SMS Terms and Conditions
(U.S.-BASED TEXT MESSAGING PROGRAMS)
Updated June 15, 2023
PLEASE READ THESE SMS TERMS AND CONDITIONS (THE “SMS TERMS”) CAREFULLY BEFORE SIGNING UP FOR ANY GREENLIGHT TEXT MESSAGING PROGRAM(S) (THE “TEXT MESSAGING SERVICES”). THESE SMS TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION POLICY AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION.” 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 SECTION AND THESE SMS TERMS CAREFULLY BEFORE SIGNING UP FOR ANY GREENLIGHT TEXT MESSAGING PROGRAM OR USING THE GREENLIGHT TEXT MESSAGING SERVICES. IF YOU DO NOT AGREE WITH ALL OF THESE SMS TERMS, YOU SHOULD NOT USE THE GREENLIGHT TEXT MESSAGING SERVICES.
By signing up for Greenlight Text Messaging Services through one or more Greenlight text messaging programs, you expressly consent to receive either marketing or non-marketing text messages, as applicable, from Greenlight and others texting on its behalf, at the telephone number(s) that you provide. The mechanism for you to sign up can include, without limitation, checking a box during the Greenlight Account registration process, clicking a button on a mobile webpage or application, initiating an exchange in which Greenlight replies to you only with responsive information using Greenlight’s interactive voice response (“IVR”) or chatbot technology. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase. To the extent applicable, your receipt of text messages from Greenlight and these SMS Terms incorporate the Greenlight Terms of Service (the “Greenlight ToS”) by reference. Any capitalized terms appearing in these SMS Terms, but not defined herein, shall have the meanings ascribed to them in the Greenlight ToS.
Greenlight text messages are intended to provide you with (i) marketing information (e.g., events, promotions, sweepstake and contests offered by Greenlight) or (ii) instructional information and useful links regarding how to access and use the Greenlight Services. We may also provide you with transaction-related information. The Text Messaging Services that you enroll in are for convenience purposes only and do not amend, supplement, change or replace any other notice or information that you may receive or have received in connection with your Greenlight Account, including, without limitation, any information provided to you on the Greenlight Website, the Greenlight Application, or via email or regular mail. If you have any questions or concerns about your Greenlight Account, you should visit the Greenlight Help Center at https://help.greenlight.com/hc/en-us or contact Greenlight customer service at 1-888-483-2645 or firstname.lastname@example.org.
The number of Greenlight text messages that you receive will vary depending on the Greenlight text messaging programs in which you sign up to receive messages and the frequency of the messages sent by those text message programs. For example, texts containing instructional information and useful links will likely only be sent when you contact Greenlight customer service searching for answers to your questions regarding how to access and use the Greenlight Services.
Message and data rates may apply to each text message sent or received in connection with Greenlight text messages, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier directly for information about your mobile pricing plans. Greenlight does not impose a separate fee for sending Greenlight text messages or receiving text messages from you; however, you are responsible for any fees of any kind whatsoever that are imposed by your mobile carrier.
How to Opt-In
To opt-in to receive text messages from a Greenlight text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example, you might (i) check a box during the Greenlight Account registration process to receive promotional messages; (ii) click a button on a mobile webpage or application; (iii) initiate an exchange in which Greenlight replies to you only with responsive information; (iv) be asked to indicate whether you wish to enroll in a particular text message program by replying in the manner indicated in an initial text message (e.g., respond with “Y” or “Yes”); or (v) use IVR or chatbot technology.
How to Opt-Out
To stop receiving text messages from a specific Greenlight text messaging program, text STOP to the number for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit short code number or the 10-digit customer service number from which text messages are being sent). You acknowledge that you may then receive one (1) final message from Greenlight confirming your opt-out of that specific text messaging program. Following such confirmation message, no additional text messages associated with that text messaging program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that number. You will remain opted in to any other Greenlight text messaging programs in which you enrolled and haven’t previously opted-out (unless you re-enroll again).
Your Mobile Telephone Number
You represent that you are the account owner for any mobile telephone number(s) that you enroll. You are responsible for notifying Greenlight immediately if you change your mobile telephone number. You may notify Greenlight of a number change by changing your number in the Greenlight Application or by contacting Greenlight customer service at 1-888-483-2645 or email@example.com.
You agree to indemnify Greenlight in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Greenlight if you change your telephone number including, but not limited to, all claims, expenses, and damages arising under or related to the Telephone Consumer Protection Act.
Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.
Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand, acknowledge and agree that network services, including but not limited to mobile network services, are outside of Greenlight’s control, and Greenlight is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered text messages or the security of any text messages).
Supported carriers may change from time to time, but currently include AT&T, T-Mobile/MetroPCS, U.S. Cellular, and Verizon Wireless, among others.
Carriers are not liable for delayed or undelivered messages.
To request more information, text HELP to the number for the text messaging program about which you have questions (i.e., the five, six or 10-digit number from which its text messages are being sent). You may also receive help by contacting Greenlight customer service via phone at 1-888-483-2645 or via text message at 1-404-974-3024.
To receive Greenlight text messages, you must be a resident of the United States and 18 years of age or older, or your use of text messages to communicate with Greenlight must be approved by your parent or legal guardian.
Changes to Terms and Conditions
Greenlight may revise, modify, or amend these SMS Terms at any time. Any such revision, modification, or amendment shall take effect when it is posted to Greenlight’s website (greenlight.com). You agree to review these SMS Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Greenlight text messages will indicate your acceptance of those changes.
Termination of Text Messaging
We may suspend or terminate your receipt of Greenlight text messages if we believe you are in breach of these SMS Terms or the Greenlight ToS. Your receipt of Greenlight text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Greenlight reserves the right to modify or discontinue, temporarily or permanently, all or any part of Greenlight Text Messaging Services, with or without notice.
Your privacy is important to us. Please visit https://privacy.greenlight.com/policies to review our privacy statement.
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 SMS 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 Text Messaging Services, your relationship with us, and all matters relating to or arising from these SMS 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 SMS 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 firstname.lastname@example.org to address any concerns you may have regarding the Greenlight Text Messaging 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 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: email@example.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 and cell phone number associated with your Account, 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 SMS Terms and the notice of Dispute (if any) that you or Greenlight provided before commencing 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 SMS Terms. 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 the SMS Terms is found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution/ Class Action Waiver Section of these SMS 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 SMS 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 Greenlight Text Messaging Platform and the Greenlight Text Messaging Service. Such claims are subject to the “Applicable 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 the SMS 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
Arbitration Fees and Expenses
Under the AAA Rules in effect on the effective date of these SMS 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.
Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF GREENLIGHT 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; 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. 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 SMS TERMS, IN NO EVENT SHALL THESE SMS TERMS 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.
Applicable Law; Venue for Non-Arbitral Disputes
Except as otherwise provided herein, your use of the Greenlight Text Messaging Services under these SMS Terms is governed by the laws of the State of Delaware, excluding its conflicts 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 in 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 the Greenlight ToS.
Entire Agreement; Severability; Survival
If any provision of these SMS Terms is to any extent illegal, otherwise invalid, or incapable of being enforced, such provision shall be excluded to the extent of such invalidity or unenforceability; all other provisions hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a new provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
These SMS Terms, and all documents incorporated into these SMS Terms by reference, including the documents linked below, constitute the entire agreement between you and Greenlight with respect to subject matter of these SMS Terms and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The provisions relating to privacy, agreement to arbitrate, class action waiver, limitation of liability, applicable law, venue for non-arbitral disputes, and survival shall survive any termination of these SMS Terms.
Greenlight SMS Terms and Conditions
Greenlight Terms of Service
Greenlight Privacy Statement