SMS Terms And Conditions
Please read these terms and conditions carefully. By entering your mobile telephone number and checking the box as part of the submission of your loan request form on BrighterPays.com (the “Website”), you expressly consent to receive both non-marketing and marketing text messages from the Website, including text messages made with an autodialer at the mobile telephone number(s) that you provided on your request form. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to obtain any services on our site.
Use of SMS and Text Messages
The Website, after a consumer successfully opts in to receive them via express written consent, may send text messages to consumers interested in personal financial products. Our text messages are intended to provide the consumer with information about the submission request, as well as additional goods and services that may be offered by the Website. The lender you might be connected with may also contact you via electronic means to provide information about your loan request or to verify your information as part of the underwriting process if you’re approved (“Subscription”). Message and data rates may apply, please check with your carrier for more details.
How to Opt-out
If you no longer wish to receive text messages from us, follow the instructions given in the message or text “STOP” to the number from which you no longer wish to receive messages. You may receive confirmation of your opt-out from the text messaging platform. You might also be provided with the unsubscribe link which will take you to the website where you opted-in initially. You can also unsubscribe from all future SMS notifications from us by emailing us at [email protected]
Access to the Services
In order to receive these notifications, you must have a mobile communications subscription with a participating carrier, or otherwise have access to a mobile communications network through which the Website can send these notifications, as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES.ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER’S CUSTOMER SUPPORT TEAM.
Supported Carriers include, but are not limited to: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS. The wireless carriers are not liable for delayed or undelivered messages.
In addition, you must provide all equipment and software necessary to participate in the Subscription, including, but not limited to, a mobile handset or other mobile access devices that is in working order and suitable for use in connection with the Subscription.
We reserve the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Subscription. We use reasonable efforts to ensure that its services are always available. However, there will be occasions when the services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide on the loan request. If you are not the account holder, you represent and acknowledge that you have the express permission of the account holder to engage in the Subscription. If you change your mobile telephone number, you are responsible for notifying us immediately by emailing us at [email protected]
You agree to indemnify the Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Age Requirements and Service Limitations
Consumers who opt-in for these notifications must be at least 18 years of age. By subscribing to receive our notifications, you are representing that you are at least 18 years old. We reserve the right to terminate any account upon a discovery that the consumer does not meet these minimum age requirements.
You are solely responsible for all security information relating to your Subscription and are fully responsible for all activities that occur under your mobile phone number.
Changes to Terms and Conditions
The Website may revise, modify, or amend these SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to the Company’s website. You agree to review these SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive our text messages will indicate your acceptance of those changes.
Termination of Text Messaging
The Company may suspend or terminate your receipt of its text messages if it believes you are in breach of these SMS Terms and Conditions. Your receipt of our text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of Company text messages, with or without notice.
Disclaimer of Warranties
TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THE SERVICES OFFERED TO THE PUBLIC BY BRIGHTERPAYS.COM COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK CARRIER
Limitation of Liability
We are not responsible and will not be liable for any other damages of any nature, including any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Law And Venue
All matters relating to these SMS Terms and Conditions, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these SMS Terms and Conditions shall be instituted exclusively in the United States District Court for the District of Delaware or in the Delaware Court of Chancery for, in each case located in the County of Kent. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you have questions regarding these SMS Terms and Conditions, please reach out to us via email at [email protected]