Bo Educational and Game Assistant
Terms of Service
Last Updated: November 20, 2024
IMPORTANT NOTICE:
PLEASE READ THESE BO EDUCATIONAL AND GAME ASSISTANT TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES (DEFINED BELOW). THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION; CLASS ACTION WAIVER.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND GREENLIGHT FINANCIAL TECHNOLOGY, INC. (“GREENLIGHT,” “WE,” OR “US”) AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION AND THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU SHOULD NOT USE THE SERVICES.
Bo is an SMS-based AI chatbot provided to users (“Users”) by Greenlight Financial Technology, Inc. (“Greenlight,” “we,” “our,” or “us”). Bo offers financial literacy games (“Game” or “Games”) and provides financial literacy-related news and education in an entertaining format (collectively, the “Services”). The Games include Stock Showdown, a simulated stock market game designed to teach the basics of investing in a lighthearted format, and financial trivia to be played alongside Stock Showdown.
Your use of the Services, including your interactions with the Services and participation in any Game, is subject to these Bo Educational and Game AssistantTerms of Service, Greenlight’s AI Usage Policy, Greenlight’s Privacy Statement and Greenlight's SMS Terms and Conditions (“SMS Terms”) and any other applicable governing documents referenced therein (together referred to as the “Terms”) all of which are incorporated by reference. The Services are considered a “Text Messaging Service” under the SMS Terms and a “Chatbot” under the AI Usage Policy.
By using or interacting with the Services you acknowledge that you are interacting with an automated bot, and agree to these Terms. You understand that this conversation may be logged and used for the purpose of monitoring and improving our products, services and the performance of these Services. If you do not agree to be bound by the Terms, please do not use or interact with the Services. You should opt out as described below in Section 4. If you use the Services, you are hereby notified that your continued use of the Services is subject to the Terms.
1. Overview
To initiate a conversation with Bo, you will need to text Bo’s number. Bo will text you news and educational resources; opportunities to join sweepstakes, contests, and win prizes; invitations to play financial games such as Stock Showdown and trivia games with others; information about other financial management features offered by Bo; and responses to prompts and questions from you and others on the text chain with you and Bo. For each Game you participate in, you will also receive updates and information related to that Game, including information about leaderboards, performance, stock market or other related events, results, outcomes and standings.
To start a game of Stock Showdown, you will need to text Bo and other individuals you want to invite to compete with you (“Competitors”). Once you initiate a game of Stock Showdown, the Services will text instructions on how to participate, play and win. Games, including trivia, may be hosted and played in the same text group as Stock Showdown. Once each game of Stock Showdown ends, the Services will continue to start new games of Stock Showdown indefinitely until you opt out as described in Section 4. Up to nine Competitors may participate in any Game. To stop participating in a Game or to stop receiving text messages from the Services, please opt out as described in Section 4.
Any value allotted to a Competitor by the Services for use during a Game including, without limitation, any credits, tokens, virtual money or virtual cash is provided to illustrate virtual simulated trades; it is not cash or a cash equivalent, has no cash value, and is not redeemable or exchangeable for any cash or cash equivalent.
2. General
The Services are for educational and entertainment purposes only. The Services are limited to personal, non-commercial use, and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason without the express written consent of Greenlight.
All information, data, text, music, sound, photographs, graphics, video, messages or other materials transmitted by Users through the Services (“User Content”) are the sole responsibility of the person from whom such User Content originated. Greenlight does not pre-screen or control User Content and, therefore, does not guarantee its accuracy, completeness, integrity, up-to-date nature or quality. Greenlight is not liable for any damages resulting from your use of User Content.
Greenlight has the right (but not the obligation) in its sole discretion to monitor, refuse, or remove any User Content that is available via the Services for any or no reason, including if it violates these Terms or is otherwise objectionable. We take no responsibility and assume no liability for any User Content transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity or profanity you may encounter. We do not endorse any User Content. We reserve the right to take action as we deem appropriate in cases where the Service is used to disseminate statements that are harmful or inflammatory.
You acknowledge that the Services may allow you to interact with products, services, websites, content and platforms from non-Greenlight parties (“Third-Party Links”). Inclusion of any Third Party Links does not imply any endorsement, affiliation, approval, association or sponsorship by Greenlight of the linked websites, resources, their operators or owners. We do not control and have no liability for Third-Party Links, including their security, functionality, operation, availability, or how the Third-Party Links or their providers use the data you provide them. We do not license any intellectual property to you from any Third-Party Links. You understand that these Terms and the Privacy Statement do not apply to any Third-Party Links.
3. Hours
The Services’ messaging capabilities are designed to be active and available 24 hours 7 days a week. The frequency of messages you receive from the Services will vary depending on how frequently you interact with the Services; it also depends on how frequently any of your Competitors interact with the Services in a Game with you. For example, if your Competitors text the Services at midnight, you may receive a text response from the Services soon thereafter. To limit the hours in which you receive texts, follow your wifi network or mobile carrier’s instructions.
4. Opt-out
You may opt-out of receiving text messages from the Services at any time by texting “STOP” to the Service. To start receiving text messages from the Service after you have opted out, text “START” to the same phone number. Texting “STOP” and/or “START” only impacts messaging you receive from the Services themselves. You will continue to receive messages from your Competitors in the group conversation related to any of your active Games unless you remove yourself from the group conversation related to each Game. Follow your device manufacturer’s instructions for leaving a group conversation to remove yourself from receiving texts from that group.
To opt out of receiving texts from the Services, please follow the instructions above or call Customer Service at 1-888-483-2645 for further assistance.
5. No financial advice
Neither Greenlight nor the Services are financial advisors. Any indicators, examples, strategies, columns, results, articles, and any other information provided by the Services (“Information”) is not intended to and does not substitute the advice of a licensed or certified attorney, accountant, financial advisor, or other certified financial professionals. The Services do not make, and should not be construed as making, recommendations for you to buy, sell, or hold securities or investments. You understand and acknowledge that there is a high degree of risk involved in trading securities. Greenlight, Greenlight employees, and all affiliates of Greenlight assume no responsibility or liability for your trading and investment results. Factual statements made via the Services are made as of the date stated and are subject to change without notice.
It should not be assumed that any Information will be profitable or that it will not result in losses. Information is not indicative of future or real returns, is not indicative of future returns which will be realized by you, and is not a solicitation of any order to buy or sell. Accordingly, you should not rely on the Information in making any investment. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.
Other company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by those companies.
6. Age Requirements and Limitations on Use of Services
Children under the age of 13 are not permitted to use the Services and no information of children under the age of 13 will be knowingly collected by Greenlight. If Greenlight determines that it has collected personal information of children under the age of 13, Greenlight will immediately delete such information.
7. Third-Party Platforms
You acknowledge that Greenlight may utilize products, services, websites, content and platforms from non-Greenlight parties (“Third-Party Services”) to provide the Services. You authorize Greenlight to access and exchange your data with such Third-Party Services solely to provide the Services.
OpenAI, LLC (“OpenAI”) is a Third-Party Service that Greenlight uses to provide the Services. Neither OpenAI nor Greenlight will use your data to train or improve its models, or for any other purpose than to provide the Services. You agree to review and comply with all OpenAI’s terms, including those available at https://openai.com/policies.
8. Acceptable Use
You agree to use the Services in a manner consistent with all applicable laws and regulations. Additionally, by agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
Do not provide the Services with any personal information of children under 13.
Don’t engage in any activity that exploits, harms, or threatens to harm children.
Don’t send spam or engage in phishing, or try to generate or distribute malware.
Don’t publicly display or use the Services to generate or share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, self-harm, or criminal activity).
Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, automating inauthentic activity, generating or sharing content that is intentionally deceptive, manipulating the Services to affect rankings, ratings, or comments).
Don’t circumvent any restrictions on access to, usage, or availability of the Services (e.g., attempting to “jailbreak” an AI system or impermissible scraping).
Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, trying to generate or sharing content that harasses, bullies or threatens others, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
Don’t violate or infringe upon the rights of others.
Don’t engage in activity that violates the privacy of others.
Don’t help others break these rules.
Don’t make derivative uses of the Services or the Information.
Don’t use any method to extract data from the Services.
9. Intellectual Property Rights
By submitting any information to Greenlight through your access to and use of the Services (each, a “Submission”), you are licensing that Submission to Greenlight solely for the purpose of providing the Services, and you represent that you are entitled to do so for this purpose. Further, if you respond to any surveys or interviews about the Services or provide feedback about the Services (collectively, “Feedback”), then you agree that Greenlight, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the Services. You hereby grant to Greenlight and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Submission and the Feedback in any manner for any purpose, whether in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Services and the Greenlight website, greenlight.com (“Website”), as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Services and the Website.
10. Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS GREENLIGHT’S LIABILITY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLIGHT (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; THE FAILURE OF MERCHANTS TO HONOR THE PREPAID CARD, OR TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY PROVISIONS, IN THE EVENT THAT WE ARE HELD LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW.
NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT SHALL THESE TERMS OF SERVICE CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS THAT YOU MAY HAVE UNDER FEDERAL OR STATE SECURITIES LAWS TO PURSUE A DIFFERENT REMEDY IF AND TO THE EXTENT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED.
11. Dispute Resolution; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
Applicability of this Dispute Resolution Policy
These Terms are governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and Greenlight agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this “Dispute Resolution; Class Action Waiver” Section. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Greenlight that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, your relationship with us, and all matters relating to or arising from these Terms, Greenlight’s Privacy Statement, or any other agreement between you and Greenlight, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
Informal Negotiation Period
Greenlight’s customer support department is available at 1-888-483-2645 or support@greenlight.com to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Greenlight agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the Initial Dispute Resolution Period). That period begins upon receipt of written notice from the party raising the Dispute.
If Greenlight has a Dispute with you, it will send notice of that Dispute to the email address connected to your Greenlight account, if applicable, or other appropriate means. If you have a Dispute with Greenlight, you must notify us in writing at the following email address: support@greenlight.com, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, your email address, your cell phone number, and your residential mailing address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Greenlight what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Greenlight later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Greenlight agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Greenlight authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms and the notice of Dispute (if any) that you or Greenlight provided before commencing arbitration.
Binding Arbitration
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Greenlight may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the AAA Consumer Arbitration Rules in effect when the notice of Dispute is delivered to the other party (the AAA Rules), which Rules are available at www.adr.org/consumer, as modified by these Terms of Service. If, for any reason, AAA is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA Rules.
If the amount of a Dispute does not exceed $25,000, then the Dispute may be resolved by the arbitrator through the submission of documents only (also known as a “desk arbitration”) without in-person or telephonic hearings. However, any party may still request a hearing, and an arbitrator might also determine that a hearing is necessary. Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the parties will work together to select a location for the arbitration hearing that will be mutually convenient for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to mutually agree upon the location for the arbitration hearing, then the arbitrator shall select the location in accordance with the AAA Rules.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Greenlight, and any award of the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Greenlight agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
Class and Collective Action Waiver
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND GREENLIGHT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
If any provision in this Dispute Resolution/Class Action Waiver Section of these Terms are found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution/Class Action Waiver Section of these Terms remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Dispute Resolution Section of these Terms (but only the Dispute Resolution/Class Action Waiver Section) shall be null and void.
Exceptions to Informal Negotiations and Arbitration
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms. Such claims are subject to the “Choice of Law; Venue for Non-Arbitral Disputes” clause below.
Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
30-Day Right to Opt-Out of Agreement to Arbitrate
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions in this “Dispute Resolution/Class Action Waiver” section of these Terms by visiting www.greenlight.com/arbitration/opt-out, printing out, completing and signing the Greenlight “Arbitration Opt-Out Form”, and mailing the completed Form to the following address:
Greenlight Financial Technology, Inc.
Attn: Customer Service – Arbitration Opt-Out
303 Peachtree St. NE, Suite 4300
Atlanta, GA 30308
The Arbitration Opt-Out Form requests you to provide the following information: (i) Full Name; (ii) mailing address; (iii) email address; (iv) cell phone number; and (v) the URL address for the specific Terms/Terms of Use in which you are opting out; (vi) and all of the same information for any child you would like to cover under the Arbitration Opt-Out Form. The Arbitration Opt-Out Form must be sent to Greenlight within 30 days of the date in which you first accept these Terms.
Arbitration Fees and Expenses
Under the AAA Rules in effect on the effective date of these Terms, if Greenlight is the claimant who makes a “Demand for Arbitration” (as defined in the AAA Rules), then Greenlight shall be responsible for paying all of the administrative fees of the arbitration including the non-refundable initial filing fees, the case management fees, the hearing fees and the arbitrator fees charged by the AAA. However, if you decide to become the claimant making a Demand for Arbitration against Greenlight, then you will be required to pay your portion of the non-refundable initial filing fees, but Greenlight will be required to pay the remainder of the administrative fees of the arbitration, including the remainder of the initial filing fees, the case management fees, the hearing fees and the arbitrator fees charged by the AAA. Please note that the AAA Rules, including the fee amounts and the allocation of the fees between the parties, are subject to change by the AAA at any time.
Except as described above for AAA administrative fees, each party shall be responsible and liable for its own fees and expenses in connection with any arbitration (or court proceeding to enforce an arbitral judgment) including, without limitation, its own attorney’s fees and expenses and the costs of required travel and any other expenses in connection with the arbitration proceeding. The expenses of witnesses for either side shall be paid by the party producing such witness.
Choice of Law; Venue for Non-Arbitrable Disputes
Except as otherwise provided herein, your use of the Services under these Terms is governed by the laws of the State of Delaware, excluding its conflict of laws provisions, and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
For any claims not subject to binding individual arbitration, and which cannot be brought in small claims court as set forth above, you and Greenlight agree to submit to the exclusive jurisdiction of the state and federal courts in Delaware, and you and Greenlight consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible).
Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in these Terms.
12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
13. Indemnification
You agree to defend, indemnify, and hold harmless Greenlight, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or regulation, or the rights of any third party.
14. Notice
Except as expressly set forth to the contrary herein, all notices given by you under these Terms shall be in writing and addressed to:
Greenlight Financial Technology, Inc.
303 Peachtree St. NE, Suite 4300
Atlanta, GA 30308
Attn: Customer Service
Except as expressly set forth to the contrary herein, all notices given by Greenlight under these Terms shall be given to you through written notice, email, or posting on the Website.
Term and Termination
You understand and agree that Greenlight has the right to terminate these Terms and your use of the Services, or to change, modify, suspend, or cancel access to any and all of the Services, in whole or part, in Greenlight’s sole discretion, for any reason, at any time and without notice to you.
You may terminate these Terms at any time by calling Customer Service at 1-888-483-2645 or opting out of the Services as described above in Section 4.
Your right to use and access the Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.
These Terms are solely and exclusively between you and Greenlight and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Greenlight is a party to these Terms, and (ii) no third party, including any third-party partner or service provider of Greenlight, has any obligations or duties to you under these Terms.
Any waiver of our rights under these Terms must be in writing, signed by Greenlight, and any such waiver shall not operate as a waiver of any future breach of these Terms. Our failure to exercise any rights or enforce any of these Terms is not a waiver of such right or term.
In the event any portion of these Terms is found to be illegal or unenforceable, such portion shall be severed from these Terms to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms shall otherwise remain in full force and effect to the fullest extent permitted by law.
You warrant to Greenlight, as a condition to your use of the Services, that your use of the Services, shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Services for lawful purposes.
These Terms, and all documents incorporated into these Terms by reference, constitute the entire agreement between you and Greenlight with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms.