Terms & Conditions
Last Updated: December 6th, 2016
Welcome to Long Game!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, WHICH APPLY TO YOUR USE OF OUR SERVICES. NOTE THAT SECTION 23 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS.
Hi there! We appreciate your interest in using the website, mobile applications and online services offered through Long Game Savings, Inc. (“Long Game”), including www.longgame.co (the “Service Website”), (collectively, the “Services”). (Long Game is referred to as “we,” “us” and “our.”). If you do not agree to these Terms of Service (“Terms”), including all terms incorporated by reference, you may not use the Services. Long Game offers the Services as a program manager and service provider to Blue Ridge Bank (“the Bank”). The Bank sponsors these Services, and we operate at the Bank’s direction and subject to its oversight and supervision. The Bank has authorized these Terms and, where so stated expressly, has agreed to be bound by them.
You and we agree as follows:
Consent to Receive Electronic Communications.
You consent to receive all notices, disclosures and other communications (“Communications”) from us electronically rather than in paper form, including any Communications about the Services and your account. You confirm you can access and receive Communications electronically. Unless otherwise specified in these Terms, we will provide Communications to you by emailing them to you at the email address associated with your profile. You may update your email address by logging into your profile. A Communication will be considered to be received by you upon our delivery.
Hardware and software requirements.
In order to access and retain Communications electronically, you need the following hardware and software: (a) an Internet-connected computer or mobile device; (b) access to the email address associated with your profile; (c) software capable of opening a PDF; (d) access to our Services (e.g., via the mobile app or the Service Website); (e) if you will access our Services via the Service Website, then a web browser which includes 128-bit encryption (such as Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled; and (f) sufficient data storage to save Communications electronically or a printer to print them.
Requesting paper copies; Withdrawing Consent. You may request a paper copy of a Communication that we provided to you electronically, or you may withdraw your consent to receive Communications electronically, by contacting us at [email protected]. We reserve the right to charge you a fee of $10 for each paper copy of a Communication. We also reserve the right to terminate your use of the Services if you decline or withdraw consent to receive electronic Communications.
Mobile Communications. You authorize us to send transactional or relationship calls or text messages that use an automatic telephone dialing system to any mobile phone number you provide via our Services. You are not required to provide this authorization as a condition of purchasing any goods or services. You may elect not to receive these forms of communications by emailing [email protected] and requesting to opt out from mobile communications.
Overview of Services
Our Services provide a convenient and fun way to help encourage you to build your personal wealth. In order to use the savings-related features provided via our Services, you must open a “White Label” account (a “Dwolla Account”) provided by Dwolla, Inc. (“Dwolla”). The Dwolla Account is used to transfer your funds from your own external account to a pooled account held at and by the Bank (the “Service Account”). Once the funds reach the Service Account, they are fully FDIC-insured. Funds are typically not held in your Dwolla Account for more than to three days and, while in the Dwolla Account, are not accessible to you. Our Services also encourage users to participate in savings-related activities, such as by offering promotions and sweepstakes that incentivize certain savings goals (see Section 7 below for more details). When it comes to building personal wealth, we’re playing the long game here and we hope you will too!
Subject to these Terms, including your compliance with any requirements in these Terms, Long Game grants you the right to use the Services for your personal, non-commercial use.
You must be a natural person 18 years of age or older to use our Services. You may only use the Services on behalf of yourself for personal and non-commercial purposes. You may not access the Services if (a) you have previously been suspended or removed from using the Services, (b) you are not a legal resident of the United States, or (c) your use of the Services breaches any other agreement to which you are a party.
- Profile Creation
In order to use the core features of our Services, you will need to register a profile via the Services and provide any information requested via the Services. If you create a profile, you must (a) provide accurate, current and complete registration information, (b) maintain and keep such information updated at all times, (c) not use a password for the Services that you use for any other website or online service, and not share your profile credentials with any third party, (d) keep your profile secure, and accept all risks of unauthorized access to your profile to the extent obtained through use of credentials under your possession or control or through a computer or device that you use to access the Services, and (e) immediately notify us if you discover or otherwise suspect any unauthorized access or use related to the Services or your profile.
- Linking an External Bank Account, Deposits, and Withdrawals
(a) When you set up your profile via the Services, you will need to link at least one external financial account (“External Account”) to your profile in order to utilize the savings-related features provided via the Services. You represent and warrant that you have the right to control any External Account you sign into via the Services. The integration service enabling you to sign into an External Account via the Services is provided by Plaid Technologies, Inc. (“Plaid”). You authorize Plaid, pursuant to your instructions, to access your External Account and link it to the account you create with Dwolla via the Services, as further described in Section 6 below.
(b) If during the course of linking your External Account your profile is flagged for review by our compliance systems, you may be asked to upload documentation supporting your identity. You agree only to upload documentation that is current, accurate, and belongs to you.
(c) You will be able to make six free withdrawals from your Service Account to your External Account quarterly. Any additional withdrawals during the calendar quarter may occur a $5 service fee.
(d) If we notice a pattern of deposits and withdrawals that we determine to be suspect, or not in the nature of building savings over time, we reserve the right to suspend access to the Services and to your funds in the Service Account until an investigation into account activity can be completed and to terminate your use of the Services.
(e) Deposits into your Service Account may take up to 1-3 business days to process. During that time the funds will be unavailable for withdrawal or other use.
- Dwolla Account and Service Account
(b) The Dwolla Account is not a bank account. Any funds in your Dwolla Account are held by Dwolla’s financial institution partners, Compass Bank or Veridian Credit Union, as specified in the Dwolla Terms. The funds are held in a “pooled” account, which means a pooled account in which your funds are commingled with the funds of other Dwolla account holders. Although you do not hold a separate account with Dwolla’s financial institution partners and, as a result, your funds may not be FDIC or NCUA-insured, your funds only reside in the Dwolla Account while in transit to or from the Service Account – typically a period of about one business day, and not more than three business days.
(d) Once your funds arrive in the Service Account, they are fully FDIC-insured. Your funds (whether in the Service Account or Dwolla Account) can only be accessed and managed through our Services. Long Game will provide first-tier customer support for the Services and both the Service Account and your Dwolla Account (which means contact Long Game first and it will interact with the Bank and Dwolla as necessary), and notifications of Service Account and Dwolla Account activity will be sent by Long Game, not Dwolla or the Bank. You You can reach Long Game with customer support questions at [email protected].
Long Game may from time to time administer, operate or run contests, sweepstakes, and other promotions (collectively, “Promotions“) via the Services, including to help incentivize savings-related activities. You agree to be bound by the Long Game General Rules (“General Rules”), which apply to all Promotions, and the specific official rules that may be applicable to any individual Promotion (the “Specific Rules”) when participating in any Promotion. The Specific Rules for the Daily Win Promotion are located here, and the Specific Rules for the Numbers Game Promotion are located here. You must read the General Rules and Specific Rules (collectively, “Official Rules”) for any Promotion, before you participate in such Promotion. Your participation in a Promotion constitutes your acceptance of the Official Rules and your agreement to be bound by the applicable Official Rules. In the event of any conflict or inconsistency between these Terms and the Official Rules for a Promotion, these Terms will control.
- Modifications to the Services
We reserve the right, in our sole discretion, to modify the Services (or any features or functionality of the Services) at any time without notice and without obligation or liability to you.
- Repeat Infringer Policy; Copyright Complaints
(a) We have a policy of limiting access to the Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify our designated agent as follows:
Name of Designated Agent: Long Game Copyright Agent
Address: 604 Mission Street, 4th Floor, San Francisco, CA 94105
Phone: (929) 244-9987
Email: [email protected]
(b) Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.
The Long Game logo, any other Long Game service names, logos or slogans that may appear on the Services, and the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are trademarks, service marks or trade dress of Long Game and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without our or the applicable trademark holder’s prior written permission. You may not use any metatags or other “hidden text” utilizing any name, trademark or product or service name of Long Game without our prior written permission. Further, you may not use, frame or utilize framing techniques to enclose any Long Game trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout or design of any page, or form contained on a page, on the Services without our express written consent.
- Third-Party Content
We may display third-party content, advertisements, links, promotions, logos and other materials on or through the Services (collectively, “Third-Party Content”). We do not control, endorse, sponsor or adopt any Third-Party Content or any third parties referenced on the Services, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. Your interactions with Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties, and we are not responsible or liable in any manner for such interactions or Third-Party Content. When you leave the Services and enter a third-party site or service, these Terms no longer apply.
- User Conduct
The Services are provided for the purpose of facilitating savings. You must comply with all applicable laws in connection with your use of the Services, and you are solely responsible for your conduct while using the Services. Further, you will not:
- engage in conduct that is harassing, threatening, intimidating, or stalking, or that we otherwise deem objectionable;
- use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services or do anything that might discover the source code of the Services (except to the extent such restriction is prohibited by applicable law);
- violate, infringe or misappropriate any intellectual property right, or other third-party right, or commit a tort;
- reproduce (other than standard website page caching), create derivative works of, publicly perform, publicly display, distribute, sell, rent, lease, timeshare or otherwise commercially exploit the Services, in whole or in part;
- attempt to bypass or circumvent measures employed to prevent or limit access to any content, area or functionality on the Services;
- develop any third-party applications that interact with the Services without our prior written consent;
- use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or otherwise interfere with or modify the rendering of Services pages or functionality;
- bypass or ignore instructions contained in our robots.txt file that controls automated access to the Services;
- use the Services to make withdrawals and deposits solely or principally for purposes of participating in Promotions or otherwise not for its intended purpose; or
- use the Services to engage in or promote any other activity that violates these Terms.
- User Content
(a) The Services may include areas that allow users to create, post, upload, share or store content, including, but not limited to, photos, videos, sound, text, graphics, code, items or other information and materials (collectively, “User Content”).
(b) You are solely responsible for any of your User Content and for your use of any interactive features and areas of the Services, and you represent and warrant that you own all intellectual property rights (or have obtained all necessary rights) to provide your User Content via the Services and to grant us the license under Section 14.
(c) You will not create, post, share or store User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, sexually suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate or infringe the rights of any party (including intellectual property rights or rights of publicity or privacy), otherwise create liability or violate any local, state, national or international law;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- contains personally identifiable information about any person with that person’s consent;
- impersonates, or misrepresents your affiliation with, any person or entity (including Long Game, the Bank or Dwolla);
- references or depicts Long Game, the Bank or Dwolla or our Services but fails to disclose any material connection to us that may exist;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose us or others to any harm or liability of any type.
(d) We do not own, control or endorse any User Content that is transmitted, stored, or processed via the Services. We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Services at any time and for any reason. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
- Rights in User Content
You grant Long Game a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and fully sublicenseable right to use, reproduce, create derivative works of, distribute, publicly perform and publicly display all User Content on the Services, our other online services, on third-party sites and online services, and in all other media or formats, whether now known or hereafter developed, for any purpose.
- Amendment of these Terms
We reserve the right to change the terms of these Terms from time to time in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by posting the revised Terms to the Service Websites and mobile apps and updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Services.
- Termination or Suspension
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate these Terms or suspend your right to access the Services. You may terminate these Terms upon notice to us at [email protected]. Upon termination, you must immediately pay all fees payable to Long Game under these Terms.
You may submit questions, comments, suggestions, ideas, original or creative materials or other information about Long Game or the Services to us (collectively, “Feedback”). Feedback is non-confidential and will become the sole property of Long Game. Long Game will own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Proprietary Rights
The Services, including all text, videos, images, data, software, or other files, content and materials contained on the Services, are the proprietary property of Long Game, the Bank, Dwolla or any of their licensors. Nothing in these Terms will be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Long Game or any third party, whether by estoppel, implication or otherwise.
(a) To the fullest extent permitted by applicable law, you will indemnify and hold harmless Long Game and each of our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (the “Indemnified Parties”) from and against all claims, damages, costs and expenses (including attorneys’ fees) that arise from or relate to: (i) your access to or use of our Services (including you participation in a Promotion); (ii) your User Content; (iii) any Feedback you provide; or (iv) your violation of these Terms, including all terms incorporated by reference.
(b) This indemnity obligation includes paying for the Indemnified Parties’ attorneys’ fees and other costs of investigating and defending claims, and the costs of enforcing the indemnity obligation. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Long Game.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (A) THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AS TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND (B) WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
- Limitation of Liability
(A) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) IN NO EVENT WILL LONG GAME OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING RELATED TO LOSS OF REVENUE, INCOME OR PROFITS, OR LOSS OF USE OR DATA) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE); AND (II) IN NO EVENT WILL THE AGGREGATE LIABILITY OF LONG GAME AND THE INDEMNIFIED PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED THE GREATER OF ANY COMPENSATION YOU PAY TO US FOR USE OF THE SERVICES OR $100 USD.
(B) THE LIMITATIONS SET FORTH IN SECTION 21(A) WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR RECKLESS OR INTENTIONAL MISCONDUCT OF LONG GAME OR THE OTHER LONG GAME PARTIES.
To the fullest extent permitted by applicable law, you release Long Game and the other Indemnified Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
- Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration
Except as specified in Section 23.2, for any disputes, claims, suits, actions, causes of action, demands or proceedings between you and us or you and the Bank (or both) arising out of relating to the Services (including the Service Account and Dwolla Account) or these Terms (collectively, “Disputes”), you, we and the Bank agree to (a) waive your and our (or the Bank’s) respective rights to have any and all Disputes arising from or related to these Terms or the Services resolved in a court, and (b) waive your and our (or the Bank’s) respective rights to a jury trial. Instead, you and we (and the Bank, as applicable) will arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
Section 23.1 will not apply to any Dispute in which either party (i) seeks to bring an individual action in small claims court, (ii) seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, or (iii) seeks temporary injunctive or equitable relief until an arbitrator can be empaneled and determine whether to continue, terminate or modify such relief. Any claim pursuant to clauses (ii) or (iii) of this provision or to appeal or seek enforcement of any arbitration award issued pursuant to Section 23.1 must be brought exclusively in the state or federal courts located in San Francisco County, California. You may also litigate a Dispute in the small claims court located in the county where you reside if the Dispute meets the requirements to be heard in small claims court.
- No Class Arbitrations, Class Actions or Representative Actions
ANY DISPUTE IS PERSONAL TO YOU AND US (OR THE BANK, IF APPLICABLE) AND WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING. THERE WILL BE NO CLASS ARBITRATION OR ARBITRATION IN WHICH AN INDIVIDUAL ATTEMPTS TO RESOLVE A DISPUTE AS A REPRESENTATIVE OF ANOTHER INDIVIDUAL OR GROUP OF INDIVIDUALS. FURTHER, A DISPUTE CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER INDIVIDUAL OR GROUP OF INDIVIDUALS.
- Federal Arbitration Act
These Terms affect interstate commerce and that the enforceability of this Section 22 will be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
- Notice; Informal Dispute Resolution
Each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Long Game will be sent by e-mail to Long Game at [email protected] Notice to you will be by email to the then-current email address in your account. Your notice must include (a) your name, postal address, email address and telephone number, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. If you and Long Game cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Long Game may, as appropriate and in accordance with this Section 23, commence an arbitration proceeding or, to the extent specifically provided for in Section 23.2, file a claim in court.
Any arbitration will occur in San Francisco, California. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference.
- Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
- Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
- Governing Law
THESE TERMS AND YOUR ACCESS TO AND USE OF THE SERVICES WILL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OR CHOICE OF LAW RULES OR PRINCIPLES (WHETHER OF THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION.
- General Terms
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. All defined terms and Sections 18 through 25 of these Terms will survive the expiration or termination of these Terms. We will not be liable for any delay or failure to perform under these Terms where the delay or failure results from any cause beyond our reasonable control. These Terms constitute the entire agreement between you and Long Game relating to your access to and use of our Services.