Voluntary Beta Participation Agreement

American Express Company, its subsidiaries or other affiliates (collectively, “Amex”) is undertaking testing of a Business Checking Account Product and related functionality (the “Product”), and the testing of such Product and any related functionality, (the “Pilot”).  Participation in the Pilot is completely at your option. If you participate in the Pilot, you will be receive a $100 Amex eGift Card.

In the event that you choose to voluntarily participate in the Pilot, as evidenced by agreeing to this Voluntary Beta Participation Agreement (this “Agreement”) and applying for the Product, you  (hereafter, “User”), agree (i) to participate in testing activities by using the Product; (ii) to allow Amex to share your business contact email on file in order to test the Product mobile iOS app and (iii) to provide feedback to allow the Amex product team to understand the Product effectiveness. User agrees to assume all risk relating to participation in the Pilot.  User further hereby releases, waives, discharges and covenants not to sue Amex, and their respective officers, agents, suppliers or employees (collectively with Amex, the “Releasees”) to the fullest extent permitted by law from any and all liability, claims, demands, actions, costs, and causes of action whatsoever arising out of or related to any loss, damage, or injury, or any harm whatsoever that may be sustained by User while participating in the Pilot, regardless of whether such loss, damage or injury or harm is caused by the negligence or other behavior ofAmex, and regardless of whether any alleged liability arises in tort, contract, strict liability, or otherwise. 

Personal Information.  Any information that can identify a person or non-personal information provided by User in the context of the Pilot shall be covered by the Amex United States Online Privacy Statement available at https://www.americanexpress.com/privacy. 

Confidential Information.  User acknowledges that the Product, including its features, functionality and performance (collectively, the “Product Information”) are nonpublic and confidential information; User covenants to keep such information confidential and not to use, record, make notes of, copy or reproduce, share with third parties in any way, or comment orally or in writing on such information by any means other than as may be necessary for User’s evaluation of the Product.  User shall not reverse engineer, decompile or disassemble any software provided to it in the context of the Pilot.

Disclaimer of Warranties.  User acknowledges that the Product that will be provided during the Pilot is a beta release version of the Product and that the Product and Product Information are provided by Amex on an “as is” basis and, to the fullest extent
permitted by law, without any kind of warranty. The Product and Product Information may contain inherent flaws, bugs, errors known or unknown to Amex and other problems that could cause system or device failures on the User’s personal electronic devices or may not perform all functions for which they are intended or represented, and the use of such Product is entirely at the User’s risk.  In particular, User acknowledges that, during the Pilot, aspects of the Product may not work as intended.  User is only required to enter personal data for the Pilot and to use the Product to the extent User feels comfortable doing so.  The Product provided by Amex to User may be an earlier version of a product ultimately made commercially available.  Amex may provide an updated version of the Product to User during the term of the Pilot, but is not obligated to correct errors, flaws or omissions in the Product or ensure proper operation of the Product during the Pilot. Amex reserves the right at any time not to release the Product or, if the Product is released, to alter features, specifications, capabilities, functions, release dates, general availability, or other characteristics of the Product.  This disclaimer is to the fullest extent permitted by law in lieu of all warranties whether express or implied, arising by statute, operation of law, usage or trade, course of dealing or otherwise, including implied warranties of merchantability, merchantable quality, satisfactory quality, or fitness for any purpose.   

Intellectual Property Rights.  The Product and all Product Information shall remain the sole property of Amex and all right, title and interest to all intellectual property with respect to the Product and Product Information, including that which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with Amex.  User shall do nothing inconsistent with Amex’s title, right or interest in such intellectual property.  Amex hereby grants User a non-exclusive, royalty-free, non-transferable, non-assignable right, for the term of the Pilot, to use the Product for the purpose of testing the Product for the benefit of Amex.  Any input, information or feedback provided by User to Amex, including suggestions for the Product made by User shall be the exclusive property of Amex, together with all rights therein.  User shall have no derivative rights whatsoever in any information provided to or used by Amex with respect to the Product during the Pilot.

Return of Product.  Amex may decide to terminate the Pilot at any time.  

Scope of Release & Indemnity. It is User’s express intent that this Agreement binds its family members, spouse, heirs, permitted assigns or representatives entitled to act on her/his behalf to the extent they act on her/his behalf, and is deemed a release, waiver, discharge and covenant not to sue the Releasees.  User shall fully defend, indemnify, and hold harmless the Releasees from all claims, losses, costs, damages, expenses (including attorney’s fees), and other liabilities arising out of User’s use, operation, or possession of the Products, to the fullest extent permitted by law.

Disputes.  User agrees that any and all disputes, claims or controversies arising out of or related to this Agreement, the Pilot, the  Product Information or the Product shall be subject to the Dispute Resolution section of the Business Checking Account Agreement. 

Miscellaneous.  Any provision of this Agreement that shall be deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.  This Agreement is personal, indivisible, and non-transferable and may not be transferred in whole or part by User without the prior consent of Amex. This Agreement shall be construed in accordance with the laws of the State of New York without regard to conflicts of law principles.

BY ELECTRONICALLY SIGNING THIS AGREEMENT, USER ACKNOWLEDGES AND REPRESENTS THAT she/he has read and fully understands this Agreement and the release contained herein and understands that she/he has given up substantial rights by agreeing to it.  User certifies that she/he has reached the age of majority, has electronically signed under her/his own free will and is not suffering of any legal disability.  

IN WITNESS WHEREOF, User has electronically signed this Agreement:

_____________________________

(Signature)

(Print Name)