Terms of Service
Welcome to the Brightside Platform. Our hope at Brightside is to be your first place to go for financial questions. We aim to provide unbiased financial information, options and services that you can use to improve your financial health through the Brightside mobile application (the “Brightside App”) and Brightside’s websites (collectively, “Services”).
Please read these Terms carefully before you use the Services. BY ACCESSING AND USING THE SERVICES, YOU AFFIRM THAT:
YOU HAVE READ AND UNDERSTAND THESE TERMS;
YOU WILL COMPLY WITH THESE TERMS; AND
YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO A LEGAL AGREEMENT.
Certain users’ rights to use the Services also may be governed by Brightside’s agreements with employers and other customers (“Customer Agreements”). If a provision of a Customer Agreement conflicts or otherwise is inconsistent with a provision of these Terms, then the term of the Customer Agreement will prevail to the extent of the conflict or inconsistency.
Will these Terms ever change?
The Effective Date of these Terms is set forth at the beginning. We are constantly trying to improve the Services. As we add new features, we may revise or supplement these Terms. We will provide you with at least 10 days’ advance notice of any revision to these Terms that we believe is material by sending you an email, posting a notice in the Services and/or by some other means. We will not make revisions that have a retroactive effect unless we are legally required to do so or to protect other users of the Services. Your continued use of the Services after the Effective Date constitutes your acceptance of these Terms, as amended. As of the Effective Date, the amended Terms supersede all previous versions of or agreements, notices or statements about these Terms.
What about my privacy?
What are the basics of using the Brightside Services?
You may use the Services by using the Brightside App or by engaging with one of our financial assistants (each, a “Brightside Assistant”). If you use the Brightside App, you will be required to register for an account, and select a password and user name (“Brightside User ID”). By engaging with us and using the Services, you also authorize us to have access to data that your employer has shared with us so that we can serve you and understand your individual needs. You also may be asked (either through the Brightside App or by a Brightside Assistant) to provide information about your finances or other related information so that we can provide the Services to you. You promise to provide us with accurate, complete, and updated information about yourself, including your registration information and other information about your financial profile.
Please do not select as your Brightside User ID a name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.
You will only use the Services for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party (other than as expressly authorized by Brightside), and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Please do not share your Brightside User ID or password with anyone. You’re responsible for the security of your Brightside User ID and your password and any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant and agree that you will not contribute any User Information (as defined in Section 5 below) or otherwise use the Services or interact with the Services in a manner that:
(a) Infringes or violates the intellectual property or other rights of any person or entity (including Brightside);
(b) Violates any law or regulation;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Jeopardizes the security of your or anyone else’s Brightside account (such as allowing someone else to log in to the Services as you);
(e) Attempts, in any manner, to obtain the Brightside User ID, password or other security information from any other user;
(f) Breaches, tests, circumvents (or attempts to breach, test or circumvent) any security protection or access management feature in the Services or otherwise attempt to gain unauthorized access to the Services or Brightside’s computer systems or networks;
(g) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
(h) Crawls, scrapes, indexes or extracts web data from any part of the Services;
(i) Copies or stores any significant portion of the Content;
(j) Use the Services to send unsolicited messages or advertisements through comment functions available on the Services;
Distribute, rent, sublicense, lease, lend, sell, resell, assign, transfer, transmit, stream, broadcast or otherwise make available or exploit any features or functionality of the Services including through time-sharing, use of service bureau or by otherwise making the Services available on a network on which they are accessible by more than one device at any time;
Negligently, recklessly, knowingly, or intentionally transmitting or uploading any material that contains viruses, time bombs, trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous;
Reformat or frame any portion of the web pages that are part of the Services without Brightside’s written consent;
Decompiles, reverse engineers, decodes or otherwise attempts to derive or obtain the source code or underlying ideas or information of or relating to the Services (unless applicable laws specifically prohibit such restriction).
A violation of any of the above restrictions is grounds for termination of your right to use or access the Services.
You are responsible for the software, hardware and Internet service that you need to access and use the Services. If you access and use the Services on your smartphone, tablet or other mobile device, you are solely responsible for any and all data and other fees related to use of the Services through your device.
If you access and use the Brightside App, then Brightside grants you a limited, non-exclusive, and nontransferable license to download, install, and use the Brightside App for your personal, non-commercial use on your personal mobile device or tablet.
Based on your device settings, when your device is connected to the internet either Brightside App will automatically download and install all available updates or you may receive notice of or be prompted to download and install available updates. Please promptly download and install all updates to ensure that the Brightside App operates properly.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, information, recommendations, text, graphics, data, articles, photos, images, illustrations, User Information (defined in Section 5) and Linked Content (defined in Section 7)(collectively, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, such as Brightside or (ii) in a way that violates the rights of another person or entity (including Brightside). You agree not to remove, alter or obscure any copyright, trademark or other intellectual property or proprietary notices contained in the Services.
You understand that Brightside owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 4), create derivative works based on, or otherwise exploit any of the Services.
Do I have to grant any licenses to Brightside or to other users?
If you save or store User Information in your own personal Brightside account, in a manner that is not viewable by any other user (“Personal User Information”), you grant Brightside the license above, as well as a license to display, perform, and distribute your Personal User Information for the sole purpose of making the Personal User Information accessible to you and providing the Services necessary to do so.
If you send or store User Information in a manner that only certain specified users can view (for example, a private message to or sharing your financial profile with a Brightside Assistant) (a “Limited Audience User Information”), then you grant Brightside the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Information for the sole purpose of making that Limited Audience User Information accessible to the other specified users, and providing the Services necessary to do so. Also, you grant the other specified users a license to view and access that Limited Audience User Information, and to use and exercise all rights in it, as necessary to provide the Services to you.
You agree that the licenses you grant are royalty-free, perpetual, sub-licenseable, and worldwide. You may revoke these licenses upon the deletion of your Brightside account, however, after such deletion Brightside may continue to use aggregated data derived from your User Information for the purpose of creating, improving or developing the Services.
Finally, you understand and agree that Brightside, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Information to conform and adapt the User Information to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.
Who is responsible for what I see through the Services?
We strive to provide you with the best information to help you improve your financial health. Nonetheless, any information or content (including financial advice) that you receive through the Services is provided “as-is,” and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Furthermore, Brightside has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Linked Services with which you interact with through the Services. In addition, Brightside will not and cannot monitor, verify, censor or edit the content of Linked Services. By using the Services, you accept the risks of and release and hold harmless Brightside from any and all liability arising from your use of Linked Services.
Brightside may be entitled to receive compensation from the providers of Linked Services. Brightside will not retain any compensation that it receives from these providers of Linked Services and has adopted policies that it believes are reasonably designed to mitigate conflicts that could arise from Brightside’s right to receive compensation in connection with Linked Services. Brightside has adopted a program to return to users of the Services any compensation that Brightside receives in connection with Linked Services (the “Rebate Program”). The amount and timing of the return of the compensation is uncertain and subject to reasonable costs and delays associated with administration of the Rebate Program. Until compensation is actually returned to you, amounts recovered under the Rebate Program may be subject to claims of creditors of Brightside. Brightside may amend or discontinue the Rebate Program at any time in its sole discretion, which may include Brightside declining to accept compensation payable in connection with Linked Services that otherwise could be returned to you under the Rebate Program.
Your interactions with organizations and/or individuals found on or through the Services, including services to which we refer you for additional financial resources, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Brightside shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
You understand and agree that Brightside is under no obligation to become involved in any dispute among users or users and a third party. If you have a dispute with another user, you release Brightside and its officers, employees, agents and successors from claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to the dispute or the Services.
Will Brightside ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to remove any Content or User Information from the Services at any time, for any reason, in our sole discretion, and without notice.
Do the Services cost anything?
The Services are currently provided to you at no cost to you, but the organization for which you work or consult pays fees to Brightside for your use of the Services. We reserve the right to charge you fees for any of our Services if you change your employment and no longer work for that organization. If a fee to use some or all of the Services applies to you in the future, we will notify you at least 10 days in advance, except as provided below for the Spending Account.
You may choose to establish a Spending Account through us. That Spending Account would be held at Evolve Bank & Trust (“Evolve Bank”) in your name and subject to the agreements and disclosures provided to you by Evolve Bank. We will not charge you a monthly or other periodic fee for the Spending Account so long as you do not change your employer after opening the Spending Account. If you change your employer after opening the Spending Account, we may charge you and you agree to pay a monthly fee for the Spending Account. If we decide to charge this monthly fee, we will charge the first monthly fee to your Spending Account automatically, and you hereby authorize us to do so. However, we will notify you of the amount of the fee in advance so that you may close the Spending Account if you wish. If you then decide to keep your Spending Account, you will need to provide written authorization to us to charge the monthly fee (after the first monthly fee) to your Spending Account each month. If you do not provide that authorization, we may close your Spending Account and send your account balance to you by check.
Certain Services may offer text messaging (SMS or MMS) services. Message and data rates may apply. Once you opt-in to receive text messages from us, the frequency of text messages that we send to you depends on your transactions with us. All charges are billed by and payable to your wireless service provider. Please contact your wireless service provider for pricing plans and details. Text message services are provided on an “as is” basis and may not be available in all areas at all times.
BY AGREEING TO RECEIVE TEXT MESSAGES, YOU UNDERSTAND AND AGREE THAT BRIGHTSIDE USES AN AUTOMATIC DIALING SYSTEM TO DELIVER TEXT MESSAGES TO YOU AND THAT YOUR CONSENT TO RECEIVE TEXT MESSAGES IS NOT REQUIRED AS A CONDITION OF PURCHASE FOR ANY GOODS OR SERVICES.
What if I want to stop using the Services?
You may terminate your account and stop using the Services at any time for any reason by contacting us at email@example.com.
Brightside reserves the right immediately to suspend or terminate your Brightside User ID and access to the Services without notice if Brightside believes you violated these Terms or if the Customer Agreement that applies to your use of the Services terminates for any reason. Brightside reserves the right to notify your employer or other users about the termination of your access to the Services.
Also, Brightside may also terminate (or suspend access to) your use of the Services account if (a) the Customer Agreement through which you have access to the Services terminates or our customer (your employer, for example) directs us to do so. Brightside has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Information you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of Brightside.
If you have deleted your account by mistake, contact us immediately at 1-855-216-2750 – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What else do I need to know?
Brightside is not a Legal or Professional Advisor
Brightside is not a credit repair organization, credit counselor, loan broker, financial planner, investment advisor or legal advisor as defined under federal or state law. Accordingly, none of Brightside, the Brightside Assistants or the Services are licensed or directly regulated or supervised by any state or federal governmental agency or any other body that regulates the provision financial advice or services. Brightside cannot and does not provide any investment, trading or other advice of any kind in relation to any investment or proposed transaction. Use of the Services is not a replacement for personal, professional advice or assistance regarding your finances, including retirement assets.
Warranty Disclaimer. Neither Brightside nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance or decency of Content contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Brightside or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY BRIGHTSIDE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, BRIGHTSIDE AND ITS REPRESENTATIVES, AGENTS, AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, PARENT ENTITIES, SUBSIDIARIES, AFFILIATED ENTITIES, REPRESENTATIVES, AGENTS AND LICENSORS (“BRIGHTSIDE PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES OR CONTENT.
EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL BRIGHTSIDE PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, BRIGHTSIDE PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You acknowledge and agree that the above limitations of liability together with the other provisions in these Terms that limit liability are essential terms and that Brightside would not be willing to grant you the rights set forth in these Terms but for your agreement to the above limitations of liability
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder or your Brightside ID in any way (by operation of law or otherwise) without Brightside’s prior written consent. We may transfer, assign or delegate these Terms and our rights and obligations without consent.
App Platform Terms.
When you download the Brightside App from a third-party app store (the “App Platform”), you acknowledge and agree that:
These Terms are an agreement between us and not with the App Platform. As between Brightside and the App Platform, Brightside is solely responsible for the applications.
The App Platform has no obligation to provide any maintenance and support services with respect to the applications.
In the event of any failure of the applications to conform to any applicable warranty, (i) you may notify the App Platform and the App Platform may refund the purchase price for the applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Platform will have no other warranty obligation whatsoever with respect to the applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is, as between Brightside and the App Platform, Brightside’s responsibility.
The App Platform is not responsible for addressing any claims you have relating to the applications or your possession and use of the applications.
If a third party claims that an application infringes another party’s intellectual property rights, as between the App Platform and Brightside, Brightside is responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
The App Platform and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the applications. Upon your acceptance of the terms and conditions of these Terms, the App Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the applications against you as a third-party beneficiary thereof.
You must also comply with all applicable third-party terms of service when using the applications.
Bank services are provided by Evolve Bank, Member FDIC, through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email firstname.lastname@example.org.
By using our saving account services, you authorize Brightside to hold your deposits for your benefit at Evolve Bank & Trust, Member FDIC, in an account (“FBO Account”). For purposes of applicable FDIC deposit insurance limitations, please note that deposits in Evolve Bank & Trust FBO Account may not be separately insured from any other deposit accounts you may have with Evolve Bank & Trust.
Electronic Fund Transfer Disclosure Statement
The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from your account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account.
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
Saving Account Error Resolution
(1) Errors or Questions about Transactions
For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include:
(x) your name, email associated with your account, and your account number (if available);
(y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and
(z) the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
(2) Time Periods
Ten-Day Time Period – Brightside Benefit will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Brightside Benefit shall report the results to the consumer in writing within three business days after completing its investigation. Brightside Benefit shall correct the error within one business day after determining that an error occurred.
Forty Five-Day Time Period – If Brightside Benefit is unable to complete its investigation within 10 business days,Brightside Benefit may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Brightside Benefit does the following:
(1) Provisionally credits the consumer’s account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Brightside Benefit need not provisionally credit the consumer’s account if:
• Brightside Benefit does not receive written confirmation within 10 business days of an oral notice of error; or
• The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220)
(2) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation;
(3) Corrects the error, if any, within one business day after determining that an error occurred; and
(4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final).
(5) Extension of time periods. The time periods described above may be extended as follows:
Extension of Ten-Day Time Period – The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or
Extension of Forty Five-Day Time Period – The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
Governing Law; Dispute Resolution. These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with JAMS’ Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.
Despite the provisions of this Dispute Resolution sub-section, you and Brightside agree that nothing in these Terms will be deemed to waive, preclude or otherwise limit the right of either of us to: (a) bring an individual action in small claims court within its jurisdictional limits; (b) file a complaint with the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file a suit in a court of law solely for injunctive relief to stop unauthorized use or abuse of the Services or address an intellectual property infringement claim
Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BRIGHTSIDE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, THE CAUSE OF ACTION IS PERMANENTLY BARRED.
If Brightside makes any future material change to this arbitration provision, you will receive notice as described in Section 1. You may reject the change by sending us written notice within 30 days after the Effective Date that applies to that change to our address set forth below, in which case your account with Brightside may be immediately terminated but this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
If any provision of this Dispute Resolution section is unlawful, void, or unenforceable for any reason, then that provision will be given effect to the greatest extent possible and the remaining provisions will remain in full force and effect.
US Government Rights. The Services are commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Services as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services (if any), provided that the Brightside may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Brightside agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Brightside, and that these Terms supersede all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Brightside, and you do not have any authority of any kind to bind Brightside in any respect whatsoever. If Brightside is or you are prevented from performing or unable to perform any obligation under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein are for convenience only. These Terms and all related documentation are drafted in English. While certain text in these Terms may be made available in languages other than English (whether translated by a person or solely by computer software), the English language version controls. Except as expressly set forth in the App Platform Terms section above , you and Brightside agree there are no third party beneficiaries intended under these Terms.
NOTICE TO CALIFORNIA RESIDENTS
BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
If the Services are at any time deemed an electronic commercial service (as defined under California Civil Code Section 1789.3), California residents are entitled to the following specific consumer rights information:
The provider of the Services is Brightside Benefit, Inc., 1333 S. Spectrum Blvd, Suite 100, Chandler, AZ.
If the Services are deemed as electronic commercial service, you may file a complaint regarding the Services or to receive further information regarding use of the Services by sending a letter to the attention of email@example.com.
If you are a copyright owner and you believe your work has been copied and used improperly on the Services, please contact our copyright agent using the contact information below. Pursuant to 17 U.S.C. § 512(c), to be effective, the notification to us must include the following information: (1) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) description of the work you claim has been infringed and the description and location of the alleged infringement the Services; (3) your contact information including address, telephone number and e-mail address; (4) a written statement that you have a good faith belief the accused usage is infringing; and (5) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Please contact our copyright agent at: Attn: Copyright Agent, Brightside Benefit, Inc., 1333 S. Spectrum Blvd, Suite 100, Chandler, AZ.
Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Services is infringing, we suggest that you contact an attorney prior to sending notice
Questions about these Terms?
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at:
Brightside Benefit, Inc.,
11445 East Via Linda
Suite #2 #524
Scottsdale, AZ 85259