Legal and Privacy


Privacy Policy

This Privacy Policy was last updated and posted on 12/26/2017

This privacy policy (“Privacy Policy”) sets out how BrightAct, LLC. d/b/a bankaroo (“we”, “us”, or “Company”) uses and protects any information that you give when you use http://www.bankaroo.com, bnkr.me, brightact.com, brightactlabs.com, takemetoyourbest.com, intuito.com, moodspin.com, or any of their subdomains, or our Services, as described in the bankaroo Terms of Use (“Terms of Use”). We are committed to protecting the privacy of your Personally Identifiable Information (as defined below) to the extent possible, subject to provisions of state and federal law. This Privacy Policy governs all of the Company’s websites (including mobile versions, mobile applications, widgets, and so on) (collectively, “Website”), regardless of whether or how use our services (“Services”).  This Privacy Policy is incorporated into and is subject to our Terms of Use, which covers your use of the Website and Services. Your use of the same can be terminated upon your violation of our Terms of Use or Privacy Policy. Capitalized terms that are not defined in the Privacy Policy have the meaning given to them in the Terms of Use.

You are bound by the terms of this Privacy Policy and consent to the collection, use, and disclosure of visitor information pursuant to all of the terms of this Privacy Policy.  By using the Website or the Services, you signify your acceptance of this Privacy Policy.  If you do not agree to this policy, you should not use our Website or Services. If you have additional questions or would like further information, please write to us at support@bankaroo.com.

 

  1. Collecting Personally Identifiable Information

We define Personally Identifiable Information as individually identifiable information about an individual consumer collected online by us from that individual and maintained by us in an accessible form.  Personally Identifiable Information can include: (1) A first and last name. (2) A home or other physical address, including street name and name of a city or town. (3) An e-mail address. (4) A telephone number. (5) Any other identifier that permits the physical or online contacting of a specific individual. (6) Information concerning a user that the Website or Services collects online from the user and maintains in personally identifiable form in combination with an identifier described above.

While you may use some of the functionality of the Website or Services without registering, many of the specific tools and services on the Website or Services require registration. We collect information that you provide to us when you register with the Website and complete your profile, or when you ask us for Services or additional information or to resolve complaints or concerns. Specifically, we may collect, store and use the following categories of Personally Identifiable Information:

  • Personal information: Information which identifies you as a person, such as full name, phone number, e-mail address, or date of birth.
  • Demographic information, such as location, gender, or age.
  • MetaData: Information about your computer and about your visits to and use of the Website or Services (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths.
  • Communications: Information contained in or relating to any communication that you send to us or send through the Website or in connection with the Services (including the communication content and metadata associated with the communication).
  • Payment information. In addition, when you order products or services through the Services, Company, or a third party PCI compliant payment processor, may collect your credit/debit card information. This information is secured using industry-standard encryption technology in the applicable payment processor system. To the extent Company has access to this information it will use this information solely to complete your order and will not share this information with outside parties other than the payment processor, except to the extent necessary to complete the order or comply with applicable law.

We may use publicly available sources outside of the Company to verify or supplement the information you give us. For example, we may obtain address updates from the U.S. Postal Service or demographic information from direct marketing companies.  We use this data to help us maintain accurate records and to improve the products and services that we deliver to you.

Personal information we may collect from children under the age of 13 includes the child’s first name, a username, and, if uploaded by the user, an image of the child.

 

 

  1. Using Personally Identifiable Information

Personal information submitted to us through our website will be used for the purposes specified in this Privacy Policy or on relevant pages of the Website or as necessary to provide the Services.

We may use your Personally Identifiable Information to:

  • enable your use of the Website or Services;
  • send you marketing communications, including information relating to the businesses of carefully-selected third parties which we think may be of interest to you, such as electronic newsletters, marketing material, special offers, promotional materials;
  • process transactions or provide you with information on behalf of third parties regarding available products, services, events;
  • provide customer support;
  • identify your product and service preferences so that you can be informed of new or additional products, services and promotions;
  • personalize your experience (your information helps us to better respond to your individual needs);
  • improve customer service (your information helps us to more effectively respond to your customer service requests and support needs);
  • administer a contest, promotion, survey or other site feature;
  • send periodic emails;
  • for other purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

By using the Website or the Services, you accept these messages.  A user may, at any time, opt out of receiving email newsletters and promotional material (See more about Opt Out below).

The Company is the sole owner of the Personally Identifiable Information collected on this Website or through the Services and we don’t sell, rent, license or share any of the Personally Identifiable Information you provide to us with companies outside of the Company for their own promotional or marketing use without your explicit, affirmative consent except as expressly set forth in Section 3.

There are occasions, however, where we must share your information to provide you with the Services you requested or for legal reasons. The Company uses the Personally Identifiable Information that you provide to respond to your questions, to provide you the Services you select, to send you emails about the Website, and to inform you of material changes to this Privacy Policy. You are responsible for maintaining the truthfulness and accuracy of the information you submit to us, such as your contact information or any information provided as part of registration. The Service will disable a user’s account if the information provided is determined to be false or no longer current. Additionally, if you provide Company with content for publishing or feedback, we may publish your user name or other identifying data.

 

  1. Disclosing Personally Identifiable Information

Because your privacy is important, we do not sell, share, lease, or license your personal information. However, we may disclose information about you if you specifically authorize us to do so or in such cases described below. We may disclose your Personally Identifiable Information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary to provide the Services or for the purposes set out in this Privacy Policy.

We may disclose your Personally Identifiable Information to any member of our group of companies (this means our subsidiaries, parent company, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this Privacy Policy. The disclosure is also possible in connection to structural changes, merger, consolidation, the sale of substantially all of our interests and/or assets or other corporate change, including, the course of any due diligence process. We reserve the right to transfer information to a subsequent owner, co-owner or operator of the Service or the Website or our Company or the applicable database.

The Service may disclose your Personally Identifiable Information as follows:

  • We may provide you certain areas of service associated with third parties as promotional partners, which may require the disclosure of your Personally Identifiable Information. If you decide to engage with such third parties, register for products or/and services, download their content, make communication, your Personally Identifiable Information will be disclosed to them. If you sign in to a Third party Area with a username and password obtained on the Service, your Personally Identifiable Information may be disclosed to the third parties. We are not liable and responsible for the practices and data collection/protection policies of such third parties. We recommend you to review privacy policy and/or internal privacy rules of such third parties before making engagement with them. You access these sites at your own risk and we make no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to the Website, or about the privacy and security of information transmitted to or through them.  You agree that we shall not be responsible for any loss or damage of any sort incurred.
  • We may disclose your Personally Identifiable Information to the extent that we are required to do so by law, or in connection with any ongoing or prospective legal proceedings.
  • We may offer contests, sweepstakes and other promotions (“Promotion”) through the Service that may require registration. If you participate in a Promotion, it means you agree to their official rules that govern that Promotion. If you enter such Promotion, your Personally Identifiable Information may be disclosed to third parties or the public. The reason of such disclosure can be administrative procedures of such Promotion, such as winner selection, price implementation, any other reasons described in official rules or required by law.
  • The Company may combine any information you provide us with information from other users to create aggregate data to display on the Website or Services. This sort of statistical information is called aggregate data because it reflects the characteristics of a large group of anonymous people. Aggregate data does not contain any information that could be used to identify you or contact you. For example, we might inform third parties regarding the number of users of the Website and the activities they conduct while on our site.  We may use aggregate data or share it with our business partners so that the information and services we provide best meet the needs of our users. Aggregate data also helps advertisers and sponsors know how effectively they are reaching and meeting the needs of their target audience.  In addition, Company may make use of de-identified information to improve the Service and otherwise in accordance with our Terms of Use.
  • Any information, including personally identifiable information, that you voluntarily choose to include in a publicly accessible area of the Services will be available to anyone who has access to that content, including other users, provided, however, that the Service restricts children under the age of 13 from sharing information outside of the applicable Account or otherwise in a publicly accessible area of the Service.
  • We may work with third parties to provide Website, Mobile Application development, hosting, maintenance, and other Services for us (“Third Party Service Providers”). To the extent it is necessary for these Third Party Service Providers to complete their contractual obligations to us, these third parties may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this policy, and the recipients are limited to using the information the purpose for which it was provided. By using the Website or the Services, you are authorizing us to disclose to Third Party Service Providers the information required to complete the request. Any such Third Parties which may have access to personally identifiable information of children under the age of 13 are listed on the following page, as updated from time to time: https://www.bankaroo.com/legal-3rd-parties . These Third Party Service Providers are not controlled by Company and personal information disclosed to them is subject to the applicable Third Party Service Provider’s privacy policy and security practices. Therefore, we encourage you to review the privacy policies of any Third Party Service Provider whose products you purchase through this Site or the Services. We may also provide your information to third-party vendors who provide services or functions on our behalf, including credit card processing, business analytics, customer service, marketing, distribution of surveys or sweepstakes programs, and fraud prevention, and we may authorize third-party vendors to collect information on our behalf, including as necessary to operate features of the Website or Services. Third-party vendors have access to and may collect information only as needed to perform their functions and are not permitted to share or use the information for any other purpose. They are also required to follow the same data security practices that we ourselves adhere to.
  • We may disclose information to third parties, including any third party services (collectively “Third Party Service Providers”), with whom we may jointly offer products or services, or whose products or services may be offered on our Website or through the Services. You can tell when a Third Party Service Provider is involved in a product or service you have requested because their name will appear, either alone or with ours. If you choose to access these optional third party services or communicate with these Third Party Service Providers, we may share information about you, including your personal information, with those Third Party Service Providers. Please note that we do not control the privacy practices of these third-parties.
  • We make certain automatically collected and other aggregate non-personally-identifiable information available to third parties, to: (i) comply with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Services.
  • We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; to protect Company and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Services; to protect the rights, property, or personal safety of, Company, our users, or others, or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
  • If you were referred to the Website from another site (for example, through a link you clicked on another site that directed you to this one), we may share some information about you with that referring website. We have not placed limitations on any referring website’s use of your personal information and we encourage you to review the privacy policies of any website that referred you here.
  • We may share your personal information with our Affiliates. This sharing enables us to provide you with information about products and services which might interest you. To the extent that our Affiliates have access to your information, they will follow practices that are at least as restrictive as the practices described in this Privacy Policy. They also will comply with applicable laws governing the transmission of promotional communications and, at a minimum, give you an opportunity in any commercial email they send to choose not to receive such email messages in the future.
  • We may share your personal information in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information. You may opt-out of cookie tracking and analysis. The Services do not otherwise respond to ‘do not track’ signals.

When we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won’t identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser.

 

  1. User warranties

User is responsible for truthful, accurate information, which is provided to us.  If the provided information is false, we may disable the user’s account.

  1. Tracking technologies
    1. Cookies. Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Website. This type of information is collected to make the Website more useful to you and to tailor the experience with us to meet your special interests and needs. You can typically remove and reject cookies from our Website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Website works for you. Please note that if you delete, or choose not to accept, cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.
    2. Third Party Web Beacons. In addition to Cookies, we use tracking technologies such as beacons, browser fingerprinting,  tags, and scripts, to analyze trends, administering the website, track users’ movements around the Website, and to gather demographic information about our user base as a whole, to prevent fraudulent activity, to improve security or to allow you to make use of Service functionality; to assess the performance of the Services, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Services. Tracking Technologies may set, change, alter or modify settings or configurations on your computer, or mobile or other device.

Third parties may also use Tracking Technologies in connection with our Services, which may include the collection of information about your online activities and across third-party web sites or online services. We do not control those Tracking Technologies and we are not responsible or liable for them.

  1. Mobile Device Information. We do not access or store information that you have saved on your mobile device such as contacts and appointments.  However, in order to provide the Services, the Website may interact with some features on your mobile device, such as your GPS locator. In such case, we will ask for your consent with respect to identifying your location.
  2. Automatically Collected Information. When you use the Services or open one of our HTML e-mails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after the Services, the pages you view on the Services, and the dates and times that you visit, access, or use the Services. This information is gathered for all users. We also may collect information about your online activity, such as pages viewed. Our goals in collecting this automatic information include helping customize your user experience and inhibiting fraud.
  3. Mobile Application Information. We collect information about the Mobile Application functionality that you access and use. This allows us to identify those areas of the Mobile Application that are of interest to our customers so that we can refine and continuously improve the Mobile Application. The information we collect for this purpose does not enable us to directly identify you.  The Mobile Application also sends us the device’s unique identifier (or “UID”), a sequence of numbers or characters that are unique to your mobile device. We use this only on the first opening of the App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools.  The Mobile Application will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate the error and to improve the stability of the Mobile Application for future releases. As part of these error reports, the Mobile Application sends us information about the mobile device type and version, the UID, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.   You can exercise control over what information the Mobile Application sends to us either by changing the settings of the Mobile Application under its setting menu or changing the settings of your mobile device.

 

  1. Do not track mechanism

We do not track our Customers /Users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, different browsers allow you to set the DNT signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

  1. Third party’s Websites and Services

Our Services may facilitate interaction between the Services and your account on a third-party website and/or application, such as a Third Party Service Provider.  The third-party operator may be involved by providing certain Personally Identifiable Information to us.  We may provide third-party site interfaces or links on the Website or Services to facilitate your sending a communication from there. We use and collect this information in accordance with this Privacy Policy. The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. For example, we may provide third-party sites’ interfaces or links on the Service to facilitate your sending a communication from the Service. Company may at its sole discretion collect and use this information as Personal Information.

  1. Information provided by third parties

We may receive information about you from any third parties that we consider relevant to your use of the Services. We collect and use this information as Personal information at our sole discretion.

  1. Information about location

In order to verify your location, provide relevant data based on location, share it with service providers, we may use location based services to determine your location. After you give us permission, we will provide third parties (who we work with) access to your location information.

  1. Children Online Privacy Protection Act (COPPA) Compliance

We comply with verifiable parental consent requirements mandated by the Children’s Online Privacy Protection Act (COPPA) through a verification and consent process when you sign up for an Account.  In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with COPPA’s requirements, we will either delete the information or immediately seek the Guardian’s consent.

As described in the Term of Use, the parent or legal guardian (“Parent”), or the applicable authorized school administrator (“Teacher”) (“Parent” and “Teacher” collectively referred to herein as “Guardian”) of each child under the age of 13 must register an Account on behalf of such child.  During the registration process, we may ask the child to provide certain information for notification and security purposes, including a Guardian’s email address, the child’s first name, the child’s username, and password. We strongly advise children never to provide any personal information in their usernames.  Following registration, we will seek Guardian consent by emailing the Guardian at the email address provided.  In the email we will explain what information we are collecting, how we plan to use it, how the parent can provide consent, and how the parent can revoke consent. If we do not receive parental consent within a reasonable time, we will delete the parent contact information and any other information collected from the child in connection with that activity. .If a Guardian does not consent to a child’s access to and use of the Services or does not verify the Guardian’s consent through the consent process, Company will bar that child’s registration for an Account, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services.

With regard to school-based activities, COPPA allows Teachers to act in the stead of Parents to provide consent for the collection of personal information from children. Schools should always notify Parents about these activities. For more information on parental rights with respect to a child’s educational record under the Family Educational Rights and Privacy Act (FERPA), please visit the FERPA site.

Guardians have the right to refuse the further collection, use, and/or disclosure of their child’s personally identifiable information.  If Guardians do not wish to allow the further collection, use, and/or disclosure of their child’s personally identifiable information they should immediately deactivate or close the applicable Account or contact us at support@bankaroo.com.  If we learn that we have received personally identifiable information from a child under the age of 13 without the Guardian providing consent, we will delete the child’s Account and all other personally identifiable information collected in conjunction with such Account.

The Guardians of children under the age of 13 understand and agree that Company may provide information collected via the Services, to third parties who use such information for the sole purpose of administering, improving, or providing the Services (e.g., third party security monitoring services and web hosting companies). .We do not knowingly collect personally identifiable information from children under the age of 13. If you are a Guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us other than as set forth in this Section, please contact us at support@bankaroo.com other than as set forth above. A Guardian may review and request deletion of such child’s personally identifiable information as well as prohibit the use thereof. Children are not permitted to use the Website or Services without their Guardians’ involvement and supervision. and Company requests that children under the age of 13 not submit any personal information to the Website.

  1. Security of Personally Identifiable Information

We use reasonable physical, technical and administrative safeguards consistent with standard industry practice to prevent the loss, misuse or alteration of your Personally Identifiable Information. These include the safeguards noted below.

We will store all the Personally Identifiable Information you provide on our secure (password- and firewall-protected) servers.

  1. Confidentiality: We restrict access to Personally Identifiable Information collected about you on the Website to select employees, licensees, consultants, service providers, or others who need to know that information to provide services to you or in the course of conducting our normal business operations. We also advise them about their responsibility to protect Customer data and we provide them with appropriate guidelines for adhering to our company’s business ethics standards and confidentiality policies. If you are a former customer, we protect your information in the same manner that we treat information about our current customers.
  2. Password: To provide you with an increased level of security, we utilize password security measures. Online access to your Personally Identifiable Information is protected with a password you select. We strongly recommend that you do not disclose your password to anyone. We will never ask you for your password in any unsolicited communication (including unsolicited correspondence such as letters, phone calls, or email messages).
  3. Encryption: When you interact on the Website or otherwise through the Services, your Personally Identifiable Information is transmitted through the Internet using Secure Socket Layer (SSL) technology. SSL technology causes your browser to encrypt your Personally Identifiable Information before transmitting it to our secure server. Encryption is the translation of data into a secret code. Once the data resides on our servers, the data remains encrypted. SSL technology, an industry standard, is designed to prevent someone other than operators of our web site from capturing and viewing your Personally Identifiable Information.

You are responsible for keeping the password you use for accessing our Website or Services confidential; we will not ask you for your password (except when you log in to our website).

Despite our efforts to protect your Personally Identifiable Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.  Therefore, we make no representations or warranties with regard to the sufficiency of the above mentioned security measures. No data transmission over the Internet or through mobile devices can be guaranteed to be 100% secure. While we strive to protect your Personally Identifiable Information from unauthorized access, use or disclosure, we cannot ensure or warrant the security of any information you transmit to us on the Website or Services.  There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Therefore, the Company is not responsible for any actual or consequential damages that result from a lapse in compliance with this Privacy Policy as a result of a security breach or technical malfunction.

  1. Amendments

We may update this policy from time to time by publishing a new version on the Website.  The most recent version of the Policy is reflected by the “last updated” date located at the top of this Policy.  Your continued use of the Website or Services following the posting of any changes to the Privacy Policy constitutes acceptance of those changes.

  1. Updating information

Please let us know if the Personally Identifiable Information that we hold about you needs to be corrected or updated. Please contact Customer Service for detailed instructions and assistance.

  1. Links to other Websites

You may encounter links to other websites of service providers not directly affiliated with us. Please be aware that we are not responsible for the information practices of external service providers. We recommend you review the privacy statements of each external websites that collects Personally Identifiable Information. Additionally, other companies which place advertising on our site may collect information about you when you view or click on their advertising through the use of cookies or clear GIFs. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.

  1. Opt Out

We may send you newsletters regarding upcoming features and promotions.  You can opt out from receiving the newsletters by clicking on the “unsubscribe” link at the bottom of any email newsletter, by electing to unsubscribe at http://app.bankaroo.com/site/emailSubscription, or you may send a request to support@bankaroo.com.  Your e-mail address will be removed from our marketing list.  Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in progress. We may use the e-mail and text addresses you provide when you register, to send appointment confirmations and reminders.  You cannot opt out from receiving these email and text messages as it would affect the functioning of the service you are registering to use.  Other emails that you cannot opt out of are emails we may send to update this Privacy Policy or for information about your accounts and our business dealings with you.  These emails will be sent to you as long as you are a registered user of the Website.  If you wish to no longer be a registered user of the Website, please send your request to support@bankaroo.com.

You may request us to refrain from using your information in any other way not listed above by contacting us at support@bankaroo.com or by contacting us as indicated in the “Contact Us” section of this Privacy Policy below.

You may, of course, decline to share certain personally identifiable information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. You may update, correct, or delete your profile information and preferences at any time by accessing your Account preferences page through the Services. Please note that while your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

  1. Visitors of Website from Outside the United States

The Company is governed by the laws of the United States of America.  By using the Website or Services and submitting any Personally Identifiable Information, visitors from outside the United States (i) acknowledge that the Website and Services are subject to U.S. law, (ii) consent to the transfer of Personally Identifiable Information to the U.S., and (iii) waive any claims that may arise under their own jurisdiction.

  1. California Privacy Rights:

Under California law, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties for their direct marketing purposes. The notice will identify the categories of Personal Information shared with third parties, as well as the name and address of the third parties that receive such Personal Information. If you want a copy of this notice, please submit a written request to the following address:

BrightAct, LLC. d/b/a bankaroo

325 Sharon Park Drive, Suite #756

Menlo Park, CA 94025

 

  1. Contact Us

The Company welcomes your questions and comments about this Privacy Policy. If you have any questions, please contact us at support@bankaroo.com.  If you do not receive adequate resolution of a privacy related problem, you may contact us at:

BrightAct, LLC. d/b/a bankaroo, a California limited liability company

Address: 325 Sharon Park Drive, Suite #756,

Menlo Park, CA 94025

Telephone: (650) 924-2558

support@bankaroo.com


Bankaroo Terms of Use

These Terms of Use were last updated and posted on 12/26/2017

This website, located at https://www.bankaroo.com (the “Website”), and any mobile application (“App”) or platform connected or associated with this Website, and any information stored or products and services offered through any of the foregoing (collectively, “Services“), are owned and operated by BrightAct LLC d/b/a bankaroo, a California limited liability company, (“bankaroo”, “we“, “us“, or “our“). The Services provide information and other services and products to a user of the Services (“you“). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS WEBSITE OR THE SERVICES WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS WEBSITE AND DO NOT USE THE SERVICES.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND BANKAROO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

  1. Acceptance
    • Acceptance of Terms of Use. This Terms of Use document (“Terms of Use”) is a legal agreement between you and bankaroo, which states the terms and conditions under which you may access and use the Services. Your access to and continued use of the Services constitutes your agreement to be bound by these Terms of Use. If you do not accept these Terms of Use you must not access or use the Services.  The Terms of Use shall be deemed to include all other operating rules, policies and procedures that are referred to herein or in any App or platform, or that may otherwise be published by bankaroo on the Website from time to time (collectively, “Policies”).  By clicking “I Accept”, or by using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
    • Electronic Communications. You consent to receive electronic communications from bankaroo. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.  By participating in certain Services you acknowledge that you will automatically receive certain messages related to the Services. We default to opt-in.  You may control your notifications preferences from the Website or App or mobile phone settings and opt-out or (or opt back into) messaging at any time.
    • Changes to Terms of Use. bankaroo may, in its sole discretion, revise or update the Terms of Use at any time without advance notice by posting such revised terms here. In any event, use of the Services after such changes are posted will signify your acceptance of these revised terms. It is Your responsibility to visit this page periodically to review this Terms of Use.
    • License to Services. Subject to your compliance with the terms and conditions of these Terms of Use, bankaroo grants you a limited, non-exclusive, non-transferable, non-sublicensable license: (i) to use and access the Services via your Account, (ii) to download and install a copy of the App on a mobile device, and (iii) to view any User Content to which you are permitted access, each of (i-iii) above solely for your personal and non-commercial purposes.
    • Use of the Services by Children. You may register an Account in order to obtain Services on behalf of children under the age of 18 for whom you are the legal parent or guardian (“Parent”) or the applicable authorized school administrator or teacher (“Teacher”) (“Parent” and “Teacher” collectively referred to herein as “Guardian”). If you register as the Guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use.  We comply with the Children’s Online Privacy Protection Act (COPPA).  The Guardian of each child under the age of 13 must register for an Account and at all times supervise the use of our Services by such child.  If a Guardian does not consent to a child’s access to and use of the Services or does not verify the Guardian’s consent through the Account registration process, Company will bar that child’s registration for an Account, prevent the child’s access to and use of the Services, and ensure that such child’s information is not accessible through the Services. If a Guardian has consented to a child’s access to and use of the Services but wishes to rescind such consent, the Guardian should contact us at support@bankaroo.com to submit the request. Guardians of children under the age of 13 understand and agree that Company may provide information submitted to us, or collected via the Services, to third parties who use such information for the sole purpose of administering or providing Services. Please see our Privacy Policy, available at https://www.bankaroo.com/legal/ for more information on how we collect, use, and disclose information from our users.

 

 

  1. Eligibility

You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Terms of Use.  bankaroo may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to other restrictions, you must abide by such limits or other restrictions.

  1. Customer Privacy

bankaroo understands the importance of maintaining the privacy of your Personal Information. Please review our Privacy Policy carefully, located at https://www.bankaroo.com/legal/, which is included in and makes up a part of this Terms of Use. This describes how Personal Information about you may be collected, used, and disclosed.  You understand and warrant that some information and records pertaining to your Evaluation may be subject to mandatory disclosure to relevant government authorities under the applicable and governing laws and regulations of your State.

  1. Code of Conduct

You agree not to use the Services or any other service bankaroo provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of these Terms of Use. This includes but is not limited to, and you hereby undertake not to do, the following:

  1. conduct or promote any illegal activities while using the Website or Services;
  2. hold yourself out as sponsored by, endorsed by, or affiliated with the Website or Services;
  3. upload, post, email, transmit or otherwise make available information that is unlawful, infringes on another’s intellectual property and other rights, or is harmful to minors in any way;
  4. use any portion of the Website, Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable;
  5. attempt to interfere with any other person’s use of the Services
  6. attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that you receive hereunder and any software programs used by us in connection with the Services, including the source code of the Services;
  7. attempt to gain access to secured portions of the Website or Services to which you have no permission to enter, including database, computer systems or servers or access to the account of another person or entity;
  8. upload or transmit any form of virus, worm, trojan horse, or other malicious code;
  9. use any portion of the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation;
  10. use any automatic or manual process to search or harvest information from the Website or Services, to interfere in any way with the proper functioning of the Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services;
  11. misrepresent your identity or impersonate any person or entity, including, without limitation, a Nimble representative,
  12. collect personally identifiable information of other users of the Services or to sell or otherwise exploit that information,
  13. use the Website or Services to build a competitive product or service or make a product or service with similar features, functions, text, or graphics,
  14. make derivative works based on the Service or Website or any content therein or copy any features or functions, text, or graphics of the Services or Website, or “frame” or “mirror” the Service,
  15. Remove or modify any copyright or other intellectual property notices that appear in the Services;
  16. Attempt to probe, scan or test the vulnerability of any bankaroo’s system or network or breach any security or authentication measures;
  17. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by bankaroo or any of bankaroo’s providers or any other third party (including another user) to protect the Services;
  18. distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services.
  19. use the Website for any commercial purpose except as expressly permitted herein;
  20. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  21. use automated scripts to collect information from or otherwise interact with the Services;
  22. register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
  23. upload, post, transmit, share, store or otherwise make publicly available on the Services any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;
  24. intimidate, bully, shame, or harass other Users;
  25. upload, post, transmit, share, store, or otherwise input any false or misleading content or data with the intent of cheating or subverting the intended Services;
  26. Encourage or enable any other individual to do any of the foregoing.

bankaroo reserves the right to take whatever lawful actions it may deem appropriate in response to abovementioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong, including, without limitation, the suspension or termination of your access to the Services.  bankaroo will not have any liability whatsoever to you for any termination of your rights under these Terms of Use.

  1. Your Account
    • Account Registration. You are not obligated to register with us in order to access or use the Website. However, use of the App and of certain Services of the Website are available only to users who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Account is truthful and accurate, and that you will maintain the accuracy of such information (including email).  You further represent and warrant that you have all right, title, and interest necessary to post your Content to the Any individual user may only register for and maintain one (1) Account, and each Account may be associated with only one Authorized Payment Method.
    • Passwords; Account Security. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account, whether or not you are aware of such activity. You agree to immediately notify bankaroo of any known or suspected unauthorized use of your Account. bankaroo is not liable for any loss or damage arising from your failure to comply with the above requirements.
    • Compliance with Law. You may copy information from the Services only as necessary for your personal use to view, save, print, fax and/or e-mail such information. Except as otherwise permitted herein, you agree not to provide/post/authorize a link to any of the Services from a third party website.  You agree that you shall not authorize others to use your Account; that you may not and shall not assign or otherwise transfer your Account to any other person or entity.
    • License to User Content. bankaroo may, in our sole discretion, permit users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service, you hereby grant to bankaroo a worldwide, perpetual, non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, display, sublicense, transmit, reproduce, distribute, or make derivative works of such User Content on, through or by means of the Services.  You further grant the other users of the Website, the viewers of the User Content, a non-exclusive license to reproduce, transmit, display, disclose, perform, and otherwise use your User Content through the functionality of the Website or Service.  We do not claim any ownership rights in any User Content and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit any User Content.  You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or App or you have all rights, licenses, consents and releases that are necessary to grant to bankaroo and to the rights in such User Content, as contemplated under these Terms of Use; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any applicable law or regulation, or otherwise be obscene, harassing, defamatory, threatening, or offensive.

 

  1. Fees and Payment.

Your use of the Services may now or in the future be subject to your payment of the applicable fees (“Fees”). If you use any paid Services, you must specify a verified account with one of bankaroo’s PCI-compliant payment processors (the “Payment Processor”) that will be used to make payments to bankaroo (the “Authorized Payment Method”).  bankaroo does not itself see or store any of your credit card details.  In the future, bankaroo may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in US dollars, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third party Payment Processor is subject to such Payment Processor’s terms and conditions.   IN THE EVENT OF A DISPUTED CHARGE, YOU SHOULD CONTACT BANKAROO FIRST AND ATTEMPT TO RESOLVE THE MATTER WITH OUR CUSTOMER SERVICE REPRESENTATIVES, WHO CAN BE REACHED AT SUPPORT@BANKAROO.COM. FAILURE TO FIRST CONTACT CUSTOMER SERVICES BY DIRECTLY CONTACTING THE PAYMENT PROCESSOR MAY RESULT IN A LOSS OF APP PRIVILEGES.  All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee’s net income).  All refund requests must be made by you to Customer Service within one month after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Services, then we have the right to suspend the User’s account indefinitely, until the dispute is resolved.

 

  1. Termination
    • Right to Termination: Except as may be expressly limited by the Privacy Policy, the bankaroo reserves the right at all times to disclose any information as bankaroo deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the bankaroo’s sole discretion. Further, bankaroo reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website or Services to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate your Accounts. You agree that bankaroo will not be liable to you or any third party for any modification, suspension, or discontinuation of the Website or Services or any part thereof.  You may delete your Account at any time, for any reason, by following the instructions on the Website.  Your Account is not terminated simply by deleting Apps from your mobile device. Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Services, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay Fees) and all remedies for breach of the Terms of Use shall survive.  After termination, we have no obligation to maintain any content or data submitted by you in your Account, or to forward any unread or unsent messages to you or any third party.
    • Right to Remedies:You agree that any violation or threatened violation of these Terms of Use may cause us irreparable and unquantifiable harm, and you agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
    • Right to Monitor:bankaroo neither actively monitors use of the Services nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through the Services. However, bankaroo does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials or User Content that, in bankaroo’s sole discretion may, be illegal, subject bankaroo to liability, violate these Terms of Use, or are, in the sole discretion of bankaroo, inconsistent with bankaroo’s purposes for this Website or the Services.

 

  1. Disclaimer of Warranty

The Service, including the Website, App, or any related service, is provided on an “as is” and “as available” basis, with all faults. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, no liens, no encumbrances, workmanlike effort, and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade. If you are dissatisfied or harmed by anything relating to the Services, you may leave the Services and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, complete, reliable, free of viruses or other harmful code. If applicable law requires any warranties regarding the Services, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.  No oral or written information or advise given by bankaroo or its authorized representatives shall create a warranty or in any way increase the scope of this warranty.  You are responsible for compliance with local laws. bankaroo is not responsible or liable in any manner for any material submitted by you or by a Third Party that is posted on or accessible through the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Services or for the conduct, whether online or offline, of any user. We may post testimonials for informational purposes only.  Any information that could be regarded as a testimonial or endorsement on the Website or Services does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.

 

  1. Limitation of Liability

BANKAROO AND ITS AFFILIATES, VENDORS, LICENSORS, AND OTHER THIRD PARTIES MENTIONED ON THE SITE ARE NEITHER RESPONSIBLE NOR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE, WEBSITE, APP, CONTENT OR INFORMATION CONTAINED WITHIN ANY OF THE FOREGOING, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE WEBSITES AND/OR THE SERVICE.   You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Services. Your access to, and use of, the Services is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the lesser of (i) the amount paid by you for any product or service purchased by you from us through the ServiceS or through any other website or source during the preceding twelve (12) month period or (ii) One Hundred dollars ($100); provided, that any claims arising out of or in connection with your use of the ServiceS must be brought within one (1) year FROM the event giving rise to such action occurred. The existence of more than one claim will not enlarge this limit. You understand and agree that your use of the ServiceS is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the ServiceS.  THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.  SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO BANKAROO FOR USE OF THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM BANKAROO, REGARDLESS OF THE CAUSE OF ACTION.THIRD PARTY SERVICES; LIMITATION OF LIABILITY.

  1. Third Party Service Providers.
    • Generally. We may introduce you to, or you may otherwise come into correspondence with, third party service providers through the use of the Services, Website, or App, for the purposes of providing services. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE BANKAROO FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. You acknowledge that third party service providers providing services requested through bankaroo may not be professionally licensed or permitted.  WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APP OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE BANKAROO FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APP OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”
    • No Warranty for Third Party Services. BANKAROO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.  THE QUALITY OF THE THIRD PARTY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APP IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO A THIRD PARTY SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
    • Third Party Advertising. bankaroo may rely on third party advertising and marketing supplied through the App or Service and other mechanisms to subsidize the App or Service. You agree to receive such advertising and marketing.  bankaroo may compile and release information regarding you and your use of the App or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.

 

  1. Assumption of Risks; Indemnification

You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable), relating to your access to and activities with respect to the Services, or relating to information, or services, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Services or use therein.

By viewing the Website or using the Services you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, bankaroo from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website or through the Services; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any User Content you uploaded to the Website or Services. bankaroo reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of bankaroo. bankaroo will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of bankaroo’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by bankaroo, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any bankaroo website, property, product, program, other content or any and all activities or actions related thereto. By using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a California resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of California, and any similar law of any state or territory, which provides as follows: “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.”

  1. Account Hold

If bankaroo believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, bankaroo will investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of third parties, including any applicable credit card company. bankaroo will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.

  1. Intellectual Property
    • Copyright:Except as otherwise expressly stated, the Website, App, Services, and all content thereon (except User Content) is the copyrighted work of BrightAct, LLC d/b/a bankaroo and/or its suppliers, affiliates, vendors, and third party licensors and content suppliers and is protected by U.S. and international copyright laws. If you provide bankaroo with any feedback, suggestions, enhancements requests, ideas, recommendations regarding the Website or the Services you hereby assign to bankaroo all rights to such information and agree that bankaroo shall have the right to use and fully exploit such information in any manner it deems appropriate. bankaroo will treat any of such information as non-confidential and non-proprietary. You agree that you will not submit any information that you consider to be confidential or proprietary.  Any rights not expressly granted by these Terms of Use or any applicable end user license agreements are reserved by bankaroo and/or its vendors and licensors.
    • Download and Use of Information. You may download information from the Website or Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of bankaroo or any applicable third party suppliers. The use of information by you is prohibited unless specifically permitted by bankaroo. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website or Services from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in bankaroo’s sole discretion). bankaroo reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with bankaroo’s Website or this Terms of Use. Any unauthorized use terminates the permission or license granted to you by bankaroo to use the Website.
    • Infringement. bankaroo does not warrant or represent that your use of any information or other materials displayed on the Services will not infringe rights of third parties. Your use of any of the information or materials beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided information or materials. bankaroo is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless bankaroo from and against any claims, by an owner of data or image rights or any third party resulting from violation of these Terms of Use.
    • DCMA Notice. If you believe that any part of the Website or Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at support@bankaroo.com with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide bankaroo’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
    • Trademarks and Service Marks:Certain trademarks on the Services are the service marks and trademarks of bankaroo, the Practitioners, or other licensees of bankaroo. The domain name for the Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of bankaroo. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website or the Services without the prior written authorization of bankaroo.
    • Ownership of information submitted via the Services:While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to bankaroo via the Services, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of bankaroo. In addition, as bankaroo property, to the extent allowed by law such information may be used by bankaroo for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, bankaroo will make every effort to de-identify any information which may personally identify you, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Services. bankaroo shall be free to use any ideas, concepts, or techniques contained in any communication you send to bankaroo via the Services or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because bankaroo owns the Transmitted Information, bankaroo has no obligation to you or any third party to provide a record of Transmitted Information to either party upon request. bankaroo is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Services are solely between you and such user.
    • Internet Access. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the App transmitting and receiving data (including but not limited to data roaming charges). The Service may be subject to, and we are not responsible for, limitations, delays, and other problems inherent in the use of the internet and electronic communications.  As described in our Privacy Policy, the App will automatically transfer a small amount of data as part of its normal operation, including how you use the App, which content you access, and technical errors which the App may encounter. By using the App, you consent to the automatic collection of this information.
    • Ownership. The Services, including the Website and the App are the property of bankaroo, and subject to the intellectual property rights of bankaroo and its licensors.  Any rights not expressly granted herein are reserved.

 

  1. Third-Party Content
    • No Statement as to Accuracy:bankaroo has no editorial control or responsibility over the content included in the Services provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Services are those of such third party suppliers or users, respectively. bankaroo does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
    • Links to Third Party Websites:The Website or Services may contain hyperlinks to other sites owned and operated by parties other than bankaroo. We do not control such sites, are not responsible for their content or accuracy or any products or services available from such sites, and do not endorse these sites. We accept no liability for any information, products, promotions, advertisements, or services accessible through these third party sites or for any action you may take as a result of linking to any such website. Your reliance on such information is solely at your own risk.  bankaroo is under no obligation to maintain any link and may remove a link at any time in its sole discretion for any reason whatsoever.  You understand that bankaroo has no obligation to, and generally does not, approve or monitor Third Party content provided by third parties through the Services. Your dealings with any third party arising in connection with the Services are solely between you and such third party, and bankaroo takes no responsibility for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties. If you decide to leave the Services and access a Third Party website or to use or install any Third Party application, software, or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services or relating to any applications you use or install from the Services.  Even if we recommend certain products, we are not offering any warranties about the quality or safety of such products, either explicit or implied. You are solely responsible for your interactions with other bankaroo users. We reserve the right, but have no obligation, to monitor and/or resolve disputes between you and other users. In the event that we do resolve a dispute between or among you and other users, our decision shall be final.

 

  1. Miscellaneous Terms
    • CAN-SPAM ACT Compliance.We are committed to being compliant with the “Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003” (“CAN-SPAM Act“), and email newsletters and correspondence received from us are intended to fully comply with the CAN-SPAM Act. In the event you receive an email from us that you do not believe is fully compliant with the CAN-SPAM Act, please contact us immediately at support@bankaroo.com . You can click to unsubscribe or opt-out of email communications from bankaroo at any time or reply by typing “unsubscribe” in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from bankaroo while remaining a user, you will become ineligible for receipt of and use of our services.
    • You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from bankaroo, or any products utilizing such data, in violation of the United States export laws or regulations.
    • Entire Agreement.These Terms of Use constitutes the sole agreement between you and bankaroo relating to your use of the Service, and supersedes all prior or contemporaneous communications of any kind between you and bankaroo with respect to the Service, and no representations, statements or inducements, oral or written, not contained in these Terms of Use shall bind either you or bankaroo.
    • If any part of these Terms of Use are found to be unenforceable under applicable law, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the enforceability of the remaining provisions.
    • No Assignment.You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder, at any time, without notice to you. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees.
    • No Waiver.Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by bankaroo of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
    • The Terms of Use are governed by and construed in accordance with the laws of the State of California, USA and United States Federal Law without regard to any conflicts of law provisions. Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to these Terms of Use will be resolved through mandatory binding arbitration that will be conducted in San Mateo County, California as provided below.
    • These Terms of Use contain an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted.Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first send notice to bankaroo to support@bankaroo.com . Any dispute must be initiated with an AAA arbitrator in San Mateo County, California, within one (1) year of occurrence or to the maximum extent permitted by law. Both parties must keep the dispute confidential, to the maximum extent permitted by law. If one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.
    • Force Majeure.The performance of bankaroo hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.
    • Notwithstanding any provision in these Terms of Use to the contrary, the following provisions shall survive termination or expiration of these Terms of Use: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
    • Contact Us.If you have any questions about these Terms of Use, please contact us at support@bankaroo.com or the mailing address provided below. We will attempt to respond to your questions or concerns promptly.

BrightAct LLC d/b/a bankaroo
325 Sharon Park Drive, Suite #756,

Menlo Park CA 9025
(650) 924-2558
support@bankaroo.com