User Agreement

From time to time, Karrikin may automatically check the version of the Mobile App installed on the Authorized Device and, if applicable, provide updates for the BrightFi Mobile App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Mobile App. By installing the Mobile App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if you do not receive automatic Updates. Your use of the Mobile App and Updates will be governed by this User Agreement (as amended by any terms and conditions that may be provided with Updates). Karrikin reserves the right to temporarily disable or permanently discontinue any and all functionality of the BrightFi Mobile App at any time without notice and with no liability to you.

You must be at least eighteen (18) years old to use the Services. By agreeing to this User Agreement you represent and warrant to us: (i) that you are at least eighteen (18) years old; (ii) that you have not previously been suspended, removed or deactivated from the Services; (iii) that you are a legal resident of the United States; and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

a.  Account Creation. In order to use the Services, you must create an account (a “BrightFi Account”) with Karrikin. You agree that the information you provide with registration and at all other times, will be true, accurate, current, and complete, and that you will always keep this information accurate and up to date.  You agree not to disclose your BrightFi Account username or password to anyone else.  Your responsibility for unauthorized transactions as set forth in the BrightFi Prepaid Visa Debit Cardholder Agreement. You must notify us immediately if you believe your password has been compromised. Please refer to the BrightFi Prepaid Visa Debit Cardholder Agreement, section labeled “Your Liability for Unauthorized Transfers” for further information.

‍b.  Identity Verification.You hereby authorize Karrikin, directly or through third parties, to make anyinquiries we consider necessary to validate your identity and/or authenticateyour identity and Account information.

c.  Limitations on User Accounts. You may not create more than one (1) BrightFi Account. Please read the BrightFi Prepaid Visa Debit Cardholder Agreement for more details about our products and services. Your use of the Services is subject to the terms of the BrightFi Prepaid Visa Debit Cardholder Agreement.

The Services, including our website, may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties’ services or websites.

Karrikin does not claim ownership of the content that you provide, upload, submit or send to Karrikin through the Services or otherwise. You understand and agree that you are responsible for all material you provide, upload, submit or send to or through the Services. When you provide content to Karrikin through the Services or otherwise, you grant Karrikin (and parties that we work with) a non-exclusive, irrevocable, royalty-free, transferable, and worldwide license to use your content and associated intellectual property and publicity rights in any manner and for any purpose, including to improve the Services and create other products and services. Karrikin will not compensate you for any of your content. You acknowledge that Karrikin’s use of your content will not infringe any intellectual property or publicity rights. Further, you acknowledge and warrant that you own or otherwise control all the rights of the content you provide, and you agree to waive your moral rights and promise not to assert such rights against Karrikin.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Karrikin and its affiliates an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

BY USING THE SERVICES, YOU AGREE NOT TO:
(a)  breach this User Agreement or any other agreement between you and Karrikin or violate any Karrikin policy related to your BrightFi Account;
(b)  access or use any part of the Services for any non-personal, commercial purpose;
(c)  access or use the Services for any illegal purpose or violate any law, statute, ordinance, or regulation;
(d)  attempt to gain unauthorized access to any other user’s Account;
(e)  modify or attempt to modify or in any way tamper with, circumvent, disable, damage or otherwise interfere with the Services;
(f)  access or use the Services in a way that may infringe upon the intellectual property or other rights of any third party, including, without limitation, trademark, copyright, privacy, or publicity rights;
(g)  provide false, inaccurate or misleading information;
(h)  reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof (including any Mobile App), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(i)  modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent the foregoing restriction is expressly prohibited by applicable law;
(j)  copy, distribute, transfer, sell or license all or part of the Services;
(k)  transfer the Mobile App to, or use the Mobile App on, a device other than the Authorized Device;
(l)  intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(m)  take any action to circumvent, compromise or defeat any security measures implemented in the Services;
(n)  use the Services to access, copy, transfer, retransmit or transcode information, Karrikin or BrightFi logos, marks, names or designs or any other content in violation of any law or third party rights; or
(o)  remove, obscure, or alter Karrikin or BrightFi (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Services.

Karrikin reserves the right, in its sole discretion, at any time to modify, augment, limit, suspend, discontinue or terminate any or all Services without advance notice. Karrikin may, from time to time, modify the User Agreement. Please check this User Agreement periodically for changes. Your continued use of the Services after the changes become effective constitutes your binding acceptance of such changes. In the event that a change to this User Agreement materially modifies your rights or obligations, we will make an effort to notify you of the change, such as by sending you an email to the address we have on file for you, or presenting a pop-up window or other notification to you through the Services when you login,  a message or notification through the Mobile App to your registered device,  and we may require that you accept the modified User Agreement in order to continue to use the Services. Immaterial modifications are effective upon publication, and material changes will be effective upon the earlier of (a) continued use of the Services with actual knowledge of the modification, or (b) thirty (30) days following the change. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the User Agreement in effect that the time the dispute arose. You can determine when this User Agreement was last revised by referring to the “LAST UPDATED” legend at the top of then-current version of this User Agreement.

This User Agreement is effective beginning when you accept the User Agreement or first download, install, access, or use the Services, and ends when terminated as described in Termination Section.

(a)  Termination by Karrikin. Without limiting other remedies, Karrikin may immediately terminate or suspend your access to and/or use of the Services and remove, subject to any regulatory retention requirements, any material from the Services or our servers, if you breach or attempt to breach this User Agreement. Notwithstanding the foregoing,we also reserve the right to terminate, limit or suspend your access to or use of the Services at any time and for any reason or no reason, including: (i) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of Karrikin or any third party; or (ii) in connection with any general discontinuation of the Services. We also reserve the right to modify the Services at any time without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or revocation of your access to or use of the Services.

(b)  Termination by You. You may terminate acceptance of this User Agreement at any time by closing your BrightFi Account whereupon (and without additional notice from Karrikin) any rights granted to you herein will automatically terminate.

Upon termination of this User Agreement, you understand and acknowledge that we will have no further obligation to provide or allow access to the Services. Upon termination, all licenses and other rights granted to you by this User Agreement will immediately cease. Karrikin is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION THAT YOU HAVE SUBMITTED, UPLOADED OR OTHERWISE MADE AVAILABLE ON, TO OR THROUGH THE SERVICES OR THAT WHICH IS RELATED TO YOUR BRIGHTFI ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, except as may be required by applicable law or as provided in our Privacy Policy, Karrikin will have no obligation to store or maintain (or delete or destroy) any information stored in our database or to forward any information to you or any third party.

You hereby acknowledge that Karrikin owns all rights, title and interest in and to the Services and to any and all proprietary and confidential information contained therein (“Karrikin Information”). The Services and Karrikin Information, including visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, look-and-feel, and all other elements of the Services, are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

(a) Karrikin respects the intellectual property rights of others and expects you to do the same. Accordingly, we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or through the Services infringe your copyright, you may request removal of those materials(or access to them) from the Services by submitting written notification to our Copyright Agent (designated below).

(b) In accordance with the Digital Millennium Copyright Act of 1998, (17 U.S.C. §512) (“DMCA”) the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, the written notice (the “DMCA Notice”) must include substantially the following:

(i)  your full legal name, telephone number, and email address
(ii)  and physical or electronic signature
(iii)  identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works
(iv)  identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
(v)  a statement by that you have a good faith belief that the disputed use has not been authorized by the copyright owner, its agent, or the law
(vi)  a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf, and
(vii)  your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf.

(c) Our designated Copyright Agent to receive DMCA Notice is service@mybrightfi.com.

(d) If you fail to comply with all the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

To the fullest extent permitted by law, you agree to indemnify, defend and hold Karrikin and all of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties arising out of or relating to (i) your access to, use of or alleged use of the Services; (ii) your violation of this User Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You shall cooperate as fully as reasonably required in the defense of any such claim. Karrikin reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree not to settle any matter subject to indemnification by you without our prior written consent.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. EXCEPT AS REQUIRED BY LAW, Karrikin DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND REGARDING THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. Specifically, but without limitation, Karrikin does not warrant that: (1) the information provided in, or that may be obtained from use of, the services will meet your requirements or be correct, accurate, up-to-date, or reliable; (2) the services will be uninterrupted or error-free; (3) the quality of any products, services,information or other material purchased by or obtained by you through the services will meet your expectations; or (4) any errors in the technology will be corrected. You assume all risk for all damages, including damage to your computer system, mobile device or loss of data that may result from your use of or access to the service. You hereby acknowledge that use of the services is at your sole risk.

To the maximum extent permitted by applicable law, neither the indemnified parties nor any other party involved in creating, producing, operating or delivering the services will be liable for any incidental, special, consequential or punitive damages, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the indemnified parties have been informed of the possibility of such damage where such damages result from: (i) your access to or use of, or inability to access or use, the services, or (ii) any purchase of a third party product or service based on information contained in the  Services, including the availability of a coupon. You specifically acknowledge that the indemnified parties are not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, the indemnified parties will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the service.

Some jurisdictions do not allow the limitation or exclusion of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.

Each provision of this user agreement that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under this user agreement. This allocation is an essential element of the basis of the bargain between the parties. Each provision providing for limitation of liability, disclaimer of warranties, or exclusion of damages is severable and independent of all other provisions of this user agreement. The limitations in this section entitled “limitation of liability” will apply even if any limited remedy fails of its essential purpose.

This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party.

(a) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or any of our agents, arising from or relating to this User Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this User Agreement, including the validity, enforceability or scope of this Arbitration Provision or the User Agreement. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your BrightFi Account, (ii) this User Agreement or (iii) your use of the Services. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court.              

(b) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website atwww.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

(c) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE“CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION, EXCEPT AS SET FORTH BELOW. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

(d) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.  This section of this Arbitration Provision is the “Class Action Waiver.”

‍(e) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.

(f) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 20 days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However,any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have 30 days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding.

(g) Public Injunctive Relief: If a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver and/or elsewhere in this Arbitration Provision prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated.  In such a case the parties will request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.  In no event will a Claim for public injunctive relief be arbitrated.

(h) No Preclusive Effect: No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this Arbitration Provision.

(i) Continuation: This Arbitration Provision shall survive termination of this User Agreement or any other agreement between you and us (including but not limited to the Deposit Agreement, Electronic Communications Agreement, and Cardholder Agreement). If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

This User Agreement, together with the Account Agreement, Cardholder Agreement, Electronic Communication Agreement, Privacy Policy and any other agreements expressly incorporated by reference herein,constitute the entire and exclusive understanding and agreement between you and us regarding your use of and access to the Services. You may not assign or transfer this User Agreement or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this User Agreement or any of our rights or obligations under this User Agreement at any time without notice, subject to applicable law. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this User Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in this User Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions. If any part of this User Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

In the event of termination of this User Agreement or the Services, the terms in this User Agreement that by their nature are continuing shall survive such termination, including but not limited to the indemnification and hold harmless obligations, disclaimers and limitations of liabilities, and the Arbitration Provision.

If you have any questions regarding Karrikin, your BrightFi Account, the Services, or this User Agreement please email us at service@mybrightfi.com.