound by the Fierce Terms as they are in effect at the time of your use.
If you do not agree to the Fierce Terms, then please do not use the Fierce Platform or any portion thereof.
Table of contents
I. Revisions, Disclosures and Notices
You also agree to receive notices from us electronically.
You agree to Fierce Technology’s E-Sign Consent. We may provide disclosures and notices required by law and other information about your Fierce Account (defined below) to you electronically, by posting it on the Fierce Platform, pushing notifications through the Fierce Platform, or by emailing it to the email address listed in your Fierce Account. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty-four (24) hours of the time posted to the Fierce Platform, or within twenty-four (24) hours of the time pushed or emailed to you. If you wish to withdraw your consent to receiving electronic communications, contact Fierce Support at [email protected]. If we are not able to support your request, you may need to terminate your Fierce Account.
II. Fierce Account
1. Eligibility and Account Registration
Using the Fierce Platform requires that you open an account. You need to be a U.S. resident and at least 18 years old.This is also the part where you tell us you own the email or phone number you registered with and that the personal information you provide to us is correct. You agree to cooperate with us so that we can verify your identity. We might use third parties to help us do so.
You must be a resident of the United States, at least 18 years and the age of majority in your State of residence, and you must register for an account (your “Fierce Account”) to use the Fierce Platform. Certain features of the Fierce Platform may only be available for use in the United States. We make no claims concerning whether the Fierce Platform may be viewed or be appropriate for use outside of the United States. If you access or use the Fierce Platform from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We are the operators of the Fierce Platform, not a financial or investment advisor. Our services are generally designed to serve as an administrative platform only, providing you facilities and information for you to manage and make decisions about your finances and investments. Your Fierce Account is self-directed, and you are solely responsible for any and all transactions and orders placed in your Fierce Account, including, but not limited to your financial and investment decisions and for determining the suitability of any particular transaction, security, or investment strategy. You agree that all investment orders entered by you (or placed on your behalf) are based on your own investment decisions. You agree and understand that Fierce Technology and/or persons acting on Fierce Technology’s behalf do not provide any advice, including, but not limited to financial advice, or recommendations for any particular security, transaction, or order, or other matter connected with your Fierce Account, nor will they advise you about the merits of any action or financial or investment decision relating to any of the services available to you through your Fierce Account or any security you hold.
Products and services offered through the Fierce Platform to you directly or by third party providers. If you enter into a transaction with a third party provider, you are contracting directly with that third party and not with us. We do not guarantee or ensure the availability or terms of any product or service offered by a third party provider. We are not responsible in any way for any product or service you obtain from a third party provider. We do not personally endorse any third party provider, and we make no guarantee that any information provided through the Fierce Platform by any third party is accurate or complete. We have no control over the conduct of, or over any pricing or other information provided by, a third party (including their compliance with applicable law), and we disclaim all liability in this regard. You agree not to hold Fierce Technology or any third party provider of the Fierce Platform liable for any possible claim for damages arising from any self-directed decision you make based on the information made available to you through the Fierce Platform or any third party provider websites or applications.
A. Registering, Opening, Using, or Upgrading an Account
To register, open, use, or upgrade a Fierce Account, Fierce Technology may require that you submit certain information, including but not limited to your name, email address, text-enabled mobile phone number, street address, zip code, date of birth, social security number, and a government issued form of identification to Fierce Technology. You represent and warrant that you own the email or mobile phone number you register with and all information entered or collected in the course of creating your Fierce Account and any information you subsequently add or update from your settings (“Account Information”) is true and accurate, and you agree to keep your Account Information current.
B. Account Types
When you first open your Fierce Account, it will be a restricted account. With a restricted account, you will have view-only access to the application, but you will not be able to perform any banking, trading, or other activities. If you have a restricted account and you attempt to perform any banking, trading or other activities, you will be given the option of upgrading your Fierce Account to an unrestricted account.
C. Validating and Authenticating Your Identity
You hereby authorize Fierce Technology, directly or through Fierce Technology’s use of third parties, to make any inquiries we consider necessary to validate your identity or authenticate your identity and Account Information. This may include asking you for further information or documentation about your Fierce Account usage or identity, requiring you to take steps to confirm ownership of your email address, mobile phone number or financial instruments, or verifying your information against third party databases or through other sources. After we verify your identity, your Fierce Account will convert from a restricted account to an unrestricted account.
In connection with your use of the Fierce Platform, you may not refuse to (a) cooperate in an investigation concerning activity that potentially violates the law or the Fierce Terms, (b) provide confirmation of your identity, or (c) provide confirmation of any information you provide us. If you decline to provide us with the information that we request or if we cannot verify your identity to our satisfaction (in our sole judgment and discretion) for any reason, then your Fierce Account will remain a restricted account. In addition, we reserve the right to change the account type, suspend or terminate the Fierce Account of anyone who provides inaccurate, untrue, or incomplete information.
The first time you access your Fierce Account using a new device we may require you to authenticate your Fierce Account with additional information. If your Fierce Account cannot be verified you may be required to set up a new Fierce Account.
You may select a unique alpha-numeric name to identify yourself on the Fierce Platform (a “Username”). You may not select a Username that misleads or deceives others as to your personal identity or creates an undue risk of chargebacks or mistaken payments, in our sole discretion. We may require you to change your Username or details of your Fierce Account Information at our sole discretion, and we may deactivate your account, or reclaim or make unavailable your Username, without liability to you.
3. Account Fees
III. Communications and Devices
1. Text Messages and Other Communications
Here’s where we describe your consent to receive texts from us and your representations regarding texts we send to others relating to your payments. You also consent to us sending messages to your email. You can opt out of communications in ways that are specific to that communication method, such as by unsubscribing from emails, or replying to text messages with ‘STOP’.
By providing us with a mobile number, either when you sign up for a Fierce Account or update the contact information associated with your Fierce Account, you consent to receiving text (SMS) messages and push notifications from us. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using your Fierce Account. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
If you provide us with the mobile number of any other person or entity when initiating or requesting a payment through your Fierce Account, you represent and warrant to us that the person or entity has consented to receive text messages from us related to that payment. Standard text messaging rates may apply based on your plan with your mobile carrier.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages by replying STOP or by changing your notification preferences in the App. You acknowledge that opting out of receiving communications may impact your use of your Fierce Account.
2. Compatible Mobile Devices and Third Party Carriers
We do not warrant that the Fierce Platform will be compatible with your mobile device or carrier. Your use of the Fierce Platform may be subject to the terms of your agreements with your mobile device manufacturer or your carrier. You may not use a modified device to use the Fierce Platform if the modification is contrary to the manufacturer’s software or hardware guidelines, including disabling hardware or software controls—sometimes referred to as “jail broken.”
IV. Data, Usage and Ownership
1. Your Content
You retain all rights to your content when you upload it into the Fierce Platform, but you do give us broad rights to use, modify, display your content on the Fierce Platform. You can see specifics on the rights you grant us below.
Also, anything you provide us or make available to the public through the Fierce Platform must not contain anything that we think is objectionable (e.g., illegal, obscene, hateful or harmful to you, our customers or us). We can remove any content at any time.
The Fierce Platform may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
You grant us a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Fierce Platform. You retain all rights in your Content, subject to the rights you granted to us in the Fierce Terms. You may modify or remove your Content via your Fierce Account or by terminating your Fierce Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Fierce Platform.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Fierce Platform any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or intellectual property; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Fierce Technology or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Fierce Platform, or which may expose Fierce Technology or its customers to harm or liability of any nature.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. Fierce Technology may also monitor such Content to detect and prevent fraudulent activity or violations of the Fierce Terms. You understand that by using the Fierce Platform, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
We take security incredibly seriously, but can’t guarantee that bad actors will not gain access to your personal information. You need to do your part by keeping your passwords safe, being smart about who has access to your account and which of your devices can access the Fierce Platform, and letting us know if you think an unauthorized person is using your account.
If there is ever a dispute about who owns your account, we are the decider.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.
You are solely responsible for safeguarding your password and for restricting access to your Fierce Account from your compatible mobile devices, computers, or through remote access. You will immediately notify us of any unauthorized use of your password or Fierce Account or any other breach of security. Notwithstanding Sections XIII.18 and XIII.19, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Fierce Account subject to dispute) will be final and binding on all parties.
3. Your License
While we’re happy to let you use the Fierce Platform, you don’t have any ownership rights in them. We can act on any ideas you share with us about how we can improve our products and services free of charge.
You may submit feedback, comments, or ideas about the Fierce Platform (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such Ideas as we see fit and without any obligation to you.
5. Sharing of Your Information
6. Copyright and Trademark Infringement
We respect the intellectual property rights of others and ask you to do the same. We have adopted a Copyright and Trademark Policy regarding any third party claims that your material infringes the rights of others. We respond to all valid notices of such infringement, and our policy is to suspend or terminate the accounts of repeat infringers.
V. Fierce Cash
If you want to fund your Fierce Account, you will need to open a demand deposit (checking) account with our third party provider, Cross River Bank, Member FDIC. You may add funds to your Fierce Cash Account from your external linked bank account or debit card. When you do, you are authorizing Cross River Bank, to debit those sources. If you have insufficient funds in your Fierce Cash Account to cover a transaction, you will cover those costs.
a. Eligibility. To be able to add, access and use the funds in your Fierce Cash Account, you must have an unrestricted account. When you upgrade to an unrestricted account, you are agreeing to open a demand deposit (checking) account with a third party provider, Cross River Bank, Member FDIC (“CRB Checking Account”) to hold the funds. By upgrading to an unrestricted account, you acknowledge that you have read, understood, and also agree to be bound by the terms of the Cross River Bank Demand Deposit Account Agreement and the other Cross River Bank agreements and disclosures set forth in the Fierce Cash Disclosure Library.
b. Functionality. Funds in your Fierce Cash Account are held by Cross River Bank, not Fierce Technology. Your “Available Balance” consists of the funds you have in your Fierce Cash Account that are available for new transactions and subtracting: (i) pending charges; (ii) any amount of deposits that are not yet available for withdrawal under Cross River Bank’s funds availability policy; and (iii) any holds on your balance, such as holds on funds: (y) placed at your instruction for transactions conducted through your Fierce Account; or (z) due to compliance with court orders or other legal requirements. You are solely responsible for all for transactions conducted through your Fierce Account and for all funds necessary to complete any and all payments for transactions conducted through your Fierce Account. You agree to reimburse Cross River Bank for any and all fees, charges, costs, or expenses it incurs as a result of insufficient or unavailable funds in connection with any payment or transaction conducted through your Fierce Account, if any.
c. Acknowledgement. Each time you add funds from your linked external bank account (“Eligible Bank Account”) or Direct Deposit (defined below) or linked debit card to your Fierce Cash Account or make any other transfer, you acknowledge and understand that you have authorized and issued a standing instruction to Cross River Bank to: (i) immediately debit the Eligible Bank Account or debit card linked to your Fierce Cash Account at the time of the transfer for the amount instructed each time you choose to add funds from your Eligible Bank Account or debit card linked to your Fierce Cash Account or make any other transfer for the amount instructed, either in a single or recurring transaction, as applicable; and (ii) move funds to your applicable Eligible Bank Account or applicable debit card for instructions to add funds that are canceled or otherwise returned. You can cancel this authorization by unlinking your Eligible Bank Account or debit card from your Fierce Cash Account.
In addition, each time you conduct a transaction through your Fierce Account (including, but not limited to, orders submitted via the Stock Trading Service and the Crypto Trading Service), you acknowledge and understand that you have authorized and issued a standing instruction to Cross River Bank to: (i) transmit your funds availability verification to the applicable third party provider; (ii) debit or credit, as applicable, your Available Balance for the payment amount, including any applicable fees and/or charges (the “Required Funds) as instructed; (iii) place a hold such Required Funds pending settlement of such transaction as instructed; and (iv) upon settlement of such transaction, remit the Required Funds as instructed (“Payment Instructions”).
d. Fees. Cross River Bank may charge fees and other charges for the transmission or receipt of any funds in your Fierce Cash Account for any transactions conducted through your Fierce Account. For any transaction you enter, you agree to pay the fees and other charges shown to you at or prior to you confirming the transaction. Cross River Bank may change the fees and other charges at any time, with or without notice to you and it is your responsibility to review fees and other charges shown to you at or prior to you confirming the transaction. For more information regarding any applicable fees or charges, please visit the Fierce Cash Disclosure Library.
e. Limitations. You may only deposit United States Dollar (“USD”) in your Fierce Cash Account. In addition, Cross River Bank may impose limits or holds on the amount you can keep in your Fierce Cash Account and reserves the right to change these limits at any time. Funds in your Fierce Cash Account might not be available to use for all types of transactions.
2. Funding Your Fierce Cash Account
The are several ways you can add funds to your Fierce Cash Account (“Fund”) is described here.
Once you have an unrestricted account, you will have the ability to “Fund” your Fierce Cash Account in other ways, including, but not limited, to the following:
a. External Account.
- Eligible Bank Account. You may use funds from your Eligible Bank Account to fund your Fierce Cash Account.
- Debit Card. You may link a debit card to fund your Fierce Cash Account. To do so, you must have a valid debit card issued by a U.S. bank or financial institution bearing the Visa Inc. (“Visa”), MasterCard International Incorporated (“MasterCard”), or DFS Services, LLC (“Discover”) logo. Any such debit card, collectively with your Fierce Cash Account (if you have an unrestricted account) and an Eligible Bank Account, is referred to herein as an “Eligible Transaction Account”.
b. Direct Deposit. You may direct payments made to you from your employer or otherwise into your Fierce Cash Account using the bank routing and account numbers provided to you by Cross River Bank pursuant to the Cross River Bank direct deposit program (“Direct Deposit”). Deposits made using such bank routing and account number will be credited to your Fierce Cash Account for use in accordance with these Fierce Terms. The maximum amount that can be added to your Fierce Cash Account by Direct Deposit is $25,000 per transaction.
c. Wire Transfer. You can direct a third party to transfer money to your Fierce Cash Account by Wire Transfer. Wire transfers cannot be initiated in the App.
Certain funding features (including, but not limited to cash loads and Direct Deposit) may be unavailable or delayed from time to time due to risk-based restrictions, scheduled maintenance, changes to the third party services available thru the Fierce Platform, changes to the Fierce Platform, unforeseen circumstances, or outages.
3. Transferring Funds to Your Bank Account
You can transfer funds from your Available Balance out to your bank account (“Withdraw Funds”). Cross River Bank may limit your ability to transfer funds to your bank account, based on the circumstances. For example, it may delay transfers while it screens for fraud or risks. You are responsible for all amounts owed on your account even after it is closed.
a. Transfers to Your Bank Account. You may electronically transfer funds from your Available Balance to an Eligible Bank Account (“Withdraw Funds”). By selecting an Eligible Bank Account as your deposit source, you are requesting that Cross River Bank settle an electronic transfer to your bank account. Cross River Bank will settle these electronic transfers (via the Automated Clearing House (“ACH”) of NACHA – The Electronic Payment Association (“NACHA”)) to your Eligible Bank Account in the amount you instruct, and you will not be able to cancel the ACH transfer. Such transfer to your Eligible Bank Account via ACH will typically arrive within three (3) business days.
b. Limitations. Cross River Bank may limit how many Withdraw Funds transactions you can initiate from your Fierce Cash Account to your Eligible Bank Account and the amount of funds you can transfer in a single transaction and may delay or further limit such transfers at its discretion to protect Fierce Technology, Cross River Bank or another third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. In addition, you may not transfer funds from your Fierce Cash Account to your Eligible Bank Account to evade a payment investigation. If you attempt to transfer your Fierce Cash Account during an investigation, Cross River Bank may hold your funds at our discretion to protect Fierce Technology, Cross River Bank or another third party against the risk of reversals, chargebacks, claims, fees, fines, penalties and other liability. Cross River Bank also may defer or redirect payout or restrict access to your funds as necessary to comply with applicable law, subpoena or court order, or if requested by any governmental entity. You will remain liable for all obligations related to your Fierce Cash Account even after the Fierce Cash Account is closed.
4. Interest. You will receive interest on the funds held in your Fierce Cash Account in accordance with the rates set forth in the Cross River Bank Demand Deposit Account Agreement. This is a tiered, interest-earning variable rate account. The interest rate and APY are variable and subject to change at any time without notice. Interest rates may change as often as daily without prior notice. The APY you receive will always be as stated in your Fierce Account on the App.
5. FDIC Pass-Through Insurance. The funds held in your Fierce Cash Account are insured by the Federal Deposit Insurance Corporation (FDIC), up to the applicable limit. The amount of insurance coverage you have may depend on the balance in your Fierce Cash Account and the ownership, type of, and balances held in any other accounts you have with CRB. For additional information, please visit the FDIC’s website at www.fdic.gov.
VI. Fierce Debit Card
Cross River Bank may provide you with a virtual or physical debit card. By requesting the debit card, you agree to any additional applicable terms from the issuing bank. Cross River Bank may cancel, repossess, or revoke your debit card at any time.
a. Issuance of the Fierce Debit Card.
Cross River Bank may provide you with access to a debit card in connection with your CRB Checking Account (a “Fierce Debit Card”). By using the Fierce Debit Card, you agree to the Fierce Mastercard@ Debit Card Agreement and Disclosures set forth in the Fierce Cash Disclosure Library, as applicable (the “Fierce Debit Card Terms”), which may be updated from time to time. For avoidance of doubt, the applicable Debit Card Terms are between you and Cross River Bank, not Fierce Technology, and in the event of any inconsistency between these Fierce Terms and the applicable Fierce Debit Card Terms, the applicable Fierce Debit Card Terms shall govern your use of the Fierce Debit Card and your relationship with Cross River Bank.
The Fierce Debit Card may be issued in virtual or physical form. To activate the virtual card, and to request a physical card, you will need to follow in-app prompts.
Once you receive your physical card in the mail you must follow the directions in the mailing to activate your card prior to use. You agree to sign the back of the Fierce Debit Card immediately upon receipt. The expiration date of the Fierce Debit Card is identified on the front of the card.
Upon activating the Fierce Debit Card, you authorize and instruct Cross River Bank to use the Available Balance in your Fierce Debit Account for making purchases and to obtain cash with the Fierce Debit Card. You are responsible for all authorized transactions initiated and fees incurred by use of the Fierce Debit Card.
If you believe that anyone has gained unauthorized access to your Fierce Debit Card, you should advise us immediately following the procedures in the section of the Fierce Debit Card Terms labeled “Notification of Unauthorized Use. Your physical Fierce Debit Card is non-transferrable and may be cancelled, repossessed, or revoked at any time without prior notice at Cross River Bank’s discretion (including for depicting a prohibited signature) subject to applicable law.
b. Cash Access and Transaction Limitations.
You can only make transactions using the Fierce Debit Card to the extent that you have available funds in your Fierce Cash Account to support those transactions. You agree not to make a purchase or other transaction in excess of the Available Balance in your Fierce Cash Account. If you do make a purchase or withdrawal that exceeds the Available Balance in your Fierce Cash Account, you agree that Cross River Bank can recover any negative balance incurred.
With your PIN, you may use the Fierce Debit Card to obtain cash from your Fierce Cash Account at any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by a merchant, that bears the Mastercard® or any other network logo that appears on the Fierce Debit Card. All ATM transactions are treated as cash withdrawal transactions. Please note that if you use your Fierce Debit Card to get account balance information from an ATM, the balance may not reflect recent transactions, and may include funds that are not available for immediate withdrawal. For more information about the daily purchase limits and daily ATM cash withdrawal limits, please visit the Fierce Cash Disclosure Library.
c. No Right to Stop Payment. You do not have the right to stop payment on a transaction originated with the Fierce Debit Card. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to sixty (60) days.
d. Receipts. You should get a receipt at the time you make a transaction using the Fierce Debit Card. You agree to retain, verify, and reconcile your transactions and receipts.
e. Fees. Fees related to use of the Fierce Debit Card may be added or modified from time to time.
- Allpoint ATM (in-network) withdrawals. Fierce does not charge an ATM surcharge fee for any transactions conducted at any of the 55,000+ Allpoint® ATMs (in-network). To locate an Allpoint ATM, and thus is surcharge-free, visit allpointnetwork.com. Filter options within the ATM map location allow identification of Surcharge-Free ATMs. Please note that the ATM Locator is reliant upon the financial institution updating their listing with the surcharge-free network. The information provided in the locator is deemed to be reliable but is not guaranteed and is subject to change at any time.
- Non-Allpoint ATM (out-of-network) withdrawals. Fierce does not charge an ATM surcharge fee for any transactions conducted at a non-Allpoint® ATM (out-of-network). However, non-Allpoint® ATM operators may charge their own surcharge fees. Be advised the ATM operator may charge for a balance inquiry at an ATM that is not in the Allpoint network even if you do not complete a fund transfer.
- POS and Merchants transactions. POS device owner-operators and merchants may charge their own surcharge fees
All fees, if any, will be deducted from the Available Balance, along with the withdrawal or transaction amount, in your Fierce Cash Account when the fee is assessed. For more information regarding any applicable fees or charges, please visit the Fierce Cash Disclosure Library.
f. No Secondary Cardholders. You may not request an additional Fierce Debit Card for another person
g. “Disable Card” Feature. In the event of a lost, stolen, or misplaced Fierce Debit Card, or you otherwise want to prevent future transactions from the Fierce Debit Card, you may disable the Fierce Debit Card with the “Disable Card” feature in your Fierce Account. Use of this feature will not prevent processing of pending transactions initiated prior to disabling the Fierce Debit Card. In the event you have found your card, or otherwise want to enable a disabled Fierce Debit Card, you must select the “Enable Card” option in your Fierce Account before your “disabled” Fierce Debit Card can be used for transactions. You are responsible for preventing unauthorized disabling and enabling activity on your device relating to the Fierce Debit Card. Such activity, when not authorized, may be deemed invalid in Cross River Bank’s sole discretion.
h. Fierce Debit Card Cancellation. Cross River Bank may suspend access to or cancel the Fierce Debit Card at its sole discretion. If you are no longer eligible for the Fierce Debit Card it may be canceled at any time without notice as detailed in the applicable Fierce Debit Card Terms and your funds will be returned to you unless they are the subject of an investigation into suspected unlawful activity, or if Cross River Bank is otherwise required by law to withhold your funds.
i. Disclaimer. We make no guarantees regarding the Fierce Debit Card. Except as otherwise set forth herein or required by applicable law, neither Cross River Bank nor Fierce Technology are responsible if the Fierce Debit Card is lost, stolen, destroyed, or used without your permission.
VII. Fierce Stock
If you want to use the Fierce Platform to buy and sell stocks you need to sign up with our broker-dealer, FIN2, LLC.
1. Eligibility. The stock trading service available through the Fierce Platform (the “Stock Trading Service”) is arranged by our introducing broker, FIN2, LLC, an SEC-registered broker-dealer, member FINRA/SIPC (“FIN2”), and fulfilled by DriveWealth LLC, FIN2’s carrying broker-dealer (“DriveWealth”). For additional information about the relationship between you, FIN2 and DriveWealth, please see Customer Relationship Summary.
To be able to access and use the Stock Trading Service, you must: (i) have an unrestricted Account; (ii) open a securities account with FIN2 and agree to FIN2’s Customer Account Agreement; (iii) open an account with DriveWealth and agree to any separate terms and conditions required by DriveWealth; and (iv) have provided the information as discussed in the next section. By upgrading to an unrestricted account and agreeing to open a securities account, you acknowledge that: (i) you have read, understood, and also agree to be bound by the FIN2 Customer Account Agreement, and the terms of the DriveWealth and other agreements and disclosures set forth in the Fierce Stock – FIN 2 Disclosure Library.
2. Identity Verification. In order to use the Stock Trading Service, you may be required to provide FIN2 and DriveWealth with certain personal information in addition to the Account Information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number), source of funds and employment information. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update FIN2 if any information changes.
3. Functionality. Fierce Technology does not provide any securities account services, trading, custody or otherwise, and shall have no responsibility or ability to provide money transmission services or custodial services. All securities that you hold in your securities account are subject to the control of DriveWealth and in the custody of DriveWealth, and not Fierce Technology or FIN2. Specified Required Funds debited from or credited to your Fierce Cash Account are subject to the control of Cross River Bank and in the custody of Cross River Bank, and not Fierce Technology or FIN2. You are solely responsible for all for transactions conducted through your securities account and for all funds necessary to complete any and all payments for transactions conducted through your securities account.
4. Funding. All transactions conducted through your securities account must be funded through your Fierce Cash Account. In order to complete a purchase transaction via the Stock Trading Service, you must first hold sufficient funds in USD in your Available Balance before submitting any purchase transaction. If you have insufficient funds in your Available Balance to purchase a requested amount of securities via the Stock Trading Service, you will not be able to complete the transaction. If for some reason, the Stock Trading Service does not reject a purchase exceeding your Available Balance, you acknowledge and agree that you are fully liable for the full amount of such transaction.
In connection with the processing and execution of each purchase order you enter through the Stock Trading Service, you acknowledge and understand that: (i) all Stock Trading Services are provided by FIN2 as introducing broker and DriveWealth as carrying broker; (ii) you have authorized and instructed Cross River Bank to transmit your funds availability verification to FIN2 and DriveWealth and follow your Payment Instructions for any transactions conducted through your securities account; and (iii) you have authorized and instructed Fin2 and DriveWealth to follow any instructions provided for transactions conducted through your securities account.
6. Fees. DriveWealth may charge fees and other charges for securities transactions, including any purchase, sale, transfer, or transaction initiated by you through the Stock Trading Service. For any transaction you initiate, you agree to pay the fees, charges, expenses, disbursements and taxes shown to you at or prior to you confirming the transaction. DriveWealth may change the fees and charges at any time, with or without notice to you and it is your responsibility to review fees, charges, expenses, disbursements and taxes shown to you at or prior to you confirming the transaction. For more information regarding any applicable fees and charges, please visit the Fierce Stock – FIN2 Disclosure Library.
7. Independent Relationship. You agree that: (i) we are not acting as your broker, intermediary, agent, or advisor, or in any fiduciary capacity, and (ii) no communication or information provided to you by us shall be considered or construed as advice.
8. Transaction History. Transaction confirmations will be reflected in “Documents” in your Fierce Account. You agree that failure to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
9. Limitation of Liability. Our responsibility is limited to the exercise of ordinary diligence in giving you access to the Stock Trading Service. We are not responsible for any unauthorized access or loss or harm an unauthorized access may cause. You will have no claim against us for loss of your securities.
10. Suspension, Termination, Discontinuance of the Stock Trading Service. Fierce Technology, FIN2, and/or DriveWealth may, in our discretion, with or without prior notice to you, and at any time, limit, suspend, modify, discontinue or terminate, temporarily or permanently, any portion or all of our Stock Trading Service, if we think it is necessary to do so to protect us, our customers, including you, or our employees from danger or loss, or if required by laws that apply or by court order to limit or refuse the Stock Trading Service. If we exercise our rights to limit or refuse your access to the Stock Trading Service, we will not be responsible for any consequences of our refusal to give you access to the Stock Trading Service, including any delay, damage or inconvenience you may suffer as a result.
11. Fierce Rewards. You may be eligible to earn interest on securities held in your securities account pursuant to the fully-paid securities lending program operated by DriveWealth. Please see the FIN2 Customer Agreement and the terms of the DriveWealth and other agreements and disclosures set forth in the Fierce Stock – FIN 2 Disclosure Library.
VIII. Fierce Crypto
If you want to use of the crypto trading services offered through the Fierce Platform, you will need to sign up with our third-party service provider, Paxos Trust Company, LLC.
Value of cryptocurrency can change quickly and dramatically, and can result in sudden and substantial losses including loss of the entire value of the cryptocurrency. You should therefore carefully consider your risk tolerance and whether transacting or holding crypto is suitable for you in light of your financial condition. For more information, please see the agreements and disclosures set forth in the Fierce Crypto Disclosure Library.
1. Eligibility. The crypto trading service available through the Fierce Platform (“Crypto Trading Service”) is provided through a third party provider, Paxos Trust Company, LLC, a New York State chartered limited liability trust company (NMLS #1766787) (“Paxos”) regulated by the New York State Department of Financial Services and is specifically licensed to engage in virtual currency services.
To be able to access and use the Crypto Trading Services, you must: (i) have an unrestricted account, (ii) use the Crypto Trading Services in the United States, (ii) open a crypto account with Paxos; and (iii) have provided the information as discussed in the next section. By upgrading to an unrestricted account and agreeing to open a crypto account, you acknowledge that you have read, understood, and also agree to be bound by the Paxos agreements and disclosures set forth in the Fierce Crypto Disclosure Library.
2. Identity Verification. In order to use the Crypto Trading Services, you may be required to provide Fierce Financial and Paxos with certain personal information in addition to the Account Information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number), source of funds and employment information. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update your Fierce Account if any information changes.
3. Functionality. Fierce Technology does not provide any crypto services (i.e. trading, transfer, custodial, etc.) and shall have no responsibility or ability to provide money transmission services or crypto conversion, trading, transfer, or custodial services. All crypto that you hold in your crypto account are subject to the control of Paxos and in the custody by Paxos for your benefit as a specific deposit (“Hosted Balance”), and not Fierce Technology. As a specific depositor, you continue to own the crypto in your Hosted Balance. Paxos only keeps possession of your Hosted Balance for your benefit as a specific depositor. Specified Required Funds debited from or credited to your Fierce Cash Account are subject to the control of Cross River Bank and in the custody of Cross River Bank, and not Fierce Technology. You are solely responsible for all transactions conducted through your crypto account and for all funds necessary to complete any and all payments for transactions conducted through your crypto account.
4. Funding. All transactions conducted through your crypto account must be funded through your Fierce Cash Account. In order to complete a purchase transaction via the Crypto Trading Service, you must first hold sufficient funds in USD in your Available Balance before submitting any “Buy” transaction. If you have insufficient funds in your Available Balance to purchase a requested amount of crypto via the Crypto Trading Service, you will not be able to complete the transaction. If for some reason, the Crypto Trading Service does not reject a purchase exceeding your Available Balance, you acknowledge and agree that you are fully liable for the full amount of such transaction.
5. Acknowledgement. In connection with the processing and execution of each order you enter through the Crypto Trading Service, you acknowledge and understand that: (i) all Crypto Trading Services are provided by our third party provider Paxos; (ii) you have authorized and instructed Cross River Bank to transmit your funds availability verification to Paxos and follow your Payment Instructions for any transactions conducted through your crypto account; and (iii) you have authorized and instructed Paxos to follow any instructions provided for transactions conducted through your crypto account.
6. Availability. Paxos may not make the Crypto Trading Service available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Crypto Trading Service from certain states, territories, or jurisdictions (“Restricted Locations”). You must not attempt to use the Crypto Trading Service if you are located in any of those Restricted Locations. You must not attempt to circumvent any restrictions imposed via the Crypto Trading Service, such as by obscuring your IP address or submitting any inaccurate information regarding your location.
Fierce Technology retains the right, in its sole discretion, to determine the types of crypto that may be available through the Crypto Trading Service, and may add or remove the availability of any crypto from the Crypto Trading Service at any time for any reason. Fierce Technology will make reasonable efforts to notify you of the likely removal of a cryptocurrency. If the market for a cryptocurrency is closed on the Crypto Trading Service, you may need to liquidate and/or transfer your holdings in such cryptocurrency. Fierce Technology and Paxos will not be liable to you for any losses, liability or expenses related to the removal of a cryptocurrency.
7. Fees. Paxos may charge fees, and other charges, expenses, disbursements and taxes for crypto transactions, including any purchase, sale, transfer, or transaction initiated by you through the Crypto Trading Service. For any transaction you initiate, you agree to pay the fees, charges, expenses, disbursements and taxes shown to you at or prior to you confirming the transaction. Paxos may change the fees and other charges at any time, with or without notice to you and it is your responsibility to review the fees, charges, expenses, disbursements and taxes shown to you at or prior to you confirming the transaction. For more information regarding any applicable fees and charges, please visit the Fierce Crypto Disclosure Library.
8. Independent Relationship. You agree that: (a) neither Fierce Technology nor Paxos are acting as your broker, intermediary, agent, or advisor, or in any fiduciary capacity, and (b) no communication or information provided to you by Fierce Technology or Paxos shall be considered or construed as advice.
9. Transaction History. Transaction confirmations will be reflected in “Transaction History” in the “Portfolio” section of your Fierce Account on the App. You agree that failure to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
10. Limitation of Liability. Our responsibility is limited to the exercise of ordinary diligence in giving you access to the Crypto Trading Service. We are not responsible for any unauthorized access or loss or harm an unauthorized access may cause. You will have no claim against us for loss of your cryptocurrency.
11. Suspension, Termination, Discontinuance of the Crypto Trading Service. Fierce Technology and Paxos may, in our discretion, with or without prior notice to you, and at any time, limit, suspend, modify, discontinue or terminate, temporarily or permanently, any portion or all of our Crypto Trading Service, if we think it is necessary to do so to protect us, our customers, including you, or our employees from danger or loss, or if required by laws that apply or by court order to limit or refuse the Crypto Trading Service. If we exercise our rights to limit or refuse your access to the Crypto Trading Service, we will not be responsible for any consequences of our refusal to give you access to the Crypto Trading Service, including any delay, damage or inconvenience you may suffer as a result.
12. Taxes. It is your responsibility to determine what, if any taxes may apply to the transactions you complete under the Crypto Trading Service and it is your responsibility to report and remit the appropriate tax to the relevant taxing authorities. You agree that Fierce Technology and Paxos are not responsible for determining whether taxes apply to the exchanges made under the Crypto Trading Service.
XI. Fierce Promotions
This section governs promotions which may be offered through the Fierce Platform from time to time.
From time to time, we may offer referral programs or incentives to you for inviting others to sign up for a Fierce Account, or certain promotions to you for using certain services or products offered by us, through us, or through a third party provider (collectively, “Fierce Promotions”). Any bonuses or incentives offered under Fierce Promotions shall be subject to the then current promotion program terms, if applicable, and otherwise at our sole discretion. Please see Fierce Promotions for additional information.
XII. Transaction Information and Disputes
1. Receipts and Account Statements
You can find your transaction receipts and account statements in your account.
Transaction receipts and account statements for the third party services that you use via your Fierce Account will be made available to you on the App by the applicable third party providers. Transaction receipts and account statements can be found in the “Documents” section when you log into your Fierce Account on the App.
2. Error and Dispute Resolution
Contact us if you see any errors or issues with your account. Our contact info is below, along with a description of the process and timeline for us to look into your issue. We’ll need some basic information from you to begin our investigation.
If you believe there are errors on your Fierce Account, or you have questions about your Fierce Account, you can:
a. Contact us through the “My Account” tab in the App.
b. Call us at 1-855-955-1012. Please note (1) this is the only phone number customers can call for Fierce support, and (2) a Fierce representative will never ask you for your password, PIN, social security number or full debit card number.
c. Write us at Fierce Technology, Inc., 14 Wall Street, 20th Floor, New York, NY 10005, USA, Attn: Customer Service – Disputes.
Please contact us as soon as you can if you think an error has occurred on your Fierce Account. You can report an error up to 60 days after the date we sent you the first statement on which you believe the error occurred.
In order for us to investigate your claim, you will need to provide:
- Your name and Account information (including Username, email and/or phone number);
- Why you believe there is an error,
- The dollar amount involved; and
- Approximately when the error took place.
If you contact us by telephone, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time however, we may take up to 45 days to investigate your complaint or question. If we decide such a step is necessary we will credit your Fierce Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and do not receive it within 10 business days, we may, at our discretion, not credit your Fierce Account.
For errors involving new Fierce Accounts, as well as point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new Fierce Accounts, we may take up to 20 business days to credit your Account for the amount you think is an error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution procedures, call us at 1-855-955-1012, please note (1) this is the only phone number customers can call for Fierce support, and (2) a Fierce representative will never ask you for your password, PIN, social security number or full debit card number.
Notwithstanding any of the foregoing, to the extent that the error, complaint or question relates to third party services (i.e. banking or securities account related questions, etc.) which we cannot address for whatever reason, we will transfer or forward your complaint or question to the appropriate third party provider and notify you. Thereafter, the applicable third service provider party will investigate your complaint or question in accordance with the terms of the applicable third party provider agreements.
For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.
3. Your Liability for Unauthorized Transactions
Contact us as soon as possible if you think there has been unauthorized activity on your account. You could lose all the money in your Fierce Account.
Tell us AT ONCE if you believe your Fierce Debit Card (including your card numbers) has been lost or stolen, or an electronic fund transfer has been made by logging in to your Fierce Account without your permission (an “Unauthorized Transaction”).
You may contact us through the “My Account” tab of in your Fierce Account as described in the Error and Dispute Resolution section above, by calling 855-955-1012, or by writing to us at Fierce Technology, Inc., 14 Wall Street, 20th Floor, New York, NY 10005, USA, Attn: Customer Service – Disputes.
If you tell us within 2 business days (every day except Saturdays, Sundays, and federal holidays) after you learn of an Unauthorized Transaction, you can lose no more than $50. If you do NOT tell us within 2 business days after you learn of an Unauthorized Transaction, and we can prove we could have stopped someone from making an Unauthorized Transaction if you had told us, you could lose as much as $500. If your statement shows transfers that you did not make, including those made by card, code or other means, you must also tell us at once. If you do not tell us within 60 days of the date we sent you the first statement on which the Unauthorized Transaction appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
The following are NOT considered Unauthorized Transactions:
- If you give someone access to your Fierce Account (e.g. by giving them your login information) and they use your Fierce Account without your knowledge or permission, unless you have notified us that transfers by that person are no longer authorized;
- If you, or someone else with whom you are acting in concert, act with fraudulent intent; or
- You reverse engineer or chargeback a transaction made with your Fierce Debit Card.
A misdirected payment, such as a payment that is sent to the wrong person, is an authorized payment, and will not be considered an Unauthorized Transaction.
4. Our Liability
When we will cover your losses for certain incomplete or incorrect transactions, detailed here.
If we do not complete a transaction to or from your Account on time or in the correct amount in accordance with the Fierce Terms, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you have insufficient funds in your Eligible Transaction Account to complete the transaction;
- If your funds are subject to legal process or other encumbrance that restricts transfers;
- If the ATM where you are making the transaction or using your Fierce Debit Card does not have enough cash;
- If the App was not working properly and you knew about the breakdown when you started the transaction;
- If circumstances beyond our control prevent the transaction, despite reasonable precautions that we have taken.
5. Disputes with your Funding Source
When you contest a transaction with your external funding source (such as the bank that issued your linked debit card), your rights when requesting reimbursement for a completed transaction are determined by the funding source used to fund the applicable transaction.
Each of your external funding sources may provide you with different rights and resolution procedures for resolving disputes. Please consult the terms and conditions of your funding source to better understand your rights and their resolution procedures. All inquiries about a third party dispute should be directed to the external funding source.
XIII. OTHER LEGAL TERMS
1. Recovery of Funds
You give us permission to recover amounts you owe by debiting funds available in your Fierce Account or any other account you may have with Cross River Bank. This may involve us making attempts to recover less than the full amount you owe to us. We might contact you or take other legal actions to collect amounts due.
You authorize Fierce to recover funds from you in accordance with these Fierce Terms and any other agreement you have with us, including if you owe amounts to us or for reason of fraud or illegal activity.
You authorize Fierce to debit, charge, setoff against and otherwise recover funds from your Fierce Account, including from your Available Balance, any Eligible Bank Account, any connected Cross River Bank Account, and any payment instrument, linked bank, depository and other account registered in your Fierce Account. Your authorization will remain in full force and effect until the later of closure or termination of your Fierce Account, or the disbursement of all funds held on your behalf.
Further, in the event that any attempt to recover funds from you should fail, your authorizations hereunder include your grant to Fierce of new, original authorizations to recover all or less than all of the amount you owe us or belong to us. You authorize Fierce to take the above steps without prior notice to you and irrespective of (i) whether we have made demand under the Fierce Terms, or any other agreement you have with us; and (ii) whether the obligation is contingent, matured or unmatured. Your authorization hereunder includes all authorizations to take the above steps in complete compliance with the Network Rules and the NACHA Rules. You agree that your grant of the authorizations hereunder has the same legal effect as if you had signed a paper containing the same terms.
If Fierce is unable to recover the funds by these means, Fierce may attempt to contact you or may take other legal actions to collect the amounts due, to the extent allowed by applicable law.
We may also recover funds from your Fierce Account in connection with a disputed transaction. For example:
- If you initiate a transaction dispute with an external funding source and win that dispute, we may recover the funds from your Fierce Account.
- If there aren’t sufficient funds in your Fierce Account to cover the disputed amount, you understand that Fierce’s recovery of these funds may cause your account to become negative.
Fierce is not liable for funds that we recover from your Available Balance to cover: a negative balance on your linked Cross River Bank account(s); the amount owed to Cross River Bank under its terms of service; or a pending dispute or chargeback; or to protect against financial risk as outlined in these terms.
2. Compliance with Governmental Authorities
Fierce Technology may suspend your Fierce Account in response to a facially valid subpoena, court order, search warrant, notice, or other binding order from a governmental authority or third party, including but not limited to tax levies, garnishment orders, or lien notices.
3. Limitations on Use
We may limit your funding sources to reduce risk. You will use the Fierce Platform legally and in accordance with debit card network rules and all other applicable rules. You agree to not abuse the payment system, the service or the Fierce Platform. We may block or reverse any transaction, including those that violate our terms or the law, at your expense.
We may limit the funding sources available for a specific transaction at any time in our sole discretion. You may not use unaffiliated prepaid cards or gift cards to fund transactions on the App.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Fierce Platform and for all communications you send through the Fierce Platform. You also agree to be bound by any applicable NACHA rules.
You further agree that in connection with your use of the App, or in the course of your interactions with Fierce, Cross River Bank, or a third party, you will not use your Fierce Account or any service available via the Fierce App in a manner that Fierce, Cross River Bank or MasterCard, reasonably believe to be an abuse of the payment card system or a violation of payment card association rules.
We and our third party providers reserve the right to block, refuse, or reverse any transaction, in our sole discretion. We will notify the affected parties promptly if we decide to do so, but notification is not required if the transaction is prohibited by these terms or applicable law. Neither we nor third parties to whom we assign, or delegate rights or responsibilities will be liable for any claims or damages resulting from prohibited transactions. All costs for research and resolution for any misapplied, misposted or misdirected prohibited transactions will be your sole responsibility and not ours.
4. Acceptable Use Policy and Other Restrictions
If you want to use the Fierce Platform, you can’t do certain bad things. If we think you are doing these bad things, we have the right to share your information with law enforcement.
You may not, nor may you permit any third party, directly or indirectly, to:
- engage in any activity that may be in violation of regulations administered by the United States Department of the Treasury’s Office of Foreign Asset Control (31 C.F.R. Parts 500-599). Prohibited activity includes but is not limited to the provision of the Fierce Platform to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities, including but not limited to activities in Iran, Cuba, North Korea, Syria, or the Crimean Region of the Ukraine. If found to be in apparent violation of these restrictions, your account could be terminated, and your funds could be held for an indefinite period of time;
- access or monitor any material or information on any Fierce Technology system using any manual process or robot, spider, scraper, or other automated means;
- except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any service, work around, bypass, or circumvent any of the technical limitations of the Fierce Platform, use any tool to enable features or functionalities that are otherwise disabled in the Fierce Platform, or decompile, disassemble or otherwise reverse engineer the Fierce Platform;
- perform or attempt to perform any actions that would interfere with the proper working of the Fierce Platform, prevent access to or use of the Fierce Platform by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way materials, information or Fierce Platform from Fierce Technology;
- use the Fierce Platform for the sale of firearms, firearm parts, ammunition, weapons or other devices designed to cause physical harm;
- use the Fierce Platform for any illegal activity or products or in any way that exposes you, other Fierce Technology customers, our third party providers, or Fierce Technology to harm; or
- otherwise use the Fierce Platform except as expressly allowed under these Terms.
If we reasonably suspect that your Fierce Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Fierce Account, and any of your transactions with law enforcement. In addition, we reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Fierce Platform, or any portion thereof, without notice.
5. Limitations on Our Liability for Failure to Complete Transactions
There are some circumstances where we will not be liable if transactions do not go through. Those circumstances are listed here.
We will not be liable, for failure to complete transactions in the following circumstances: (a) through no fault of ours, there are insufficient funds in your Fierce Account to complete the transaction; (b) a merchant refuses to accept your Fierce Debit Card; (c) the information supplied by you is incorrect, incomplete, ambiguous or untimely; (d) an ATM where you are making a cash withdrawal does not have enough cash; (e) an electronic terminal (Point of Sale or ATM) where you are making a transaction does not operate properly; (f) access to funds in your Fierce Account have been blocked after you reported your Fierce Debit Card lost or stolen; (g) the transaction cannot be completed because your Fierce Debit Card is damaged; (h) there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use; (i) we have reason to believe the requested transaction is unauthorized; (j) circumstances beyond our control (such as fire, flood, power failure, strike, labor dispute, critical service provider failure, computer breakdown, telephone line disruption, government or regulatory action, or a natural disaster) prevent or delay the completion of the transaction, despite reasonable precautions that we have taken; or (k) any other exception stated in our Agreement with you.
6. Changes to External Account Numbers
If your debit card account number changes or the expiration date changes, we may acquire that information from our financial services partner and update your Fierce Account accordingly.
7. Our Relationship With You
We are an independent contractor for all purposes.
8. Termination of Account
We can terminate or deny you access to the Fierce Platform at any time, for any reason. You can also choose to deactivate your account at any time.
9. Effect of Termination
Once our relationship ends, we are not responsible for any losses you experience because of the termination of our services or for removing your data from our servers. Some terms of our agreement will still apply even after our relationship ends.
10. Service Upon Closure of Account
When your Fierce Account is closed, we’ll work with our third-party providers to transfer accounts or assets, settle any pending transactions, and return remaining funds in your account to you in accordance with the terms of the applicable third-party agreements.
11. Unclaimed Property
If your Fierce Account is inactive for an extended period of time it may be deemed “unclaimed” or “abandoned” under your state’s law. If this occurs, the applicable third party provider will provide you with notice as required by applicable law. If funds still remain in your Fierce Account, the applicable third party provider will escheat such funds as required by applicable law.
You are responsible for all applicable taxes that arise from or as a result of your use of your Fierce Account.
You may be asked to provide certain information used to assist Fierce Technology in complying with its obligations under the United States Internal Revenue Code and the applicable Treasury Regulations, or state and local governments. By providing Fierce Technology with this information you are certifying that the information provided is true and accurately reflective of your use of your Fierce Account.
If you do something using our services that gets us sued or fined, you agree to cover our losses as described below.
In addition to, and in no way limiting, your indemnification obligations elsewhere in the Fierce Terms, you will indemnify, defend, and hold us and our third party providers, suppliers, and licensors (and our respective subsidiaries, employees, officers, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in the Fierce Terms; (b) your wrongful or improper use of the Fierce Platform; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Fierce Platform with your unique name, password or other appropriate security code.
14. No Warranties
While we do our best to bring great products and services to our customers, we provide them as-is, without warranties.
THE USE OF “FIERCE TECHNOLOGY” IN SECTIONS XIII.14 AND XIII.15 MEANS FIERCE TECHNOLOGY, ITS THIRD PARTY PROVIDERS, ITS SUPPLIERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND REPRESENTATIVES).
THE FIERCE PLATFORM IS PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, FIERCE TECHNOLOGY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
FIERCE TECHNOLOGY DOES NOT WARRANT OR GUARANTEE THAT THE FIERCE PLATFORM IS ACCURATE, RELIABLE OR CORRECT; THAT THE FIERCE PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE FIERCE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE FIERCE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Fierce Technology does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. Fierce Technology does not have control of, or liability for, products or services that are paid for using the Fierce Platform.
15. Limitations of Liability and Damages
As described below, if something bad happens because of your use of our services, our liability is capped.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIERCE TECHNOLOGY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE FIERCE PLATFORM. IN ALL CASES, FIERCE TECHNOLOGY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL FIERCE TECHNOLOGY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE FIERCE PLATFORM OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF FIERCE TECHNOLOGY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE FIERCE PLATFORM DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FIERCE TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
16. Third Party Products and Websites
All third party products or services included or sold on the Fierce Platform are provided solely according to the warranty and other terms specified by such third party. FIERCE TECHNOLOGY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS OR SERVICES, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
The Fierce Platform may contain links to third party websites and mobile applications (for example, social media platforms). You should contact the site administrator or webmaster for those third party websites and mobile applications if you have any concerns regarding such links or any content located on such third party websites and mobile applications. We are not responsible for the content of any linked third party websites and mobile applications. If you decide to access linked third party websites and mobile applications, you do so at your own risk. and do not make FIERCE TECHNOLOGY MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT, COMPLETENESS, SUITABILITY, ACCURACY OR QUALITY OF MATERIALS ON SUCH THIRD PARTY WEBSITES AND MOBILE APPLICATIONS.
When you see the word “Dispute” in Section XIII.18, here’s what it means.
18. Binding Arbitration
This section provides details about how we will resolve disputes through the arbitration process.
General. You and Fierce Technology agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE FIERCE TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST FIERCE TECHNOLOGY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration).
Pre-Filing Requirement to Attempt to Resolve Disputes. Before an arbitration is commenced, you or Fierce Technology agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a Dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of the Fierce Terms. To provide this opportunity, before commencing any arbitration or suit, each party agrees to send to the other party a written Notice (“Notice”). Any Notice to Fierce Technology should be sent by mail to Fierce Technology, Inc., Attn: Arbitration – Legal, 14 Wall Street, 20th Floor, New York, NY 10005. Any Notice sent to you will be sent to the address on file for your account. The Notice must: (i) include your name and account number; (ii) provide detailed information sufficient to evaluate the merits of the claiming party’s individualized claim and for the other party to determine if an amicable resolution is possible; and (iii) set forth the specific relief sought, including whatever amount of money is demanded and the means by which the demanding party calculated the claimed damages. Both parties agree that they will attempt to resolve a dispute through an informal negotiation within sixty (60) days from the date the Notice is sent. After that sixty (60) day period and not before, either party may elect, in writing sent to the other party, that it will pursue the matter either through small claims court or arbitration. The party receiving the notice shall then have seven (7) days to respond, including to elect for the case to be heard by a small claims court with jurisdiction. If either party elects small claims court, the dispute will be resolved in that forum and not through arbitration. Each party agrees that state courts in the City and County of New York, New York, or federal court for the Southern District of New York, referenced below, may enter injunctive relief to enforce the pre-filing requirements of this paragraph, including an injunction to stay an arbitration that has been commenced in violation of this paragraph.
Scope of Arbitration. If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the Consumer Arbitration Rules through the Procedures for the Resolution of Disputes through Document Submission (the “Desk/Documents Only” arbitration) (the “AAA Rules”), including Rule D-3(b), except you and Fierce Technology will have the right to file early or summary dispositive motions and so long as the claim is arbitrable under the AAA Rules. Except as set forth above, and for disputes subject to jurisdiction in small claims court, the Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the Fierce Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Small Claims Court. Subject to applicable jurisdictional requirements, either party may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA but before an arbitrator has been selected, the other party can send a written notice to the opposing party that it wants the Dispute decided by a small claims court. After receiving this notice and consistent with Consumer Rule 9, the AAA will administratively close the case.
Arbitration Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. So long as it is consistent with the AAA Rules, including Rule D-3(b), the arbitration shall occur through the submission of documents to one arbitrator. To the extent any in-person arbitration hearing is required, the arbitration hearing will take place as close to your hometown as practicable. The Arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Fierce Technology values your privacy, particularly with respect to your financial transactions and data. Each of the parties shall maintain the confidential nature of the arbitration and shall not (without the prior written consent of the other party) disclose to any third party the fact, existence, content, award, or other result of the arbitration, except as may be necessary to enforce, enter, or challenge such award in a court of competent jurisdiction or as otherwise required by applicable law. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. The Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect.
Arbitration Fees. In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee. For purposes of this arbitration provision, references to you and Fierce Technology also include respective subsidiaries, affiliates, agents, directors, officers, employees, representatives, predecessors, successors and assigns as well as authorized users or beneficiaries of the Fierce Platform.
Opt Out. You may reject this provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the “Opt Out”) within thirty (30) days after you create a Fierce Account, or for existing customers who agree to this as a terms update, within thirty (30) days of agreeing to such updated terms. The Opt Out must be mailed to Fierce Technology, Inc., Attn: Arbitration Provision – Legal 14 Wall Street, 20th Floor, New York, NY 10005. For your convenience, we are providing an opt out notice form you must fill in to Opt Out. You must complete this form by providing your name, address, phone number and the email address(es) you used to sign up and use the Fierce Platform. This is the only way of opting out of this provision. Opting out will not affect any other aspect of the Fierce Terms, any additional terms, or the Fierce Platform, and will have no effect on any other or future agreements you may reach to arbitrate with us. No other methods can be used to opt-out of this Arbitration Provision.
Court Proceedings. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New York, or federal court for the Southern District of New York.
19. Governing Law
Our relationship is governed by the laws of New York, federal law, or both.
21. Other Provisions