Terms of Use

Last revision: January 15th, 2018

This website is operated by Worthy Peer Capital, Inc. By using the services of Worthy Peer Capital, Inc. you are agreeing to be bound by the following Terms of Use (“Terms”). These terms define the relationship between Worthy Peer Capital, Inc. (“Worthy”, “the company”, or “we” or “us”) and you, the individual accessing the website worthybonds.com and/or downloading the mobile Worthy Application. You must read, agree with and accept all of these Terms prior to using the Worthy website and/or Worthy Application.

Worthy reserves the right to refuse, modify or terminate the services for any reason, without notice at any time without having to explain such reasons. Your use of our Site or the Worthy Application is at your sole risk. We may assign our rights and privileges under these Terms of Use (including your user registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms of Use shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

We may amend these Terms of Use at any time by posting the revised Terms of Use on the Site and Application. We may terminate these Terms of Use at any time by suspending or terminating access to the Site, Application and/or Services and/or notifying you. Your continued use of the Site, Application or Services after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use.

By using the Website and the Services, you attest that you are at least 18 years old. You will not use our Site or the Worthy Application if you are unable to form legally binding contracts, are under the age of majority, or are temporarily or permanently suspended from using our services or the Worthy Application.

All Users: Consent To Electronic Transactions And Disclosures

Because Worthy operates only on the Internet, it is necessary for you to consent to transact business with us online and electronically. As part of doing business with us and our affiliates ("Our Affiliates"), therefore, we also need you to consent to our providing certain disclosures electronically, either via our Site or to the email address you gave to us.

By agreeing to the Terms of Use, you agree to receive electronically all documents, communications, notices, contracts, and agreements (including any IRS Forms such as Form 1099) arising from or relating to your use of the Site and Service, including any Worthy bonds you have purchased, your use of this Service, and the servicing of any Worthy bonds whether by us or Our Affiliates.

An IRS Form 1099 refers to any Form 1099 or other Form, Schedule or information statement, including corrections of such documents, required to be provided pursuant to U.S. Internal Revenue Service rules and regulations and that may be provided electronically (each, an "IRS Form 1099"). The decision to do business with us and Our Affiliates electronically is yours. This document informs you of your rights concerning Disclosures.

Electronic Communications

Any Disclosures will be provided to you electronically through worthybonds.com either on our Site or via electronic mail to the verified email address you provided. If you require paper copies of such Disclosures, you may write to us at the mailing address provided below and a paper copy will be sent to you at a cost of up to $5.00. A request for a paper copy of any Disclosure will not be considered a withdrawal of your consent to receive Disclosures electronically. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent

Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Worthy or between you and Our Affiliates. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Consenting to Do Business Electronically

Before you decide to do business electronically with Worthy or Our Affiliates, you should consider whether you have the required hardware and software capabilities described below.

Hardware and Software Requirements

In order to access and retain Disclosures electronically, you must satisfy the following computer hardware and software requirements: access to the Internet; an email account and related software capable of receiving email through the Internet, printing, and saving such information; a web browser which is SSL-compliant and supports secure sessions; and hardware capable of running this software.

TCPA Consent

I expressly consent to receiving calls and messages, including autodialed and pre-recorded message calls, and SMS messages (including text messages) from us, our affiliates, agents and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

Additional Mobile Technology Requirements

If you are accessing our site and the Disclosures electronically via a mobile device (such as a smart phone, tablet, etc), in addition to the above requirements you must make sure that you have software on your mobile device that allows you to print and save the Disclosures presented to you during the application process. If you do not have these capabilities on your mobile device, please access our site through a device that provides these capabilities.

Withdrawing Consent

You may not withdraw such consent so long as you have outstanding investments made through the Site. If you have no outstanding investments made through the site and wish to withdraw consent to doing business electronically, we will terminate your registered user account with us.

You can contact us via email at support@worthybonds.com. You may also reach us in writing to us at the following address:

Worthy Peer Capital, Inc.
4400 N. Federal Hwy, Suite 210-212
Boca Raton, FL 33431

If you are an individual User, you will keep us informed of any change in your email or home mailing address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must notify us of the change by sending an email to support@worthybonds.com. You also agree to update your registered residence address and telephone number on the Site if they change. If you are a business or entity User or are acting on behalf of a business or entity, you will keep us informed of any change to your email address, telephone number and primary business address.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

Securities Matters

Notwithstanding anything to the contrary in this Agreement, in no event shall anything in this Agreement be deemed to be a waiver, and we will not assert there has been a waiver, that would not be permissible under Section 14 of the Securities Act of 1933, Section 29(a) of the Securities Exchange Act of 1934, or any other applicable provision of federal and state securities laws.

No Investment Advice or Solicitation

Worthy is not an investment firm and does not provide investment advice. Any information contained on the Website or the Services is for information purposes only, and does not constitute investment, financial, legal, tax or other advice. You agree that all decisions you make on investment matters are your full responsibility, and you agree to consult with your own financial advisors prior to making any investment decisions. You agree to accept full responsibility for any investment you make. Company, its Website and Services are not a substitute for the advice or services of a financial advisor. You understand that purchase of investment securities through the Services involves risk of loss. To understand the risks associated with investing through the Services, please visit our Offering Circular filed with the Securities Exchange Commission.

WITHOUT LIMITING ANYTHING IN THESE TERMS, COMPANY MAKES NO WARRANTIES AND BEARS NO LIABILITY WITH RESPECT TO ANY INVESTMENTS, SECURITIES OR THE PERFORMANCE THEREOF.

Except as otherwise expressly noted, no information or communication contained on the Website or the Services shall constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, securities or any other financial instruments. Company makes no representation or warranty, express or implied, regarding the advisability of investing in anything offered through the Website. The past performance of any investment is not a guide to future performance.  Further, the information contained on the Website does not constitute, and may not be used for or in connection with, an offer or solicitation by anyone in any state or jurisdiction in which such an offer or solicitation is not authorized or permitted, or to any person to whom it is unlawful to make such offer or solicitation.

Not a Deposit Account

You represent that you understand and acknowledge that Worthy is not a bank or depository institution. Any investment securities available through the Site or Services are not depository bank accounts, and therefore are not insured by the Federal Deposit Insurance Corporation or by any other governmental agency.

Account Profile

When you complete the registration process, you create an account and become a registered user of the Website. Your account allows you to participate in the Services, subject to the Terms and the Company Privacy Policy. Company reserves the right to refuse to allow a user to register or use the Services for any reason, at Company’s sole discretion.

Some features or services offered on or through the Site and Application may require you to open an account and set up a profile, providing personally-identifiable information, including but not limited to your name, your social security number, your address, your email address, and specific information about your financial situation (collectively, your “Client Information”). You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password, or account. The Company will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless the Company and its managing members, officers, equity holders, employees, partners, parents, subsidiaries, agents, affiliates, and licensors (collectively, “Affiliates”), as applicable, for any improper, unauthorized or illegal uses of your account and as otherwise set forth in these Terms of Use.

Account Restrictions

User Restrictions / Prohibited Uses

You agree not to use the Site to:

  • violate or encourage the violation of any local, state, national, or international law or engage in malicious activities including sending any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, profane, racially offensive, or otherwise objectionable, as determined by Worthy in its sole discretion;
  • use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site, Application or Services;
  • infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party;
  • transmit any software or materials that contain any viruses, worms, Trojan horses, defects, or other items of a destructive nature or interfere with or disrupt or damage the Site or its security including but not limited to denial of service attacks, forged routing or email address information or similar methods or technology;
  • attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Worthy or create or use a false identity;
  • harvest, collect or store personal data about other users of our Sites;
  • attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
  • modify, adapt, translate, sell, reverse engineer, obtain the code, decompile or disassemble any portion of the Site, Application or Services;
  • use any meta tags or any other “hidden text” utilizing the Worthy name, trademarks, or product names;
  • access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company;
  • engage in any activity that interferes with any third party’s ability to use or enjoy the Site or which violates the rights of others;
  • assist any third party in engaging in any activity prohibited by these Terms of Use.
  • send, allow, enable, or support the transmission of mass unsolicited, unauthorized commercial advertising or solicitations via e-mail (spam);
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Application;
  • frame or mirror any portion of the Site, place pop-up windows over its pages, or otherwise affect the display of its pages

Report Abuse

If you believe any Website users violate these Terms, please contact us at support@worthybonds.com.

Termination

You agree that Company may for any reason, in its sole discretion and without notice, terminate, disable, or limit your access to, or use of, this Site and the Services for any reason, including without limitation, if we believe that you have violated or acted inconsistently with any portion of this Agreement.

Grounds for such termination may include, but are not limited to (i) extended periods of inactivity, (ii) violation of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users, third parties, or the business interests of Company or (v) infringement of third party intellectual property rights.

You may terminate your account at any time by emailing support@worthybonds.com. Any suspension, termination, or cancellation shall not affect your obligations to Company under these Terms (including but not limited to ownership, intellectual property, indemnification, and limitation of liability), which are intended to survive such suspension, termination, or cancellation.

Intellectual Property

The Content, the Site and the Application are owned by Worthy or its Holding Company, Affiliates, and/or their licensors and suppliers. Except for the purpose of accessing the worthy Application, no information or material from this Site, including but not limited to investment information, text, videos, photographs, graphics, user and visual interfaces, trademarks, logos, algorithms, features, functionalities and computer code, including but not limited to design, structure, “look and feel” and placement of the content available on the Site, may be reproduced, redistributed, republished, uploaded, posted, translated or transmitted in any manner whatsoever without the written consent by Worthy. No information available from Worthy may be harvested or otherwise collected without the written consent by Worthy.

Subject to the limited rights to use the Site, the Worthy Application and Services pursuant to these Terms of Use, we retain all right, title and interest in and to the Site, the Application and Services, including all related intellectual property contained therein.

In order to use certain parts of the Website, you may be asked to supply certain personal information. All personal information that you provide must be accurate, complete, and kept current.

Third-Party Service Provider

In order to use the payment functionality of Worthy, you must open an "Access API" account provided by Dwolla, Inc. ("Dwolla") and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the Dwolla Terms of Service.

You authorize Worthy to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through Worthy, and Dwolla account notifications will be sent by Worthy, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at https://worthybonds.com, support@worthybonds.com or (833) 967-8491.

You agree to indemnify Worthy for any losses we incur based on your failure to provide accurate, truthful, or complete information to Dwolla, or to use the Website or the Dwolla platform for any unauthorized or illegal purposes. Further, you agree to indemnify Worthy for any Reversal Fee (as defined in the Dwolla Terms) assessed against Worthy due to insufficient funds in your bank account(s) or due to any reason within your control.

Disclaimers and Limitations of Liability

Your use of any aspect of the site is at your own risk. Company makes no representations or warranties whatsoever in respect of the site or services, except as stated in the Dwolla terms of service and as stated in the 'third-party service provider section of this terms of service. Worthy, its related entities, its service and information providers, its licensors, and its or their respective officers, directors, employees or agents (collectively “Worthy parties”) shall have no liability, contingent or otherwise, for the accuracy, completeness, timeliness, presentation or availability of information or for any decision made or action taken, by you, whether directly or indirectly, in reliance upon the information on this site or through our service, or for interruption of any data, information, or any other aspect of this site. The past performance of an investment or investment strategy cannot guarantee its future performance, and the worthy parties shall have no liability for your or any other party’s investment decisions, including the structure and diversification of your investment portfolio. Further, the worthy parties make no representations about the suitability of the information, software, products, or services contained on this site or through our service. The worthy parties cannot guarantee and shall have no liability for the timeliness, duplications, or delays in the execution of any orders and purchases you wish to make or have made.

To the fullest extent permitted by law, the worthy parties expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, related to our sites and service.

You understand and agree that your use of our sites and service is at your own risk. All information, sites, software, products, and services are provided “as is” and “as available” without warranty of any kind.

For the avoidance of doubt, under no circumstances, will any of the worthy parties be liable to you or to any person or entity claiming through you for any loss, injury, liability or damages arising out of or in connection with your access to, use of, inability to use, or reliance on any of our sites and service or any content, product or service provided to you through or in connection with any of our sites and service. This is a comprehensive limitation of liability that applies to all losses and damages of any kind whatsoever, whether direct or indirect, general, special, incidental, consequential, exemplary or otherwise, including without limitation, loss of profits principal or revenue, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. This limitation of liability applies whether the alleged liability is based on contract, negligence, tort, strict liability or any other basis; even if any party has been advised of or should have known of the possibility of such damages; and without regard to the success or effectiveness of other remedies.

If any part of this limitation of liability is found to be invalid, illegal or unenforceable for any reason, then the aggregate liability of the parties under such circumstances to you or any person or entity claiming through you for liabilities that otherwise would have been limited will not exceed one hundred U.S. dollars. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers of warranties and limitations of liability may not apply to you.

Your Warranties

You represent and warrant to the Company that (a) all information, including, without limitation, Client Information, that you provide to us is accurate and truthful, (b) you have the authority to share Client Information with us and to grant us the right to use Client Information as provided in these Terms of Use and Privacy Policy, and (c) your acceptance and use of the Site and/or Worthy Application pursuant to these Terms of Use does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound.

Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users or advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party not specifically mentioned in these Terms, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly, and that you will not make any claims against us with respect to products or services purchased through your use of the Services.

Interruption to the Site

The Services may be subject to limitations, delays, and other difficulties inherent in the use of the Internet, mobile devices and electronic communications. We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not guarantee the Site, the Worthy Application or Services will be operable at all times. We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, the worthy Application and Services, or any portion of the Site or Application; (2) to modify or change the Site, worthy Application or Services, or any portion of the Site, Application or Services, and any applicable policies or terms; and (3) to interrupt the operation of the Site, Application and/or provision of Services, or any portion of the Site, Application or Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Remedies

If you are dissatisfied with any portion of the Site or Worthy Application, or with any of these Terms of Use, your sole remedy is to discontinue using the site and Application.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, APPLICATION OR THEIR RESPECTIVE CONTENT, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE SITE, THE APPLICATION OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE SITE, THE WORTHY APPLICATION OR THEIR RESPECTIVE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OR ACCESS OF THE SITE, USE OF THE APPLICATION OR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SITE OR THE APPLICATION, AND ALL OTHER USE OF THE SITE OR APPLICATION, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

Indemnification

You agree to indemnify and hold the Company and its affiliates, officers, directors, agents and employees harmless with respect to any suits, claims or demands, including reasonable attorneys’ fees, made by you or any third party due to or arising out of your breach of these Terms of Use, including your fraudulent or malicious use of the Site, the Application and/or Services, or your misuse or abuse of the Site, Application and/or Services; or your violation of applicable laws, rules or regulations in connection with your use of the Site, Application or Services.

Binding Arbitration

Any claim, dispute or controversy of whatever nature arising out of or relating to these Terms of Use shall be resolved by final and binding arbitration. The arbitration shall be conducted in the State of Florida, in the City of Miami, and judgment on the arbitration award may be entered into any court having jurisdiction. Arbitrator shall be authorized to award compensatory damages, but shall not be authorized to award non-economic damages such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages.

Except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Site or Application shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.

Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the Arbitrator; however, the Arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the Arbitrator. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

Class Action Waiver

You and Company agree that any arbitration shall be limited to the Claim between Company and you individually. YOU AND COMPANY AGREE THAT (a) THERE YOU WAIVE ANY RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) YOU WAIVE RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

Governing Laws

The interpretation of the rights and obligations of the parties under this Agreement, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Florida, U.S.A. as such laws apply to contracts between Florida residents performed entirely within Florida. Each party agrees that it will only bring any action or proceeding arising from or relating to this Agreement in a federal court in the District of Florida, U.S.A. or in state court in Miami, Florida U.S.A., and you irrevocably submit to the personal jurisdiction and venue of any such court in any such action or proceeding or in any action or proceeding brought in such courts by Worthy.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or accessing or using the Site, the Application or their respective contents. The Company’s performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Site and/or Application or information provided to or gathered by the Company with respect to such use.

Contact Us

If you have any questions about these Terms of Use, please feel free to contact us at:

Worthy Peer Capital, Inc
4400 N. Federal Hwy, #210-12
Boca Raton, FL 33431
support@worthybonds.com
+1-833-967-8491