(Last revised Feb 21, 2022)
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.
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.
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. If you do not agree to this Agreement, you may not access or use the Site or the Services. Please print out a copy of the Agreement of use for your records.
To use the Site or the Services and to accept the Agreement:
To use the Services, you must also meet both of the following criteria:
Note: Brigit does not support joint Bank Accounts.
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.
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.
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”).
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.
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.
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.
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”).
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.
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.
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.
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.
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.
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 again for up to 10 business days.
If payment is being made via debit card, we may try at different times of the day in accordance with network regulations. If the payment is made via ACH, we will make up to two (2) additional attempts, for a total of three (3) debit attempts in line with ACH limitations. 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.
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.
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.
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.)
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.
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.
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.
You may opt-in to use the credit monitoring service offered by a third-party provider, Array.
Use of Brigit’s Instant Cash (Advance Service) product does not affect your credit score.
Brigit will not store the information on its servers nor will it request this information unless authorized by an individual to do so.
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 issued by Coastal Community Bank, Member FDIC, subject to approved underwriting practices.
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.
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.
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.
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.
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.
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.
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.
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.
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.
If you receive an Advance, Brigit will charge your Payment Method for Advance repayment any time after the later of: (a) the due-date displayed to you through the Services when you request the Advance; (b) the due-date chosen by you when extending your due-date within the app; or (c) any time Brigit sees a positive cash inflow into your linked bank account (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.
Please note that you can always repay an Advance before your due-date for free.
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.
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.
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.
You may request that Brigit expedite disbursement of your Advance by paying an optional fee (the “Express Fee”). While you can always receive an Advance within three (3) business days depending on processing times without additional cost, you may also choose to expedite the delivery if you have your Brigit account linked to your debit card. Brigit will deliver the Advance to you within 20 minutes, and in most instances much faster. There is an express delivery fee (“Express Fee”) for this option. The cost of this fee will be disclosed to you when you request an Advance through the Mobile App. You will be given the opportunity to choose between the expedited or normal delivery method at the time you finalize the Advance transaction. The Express Fee is payable at the time you repay the Advance.
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.
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/.
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.
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).
To obtain the free reports, you can:
• Call 1-877-322-8228;
• 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.
You are also entitled to receive a free copy of your credit report from a credit reporting agency if:
• 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.
• 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.
• 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.
• You certify in writing that you are a recipient of public welfare assistance.
• You certify in writing that you have reason to believe that your file at such credit reporting agency contains inaccurate information due to fraud.
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.
Any Credit Report you request is not intended to constitute the disclosure of information required by the FCRA or similar state laws.
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.
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.
If you wish to cancel your subscription to Brigit Plus, you may do so within the app and on the Brigit website.
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.
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.
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.
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.
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.”
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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
“Communications” 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.
“Current Version” means a version of any particular software or application that is currently being supported by its publisher.
“Electronic Communications” 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.
“Electronic Media” 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.
“Electronic Product or Service” means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
“Electronic Signature” 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.
Subject to applicable law, you consent and agree:
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.
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.
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.
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.
Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.
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 text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. Carriers are not liable for delayed or undelivered messages.
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.
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.
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.
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.
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.
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.