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Terms of Use

Terms Of Use

Last Modified: May 15, 2020

These Terms of Use (“Terms”) govern the use of the website BrighterPays.com (“we,” “us,” or the “Website”). Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Acknowledgment

By using the Website, you affirm that you are over the age of 18 and that you are able to form a binding, legal contract. The Website is not intended for use by consumers under the age of 18. You agree not to use the website for any purpose that is unlawful or prohibited by these Terms of Use. Our Privacy Policy is incorporated into, subject to, and made part of these Terms of Use. The Website provides an infomediary service that will attempt to connect you with third party lenders and we do not charge you a fee for the use of our website or services. Our website is free to use. However, we have a financial connection to the providers of the goods and services referred to on the website, and we may receive payment for each qualified sale or payment for each potential customer referral.

Third Party Content And Links To Third Party Websites

We may, from time to time, (i) link to other sites that we feel may be useful to you, and (ii) post content to our website that is supplied by third parties, including independent third party lenders (collectively “Third Party Content”). Third Party Content is not under the control of the Website. We make no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Third Party Content, any services accessible by hyperlink or referred from our website, links contained in any Third Party Content, or any review, changes, or updates to a third party website or for third party websites that link to our website. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in Third Party Content are those of the respective authors or distributors and not of the Website. The existence of such third party links should not be considered an endorsement or recommendation of those websites or any products and/or services offered on those websites. It is important to note that once a consumer leaves the Website, these Terms of Use do not govern your use of any third party website, including any lender’s website, and consumers are encouraged to review the applicable terms of use and privacy policies of any third party websites.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide for connecting to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Website, its owners, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Website, or any other person or entity associated with the Website (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE WEBSITE, ITS AFFILIATES, LICENSORS, AND BUSINESS PARTNERS, INCLUDING WITHOUT LIMITATION, THE WEBSITE’S SERVICE PROVIDERS, NETWORK OF LENDERS, AND BANKS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FOR ANY CLAIMS, CAUSES OF ACTIONS, PROCEDURES OR ALLEGATIONS ARISING OUT OF OR RELATING TO ANY VIOLATION OF THESE TERMS, YOUR USE OF THE WEBSITE, WEBSITE CONTENT OR USER CONTENT (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. THE WEBSITE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO DEFENSE BY YOU.

DISCLAIMER OF WARRANTIES

WE UTILIZE REASONABLE EFFORTS TO ENSURE THE INFORMATION PRESENTED ON THIS WEBSITE IS ACCURATE, BUT CANNOT GUARANTEE SUCH ACCURACY. THE WEBSITE, THE WEBSITE CONTENT, AND USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON THE WEBSITE FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE WEBSITE CONTENT OR USER CONTENT ON THE WEBSITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT THE WEBSITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE WEBSITE, ITS AFFILIATES, BUSINESS PARTNERS, AND/OR ANY OTHER PARTIES INVOLVED IN DEVELOPING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE HELD LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE DAMAGES, OR ATTORNEY’S FEES ARISING OUT OF A CONSUMER’S ACCESS TO, OR USE OF, THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND THE WEBSITE’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED

Privacy Practices

Our Privacy Policy is incorporated into, subject to and made part of these Terms. Click here to review our website’s Privacy Policy.

Submitting A Loan Request

The Website is not a lender, does not broker loans, and does not make credit decisions. Instead, we offer an infomediary service that will attempt to connect you with independent, lenders and financial service providers who may secure a loan for you. Therefore, submitting a request to be connected with a lender on this website does not signify you will be guaranteed a loan or connected with a lender. We reserve the right at any time to accept or decline your request to be connected for any reason or no reason at all. We may require additional verifications or information before attempting to connect you with a lender. The Website is not responsible for requests that cannot be connected to lenders or cannot be funded by lenders. Any eligibility determinations to qualify for funding aren’t made by us; they are made by lenders you may be connected with on this site.

Waiver and Severability

No waiver by the Website of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Law And Venue

All matters relating to the Website and these Terms of Use, 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 Terms of Use or the Website 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.

Class Action Waiver

To the extent allowed by law, you and this site each agree to waive any right to pursue disputes on a consolidated or class-wide basis; that is, to either join a claim with the claim of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. YOU HEREBY UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST THIS SITE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Binding Arbitration

At our sole discretion, we may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. BY AGREEING TO ARBITRATION, YOU AGREE THAT YOU ARE WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY IN ANY ACTION IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Miscellaneous

The Website makes no representations that the website is appropriate or available for use in locations outside of the United States. By offering this website and its content, no distribution or solicitation is made by the Website to any person to use the website or its content in any jurisdiction where the provision of this website is prohibited by law. You affirmatively agree to obey all federal, state, and local laws, regulations, and rules that apply to your activities when you use the website. All rights not expressly granted are reserved to the Website.

Contact Information

If you have any questions regarding these Terms, you may contact us [email protected]