Safe Family Terms of Service

• Important Notice

• Overview

• Eligibility

• changes to the Terms

• General Condition

• Subscriptions and Billing

• Return Policy

• Title and Loss

• Feedback

• Privacy

• Ownership; Limited License

• Beta Services

• Artificial Intelligence and Automated Tools

• Conduct

• Errors, Inaccuracies and Omissions

• Warranty/Disclaimer of Warranty

• Promotional Programs

• Electronic Communication

• Indemnification

• Limitation of Liability

• Dispute Resolution; Class Action Waiver

• Choice of Law; Venue for Non-Arbitrable Disputes

• Notices

• Termination

• Severability

• Entire Agreement

IMPORTANT NOTICE:

PLEASE READ THESE SAFE FAMILY TERMS OF SERVICE (THE “SAFE FAMILY TERMS") CAREFULLY BEFORE USING THE GREENLIGHT SAFE FAMILY SERVICES (DEFINED BELOW). THESE SAFE FAMILY TERMS  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 SAFE FAMILY TERMS CAREFULLY BEFORE USING THE GREENLIGHT SAFE FAMILY SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU SHOULD NOT USE THE  GREENLIGHT SAFE FAMILY SERVICES.

BY CLICKING “I ACCEPT” OR ITS EQUIVALENT OR BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE SAFE FAMILY TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SAFE FAMILY TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES. Your use of the Greenlight website, greenlight.com (the “Website”), the Greenlight store hosted on Shopify, shop.greenlight.com (“Greenlight Store”), the Greenlight application for a mobile phone, tablet or any other portable device (the “Application”), the Greenlight Safe Family Services (defined below), the safety tracker device (“Safe Family Device”), consumer products, and customer support are subject to your compliance with these Safe Family Terms. These Safe Family Terms constitute a legally binding agreement between Greenlight Financial Technology, Inc. (“Greenlight,” “we,” “our,” or “us”) and you, and describe the terms under which you agree to use the services, devices, products, features, functions, technologies, or content offered on the Website, the Application, Greenlight Store and all related sites and applications, regardless of how accessed, including by computer, mobile phone, tablet or any other device (collectively, the “Greenlight Safe Family Services”). “Application User” means any individual who uses the Website, the Greenlight Store or the Application to access the Greenlight Safe Family Services including, without limitation any individuals who utilize free services provided by Greenlight from time-to-time through the Website, the Application, the Greenlight Store or otherwise. Unless specified otherwise in these Safe Family Terms, the terms “you,” “your” and “yours” refer to an Application User.

OVERVIEW

The Greenlight Safe Family Services are provided directly through Greenlight and Greenlight is not providing the Greenlight Safe Family Services on behalf of any issuing bank. The Greenlight Safe Family Services include paid subscription services and free services all provided directly by Greenlight from time-to-time through the Website, the Application, the Greenlight Store or otherwise. The Greenlight Store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Any new features or tools which are added to the current store shall also be subject to these Safe Family Terms.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ELIGIBILITY

By accessing or using the Greenlight Safe Family Services, you represent and warrant that you are at least 18 years of age. If you are under 18 years of age, you may use the Greenlight Safe Family Services only with express and verifiable parental or legal guardian consent. By providing consent for a user under the age of 18, the parent or legal guardian expressly agrees: i) to be fully responsible for and exercise oversight of the child’s use of the Greenlight Safe Family Services, including ensuring that such use is always in accordance with this Agreement, all documents referenced in these Safe Family Terms, and all applicable laws, (ii) to be fully responsible and liable for the child’s compliance with this Agreement and the child’s ‎use of the Greenlight Safe Family Services‎, and (iii) ‎to be fully responsible for the disclaimers, waivers and limitations of liability set out in these Safe Family Terms on your ‎own behalf and on the child’s behalf‎. If you use the Greenlight Safe Family Services on behalf of another person, (a) all references to “you” throughout these Safe Family Terms will include that person or entity, (b) you represent that you are authorized to accept these Safe Family Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Safe Family Terms, the person or entity agrees to be responsible to us.

Anyone under eighteen (18) years of age is strictly prohibited from creating an account for the Greenlight Safe Family Services without express, verifiable parental consent.

CHANGES TO THE TERMS

We reserve the right to modify all or part of these Safe Family Terms at any time in our sole discretion. Changes will be effective upon posting, provided that these changes will be prospective only and not retroactive. Your continued use of the Greenlight Safe Family Services or access to the Website, Greenlight Store or Application following the posting of any changes constitutes your acceptance of those changes. 

GENERAL CONDITIONS 

The Greenlight Safe Family Services require the purchase of the Safe Family Device(s) and a device subscription in order to access some or all of the features and functionality, as well as to register for an account. You may purchase the Safe Family Device directly from the Greenlight Shop or from another Greenlight customer. If you register for an account, you must provide accurate account information and promptly update such information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that an unauthorized person has accessed your account. You are responsible for all actions and activities that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

The Safe Family Devices may have limited quantities and may be returned or exchanged only according to our Warranty Policy and Return Policy. We reserve the right, but are not obligated, to limit or refuse the sales of the Greenlight Safe Family Services, including the Safe Family Device, to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 

We have made every effort to display the colors and images of our products on the Greenlight Store as accurately as possible. We cannot guarantee that your screen’s display of any color will be accurate. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. Prices for our products are subject to change without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Greenlight Safe Family Services. 

SUBSCRIPTIONS AND BILLING 

The Greenlight Safe Family Services require the purchase of the Safe Family Device(s) and a subscription in order to access the features and functionality. By subscribing to the Greenlight Safe Family Services, you agree to the terms of the subscription plan.

• Billing Cycle: Subscriptions are billed monthly in advance on a recurring basis. Your subscription will automatically renew at the end of each billing cycle unless canceled or terminated by either you or Greenlight. You authorise Greenlight to charge your payment method on file for the subscription fees and any applicable taxes.

• Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorise Greenlight to collect the applicable subscription fees for the next billing cycle. You may cancel your subscription at any time through the Application settings or by emailing support@greenlight.me.

• Refunds: All subscription fees are non-refundable, except as required by applicable law. The Safe Family Device may be returned for a full refund within 30 calendar days of the purchase date solely in accordance with the Return Policy.

• Changes to Subscription Plans: Greenlight  reserves the right to modify subscription plans or adjust pricing for the Greenlight Safe Family Services or any components thereof in any manner and at any time, at our sole discretion. Any price changes or modifications to your subscription plan will be communicated to you in advance via email or in another available manner, and will become effective at the beginning of the next billing cycle following the date of the change. If you do not want to continue at the new price, you can cancel the subscription before the price increase takes effect. Your continued use of the Greenlight Safe Family Services after the price change takes effect constitutes your agreement to pay the modified subscription fee.

Cancellation: You can cancel your subscription at any time through the Application settings or by contacting us at support@greenlight.com. If you cancel, your subscription will continue until the end of the current billing cycle during which time you will retain access to the features.  Upon cancellation, you will lose access to the Greenlight Safe Family Services at the end of the billing cycle, and you will not receive a refund for any fees already paid. 

RETURN POLICY

If you're not completely satisfied with your purchase, you may request a full refund within 30 calendar days from the day the device is shipped, in accordance with the Return Policy, which is incorporated into and made part of these Safe Family Terms. For pre-orders, please refer to the Cancellation Policy, which is incorporated into and made part of these Safe Family Terms.

TITLE AND LOSS

Title to and risk of loss for the Safe Family Device(s) passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. Greenlight will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments. For shipping details, please refer to the Shipping Policy which is incorporated herein by reference.

FEEDBACK

By submitting any information to Greenlight through your access to and use of the Greenlight Safe Family Services (each, a “Submission”), you are licensing that Submission to Greenlight solely for the purpose of providing the Greenlight Safe Family Services, and you represent that you are entitled to do so for this purpose. Further, if you respond to any surveys, contests or interviews about the Greenlight Safe Family Services or provide feedback (with or without a request from us) including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise about any of the Greenlight Safe Family 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 Greenlight Safe Family 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 the Greenlight Safe Family Services, the Website, the Greenlight Store, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with the Greenlight Safe Family Services, the Website, and the Application.

PRIVACY

We take the privacy of your Personal Information (defined in the Privacy Statement) seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. Our Privacy Statement is incorporated in and subject to these Safe Family Terms. The Application will retain and display all the places visited in the last 365 days. Greenlight will delete all data after 12 months.

OWNERSHIP; LIMITED LICENSE

We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in the Greenlight Safe Family Services, the Website, the Greenlight Store and the Application including all content, features, functionality, text, graphics, images, icons, software, photographs, videos, illustrations and the compilation and arrangement thereof, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with the Greenlight Safe Family Services, the Greenlight Store, the Website, and the Application. You are not granted any right or license to use any of these trademarks without prior written permission. Subject to your compliance with these Safe Family Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sub-licensable, revocable license to access and use the Greenlight Safe Family Services for your own personal, noncommercial use. Any use of the Greenlight Safe Family Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

BETA SERVICES

From time to time, Greenlight may offer Beta Services to you.  “Beta Services” means the Greenlight Safe Family Services, or a specific feature of the Greenlight Safe Family Services, that are provided prior to general commercial release and which are designated or presented to you as alpha, beta, experimental, pilot, early access, non-production, or in evaluation.  By accepting, downloading or using any Beta Services, you understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. IN NO EVENT SHALL THE TOTAL LIABILITY OF GREENLIGHT OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE USE OF BETA SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100 USD). Greenlight is not obligated to provide any maintenance, technical, or other support for Beta Services, and may discontinue Beta Services at any time at our sole discretion.

ARTIFICIAL INTELLIGENCE AND AUTOMATED TOOLS

The Greenlight Safe Family Services may incorporate artificial intelligence (“AI”), machine learning, or other automated technologies (collectively, “AI Tools”) to provide features such as, but not limited to, personalization, recommendations, content generation, or process automation. By using the Greenlight Safe Family Services, you acknowledge and agree to the AI Usage Policy which is incorporated into and made a part of these Safe Family Terms. AI Tools are continuously developed and may evolve over time. We may introduce, modify, or discontinue AI-related features without prior notice. You remain solely responsible for any decisions, actions, or outcomes that result from your use of AI Tools within the Greenlight Safe Family Services.

CONDUCT

As a condition of your use of the Greenlight Safe Family Services, the Greenlight Store, the Website and/or the Application, you warrant that you will not use the Greenlight Safe Family Services, including the Safe Family device for any purpose that is unlawful, or is prohibited by these Safe Family Terms. You agree that you are solely responsible for your conduct while using the Greenlight Safe Family Services. You understand, agree, and acknowledge that you may not, and warrant that you will not, directly or indirectly:

1. Use the Greenlight Safe Family Services for any illegal, harmful, unauthorized, or otherwise prohibited purpose, or to encourage or promote violations of these Safe Family Terms or any applicable laws or regulations;

2. Misuse or abuse the Greenlight Safe Family Services to stalk, harass, intimidate, threaten, or otherwise harm any person;

3. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Greenlight Safe Family Services, including any servers, networks, or databases connected thereto;

4. Interfere with, alter, impair, or disrupt the integrity, performance, or normal functioning of the Greenlight Safe Family Services, or otherwise prevent or inhibit other users from fully enjoying the Greenlight Safe Family Services;

5. Impersonate any person or entity, post on behalf of another, or otherwise falsify or misrepresent your identity, affiliation, location, or data in order to mislead others;

6. Use or attempt to use another user’s account without proper authorization;

7. Share, disclose, distribute, or otherwise exploit another person’s personal or location data without their explicit consent;

8. Send, post, or distribute spam, unsolicited or bulk commercial communications, chain letters, pyramid schemes, or other similar materials;

9. Transmit, upload, or distribute viruses, malware, or any other harmful, disruptive, or malicious code;

10. Copy, reproduce, distribute, publicly perform, or publicly display any part of the Greenlight Safe Family Services, except as expressly authorized by Greenlight or its licensors;

11. Modify, alter, remove proprietary notices from, or create derivative works based upon the Greenlight Safe Family Services;

12. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Greenlight Safe Family Services, or bypass, circumvent, or disable any technical or security measures employed to restrict access to the Greenlight Safe Family Services;

13. Scrape, crawl, mine, or use automated data-gathering or extraction methods with respect to the Greenlight Safe Family Services without Greenlight’s prior written consent;

14. Develop, use, or distribute any applications, integrations, or software that interact with the Greenlight Safe Family Services without Greenlight’s prior written consent;

15. Infringe, misappropriate, or otherwise violate the rights of Greenlight, other users, or any third parties, including intellectual property, privacy, or other proprietary rights;

16. Engage in any fraudulent, deceptive, manipulative, or commercially exploitative activity in connection with the Greenlight Safe Family Services; or

17. Disable, circumvent, or otherwise interfere in any way with Greenlight’s security-related features.

Any violation of these rules may result in the suspension or termination of your access to the Greenlight Safe Family Services in Greenlight’s sole discretion, and in some cases, legal action.  Any failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party.

WARRANTY/DISCLAIMER OF WARRANTY 

Except for the rights granted to consumers under the Limited Warranty provided in accordance with our Warranty Policy, your use of the Greenlight Safe Family Services is at your sole risk. Except as otherwise provided in writing by us, the Greenlight Safe Family Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. Greenlight makes no representation or warranty regarding the accuracy, timeliness, reliability, or completeness of any data or information provided by the Greenlight Safe Family Services, including but not limited to location tracking; precise measurement of direction, distance, location or topography; notifications, or any other features. Greenlight disclaims any responsibility for errors, omissions, interruptions, delays, defects, viruses, or other harmful elements that may occur or be transmitted in connection with your use of the Greenlight Safe Family Services. Greenlight does not represent or warrant that the Greenlight Safe Family Services will be free from bugs, security breaches, or any other technical problems, and assumes no liability for any damage to your device, system, or data as a result of your use of the Greenlight Safe Family Services, nor guarantees that the Greenlight Safe Family Services will be compatible with all devices or that they will function without disruptions, delays, or imperfections under any circumstances. The Safety Tracker is Dependent on carrier coverage and the Safe Family Device must be turned on. You assume the entire risk as to the quality and performance of the Greenlight Safe Family Services.  You agree that from time to time we may remove the Greenlight Safe Family Services for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. 

Occasionally there may be information on the Website, the Greenlight Store, the Website or the Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Greenlight Safe Family Services or on the Website, the Greenlight Store or any related site is inaccurate at any time without prior notice (including after you have submitted your order).

PROMOTIONAL PROGRAMS

Greenlight may from time to time offer loyalty, award or promotional programs (“Promotional Programs”) to Greenlight customers, including the “Referral Programs,” the “Advocate Programs” and the “Sweepstakes Programs” described below. If you participate in any of the Promotional Programs, the following additional terms apply.

At its discretion, Greenlight may permit, limit, suspend, or terminate your participation in any Promotional Program at any time. If you participate in a Promotional Program, you agree to do so in accordance with these Safe Family Terms, any additional terms related to the specific promotion and in a manner consistent with all applicable local, state, national, and international laws and regulations. In your communications with anyone regarding the Greenlight Safe Family Services, including Referred Customers (as defined below), you may not directly or indirectly state or imply that you are an employee, intermediary, or agent, or are in any way authorized to legally bind Greenlight. You understand and agree that you will only contact individuals who have given you their consent to be contacted. You agree that you will participate in the Promotional Programs in ways that are respectful of the privacy of others, including refraining from spamming or engaging in otherwise unsolicited advertising or promotion of the Greenlight Safe Family Services. You may not post referral information, including any referral code or link provided to you by Greenlight, on any event, coupon, discount, or related page or site. You also agree to participate in the Promotional Programs, and communicate with others about the Greenlight Safe Family Services, in a truthful manner.

A. Referral Programs.

Greenlight may offer a Referral Program to certain Application Users. The terms and conditions of any specific Referral Program will be made available on the Website or the Application, and will be in addition to the terms and conditions of these Safe Family Terms. A “Referral Program” is an opportunity for you, the Application User, to promote and refer the Greenlight Safe Family Services to potential customers (“Referred Customers”) with the intent that the Referred Customers will themselves start using the Greenlight Safe Family Services. Any individual referred by you shall become a Referred Customer only if such individual (i) has not previously entered into an agreement with Greenlight to receive the Greenlight Safe Family Services; and (ii) has not been previously referred or introduced to Greenlight by another Greenlight customer.

Once Greenlight accepts the Referred Customer, you and/or the Referred Customer may be eligible to receive an award or benefit from Greenlight (a “Referral Reward”). Unless the terms and conditions of the particular Referral Program specify otherwise, a Referred Customer shall only be considered accepted once the Referred Customer (i) successfully completes the account registration process; (ii) receives the Greenlight Safe Family Services for a period of not less than thirty-five (35) calendar days; and (iii) you pay at least one monthly subscription fee.  

Notwithstanding the above, Greenlight may refuse to accept any Referred Customer, and such decision shall be at the sole discretion of Greenlight. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Greenlight. The specific Referral Rewards in effect at any time will be those posted and described within the Website or Application at the time the potential customer becomes a Referred Customer. Greenlight reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by Greenlight. You shall use the Referral Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any use other than the promotional purpose for which it was intended.

You agree that you will properly disclose your relationship with Greenlight in all communications with Referred Customers regarding the Greenlight Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the Greenlight Safe Family Services, may not directly or indirectly state or imply that you are a Greenlight employee, intermediary, or agent, or that you are otherwise a legal representative of Greenlight.

B. Advocate Programs.

Greenlight may offer an Advocate Program to certain Application Users. An “Advocate Program” is an opportunity for certain users to engage directly with Greenlight and other Greenlight users, complete certain challenges designed by Greenlight, and earn rewards or benefits.

Invitations to join the Advocate Program are extended to fans of the Greenlight Safe Family Services, by Greenlight, from time to time. Greenlight users may also request to join the Advocate Program. If you join the Advocate Program, you will receive special communications from Greenlight through the Website, Application, email, or social media channels which may include: (i) requests to complete challenges, which upon completion may result in an award of certain benefits; (ii) requests to provide input on existing or new Greenlight services and features; and (iii) access to the online Greenlight advocate community, where Greenlight users can share thoughts on their Greenlight experience. Your participation in the Advocate Program does not guarantee the receipt of any associated benefits. Benefits associated with the Advocate Program are subject to change at any time and are provided at the sole discretion of Greenlight, and Greenlight may terminate the Advocate Program, or any aspect thereof, at any time with or without notice. You shall use the Advocate Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Advocate Program for any use other than the promotional and informational purposes for which it was intended.

C. Sweepstakes Programs.

Greenlight may offer a “Sweepstakes” to Application Users from time to time in order to promote or encourage the use of the Greenlight Safe Family Services generally or specific product features.  Some examples include a customer referral Sweepstakes or a customer survey Sweepstakes. In order to enter a Greenlight Sweepstakes, you will typically be requested to participate in a promotional activity or you will be permitted to enter using a “no purchase necessary” alternative method of such entry.  All Sweepstakes prizes will be awarded by random drawing from among the eligible entrants.  The odds of winning will vary by Sweepstakes but will be outlined in each individual Sweepstakes rules.  Further, you will be required to complete and submit a signed Affidavit and Release in order to claim a prize if you are selected as a Sweepstakes winner.  In addition, all federal, state, and local tax liabilities and any applicable fees associated with accepting a prize or participation in the Sweepstakes are the sole responsibility of the winner.

ELECTRONIC COMMUNICATION 

A. Your Consent to Receive E-Communications.

By accepting these Safe Family Terms and using the Greenlight Safe Family Services, you consent to receiving electronic communications, which include any disclosure, notice, agreement, statement, schedule of fees, explanation of services, inquiry responses, or any other communication regarding any account, product or service provided to you, including Promotional Programs, directly or indirectly, by Greenlight and/or Community Federal Savings Bank (collectively, “E-Communications”).

B. Email Addresses/Mobile Devices.

You agree that we may provide E-Communications to you via email, via text message to a designated mobile device, or by posting them to the Website or delivering them to you via the Application. E-Communications sent via email will be delivered to the email address registered to your Greenlight Account. If an E-Communication is sent via email and is returned as undelivered, we may use any other email address that we have for you, or deliver the E-Communication to you via the Application. You must notify us of any change in your email address or mobile device number by emailing support@greenlight.com. Unless otherwise required by law, you agree that any E-Communication will be deemed received by you when sent by any means set forth above.

C. Withdrawal of Consent.

You may withdraw your consent to receive E-Communications by contacting Greenlight at support@greenlight.com. The withdrawal of your consent to E-Communications will result in the immediate closing of your account and cessation of all related Greenlight Safe Family Services.

D. Printed Copies.

You may contact support@greenlight.com to request a paper copy of any communication provided electronically. Paper copies of electronic communications cost $5.99 per Account, which will be charged to your card on file. Greenlight may, in its discretion, close your account and cease all related Greenlight Safe Family Services in the event of routine or multiple requests for paper copies of E-Communications.

E. System Requirements.

In order to properly access and retain your E-Communications you must have (i) a personal computer (with monitor) or mobile device capable of accessing the Internet, displaying visual content, and sending and receiving emails; (ii) access to a printer capable of printing copies of emails, Website or Application content for your records (if you desire paper records); (iii) sufficient computer or mobile device hard drive, or cloud-based storage capability, capable of storing data, if you wish to store E-Communications; (iv) an Internet browser that supports 128-bit encryption; and (vi) a software program that accurately displays PDF files. For E-Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required, a free copy of which may be obtained from the Adobe website at www.adobe.com. If any of the above system requirements change, and we believe that such change may create a material risk that you will be unable to access E-Communications, Greenlight will notify you of the new hardware/software requirements.

F. Telephone and Text Communications.

By using the Greenlight Safe Family Services and accepting these Safe Family Terms and the SMS Terms, you agree that we may call or send text messages to you regarding your account using any contact information relating to your account, including any telephone number (i) you have provided to us; (ii) from which you have called us; or (iii) which we obtained and at which we reasonably believe we can reach you.  You agree we may call or text any of these telephone numbers using an automatic telephone dialing system or an artificial or prerecorded voice.  You agree to promptly notify us if you change any telephone number contact you provide to us. 

We may offer you the option to receive SMS/text messages, sometimes on a recurring basis, such as messages or alerts related to a monitoring feature of the Greenlight Safe Family Services. We may also send SMS/text messages in the event of an emergency, such as detection of a significant motor vehicle collision. You agree that the mobile number you provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages. We are not responsible for any delays upon sending or receiving text messages.

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 Safe Family Terms, or your violation of any law or regulation, or the rights of any third party.

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 PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE, SAFE FAMILY DEVICE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK. 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. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE SAFE FAMILY TERMS OF SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID GREENLIGHT IN THE SIX MONTHS PRIOR TO THE EVEN GIVING RISE TO THE LIABILITY. .

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.

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.

A. Applicability of this Dispute Resolution Policy. 

These Safe Family 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 Greenlight Safe Family Services, your Account, your relationship with us, and all matters relating to or arising from these Safe Family 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 Safe Family Terms. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.

B. 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 or your Account. 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 your billing address and/or email address you have provided to us. 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, the email address associated with your Account, 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 of Service and the notice of Dispute (if any) that you or Greenlight provided before commencing arbitration.

C. 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

D. 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 of Service are found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution/Class Action Waiver Section of these Terms of Service 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 of Service (but only the Dispute Resolution/Class Action Waiver Section) shall be null and void

E. 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 of Service. 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.

F. 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 Safe Family 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 (v) last four digits of your Greenlight Prepaid Mastercard Account number (if any); and (vi) the URL address for the specific Terms of Service/Terms of Use in which you are opting out; and (vii) all of the same information for any child who had been issued Secondary Account attached to your Primary Account.  The Arbitration Opt-Out Form must be sent to Greenlight within 30 days of the date in which you first accept these Terms of Service.

G. Arbitration Fees and Expenses.

Under the AAA Rules in effect on the effective date of these Terms of Service, 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 Greenlight Services under these Terms of Service 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 of Service.

NOTICES 

Except as expressly set forth to the contrary herein, all notices given by you under this Agreement 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 this Agreement shall be given to you through written notice, email, or posting on the Website or Application.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Safe Family Terms are effective unless and until terminated by either you or us. You may terminate these Safe Family Terms at any time by notifying us that you no longer wish to use the Greenlight Safe Family Services, or when you cease using the services. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Safe Family Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

A breach or violation of any of the Safe Family Terms will result in an immediate termination of your Services.

SEVERABILITY

In the event that any provision of these Safe Family Terms determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Safe Family Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Safe Family Terms shall not constitute a waiver of such right or provision.

These Safe Family Terms and any policies or operating rules posted by us on this site or in respect to the Greenlight Safe Family Services constitutes the entire agreement and understanding between you and us and govern your use of the Greenlight Safe Family Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Safe Family Terms).

Any ambiguities in the interpretation of these Safe Family Terms shall not be construed against the drafting party.