Brigit Terms of Use
<p>(Last revised April 14, 2021)</p>
<p>The following terms of use are a legal agreement (the "Agreement")
between you ("you", "your", or "user") and Bridge IT, Inc., its
subsidiaries, affiliates, agents and assigns ("Brigit", "we", "us", or
"our") that sets forth the terms and conditions for your use of Brigit's
website located at
[www.hellobrigit.com] and all
affiliated websites (collectively, the "Site"), and/or the products and
services offered, operated or made available by Brigit, including but
not limited to its mobile applications (collectively, the "Services").</p>
<p>The Site and Services are owned and operated by Brigit.
This Site and
Services are being provided to you expressly subject to this Agreement.
By accessing, browsing and/or using the Site or the Services, you
acknowledge that you have read, understood, and agree to be bound by the
Agreement of this Agreement and to comply with all applicable laws and
regulations.</p>
<p>
<b>THIS AGREEMENT ALSO INCLUDES AMONG OTHER THINGS, A
BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER.
PLEASE REFER TO SECTION 20 BELOW FOR MORE INFORMATION.</b>
</p> 1.
Acceptance of Agreement
<p>Please carefully review this Agreement before using this Site or
Services or accessing any data thereon.
This Agreement represents an
agreement between you and Brigit, and contains the Agreement and
conditions governing your use of and access to the Site and the
Services.
<b>If you do not agree to this Agreement, you may not access or
use the Site or the Services.</b> Please print out a copy of the Agreement
of use for your records.</p>
2.
Eligibility
<p>To use the Site or the Services and to accept the Agreement:</p>
<ul>
<li>
<p>You must be a US citizen or a legal US resident;</p>
</li>
<li>
<p>You must be at least eighteen (18) years old or the age of majority
in your jurisdiction.
and</p>
</li>
<li>
<p>You must not be prohibited by law from using the Site or the Services.</p>
</li>
</ul>
<p>To use the Services, you must also meet both of the following criteria:</p>
<ul>
<li>
<p>You must have a checking account with one of our supported banks or
credit unions (a "Bank Account").
and</p>
</li>
<li>
<p>Your Bank Account must enable our third-party data aggregators to
view your transactions for the last ninety (90) days.</p>
</li>
</ul>
<p>Note: Brigit does not support joint Bank Accounts.</p>
3.
Modification of This Agreement
<p>Brigit reserves the right to modify this Agreement at any time and will
notify you of any such changes by posting the revised Agreement on the
Site.
You should check this Agreement on the Site periodically for
changes.
All changes shall be effective upon posting.
We will date the
Agreement with the last day of revision.</p>
<p>Your continued use of the Site or the Services after any change to this
Agreement signifies your agreement to be bound by any such changes.
Brigit may terminate, suspend, change, or restrict access to all or any
part of this Site or the Services without notice or liability.</p>
4.
Brigit User Account Registration and User Information Updates
<p>To access and use the Services, you must create an account (a "Brigit
User Account") and complete the registration process.
This process will
require you to create a login ID and a personal identification number
("PIN").</p>
<p>When you sign up for the Services, you agree to provide truthful,
accurate, current and complete information, such as your name, email
address, and mobile phone number ("Account Information").
You further
represent that you are a legal owner of, and that you are authorized to
provide us with, all Account Information and other information necessary
to facilitate your use of the Services.</p>
<p>You agree to update Brigit in the event that the Account Information
provided by you changes, and Brigit will not be held liable for any
errors or fees that occur as a result of outdated Account Information.</p>
<p>Should any of your Account Information change, you agree that you will
update this information as soon as possible.
To update your Account
Information, you may go to the Profile section of the Brigit app, click
on "Settings," and update your Account Information accordingly.</p>
<p>Should you believe or have reason to believe that any of your Account
Information, including your email, phone number, and/or PIN, has been
compromised, or that another person is accessing your Brigit User
Account through some other means, you agree to notify us as soon as
possible at info@hellobrigit.com.</p>
5.
Privacy Policy
<p>Your privacy is important to Brigit.
The company highly values and
respects the privacy of the personal information we obtain from you when
you use the Site or the Services.
For details on how we handle and
protect data, Brigit maintains a Privacy
Policy.
We reserve the right to
update the Privacy Policy at our discretion, and that any changes made
to our Privacy Policy are effective upon posting.</p>
6.
Third-Party Account Information
<p>To use the Services, you must also direct Brigit to retrieve your
account transaction history, balance information, and/or other
information maintained by third-parties with which you have
relationships, maintain accounts or engage in financial transactions
("Third-Party Account Information").</p>
<p>Brigit works with one or more third-party service providers, to access
this Third-Party Account Information.
By using the Services, you license
and authorize Brigit to access this information maintained by identified
third parties, on your behalf as your agent, and you expressly authorize
such third parties to disclose your information to us.
By agreeing to
this Agreement, you are also agreeing that you are responsible for
keeping your passwords and usernames for this Third-Party Account
Information secure, and for keeping those passwords and usernames up to
date in the Services.</p>
<p>You acknowledge that any Third-Party Account Information that is
displayed through the Services will be the information we most recently
accessed, and that this information may not reflect pending transactions
or other recent activity.</p>
7.
Brigit's Services &.
Fees
7.1.
Overview of Brigit's Free Features
<p>As a baseline, Brigit offers several no fee products to its users.
These
products include tools to track your income and expenses, and alerts
about estimated upcoming bills and other expenses.
Brigit will monitor
your Bank Account and notify you when your Bank Account balance is in
danger of being overdrawn and, in turn, help you avoid overdraft fees.</p>
7.2.
Brigit Plus (Additional Features)
<p>In addition to the free features, Brigit may be able to provide you with
certain premium features ("Brigit Plus").
Brigit Plus provides users
access to advanced analytical &.
budgeting tools, credit monitoring,
credit building, and, if eligible, direct integration with Brigit's
Advance service.</p>
7.2.1.
Membership Fee for Brigit Plus
<p>Brigit Plus is subject to a $9.99 per month subscription fee (the
"Membership Fee").
We require that you link a Bank Account or debit card
(a "Payment Method") for payment of the Membership Fee.
We will
automatically charge your Payment Method for the Membership Fee every
month on your last payday of the month unless or until you cancel your
membership or your Brigit User Account is otherwise terminated.
Upcoming
dates upon which you will be charged for subsequent Membership Fees will
also be displayed in the app.</p>
<p>Brigit will do its best to collect the Membership Fee when you have the
funds available to pay the Membership Fee.
Brigit will attempt to avoid
charging you for Brigit Plus if we detect that your Payment Method does
not have sufficient funds to cover the charge.
If our attempt to charge
you for the Membership Fee is declined, Brigit reserves the right to try
up to two (2) additional times, for a total of three (3) debit attempts.
After that, Brigit will not attempt without a subsequent authorization
from you.
This may result in a change of date for which you are billed
for each period.</p>
<p>Brigit monitors your balance and does its best effort to ensure you have
sufficient funds before debiting your account, but the company makes no
warranties that an overdraft will not occur.</p>
<p>The Membership Fee may be discounted from time to time by our customer
service team, or through partnerships with affiliates.
If you receive a
discounted price on signup, we will notify you at least 30 days before
we make any changes to the discounted pricing.</p>
7.2.2.
Credit and Debit Authorization For Brigit Plus
<p>Consistent with Section 7.2.1, if you enroll in Brigit Plus, you
authorize Brigit to electronically debit your Payment Method for the
Membership Fee once each month.
As applicable, you also authorize Brigit
to electronically debit and credit your Payment Method to correct
erroneous debits and credits.
You have the right to receive notice of
any debit for the Membership Fee that would vary in amount from a
previous Membership Fee, but you agree that we only need to notify you
in advance if a particular debit from your Payment Method would be more
than $9.99.
(Our policy is that no single debit will exceed $9.99, so
we expect not to provide you with advance notice of each ongoing debit
from your Payment Method.)</p>
<p>You acknowledge that, as applicable, the electronic authorization
contained in this Section represents your written authorization for
automated clearinghouse ("ACH") transactions as provided herein and will
remain in full force and effect until you notify Brigit that you wish to
revoke this authorization by emailing
info@hellobrigit.com.
You must
notify Brigit at least three (3) business days before the scheduled
debit date in order to cancel this authorization.
When you call or
email, please include the name and telephone number associated with your
Brigit User Account.
Failure to provide correct and complete information
may make it impossible for Brigit to stop withdrawal of the
preauthorized withdrawal.</p>
<p>You agree to indemnify and hold harmless Brigit from and against any
loss incurred as a result of its withdrawal of a preauthorized debit
transaction from your Bank Account or debit card if any of the
information relied upon in your request to stop payment is incorrect or
incomplete.
If you have followed the instructions in this section to
notify Brigit of your desire to revoke your authorization at least three
(3) business days before the scheduled debit date, Brigit will be liable
for your losses or damages directly caused by our failure to stop any
preauthorized transaction.
If we do not receive notice at least three
(3) business days before the scheduled debit date, we may attempt, in
our sole discretion, to cancel the transaction.
However, we assume no
responsibility for our failure to do so.</p>
<p>You warrant and represent to Brigit that you have the right to authorize
us to charge and credit your Bank Account or debit card for payments due
to us under this Agreement.</p>
<p>You represent that you are capable of saving or otherwise storing a copy
of this electronic authorization for your records, and the credit and
debit transactions you request comply with applicable law.</p>
7.3.
Credit Monitoring Service
<p>You may opt-in to use the credit monitoring service offered by a
third-party provider, Array.</p>
<p>Use of Brigit's Instant Cash (Advance Service) product does not affect
your credit score.</p>
<p>Brigit will not store the information on its servers nor will it request
this information unless authorized by an individual to do so.</p>
7.4.
Credit Builder Service ("Credit Builder")
<p>The Brigit Credit Builder (included in the Brigit Plus membership) is a
service provided by Brigit and its bank partner, Coastal Community Bank,
Member FDIC, to help you improve your credit scores.
The Brigit Credit
Builder product is separate from the Brigit Advance service.
Section 7.4
is applicable only for the Brigit Credit Builder service.
Brigit Credit
Builder installment loans and lines of credit are issed by Coastal
Community Bank, Member FDIC, subject to approved underwriting practices.</p>
7.4.1.
Customer Identification Program Notice for Credit Builder
<p>Federal law requires companies like us to obtain, verify, and record
information that identifies each person who opens an account.
If you
apply for a Brigit Credit Builder Account, we may ask you for your name,
date of birth, street address, identification number (like a Social
Security Number), and any other information we may require.
We may share
the information you have provided us to our banking partner, Coastal
Community Bank, Member FDIC, in connection with opening and maintaining
an account for you.
We may also provide the information you have
provided us to Array and its representatives.</p>
<p>If your identity cannot be verified, we may not be able to open an
account for you.
In the event we have accepted any funds from you in
connection with an account application or otherwise, you will be
responsible for providing us a mailing address to which payment of any
refund can be sent.</p>
7.4.2.
Customer Consent to Credit Builder Account Information
<p>If you apply for and receive a Credit Builder Account from Coastal
Community Bank, Member FDIC, you hereby consent to us accessing the
account information related to your Credit Builder Account with Coastal
Community Bank, Member FDIC.
You acknowledge and agree that the account
information that we may access includes, without limitation, account
history (such as payment dates and amounts, balance information, and
transaction information).
financial account information (such as account
number, type, and status).
and financial account holder information
(such as the account holder's name, address, phone number, and email
address).
We will request this information from Coastal Community Bank,
Member FDIC, on a periodic basis, unless your consent is withdrawn.</p>
7.4.3.
Monthly Payments
<p>You hereby agree to make monthly payments on your credit builder loan by
an electronic funds transfers.
You may initiate these payments each
month yourself or you may authorize automatic monthly payments and
Coastal Community Bank, Member FDIC, will initiate monthly electronic
funds transfers from your designated account at Coastal Community Bank,
Member FDIC, or your Brigit Linked Bank Account.
Each month, the debit
amount would include your Monthly principal payment.
You may also use
another payment option that we approve in writing (e.g.
a form of
payment that we identify and approve through direct communication with
you.
You can contact us at
info@hellobrigit.com).</p>
7.4.4.
Potential Effect of Delinquency of Credit Reporting
<p>Repayment performance for the Brigit Credit Builder will be reported to
the Credit Reporting Agencies by Coastal Community Bank.
Brigit shall
not be liable for any claims, charges, demands, damages or adverse
impacts on your credit scores or credit history if you cease using
Brigit's services and do not complete a loan repayment or have default
payments.
Repayment performance for the Brigit Advance service is not
reported to the Credit Reporting Agencies.</p>
7.4.5.
Dispute of Credit Reporting Information by Customer
<p>If you believe there is an error in your credit report about the Brigit
Credit Builder Service, you may dispute the information by contacting
us.
We will then conduct an investigation and let you know what we
determine.</p>
<p>To file a dispute, email us at
info@hellobrigit.com or call us at
+1 (855) 885-5522, with the following information.</p>
<ul>
<li>
<p>Your name and, if applicable, account number or other identifying
information</p>
</li>
<li>
<p>The specific information you are disputing</p>
</li>
<li>
<p>Your reasons for the dispute</p>
</li>
<li>
<p>Any supporting documentation you wish to provide (for example, a
copy of your credit report, account statements, or a police report
of identity theft)</p>
</li>
<li>
<p>Your email address other means for us to contact you with results of
our investigation</p>
</li>
</ul>
<p>Once we receive a notice of your dispute, we and our partners will
conduct a reasonable investigation and make a determination of the
status of the disputed information within 30 days, or, in some cases, 45
days.
This investigation is free of charge to you.
Once we conclude our
investigation we will let you know shortly after if we determined the
information was accurate or inaccurate, or whether we need more
information from you.
If we determine that the disputed information is
inaccurate, we will notify the relevant credit reporting agency and
request that they delete or modify the information as appropriate.</p>
7.5.
Advance Service
<p>When you sign up for Brigit's service, you may elect to receive one or
more non-recourse Advances (each, an "Advance") from Brigit.
You can
obtain Advances from Brigit in several different ways.</p>
<p>First, you may choose to enroll in automatic Advances to prevent
overdrafts (the "Autopilot Feature").
The Autopilot Feature enables you
to automatically obtain an Advance from Brigit when needed.
Specifically, if Brigit's algorithm predicts that you are likely to
require funds in order to avoid an overdraft, Brigit's Autopilot Feature
will advance you a preauthorized amount of funds (the "Needed Amount")
to cover your overdraft.
You may be eligible for a Needed Amount of up
to $250.
the Needed Amount for which you are approved will be displayed
to you through the Services.
Brigit will inform you of any Needed Amount
transfer via text message and email.
You can turn off the Autopilot
Feature within the app at any time.</p>
<p>Second, you may manually request the Needed Amount or an Advance amount
less than the Needed Amount from Brigit at any time by selecting the
Advance amount and preferred delivery method within the app.
Please note
that you cannot request an Advance if you already have an Advance
outstanding.</p>
7.5.1.
When You Will be Charged for Advance Repayment
<p>If you receive an Advance, Brigit will charge your Payment Method for
Advance repayment: (a) on the due-date displayed to you through the
Services when you request the Advance.
or (b) on the due-date chosen by
you when extending your due-date within the app (each a "Preauthorized
ACH Repayment").
Alternatively, you may choose to repay your Advance by
self-initiating repayment to Brigit via ACH (a "Manual Repayment").
Your
Advance is not conditioned on whether you elect to repay via
Preauthorized ACH Repayment or Manual Repayment.</p>
<p>Please note that you can always repay an Advance before your due-date
for free.</p>
7.5.2.
Brigit's Recourse In the Event of Non-Payment
<p>This Section sets forth the entirety of Brigit's recourse against you in
the event that an Advance is not recovered.
Any other recourse or
remedies claimed by Brigit, including but not limited to, indemnities,
limitations on liability, and disclaimers of warranty described in this
Agreement, do not apply to non-payment of an Advance.
To the extent that
any of recourse-related provision of this Agreement conflicts with this
Section 7.5.2, this Section shall control.</p>
<p>Brigit warrants that it has no legal or contractual claim against you
based on a failure to repay an Advance, but Brigit will suspend your
access to the Services until you repay an Advance in full.
With respect
to a failure to repay an Advance, Brigit warrants it will not engage in
any debt collection activities, place the amount owed with or sell to a
third party for the purpose of debt collection activities, or report you
to a consumer reporting agency.
Brigit does not waive any rights
regarding fraudulent activity, and Brigit will pursue instances of
fraud.</p>
<p>It is your responsibility to contact Brigit if you are unable to repay
your Advance on the scheduled due-date.
Brigit monitors your Bank
Account balance before withdrawing the funds to ensure there are
sufficient funds, but Brigit is not responsible for any overdraft fees,
over-the-limit fees, or insufficient fund charges (including finance
charges, late fees, or similar charges) that result from your failure to
maintain a balance or available credit in your Bank Account sufficient
to repay an Advance.</p>
7.5.3.
California Residents
<p>Brigit is not currently licensed by the Department of Financial
Protection and Innovation.
If the Department does decide in the future
to license Brigit, and/or require Brigit make modifications to its
advance pay product agreement, such developments may have no impact on
your obligations under this agreement.</p>
<p>Although Brigit is not licensed by the Department, any consumer is
invited to share any comment and concerns about Brigit or its product
and practices with the Department of Financial Protection and Innovation
at (866) 275-2677 (toll-free) or at the following URL:
https://dfpi.ca.gov/file-a-complaint/.</p>
7.6.
Obtaining an Advance and/or Credit Monitoring without Paying the Membership Fee
<p>Users that are eligible for Advances and/or Credit Monitoring may access
an Advance and/or Credit Monitoring without paying the Membership Fee.
To do so, email terms1@hellobrigit.com and state that you would like an
Advance and/or Credit Monitoring without subscribing to Brigit Plus.
You
may check whether you are eligible for Advances and Credit Monitoring
through the Services.</p>
8.
Authorization &.
Disclosures for Credit Monitoring
8.1.
Authorization
<p>By registering for or otherwise using the Services, you specifically
consent to, agree with, and are providing specific "written
instructions" in accordance with the Fair Credit Reporting Act and other
applicable law, that we, and our respective employees, agents,
subsidiaries, affiliates, contractors, and data and service providers,
reserve the right to provide your personally identifiable information
to, and request, receive and provide you with your consumer credit
reports and credit rating, and other information and data about you from
and/or through, an authorized bureau (i.e.
Equifax, Experian,
TransUnion) and affiliated entities.
The credit reports and credit
rating are intended to furnish you with information that you may not
otherwise have readily available to you.
You understand that you are
authorizing us and Array to obtain such information at any time and use
as described in the Terms of Use for as long as Services are provided to
you.
YOU UNDERSTAND THAT IT MAY BE A VIOLATION OF FEDERAL AND/OR STATE
LAW FOR YOU TO OBTAIN A CREDIT REPORT ON ANY PERSON OTHER THAN YOURSELF,
AND THAT UNDER THE FCRA, ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS
INFORMATION ON A CONSUMER FROM A CONSUMER CREDIT REPORTING AGENCY UNDER
FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE,
IMPRISONED FOR NOT MORE THAN 2 YEARS, OR BOTH.
Your registration in the
Credit Monitoring Service may not be fulfilled if we cannot verify your
identity or other necessary information.</p>
8.2.
FCRA Disclosures
<p>The Fair Credit Reporting Act ("FCRA") allows you to obtain from each
national credit reporting agency a disclosure of all the information in
your credit file at the time of the request.
Full disclosure of
information in your file at a credit reporting agency must be obtained
directly from such credit reporting agency.
The credit reports provided
or requested through the Website or Services are not intended to
constitute the disclosure of information by a credit reporting agency as
required by the Fair Credit Reporting Act or similar laws.</p>
<p>Under the Fair Credit Reporting Act you are entitled to receive an
annual free disclosure of your credit report from each of the national
credit reporting agencies (i.e.
Experian, Equifax and TransUnion).</p>
<p>To obtain the free reports, you can:</p>
<p>• Call 1-877-322-8228;</p>
<p>• Order online at www.annualcreditreport.com.
or</p>
<p>• Complete the Annual Credit Report Request Form, available at
www.ftc.gov/credit, and mail it to: Annual Credit Report Request
Service, P.O.
Box 105281, Atlanta, GA 30348-5281.</p>
<p>You are also entitled to receive a free copy of your credit report from
a credit reporting agency if:</p>
<p>• You have been denied or were otherwise notified of an adverse action
related to credit, insurance, employment, or a government granted
license or other government granted benefit within the past sixty (60)
days based on information in a credit report provided by such agency.</p>
<p>• You have been denied house/apartment rental or were required to pay a
higher deposit than usually required within the past sixty (60) days
based on information in a credit report provided by such agency.</p>
<p>• You certify in writing that you are unemployed and intend to apply for
employment during the sixty (60) day period beginning on the date on
which you made such certification.</p>
<p>• You certify in writing that you are a recipient of public welfare
assistance.</p>
<p>• You certify in writing that you have reason to believe that your file
at such credit reporting agency contains inaccurate information due to
fraud.</p>
<p>The FCRA also permits consumers to dispute inaccurate information in
their credit report without charge.
Accurate information cannot be
changed.
You do not have to purchase your credit report or other
information to dispute inaccurate or incomplete information in your
credit file maintained by the credit reporting agencies.</p>
<p>Any Credit Report you request is not intended to constitute the
disclosure of information required by the FCRA or similar state laws.</p>
<p>In addition, if you reside in the state of Colorado, Maine, Maryland,
Massachusetts, New Jersey, or Vermont, you are entitled to receive a
free copy of your credit report once a year and if you reside in the
state of Georgia, you are entitled to receive a free copy of your credit
report twice a year.
If you are a resident of Mississippi, then
beginning in 2016, you are entitled to free credit reports for three (3)
years.
Otherwise, a consumer reporting agency may impose a reasonable
charge for providing you with a copy of your credit report.</p>
9.
Earn Membership &.
Cash Rewards
<p>Brigit may, from time to time, offer rewards programs.
The specific
terms of any such rewards program will be displayed to you through the
Services.
Brigit reserves the right to cancel, modify or terminate any
rewards program at any time.</p>
10.
Cancellation of Brigit Plus
<p>If you wish to cancel your subscription to Brigit Plus, you may do so
within the app and on the Brigit website.</p>
11.
Termination
<p>We, at our sole discretion, reserve the right to terminate this
Agreement, terminate or suspend access to the Service, or terminate or
suspend your Brigit User Account at any time for any reason.
We will
make reasonable efforts to notify you of any such suspension or
termination unless we terminate your access in accordance with Section
12.2.</p>
<p>You may also terminate this Agreement by deactivating your Brigit User
Account at any time by emailing
info@hellobrigit.com.
If we
terminate this Agreement, terminate or suspend your access to the
Services, or terminate or suspend your Brigit User Account, we will not
be liable to you or any third party for compensation, reimbursement, or
damages for any termination or suspension of our services, or for
deletion of your information or account data.</p>
12.
Your Representations and Warranties
12.1.
By using the Site or the Services, you represent and warrant all of the following:
<ul>
<li>
<p>
<b>Documentation</b>.
You have the right and authority to submit or
otherwise provide us with any documents for the provision of the
services, including but not limited to pay stubs, or bank
statements, related to your financial situation;</p>
</li>
<li>
<p>
<b>Use of Joint Accounts Prohibited</b>.
Your linked Bank Checking
Account, is not a joint account ("Joint Account").
Joint Account
means any account that is held by more than one person, with each
person having the right to deposit into or withdraw funds from the
account;</p>
</li>
<li>
<p>
<b>Violation of Any Law, Regulation, or Other Obligation</b>.
Your use
of the Services does not violate or promote the violation of any
applicable law or regulation or any legal or contractual
obligation you may have to a third party, and you have and will at
all times comply with all applicable laws, rules and regulations
in connection with your use of the Services;</p>
</li>
<li>
<p>
<b>Location of Financial Accounts</b>.
Any Bank Account(s) you
associated with the Services are located in the United States;</p>
</li>
<li>
<p>
<b>Third Party Access</b>.
You shall not share your Brigit User Account
or login information with any third party, nor let any third party
access your Brigit User Account, and are responsible for
maintaining the confidentiality of the login information for your
Brigit User Account.
You are fully and solely responsible for the
security of your computer system, mobile device and all activity
on your Brigit User Account, even if such activities were not
committed by you.
and</p>
</li>
<li>
<p>
<b>Use of Bank Checking Account</b>.
You will not link your Bank
Checking Account to more than one Brigit User Account</p>
</li>
</ul>
12.2.
Verification of Your Representations and Warranties.
<p>By using the Services, you understand and agree that Brigit,
through any identification verification methods it employs, may
in its sole discretion, but is not required to, verify that any
or all of your representations and warranties listed above are
met.
If you become aware of any violation or possible violation
of your or another user's representations and warranties listed
above, you will report it to Brigit.
If Brigit becomes aware of
any violation or possible violation of this Agreement, it may
suspend and/or terminate your Brigit User Account with or
without notice in its sole discretion.</p>
13.
Disclaimer of Warranties
<p>As noted above, through the Services you may receive predictions about
your financial situation including, for example, predictions about your
likelihood of overdrafting (each, a "Prediction").
You understand and
acknowledge that each Prediction merely represents our attempt to
predict the relevant facts regarding your Bank Account, that we do not
guarantee the accuracy of any such Prediction and that the Services
might not predict an overdraft that actually occurs in your Bank
Account.
Except as expressly set forth herein any use of the Site and
the Services, and any decision of yours to act upon any Prediction is
your sole responsibility and at your exclusive risk.</p>
<p>The Site and the Services are provided on an "as is" and "as available"
basis without warranties of any kind and does not guarantee that it will
be free of defects.
To the extent permitted by law, we disclaim all
implied or statutory warranties of any kind relating to the Site or the
Services, including, but not limited to, each prediction, and in no
event shall Brigit or any of its officers, directors, shareholders,
advisors, employees, agents, anyone acting on Brigit's behalf or
affiliates be liable to you for any direct, indirect, incidental,
special, punitive, or consequential damages, arising out of or in
connection with your use of the Service, including any such Prediction
or non-Prediction, whether or not the damages are foreseeable and
whether or not Brigit has been advised of the possibility of such
damages.</p>
<p>If you are a California resident, you hereby waive California Civil Code
section 1542 which provides: "A general release does not extend to
claims that the creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the release and that,
if known by him or her, would have materially affected his or her
settlement with the debtor or released party."</p>
<p>No advice or information, whether oral or written, obtained by you from
Brigit, shall create any warranty not expressly stated in this
Agreement.
If you choose to rely on such information, you do so solely
at your own risk.</p>
14.
Brigit is Not a Financial Adviser
<p>Before using the Services, you should consider obtaining additional
information and advice from a financial adviser.
Brigit is neither a
financial adviser nor a financial planner.
We do not make any
representations, warranties, or guarantees of any kind that the Services
are appropriate for you.</p>
15.
Prohibited Activities
<p>You are solely responsible for compliance with all laws, rules, and
regulations that may apply to your use of the Site or the Services.
In
connection with your use of the Site or the Services, you shall not, and
shall not assist or enable any third party, to:</p>
<ul>
<li>
<p>reverse engineer or attempt to find the underlying code of the Site
and/or the Services;</p>
</li>
<li>
<p>breach or circumvent any applicable laws or regulations, agreements
with third-parties, third-party rights, or this Agreement;</p>
</li>
<li>
<p>copy, modify, or create derivative works of the Site, the Services
or Content (defined below) of any of the Site or the Services;</p>
</li>
<li>
<p>attempt to disable or circumvent any security or access control
mechanism of the Site or the Services;</p>
</li>
<li>
<p>design or assist in designing cheats, exploits, automation software,
such as, but not limited to, spiders, bots, hacks, mods or any
other unauthorized third-party software to modify or interfere
with the Site or the Services;</p>
</li>
<li>
<p>attempt to gain unauthorized access to the Site or the Services,
other Brigit User Accounts, or other devices, computer system,
phone systems, or networks connected to the Site or the Services;</p>
</li>
<li>
<p>harvest or otherwise collect information about users;</p>
</li>
<li>
<p>use, display, mirror or frame the Site, the Services, Content or any
individual element within the Site or the Services, Brigit's name,
any Brigit Trademark (defined below), or the layout and design of
any page or form contained on a page in the Site or the Services,
without Brigit's express written consent;</p>
</li>
</ul>
<p>
<b>or</b>
</p>
<ul>
<li>take any action that damages or adversely affects, or could damage
or adversely affect the performance or proper functioning of the
Site or the Services.</li>
</ul>
<p>In the event you partake in any prohibited activities, you acknowledge
and agree that Brigit has the right to and may, at its sole discretion
and without notifying you, take legal and/or use other remedies
including but not limited to suspending your Brigit User Account.</p>
16.
Intellectual Property Rights (IP Rights)
16.1.
IP Rights: Content
<p>With the exception of any third party materials, Brigit is the owner of
all worldwide rights, titles and interests in: (a) the Site and the
Services, including all content therein, all design, text, graphics,
images, audio, video and other material, as well as the domain name,
tagline, organization and use look-and-feel, related documentation, and
all enhancements, derivatives, bug fixes or improvements to the Site and
the Services.
and (b) trade names, trademarks, and logos of Brigit ((a)
and (b) collectively, the "Content").
You will not use, copy, adapt,
modify, prepare derivative works of, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, broadcast or
otherwise exploit the Content without Brigit's written consent.
You may,
however, from time to time, download and/or print one copy of individual
pages of the Site for your personal, non-commercial use, provided that
you do not modify the Content and that you keep intact all copyright and
other proprietary notices.
You agree that you do not acquire any
ownership rights in any downloaded Content.
This permission terminates
immediately if you breach this Agreement.
You may not "mirror" any
Content on the Site or in the Services without Brigit's express written
permission.
Any unauthorized use of the Content may violate copyright
laws, trademark laws, the laws of privacy and publicity and/or
communications regulations and statutes.</p>
16.2.
IP Rights: Trademarks
<p>The trademarks, service marks and logos (the "Trademarks") used and
displayed on the Site and in the Services are registered and
unregistered Trademarks of Brigit.
Other trademarks, service marks and
trade names may be owned by others.
Nothing on the Site or in the
Services should be construed as granting, by implication, estoppel or
otherwise, any license or right to use any Trademark or any other Brigit
intellectual property displayed on the Site or in the Services.
The
names "Brigit" and "Bridge IT, Inc." and any other Trademarks shall not
be used in any way, including in advertising or publicity pertaining to
distribution of materials on the Site or in the Services, without prior
written permission from Brigit.</p>
17.
Links to Third Parties and Third Party-Content
<p>The Site or the Services may contain links or other content related to
websites, advertisers, products and/or services offered by third
parties.
Brigit has no control and makes no representation with respect
to any such links, content, websites, products or services or any
information provided or transmitted via such links, websites, products
or services, or otherwise provided by any such third party.
You
understand and agree that use of such links and use of any products or
services from third parties is at your own risk.
Brigit expressly
disclaims, and user expressly releases Brigit from, any and all
liability whatsoever for any controversies, claims, suits, injuries,
loss, harm and/or damages, arising from and/or in any way related to the
use of such links or the use of any such products or services from third
parties.</p>
18.
Limitation of Liability
<p>Under no circumstances will Brigit, or any of its successors, parents,
subsidiaries, affiliates, officers, directors, stockholders, investors,
employees, agents, representatives, attorneys and their respective
heirs, successors and assigns (the "Brigit Parties") be liable for any
damages, including direct, incidental, punitive, special, consequential
or exemplary damages that directly or indirectly result from the use of,
or the inability to use, the Site or the Services or the information
contained on the Site or the Services, including for viruses alleged to
have been obtained from the Site or the Services, even if Brigit has
been advised of the possibility of such damages.
In no event shall the
Brigit Parties' total liability to you for all damages, losses, and
causes of action whether in contract, tort (including, but not limited
to, negligence) or otherwise exceed the greater of (a) the amount of
fees earned by us in connection with your use of the Services during the
three (3) month period immediately preceding the event giving rise to
the claim for liability, or (b) $100.
Some jurisdictions may not allow
the exclusion of implied warranties in which case some of the above
exclusions may not apply to all users.</p>
19.
Indemnification
<p>You agree to release, indemnify, defend and hold the Brigit Parties
harmless from and against any and all claims, liabilities, losses,
damages, costs and expenses, including, without limitation, reasonable
attorneys' fees, incurred by the Brigit Parties arising out of or
relating to (a) your improper use of the Site or the Services.
(b) your
breach or alleged breach of this Agreement, the representations,
warranties, and covenants you have made by agreeing to the Agreement of
this Agreement, or applicable law.
(c) your violation or alleged
violation of any rights of a third party.
or (d) any negligent acts,
omissions, or willful misconduct by you.
You shall cooperate as fully as
reasonably required in the defense of any such claim.
Brigit reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter subject to indemnification by you.
You agree not
to settle any matter without the prior written consent of Brigit.
This
indemnification, defense and hold harmless obligation will survive this
Agreement and the termination of your use of the Site or the Services.</p>
20.
Dispute Resolution and Binding Arbitration
<p>YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS
YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US.
YOU UNDERSTAND
THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION
20.3 BELOW.</p>
20.1.
Election to Arbitrate
<p>You and Brigit agree that the sole and
exclusive forum and remedy for resolution of a Claim be final and
binding arbitration pursuant to this section 20 (the "Arbitration
Provision"), unless you opt out as provided in section 20.3 below.
As used in this Arbitration Provision, "Claim" shall include any
past, present, or future claim, dispute, or controversy involving
you (or persons claiming through or connected with you), on the one
hand, and us on the other hand, relating to or arising out of this
Agreement, and/or the activities or relationships that involve, lead
to, or result from this Agreement, such as the Site or the Services
and including (except to the extent provided otherwise in the last
sentence of Section 20.8 below) the validity or enforceability of
this Arbitration Provision, any part thereof, or the entire
Agreement.
Claims are subject to arbitration regardless of whether
they arise from contract.
tort (intentional or otherwise).
a
constitution, statute, common law, or principles of equity.
or
otherwise.
Claims include matters arising as initial claims,
counter‐claims, cross-claims, third-party claims, or otherwise.
Please note that you may continue to assert Claims in small claims
court, if your Claims qualify and so long as the matter remains in
such court and advances only on an individual (non-class,
non-representative) basis.
The scope of this Arbitration Provision
is to be given the broadest possible interpretation that is
enforceable.</p>
20.2.
Applicability of the Federal Arbitration Act.
Arbitrator's Powers.
<p>This Arbitration Provision is made pursuant to a
transaction involving interstate commerce and shall be governed by
and enforceable under the Federal Arbitration Act (the "FAA").
The
arbitrator will apply substantive law consistent with the FAA and
applicable statutes of limitations.
The arbitrator may award damages
or other types of relief permitted by applicable substantive law,
subject to the limitations set forth in this Arbitration Provision.
The arbitrator will not be bound by judicial rules of procedure and
evidence that would apply in a court.
The arbitrator shall take
steps to reasonably protect confidential information.</p>
20.3.
Opt-Out of Arbitration Provision.
<p>You may opt out of this
Arbitration Provision for all purposes by sending an arbitration opt
out notice to info@hellobrigit.com, <b>within 60 days of the date of
your electronic acceptance of the Agreement of this Agreement</b>.
The
opt out notice must clearly state that you are rejecting
arbitration.
identify the Agreement to which it applies by date.
provide your name, address, and social security number.
and be
signed by you.
You may send an opt-out notice in any manner you see
fit as long as it is received at the specified address within the
specified time.
No other methods can be used to opt out of this
Arbitration Provision.
If the opt out notice is sent on your behalf
by a third party, such third party must include evidence of his or
her authority to submit the opt out notice on your behalf.</p>
20.4.
Informal Dispute Resolution.
<p>If a Claim arises, our goal is to
learn about and address your concerns and, if we are unable to do so
to your satisfaction, to provide you with a neutral and cost
effective means of resolving the dispute quickly.
You agree that
before filing any claim in arbitration, you may submit Claims by
sending an email to info@hellobrigit.com at any time.</p>
20.5.
Arbitration Procedures.
<p>The party initiating arbitration shall
do so with the American Arbitration Association (the "AAA") or
Judicial Alternatives and Mediation Services ("JAMS").
The
arbitration shall be conducted according to, and the location of the
arbitration shall be determined in accordance with, the rules and
policies of the administrator selected, except to the extent the
rules conflict with this Arbitration Provision or any countervailing
law.
If you have any questions concerning the AAA or would like to
obtain a copy of the AAA arbitration rules, you may call 1(800)
778-7879 or visit the AAA's web site at: www.adr.org.
If you have
any questions concerning JAMS or would like to obtain a copy of the
JAMS arbitration rules, you may call 1(800) 352-5267 or visit their
web site at: www.jamsadr.com.
In the case of a conflict between the
rules and policies of the administrator and this Arbitration
Provision, this Arbitration Provision shall control, subject to
countervailing law, unless all parties to the arbitration consent to
have the rules and policies of the administrator apply.
The
arbitration will be held in the United States county where you live
or work, or any other location we agree to.</p>
20.6.
Arbitration Fees.
<p>If we elect arbitration, we shall pay all the
administrator's filing costs and administrative fees (other than
hearing fees).
If you elect arbitration, filing costs and
administrative fees (other than hearing fees) shall be paid in
accordance with the rules of the administrator selected, or in
accordance with countervailing law if contrary to the
administrator's rules.
We shall pay the administrator's hearing
fees for one full day of arbitration hearings.
Fees for hearings
that exceed one day will be paid by the party requesting the
hearing, unless the administrator's rules or applicable law require
otherwise, or you request that we pay them and we agree to do so.
Each party shall bear the expense of its own attorneys' fees,
except as otherwise provided by law.
If a statute gives you the
right to recover any of these fees, these statutory rights shall
apply in the arbitration notwithstanding anything to the contrary
herein.</p>
20.7.
Appeals.
<p>Within 30 days of a final award by the arbitrator, any
party may appeal the award for reconsideration by a three-arbitrator
panel selected according to the rules of the arbitrator
administrator.
In the event of such an appeal, any opposing party
may cross-appeal within 30 days after notice of the appeal.
The
panel will reconsider de novo all aspects of the initial award that
are appealed.
Costs and conduct of any appeal shall be governed by
this Arbitration Provision and the administrator's rules, in the
same way as the initial arbitration proceeding.
Any award by the
individual arbitrator that is not subject to appeal, and any panel
award on appeal, shall be final and binding, except for any appeal
right under the Federal Arbitration Act ("FAA"), and may be entered
as a judgment in any court of competent jurisdiction.</p>
20.8.
No Class Actions.
<p>NO ARBITRATION SHALL PROCEED ON A CLASS,
REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY
GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE
THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR
COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR
COLLECTIVE ACTIONS IN A COURT.
Unless consented to in writing by all
parties to the arbitration, no party to the arbitration may join,
consolidate, or otherwise bring claims for or on behalf of two or
more individuals or unrelated corporate entities in the same
arbitration unless those persons are parties to a single
transaction.
Unless consented to in writing by all parties to the
arbitration, an award in arbitration shall determine the rights and
obligations of the named parties only, and only with respect to the
claims in arbitration, and shall not (a) determine the rights,
obligations, or interests of anyone other than a named party, or
resolve any Claim of anyone other than a named party.
nor (b) make
an award for the benefit of, or against, anyone other than a named
party.
No administrator or arbitrator shall have the power or
authority to waive, modify, or fail to enforce this Section 20.8,
and any attempt to do so, whether by rule, policy, arbitration
decision or otherwise, shall be invalid and unenforceable.
Any
challenge to the validity of this Section 20.8 shall be determined
exclusively by a court and not by the administrator or any
arbitrator.</p>
20.9.
Survival and Severability of Arbitration Provision.
<p>This Arbitration Provision shall survive the termination of this
Agreement.
If any portion of this Arbitration Provision other than
section 20.8 is deemed invalid or unenforceable, the remaining
portions of this Arbitration Provision shall nevertheless remain
valid and in force.
If there is a final judicial determination that
applicable law precludes enforcement of this Arbitration Provision's
limitations as to a particular claim for relief or particular term,
then that claim (and only that claim) or that term (and only that
term) must be severed from the Arbitration Provision and may be
brought in court.
If an arbitration is brought on a class,
representative, or collective basis, and the limitations on such
proceedings in section 20.8 are finally adjudicated pursuant to the
last sentence of section 20.8 to be unenforceable, then no
arbitration shall be had.
In no event shall any invalidation be
deemed to authorize an arbitrator to determine Claims or make awards
beyond those authorized in this Arbitration Provision.</p>
20.10.
Judicial Forum for Claims.
<p>Except as otherwise required by
applicable law or governing loan agreement, in the event that this
Arbitration Provision is found not to apply to you or your Claim,
you and Brigit agree that any judicial proceeding (other than small
claims actions) will be brought in the federal or state courts of
New York, New York.
Both you and Brigit consent to venue and
personal jurisdiction there.
We both agree to waive our right to a
jury trial.</p>
20.11.
WAIVER OF RIGHT TO LITIGATE.
<p>THE PARTIES ACKNOWLEDGE THAT THEY
HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR
JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION
PURSUANT TO THIS ARBITRATION PROVISION.
THE PARTIES HEREBY KNOWINGLY
AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A
COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY
PARTY.</p>
21.
Governing Law and Venue
<p>Except for Section 20 which is governed by the FAA, and the Credit
Builder, this Agreement and all Claims are governed by the laws of the
State of New York, without regard to conflict-of-law rules.</p>
22.
Support and Feedback
<p>Users may contact Brigit with regard to support for the Site or the
Services by sending an email to info@hellobrigit.com.
We welcome feedback, comments and suggestions for improvements to the Site
or the Services ("Feedback").
You can submit Feedback by emailing us at
info@hellobrigit.com.
Any
Feedback you submit to us will be considered non-confidential and
non-proprietary to you.
By submitting Feedback, you grant us a
non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable,
perpetual license to use and publish those ideas and materials for any
purpose, without compensation to you.</p>
23.
Consent to Use Electronic Signatures and Electronic Communications
<p>
<b>"Communications"</b> means any and all agreements, communications,
disclosures, notices, records, documents and/or other items that we
provide to you, or that you consent or agree to at our request.</p>
<p>
<b>"Contacting Us"</b> means emailing us at
info@hellobrigit.com.</p>
<p>
<b>"Current Version"</b> means a version of any particular software or
application that is currently being supported by its publisher.</p>
<p>
<b>"Electronic Communications"</b> means any and all Communications that we
provide to you in electronic form, and/or any and all Communications
that you consent or agree to in electronic form, including but not
limited to by means of your Electronic Signature.</p>
<p>
<b>"Electronic Media"</b> means the internet, a website, email, messaging
services (including SMS and/or any other form of text messaging),
software and/or applications (including applications for mobile devices,
hand-held devices and/or other devices), and/or any other form of
electronic media, whether existing now and/or that may exist in the
future.</p>
<p>
<b>"Electronic Product or Service"</b> means each and every product and/or
service we offer that you apply for, use or access using any Electronic
Media.</p>
<p>
<b>"Electronic Signature"</b> means any means that is used to indicate Your
consent and/or agreement by means of any Electronic Media, which may
include, but is not limited to, clicking a button or checking a box on
or taking any other action to indicate Your consent and/or agreement on
or in any Electronic Media.</p>
23.1.
Electronic Signatures and Electronic Communications.
<p>Subject to applicable law, you consent and agree:</p>
<ul>
<li>
<p>To use Electronic Signatures to indicate that you have read and
understand, and that You agree and consent to this Agreement, our
Privacy Policy, and any and all other Agreement and conditions
and/or any other agreements that we may provide on any form of
Electronic Media;</p>
</li>
<li>
<p>That any and all Communications that we may send or provide to you
(even Communications that we may otherwise be required to send or
provide you in paper form) shall be in the form of Electronic
Communications;</p>
</li>
<li>
<p>Each Electronic Communication will be considered to be received by
you at the time that we first attempt to send it to you, or if
posted on the internet or on a Site, within 24 hours after the
time that it is posted;</p>
</li>
<li>
<p>To print and save and/or electronically store a copy of all
Electronic Communications that we send to you;</p>
</li>
<li>
<p>To notify us of any Brigit in Your email address or your mobile
device number or other text message address by Contacting Us;</p>
</li>
<li>
<p>That the foregoing consents and agreements will remain in effect
unless and until you withdraw them in accordance with this
Agreement;</p>
</li>
<li>
<p>That you represent and warrant to us that you have read and
understand this Consent to Use Electronic Signatures and
Electronic Communications.</p>
</li>
</ul>
23.2.
Hardware and Software Requirements.
<p>In order to access and
retain our Electronic Communications, you need to have, and you
represent and warrant to us that you do have, and you consent
and agree that at all times you will have, all of the
following: (1) a valid email address.
(2) a computer, laptop,
tablet, smartphone or other device that is Internet-enabled and
is connected to the internet: (3) a web browser that includes
128-bit encryption, such as a Current Version of Chrome,
Internet Explorer, Firefox or Safari, with cookies enabled.
(4)
a Current Version of a program that accurately reads and
displays PDF files, such as Adobe Acrobat Reader version 7 or
higher.
(5) a computer or device and an operating system capable
of supporting all of the above.
and (6) data storage to
electronically save Communications or an installed printer to
print them.</p>
23.3.
Withdrawal of Consent.
<p>You may withdraw your consent to
receive Electronic Communications by Contacting Us.
Such
withdrawal will be effective only after we have had a reasonable
time period to process such withdrawal, and will not apply to
Electronic Communications provided by us to you before the
withdrawal of your consent becomes effective.
If you withdraw
your consent, then, except as may be expressly provided
otherwise in this Agreement, (a) we will terminate your access
to, and your ability to use, the Service, and (b) we will close
any account that you may have with us and will return to you any
balance that you may have therein.</p>
23.4.
Changes.
<p>We reserve the right, in our sole discretion, (a)
to communicate with you in paper form and/or (b) to discontinue
to provide you with Electronic Communications, and/or (c) to
terminate our Agreement and conditions with respect to
Electronic Signatures and Electronic Communications.
Subject to
any applicable law, we may notify you of any such
discontinuance, termination or Brigit by means of Electronic
Communications, by updating this Agreement on the Site or the
Services, or by delivering notice by email or text message, or
by any other means of Electronic Communications that we may
choose in our discretion.</p>
23.5.
Requesting Paper Copies.
<p>You may request a paper copy of any
Electronic Communication that we provided to you by Contacting
Us.
We will mail the paper copy to your mailing address that we
have on file.</p>
23.6.
Contacting Us Regarding Electronic Signatures and Electronic Communications.
<p>Please feel free to request information or ask
questions regarding our policy on Electronic Signatures and
Electronic Communications by Contacting Us.</p>
24.
SMS Messaging
<p>When you provide us with your mobile phone number, you agree that
Brigit and its affiliates may contact you at that number using
autodialed or prerecorded message calls or text messages with
service-related information such as alerts and transactional messages,
or questions about the Site, Services or your Brigit User Account.
We
will not use autodialed or prerecorded SMS or texts to contact you for
marketing or promotional purposes unless we receive your prior express
written consent.
You do not have to agree to receive
marketing-related, autodialed or prerecorded SMS or texts in order to
use and enjoy the Site or the Services.
If you choose to receive
marketing-related autodialed or prerecorded SMS or texts, you can
later opt-out of such marketing-related messages in several ways,
including through the Settings page of your Brigit User Account or by
contacting us at info@hellobrigit.com.
Standard telephone minute and
text charges may apply to all SMS or text messages.</p>
<p>You certify, warrant and represent that the telephone number you have
provided to us is your contact number and not someone else's.
You
represent that you are permitted to receive calls and text messages at
the telephone number you have provided to us.
You agree to promptly
alert us whenever you stop using a telephone number.</p>
<p>We may modify or terminate our SMS messaging services from time to
time, for any reason, and without notice, including the right to
terminate SMS messaging with or without notice, without liability to
you.</p>
25.
Miscellaneous
25.1.
Severability.
<p>If any portion of this Agreement is deemed
unlawful, void or unenforceable by any arbitrator or court of
competent jurisdiction, this Agreement as a whole shall not be
deemed unlawful, void or unenforceable, but only that portion of
this Agreement that is unlawful, void or unenforceable shall be
stricken from this Agreement.</p>
25.2.
Survival.
<p>The following provisions of this Agreement shall
survive termination of your use or access to the Site or the
Services: the sections concerning Indemnification, Disclaimer of
Warranties, Limitation of Liability, Dispute Resolution by
Binding Arbitration, and Miscellaneous, and any other provision
that by its terms survives termination of your use or access to
the Site or the Services.</p>
25.3.
Entire Agreement.
<p>This Agreement represents the entire
understanding and agreement between you and Brigit regarding the
subject matter of the same, and supersedes all other previous
agreements.</p>
25.4.
Assignment.
<p>You may not assign any rights hereunder without
our prior written consent.
Brigit may assign its rights or
obligations pursuant to this Agreement.
Nothing contained in
this Agreement shall be construed to limit the actions or
remedies available to Brigit with respect to any prohibited
activity or conduct.</p>
25.5.
Waiver.
<p>Non-enforcement of any term of this Agreement does
not constitute consent or waiver, and Brigit reserves the right
to enforce such term at its sole discretion.
No waiver of any
breach or default hereunder shall be deemed to be a waiver of
any preceding or subsequent breach or default.</p>
25.6.
No Joint Venture.
<p>No joint venture, partnership, employment,
or agency relationship exists between you and Brigit as a result
of this Agreement or your use of the Site or the Services.</p>
26.
Contact Us
<p>If you have any questions, comments, or concerns regarding the
Agreement, please contact us at
info@hellobrigit.com, or Bridge
IT, Inc.
36W 20th Street.
Floor 11, New York, New York 10011.</p>