- 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.
- Using Personally Identifiable Information
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;
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.
- Disclosing Personally Identifiable Information
The Service may disclose your Personally Identifiable Information as follows:
- 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.
- 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 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 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.
- 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.
- Tracking technologies
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Third party’s Websites and Services
- 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.
- 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.
- 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 email@example.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 firstname.lastname@example.org 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.
- 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.
- 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.
- 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).
- 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).
- 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.
- Links to other Websites
- Opt Out
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.
- 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.
- 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
- Contact Us
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
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.
- 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.
- Customer Privacy
- Code of Conduct
- conduct or promote any illegal activities while using the Website or Services;
- hold yourself out as sponsored by, endorsed by, or affiliated with the Website or Services;
- 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;
- 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;
- attempt to interfere with any other person’s use of the Services
- 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;
- 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;
- upload or transmit any form of virus, worm, trojan horse, or other malicious code;
- 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;
- 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;
- misrepresent your identity or impersonate any person or entity, including, without limitation, a Nimble representative,
- collect personally identifiable information of other users of the Services or to sell or otherwise exploit that information,
- 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,
- 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,
- Remove or modify any copyright or other intellectual property notices that appear in the Services;
- Attempt to probe, scan or test the vulnerability of any bankaroo’s system or network or breach any security or authentication measures;
- 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;
- distribute or post spam, chain letters, pyramid schemes, or similar communications through the Services.
- use the Website for any commercial purpose except as expressly permitted herein;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- use automated scripts to collect information from or otherwise interact with the Services;
- 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;
- 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;
- intimidate, bully, shame, or harass other Users;
- 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;
- Encourage or enable any other individual to do any of the foregoing.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
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.”
- 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.
- Intellectual Property
- 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 email@example.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. 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.
- 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.
- 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 firstname.lastname@example.org . 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.
- 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.
BrightAct LLC d/b/a bankaroo
325 Sharon Park Drive, Suite #756,
Menlo Park CA 9025