This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site located at www.brightdime.com ("BrightDime"), as owned and operated by BrightDime. By using BrightDime you agree to be bound by the terms and conditions of this Agreement and BrightDime’s Privacy and Security Policy.
By using the information, tools, software, features and functionality including content, updates and new releases located on BrightDime (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the BrightDime website) or you are a “Member” (which means that you have registered with BrightDime). The term “you” or “User” refers to a Visitor or a Member. The term “we” refers to BrightDime. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with BrightDime.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
For information about BrightDime’s data protection practices, please read BrightDime Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how BrightDime treats your personal information when you access BrightDime and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
The Service is a personal finance information management service that allows Members to consolidate and track their financial information on BrightDime. The Service is meant as an aid to assist you in organizing and managing your finances. It is not intended to provide legal, tax or financial advice.
With the Service, Members may direct BrightDime to retrieve their own information maintained online by third-party financial institutions with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). BrightDime works with one or more online financial service providers under contract to access this Account Information. BrightDime makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. BrightDime is not responsible for the products and services offered by or on third-party sites.
BrightDime cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. BrightDime cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.
Some third-party financial institutions may not allow the Service to access online accounts on your behalf. Third-party financial institutions may make changes to their websites with or without notice to us that could delay or prevent BrightDime’s ability to retrieve Account Information. BrightDime may “refresh” Account Information nightly so prior to making any decisions based on information presented in the Service you should confirm that the Account Information is correct and up-to-date.
You agree and understand that you are responsible for maintaining the confidentiality and security of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration Information, you agree to notify BrightDime immediately via email Contact BrightDime at email@example.com.
Your right to access and use BrightDime and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use BrightDime for lawful purposes.
Accurate records enable BrightDime to provide the Service to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account” setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.
Your access and use of BrightDime may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of BrightDime or other actions that BrightDime, in its sole discretion, may elect to take.
From time to time, BrightDime may include new and/or updated pre-release features and trial use (“Sneak Preview” features) in the Service for your use and which permit you to provide feedback. You understand and agree that your use of Sneak Preview features is voluntary and BrightDime is not obligated to provide you with any Sneak Preview features. Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions BrightDime may place on them. You understand that once you use the Sneak Preview features, you may be unable to revert back to the earlier version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Sneak Preview feature back to the earlier version. The Sneak Preview features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Sneak Preview features is at your sole risk.
You agree that BrightDime may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant BrightDime a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to BrightDime in any way. BrightDime will not sell, publish or share your feedback in a way that could identify you without your explicit permission.
Use of these Service may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. BRIGHTDIME MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
BrightDime may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your BrightDime account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. BrightDime may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for BrightDime. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your BrightDime Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to BrightDime through the Service, you are licensing that content to BrightDime solely for the purpose of providing the Service. BrightDime may use and store the content, but only to provide the Service to you. By submitting this content to BrightDime, you represent that you are entitled to submit it to BrightDime for use for this purpose, without any obligation by BrightDime to pay any fees or other limitations.
By using the Service, you expressly authorize BrightDime to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be directly connected to the website for the third party you have identified. BrightDime will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit BrightDime to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant BrightDime a limited power of attorney, and appoint BrightDime as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BRIGHTDIME IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, BRIGHTDIME IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
The contents of BrightDime, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of BrightDime belong or are licensed to BrightDime or its software or content suppliers. BrightDime grants you the right to view and use BrightDime subject to these terms. You may download or print a copy of information provided on BrightDime for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from BrightDime in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not:
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BRIGHTDIME OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BRIGHTDIME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BRIGHTDIME OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
BRIGHTDIME MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BRIGHTDIME OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BRIGHTDIME MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER BRIGHTDIME NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BRIGHTDIME IS NOT A FINANCIAL PLANNER, BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. BrightDime does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that BrightDime shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
BRIGHTDIME SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BRIGHTDIME, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BRIGHTDIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BRIGHTDIME’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
You shall defend, indemnify and hold harmless BrightDime and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
This Agreement will continue to apply until terminated by either you or BrightDime as set out below. If you want to terminate your legal agreement with BrightDime, you may do so by emailing us at firstname.lastname@example.org.
BrightDime may at any time, terminate its legal agreement with you:
BrightDime may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the BrightDime site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement, and your relationship with BrightDime under this Agreement, shall be governed by the laws of the State of North Carolina without regard to its conflict or choice of laws provisions. Any dispute with BrightDime, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of North Carolina, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case BrightDime may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, BrightDime is able to offer the Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with BrightDime, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if BrightDime does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BrightDime has the benefit of under any applicable law), this will not be taken to be a formal waiver of BrightDime’s rights and that those rights or remedies will still be available to BrightDime.
All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and BrightDime regarding the subject matter of the same, and supersedes all other previous agreements.