(Last revised June 1, 2021)
The following terms of use are a legal agreement (the "Agreement") between you ("you", "your", or "user") and LiftRocket LLC, its subsidiaries, affiliates, agents and assigns ("LiftRocket", "we", "us", or "our") that sets forth the terms and conditions for your use of LiftRocket's website located at [www.LiftRocket.com] and all affiliated websites (collectively, the "Site"), and/or the products and services offered, operated or made available by LiftRocket, including but not limited to its mobile applications (collectively, the "Services").
The Site and Services are owned and operated by LiftRocket. This Site and Services are being provided to you expressly subject to this Agreement. By accessing, browsing and/or using the Site or the Services, you acknowledge that you have read, understood, and agree to be bound by the Agreement of this Agreement and to comply with all applicable laws and regulations.
THIS AGREEMENT ALSO INCLUDES AMONG OTHER THINGS, A BINDING ARBITRATION PROVISION THAT CONTAINS A CLASS ACTION WAIVER. PLEASE REFER TO SECTION 18 BELOW FOR MORE INFORMATION.
Acceptance of Agreement
Please carefully review this Agreement before using this Site or Services or accessing any data thereon. This Agreement represents an agreement between you and LiftRocket, and contains the Agreement and conditions governing your use of and access to the Site and the Services. If you do not agree to this Agreement, you may not access or use the Site or the Services. Please print out a copy of the Agreement of use for your records.
Eligibility
To use the Site or the Services and to accept the Agreement:
To use the Services, you must also meet both of the following criteria:
Note: LiftRocket does not support joint Bank Accounts.
Modification of This Agreement
LiftRocket reserves the right to modify this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement on the Site periodically for changes. All changes shall be effective upon posting. We will date the Agreement with the last day of revision.
Your continued use of the Site or the Services after any change to this Agreement signifies your agreement to be bound by any such changes. LiftRocket may terminate, suspend, change, or restrict access to all or any part of this Site or the Services without notice or liability.
LiftRocket User Account Registration and User Information Updates
To access and use the Services, you must create an account (a "LiftRocket User Account") and complete the registration process. This process will require you to create a login ID and a password or personal identification number ("PIN").
When you sign up for the Services, you agree to provide truthful, accurate, current and complete information, such as your name, email address, and mobile phone number ("Account Information"). You further represent that you are a legal owner of, and that you are authorized to provide us with, all Account Information and other information necessary to facilitate your use of the Services.
You agree to update LiftRocket in the event that the Account Information provided by you changes, and LiftRocket will not be held liable for any errors or fees that occur as a result of outdated Account Information.
Should any of your Account Information change, you agree that you will update this information as soon as possible. To update your Account Information, you may go to the Profile section of the LiftRocket app, click on "Settings," and update your Account Information accordingly.
Should you believe or have reason to believe that any of your Account Information, including your email, phone number, and/or PIN, has been compromised, or that another person is accessing your LiftRocket User Account through some other means, you agree to notify us as soon as possible at member.services@LiftRocket.com.
Privacy Policy
Your privacy is important to LiftRocket. The company highly values and respects the privacy of the personal information we obtain from you when you use the Site or the Services. For details on how we handle and protect data, LiftRocket maintains a Privacy Policy. We reserve the right to update the Privacy Policy at our discretion, and that any changes made to our Privacy Policy are effective upon posting.
Third-Party Account Information
To use the Services, you must also direct LiftRocket to retrieve your account transaction history, balance information, and/or other information maintained by third-parties with which you have relationships, maintain accounts or engage in financial transactions ("Third-Party Account Information").
LiftRocket works with one or more third-party service providers, to access this Third-Party Account Information. By using the Services, you license and authorize LiftRocket to access this information maintained by identified third parties, on your behalf as your agent, and you expressly authorize such third parties to disclose your information to us. By agreeing to this Agreement, you are also agreeing that you are responsible for keeping your passwords and usernames for this Third-Party Account Information secure, and for keeping those passwords and usernames up to date in the Services.
You acknowledge that any Third-Party Account Information that is displayed through the Services will be the information we most recently accessed, and that this information may not reflect pending transactions or other recent activity.
LiftRocket's Services & Fees
7.1. Overview of LiftRocket's Services
LiftRocket offers Lifts to its users. A Lift is our way of providing fast funding to help LiftRocket members meet emergency financial needs. A Lift requires answering a few questions and hooking up a bank account. We encourage you to add a Booster to improve your chances of receiving a Lift and increasing the amount you can receive. A Booster agrees to help make payments on the requester’s Pay It Forward plan in the event the requester is unable to complete a payment.
7.2. Lift Features
A Lift is an advance of funds to meet a requester’s emergency financial needs. Lifts are disbursed after evaluation of information provided by the requester and the requester’s booster, including, but not limited to:
We ask requesters to pay an amount equal to the original advance plus fees (described below) through a payment schedule called a Pay It Forward plan. Payments are scheduled automatically through electronic payments from the requester’s bank account. Payments are currently collected on a bi-weekly basis (once every two weeks) on a regular schedule established by LiftRocket when Lifts are disbursed.
If the requester is unable to complete an automatic payment, LiftRocket may ask the booster to make the payment.
LiftRocket may allow boosters to complete their commitment to make payments on behalf of the requester after a defined period of successful consecutive payments from the requester. That period is currently six months.
LiftRocket may allow requesters to qualify for a larger Lift or a new Lift based on their record of completing Pay It Forward payments successfully.
7.3. Lift fees
Bi-weekly Pay It Forward payments include three components
| Balance repayment | return the original balance of your Lift in small, easy to manage pieces. | Dependent on the size of the Lift |
| Service fee | help to pay for LiftRocket’s operating expenses | Currently $3.00 per payment |
| Community contribution | Help us serve more members and fill gaps if members need extra help | Dependent on the size of the Lift |
You can find all of your Pay It Forward details, including payment amounts, on your Lift dashboard.
7.4. Credit and Debit Authorization For Pay It Forward payments
We require that requesters link a Bank Account or debit card (a "Payment Method") for payment of the Pay It Forward plan. We will automatically charge your Payment Method for the Pay It Forward amount every two weeks on a schedule established when your Lift is awarded. Automatic payments will continue until you complete your Pay It Forward plan or you pay your remaining Lift balance in full through one or more manual payments. Upcoming dates upon which you will be charged for subsequent Membership Fees will also be displayed in the app.
LiftRocket will do its best to collect the Pay It Forward payment when you have the funds available to pay it. If our attempt to collect the Pay It Forward payment is declined, LiftRocket reserves the right to try up to two (2) additional times, for a total of three (3) debit attempts. After the first decline, LiftRocket will inform you and provide an opportunity for you to initiate a manual payment. If you are unable to initiate and complete a manual payment, we will ask your booster to make the payment on your behalf.
LiftRocket monitors your balance and does its best effort to ensure you have sufficient funds before debiting your account, but the company makes no warranties that an overdraft will not occur.
We also require that boosters link a Bank Account or debit card (a "Payment Method") for payment of the Pay It Forward plan in the event a requester is unable to complete a payment. We will do our best to collect the Pay It Forward plan from the requester but if we are unable to do so, we will inform the booster and then charge the booster’s Payment Method for the uncollected amount.
You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse ("ACH") transactions as provided herein and will remain in full force and effect until you notify LiftRocket that you wish to revoke this authorization by emailing member.services@LiftRocket.com. You must notify LiftRocket at least three (3) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your LiftRocket User Account. Failure to provide correct and complete information may make it impossible for LiftRocket to stop withdrawal of the preauthorized withdrawal.
You agree to indemnify and hold harmless LiftRocket from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Bank Account or debit card if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify LiftRocket of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, LiftRocket will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so.
You warrant and represent to LiftRocket that you have the right to authorize us to charge and credit your Bank Account or debit card for payments due to us under this Agreement.
You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.
7.5. Credit reporting
LiftRocket does not currently report information about Lifts to credit reporting agencies.
7.6. LiftRocket's Recourse In the Event of Non-Payment
This Section sets forth the entirety of LiftRocket's recourse against requesters or boosters in the event that a Pay it Forward plan is not fully completed. Any other recourse or remedies claimed by LiftRocket, including but not limited to, indemnities, limitations on liability, and disclaimers of warranty described in this Agreement, do not apply to non-completion of a Pay It Forward plan.
LiftRocket warrants that it has no legal or contractual claim against requesters or boosters based on a failure to complete a Pay It Forward plan, but LiftRocket will suspend your access to the Services and eligibility for additional Lifts until you complete the Pay It Forward plan in full. With respect to a failure to complete the plan in full, LiftRocket warrants it will not engage in any debt collection activities, place the amount owed with or sell to a third party for the purpose of debt collection activities, or report you to a consumer reporting agency. LiftRocket does not waive any rights regarding fraudulent activity, and LiftRocket will pursue instances of fraud.
It is your responsibility to contact LiftRocket if you are unable to meet your Pay It Forward plan payment on the scheduled due-date. LiftRocket monitors your Bank Account balance before withdrawing the funds to ensure there are sufficient funds, but LiftRocket is not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in your Bank Account sufficient to make a Pay It Forward plan payment.
7.7. California Residents
LiftRocket is not currently licensed by the Department of Financial Protection and Innovation. If the Department does decide in the future to license LiftRocket, and/or require LiftRocket make modifications to this agreement, such developments may have no impact on your obligations under this agreement.
Although LiftRocket is not licensed by the Department, any consumer is invited to share any comment and concerns about LiftRocket or its product and practices with the Department of Financial Protection and Innovation at (866) 275-2677 (toll-free) or at the following URL: https://dfpi.ca.gov/file-a-complaint/.
Membership & Cash Rewards
LiftRocket may, from time to time, offer rewards programs. The specific terms of any such rewards program will be displayed to you through the Services. LiftRocket reserves the right to cancel, modify or terminate any rewards program at any time.
Termination
We, at our sole discretion, reserve the right to terminate this Agreement, terminate or suspend access to the Service, or terminate or suspend your LiftRocket User Account at any time for any reason. We will make reasonable efforts to notify you of any such suspension or termination unless we terminate your access in accordance with Section 10.2.
You may also terminate this Agreement by deactivating your LiftRocket User Account at any time by emailing member.services@LiftRocket.com. If we terminate this Agreement, terminate or suspend your access to the Services, or terminate or suspend your LiftRocket User Account, we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of our services, or for deletion of your information or account data.
Your Representations and Warranties
10.1. By using the Site or the Services, you represent and warrant all of the following:
10.2. Verification of Your Representations and Warranties.
By using the Services, you understand and agree that LiftRocket, through any identification verification methods it employs, may in its sole discretion, but is not required to, verify that any or all of your representations and warranties listed above are met. If you become aware of any violation or possible violation of your or another user's representations and warranties listed above, you will report it to LiftRocket. If LiftRocket becomes aware of any violation or possible violation of this Agreement, it may suspend and/or terminate your LiftRocket User Account with or without notice in its sole discretion.
Disclaimer of Warranties
The Site and the Services are provided on an "as is" and "as available" basis without warranties of any kind and does not guarantee that it will be free of defects. To the extent permitted by law, we disclaim all implied or statutory warranties of any kind relating to the Site or the Services, including, but not limited to, each prediction, and in no event shall LiftRocket or any of its officers, directors, shareholders, advisors, employees, agents, anyone acting on LiftRocket's behalf or affiliates be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages, arising out of or in connection with your use of the Service, including any such Prediction or non-Prediction, whether or not the damages are foreseeable and whether or not LiftRocket has been advised of the possibility of such damages.
If you are a California resident, you hereby waive California Civil Code section 1542 which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
No advice or information, whether oral or written, obtained by you from LiftRocket, shall create any warranty not expressly stated in this Agreement. If you choose to rely on such information, you do so solely at your own risk.
LiftRocket is Not a Financial Adviser
Before using the Services, you should consider obtaining additional information and advice from a financial adviser. LiftRocket is neither a financial adviser nor a financial planner. We do not make any representations, warranties, or guarantees of any kind that the Services are appropriate for you.
Prohibited Activities
You are solely responsible for compliance with all laws, rules, and regulations that may apply to your use of the Site or the Services. In connection with your use of the Site or the Services, you shall not, and shall not assist or enable any third party, to:
or
In the event you partake in any prohibited activities, you acknowledge and agree that LiftRocket has the right to and may, at its sole discretion and without notifying you, take legal and/or use other remedies including but not limited to suspending your LiftRocket User Account.
Intellectual Property Rights (IP Rights)
14.1. IP Rights: Content
With the exception of any third party materials, LiftRocket is the owner of all worldwide rights, titles and interests in: (a) the Site and the Services, including all content therein, all design, text, graphics, images, audio, video and other material, as well as the domain name, tagline, organization and use look-and-feel, related documentation, and all enhancements, derivatives, bug fixes or improvements to the Site and the Services; and (b) trade names, trademarks, and logos of LiftRocket ((a) and (b) collectively, the "Content"). You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content without LiftRocket's written consent. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you do not modify the Content and that you keep intact all copyright and other proprietary notices. You agree that you do not acquire any ownership rights in any downloaded Content. This permission terminates immediately if you breach this Agreement. You may not "mirror" any Content on the Site or in the Services without LiftRocket's express written permission. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes.
14.2. IP Rights: Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Site and in the Services are registered and unregistered Trademarks of LiftRocket. Other trademarks, service marks and trade names may be owned by others. Nothing on the Site or in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other LiftRocket intellectual property displayed on the Site or in the Services. The names "LiftRocket" and "Bridge IT, Inc." and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Site or in the Services, without prior written permission from LiftRocket.
Links to Third Parties and Third Party-Content
The Site or the Services may contain links or other content related to websites, advertisers, products and/or services offered by third parties. LiftRocket has no control and makes no representation with respect to any such links, content, websites, products or services or any information provided or transmitted via such links, websites, products or services, or otherwise provided by any such third party. You understand and agree that use of such links and use of any products or services from third parties is at your own risk. LiftRocket expressly disclaims, and user expressly releases LiftRocket from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages, arising from and/or in any way related to the use of such links or the use of any such products or services from third parties.
Limitation of Liability
Under no circumstances will LiftRocket, or any of its successors, parents, subsidiaries, affiliates, officers, directors, stockholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns (the "LiftRocket Parties") be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Site or the Services or the information contained on the Site or the Services, including for viruses alleged to have been obtained from the Site or the Services, even if LiftRocket has been advised of the possibility of such damages. In no event shall the LiftRocket Parties' total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise exceed the greater of (a) the amount of fees earned by us in connection with your use of the Services during the three (3) month period immediately preceding the event giving rise to the claim for liability, or (b) $100. Some jurisdictions may not allow the exclusion of implied warranties in which case some of the above exclusions may not apply to all users.
Indemnification
You agree to release, indemnify, defend and hold the LiftRocket Parties harmless from and against any and all claims, liabilities, losses, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, incurred by the LiftRocket Parties arising out of or relating to (a) your improper use of the Site or the Services; (b) your breach or alleged breach of this Agreement, the representations, warranties, and covenants you have made by agreeing to the Agreement of this Agreement, or applicable law; (c) your violation or alleged violation of any rights of a third party; or (d) any negligent acts, omissions, or willful misconduct by you. You shall cooperate as fully as reasonably required in the defense of any such claim. LiftRocket 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 without the prior written consent of LiftRocket. This indemnification, defense and hold harmless obligation will survive this Agreement and the termination of your use of the Site or the Services.
Dispute Resolution and Binding Arbitration
YOU HAVE READ THIS PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION AS PROVIDED IN SECTION 20.3 BELOW.
18.1. Election to Arbitrate
You and LiftRocket agree that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this section 20 (the "Arbitration Provision"), unless you opt out as provided in section 20.3 below. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us on the other hand, relating to or arising out of this Agreement, and/or the activities or relationships that involve, lead to, or result from this Agreement, such as the Site or the Services and including (except to the extent provided otherwise in the last sentence of Section 20.8 below) the validity or enforceability of this Arbitration Provision, any part thereof, or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter‐claims, cross-claims, third-party claims, or otherwise. Please note that you may continue to assert Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The scope of this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
18.2. Applicability of the Federal Arbitration Act; Arbitrator's Powers.
This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the "FAA"). The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
18.3. Opt-Out of Arbitration Provision.
You may opt out of this Arbitration Provision for all purposes by sending an arbitration opt out notice to member.services@LiftRocket.com, within 60 days of the date of your electronic acceptance of the Agreement of this Agreement. The opt out notice must clearly state that you are rejecting arbitration; identify the Agreement to which it applies by date; provide your name, address, and social security number; and be signed by you. You may send an opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. No other methods can be used to opt out of this Arbitration Provision. If the opt out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf.
18.4. Informal Dispute Resolution.
If a Claim arises, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. You agree that before filing any claim in arbitration, you may submit Claims by sending an email to member.services@LiftRocket.com at any time.
18.5. Arbitration Procedures.
The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or Judicial Alternatives and Mediation Services ("JAMS"). The arbitration shall be conducted according to, and the location of the arbitration shall be determined in accordance with, the rules and policies of the administrator selected, except to the extent the rules conflict with this Arbitration Provision or any countervailing law. If you have any questions concerning the AAA or would like to obtain a copy of the AAA arbitration rules, you may call 1(800) 778-7879 or visit the AAA's web site at: www.adr.org. If you have any questions concerning JAMS or would like to obtain a copy of the JAMS arbitration rules, you may call 1(800) 352-5267 or visit their web site at: www.jamsadr.com. In the case of a conflict between the rules and policies of the administrator and this Arbitration Provision, this Arbitration Provision shall control, subject to countervailing law, unless all parties to the arbitration consent to have the rules and policies of the administrator apply. The arbitration will be held in the United States county where you live or work, or any other location we agree to.
18.6. Arbitration Fees.
If we elect arbitration, we shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator's rules. We shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we pay them and we agree to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
18.7. Appeals.
Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator's rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the Federal Arbitration Act ("FAA"), and may be entered as a judgment in any court of competent jurisdiction.
18.8. No Class Actions.
NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (b) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this Section 20.8, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this Section 20.8 shall be determined exclusively by a court and not by the administrator or any arbitrator.
18.9. Survival and Severability of Arbitration Provision.
This Arbitration Provision shall survive the termination of this Agreement. If any portion of this Arbitration Provision other than section 20.8 is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If there is a final judicial determination that applicable law precludes enforcement of this Arbitration Provision's limitations as to a particular claim for relief or particular term, then that claim (and only that claim) or that term (and only that term) must be severed from the Arbitration Provision and may be brought in court. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in section 20.8 are finally adjudicated pursuant to the last sentence of section 20.8 to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
18.10. Judicial Forum for Claims.
Except as otherwise required by applicable law or governing loan agreement, in the event that this Arbitration Provision is found not to apply to you or your Claim, you and LiftRocket agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York, New York. Both you and LiftRocket consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.
18.11. WAIVER OF RIGHT TO LITIGATE.
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Governing Law and Venue
Except for Section 20 which is governed by the FAA, and the Credit Builder, this Agreement and all Claims are governed by the laws of the State of Connecticut, without regard to conflict-of-law rules.
Support and Feedback
Users may contact LiftRocket with regard to support for the Site or the Services by sending an email to member.services@LiftRocket.com. We welcome feedback, comments and suggestions for improvements to the Site or the Services ("Feedback"). You can submit Feedback by emailing us at member.services@LiftRocket.com. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Consent to Use Electronic Signatures and Electronic Communications
"Communications" means any and all agreements, communications, disclosures, notices, records, documents and/or other items that we provide to you, or that you consent or agree to at our request.
"Contacting Us" means emailing us at member.services@LiftRocket.com.
"Current Version" means a version of any particular software or application that is currently being supported by its publisher.
"Electronic Communications" means any and all Communications that we provide to you in electronic form, and/or any and all Communications that you consent or agree to in electronic form, including but not limited to by means of your Electronic Signature.
"Electronic Media" means the internet, a website, email, messaging services (including SMS and/or any other form of text messaging), software and/or applications (including applications for mobile devices, hand-held devices and/or other devices), and/or any other form of electronic media, whether existing now and/or that may exist in the future.
"Electronic Product or Service" means each and every product and/or service we offer that you apply for, use or access using any Electronic Media.
"Electronic Signature" means any means that is used to indicate Your consent and/or agreement by means of any Electronic Media, which may include, but is not limited to, clicking a button or checking a box on or taking any other action to indicate Your consent and/or agreement on or in any Electronic Media.
21.1. Electronic Signatures and Electronic Communications.
Subject to applicable law, you consent and agree:
21.2. Hardware and Software Requirements.
In order to access and retain our Electronic Communications, you need to have, and you represent and warrant to us that you do have, and you consent and agree that at all times you will have, all of the following: (1) a valid email address; (2) a computer, laptop, tablet, smartphone or other device that is Internet-enabled and is connected to the internet: (3) a web browser that includes 128-bit encryption, such as a Current Version of Chrome, Internet Explorer, Firefox or Safari, with cookies enabled; (4) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (5) a computer or device and an operating system capable of supporting all of the above; and (6) data storage to electronically save Communications or an installed printer to print them.
21.3. Withdrawal of Consent.
You may withdraw your consent to receive Electronic Communications by Contacting Us. Such withdrawal will be effective only after we have had a reasonable time period to process such withdrawal, and will not apply to Electronic Communications provided by us to you before the withdrawal of your consent becomes effective. If you withdraw your consent, then, except as may be expressly provided otherwise in this Agreement, (a) we will terminate your access to, and your ability to use, the Service, and (b) we will close any account that you may have with us and will return to you any balance that you may have therein.
21.4. Changes.
We reserve the right, in our sole discretion, (a) to communicate with you in paper form and/or (b) to discontinue to provide you with Electronic Communications, and/or (c) to terminate our Agreement and conditions with respect to Electronic Signatures and Electronic Communications. Subject to any applicable law, we may notify you of any such discontinuance, termination or LiftRocket by means of Electronic Communications, by updating this Agreement on the Site or the Services, or by delivering notice by email or text message, or by any other means of Electronic Communications that we may choose in our discretion.
21.5. Requesting Paper Copies.
You may request a paper copy of any Electronic Communication that we provided to you by Contacting Us. We will mail the paper copy to your mailing address that we have on file.
21.6. Contacting Us Regarding Electronic Signatures and Electronic Communications.
Please feel free to request information or ask questions regarding our policy on Electronic Signatures and Electronic Communications by Contacting Us.
SMS Messaging
When you provide us with your mobile phone number, you agree that LiftRocket and its affiliates may contact you at that number using autodialed or prerecorded message calls or text messages with service-related information such as alerts and transactional messages, or questions about the Site, Services or your LiftRocket User Account. We will not use autodialed or prerecorded SMS or texts to contact you for marketing or promotional purposes unless we receive your prior express written consent. You do not have to agree to receive marketing-related, autodialed or prerecorded SMS or texts in order to use and enjoy the Site or the Services. If you choose to receive marketing-related autodialed or prerecorded SMS or texts, you can later opt-out of such marketing-related messages in several ways, including through the Settings page of your LiftRocket User Account or by contacting us at member.services@LiftRocket.com. Standard telephone minute and text charges may apply to all SMS or text messages.
You certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else's. You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us. You agree to promptly alert us whenever you stop using a telephone number.
We may modify or terminate our SMS messaging services from time to time, for any reason, and without notice, including the right to terminate SMS messaging with or without notice, without liability to you.
Miscellaneous
23.1. Severability.
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.
23.2. Survival.
The following provisions of this Agreement shall survive termination of your use or access to the Site or the Services: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Dispute Resolution by Binding Arbitration, and Miscellaneous, and any other provision that by its terms survives termination of your use or access to the Site or the Services.
23.3. Entire Agreement.
This Agreement represents the entire understanding and agreement between you and LiftRocket regarding the subject matter of the same, and supersedes all other previous agreements.
23.4. Assignment.
You may not assign any rights hereunder without our prior written consent. LiftRocket may assign its rights or obligations pursuant to this Agreement. Nothing contained in this Agreement shall be construed to limit the actions or remedies available to LiftRocket with respect to any prohibited activity or conduct.
23.5. Waiver.
Non-enforcement of any term of this Agreement does not constitute consent or waiver, and LiftRocket reserves the right to enforce such term at its sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
23.6. No Joint Venture.
No joint venture, partnership, employment, or agency relationship exists between you and LiftRocket as a result of this Agreement or your use of the Site or the Services.
Contact Us
If you have any questions, comments, or concerns regarding the Agreement, please contact us at member.services@LiftRocket.com, or LiftRocket LLC, 1177 High Ridge Road, Stamford, CT 06905