Halo Terms of Service

Last Updated on July 19, 2019

 

Welcome to Halo – an ecosystem of trust and a social lending marketplace that connects willing Backers and Borrowers.

These Terms of Use (“Terms”) govern your access and use of our website at https://www.thehaloapp.com/ along with The Halo App mobile application, and any other mobile or web applications provided by Halo, including any all related documentation, that link to or reference these Terms (collectively, the “Halo Application”). Our “Services” consist of any features, products, or services provided or otherwise made available on or through the Halo Application, which matches Borrowers and Backers (as defined below) through a social lending marketplace. These Terms are a binding legal agreement between you or the entity you represent (“you” or “your”) and Halo Lending Company (“Halo”, “we”, “us”, or “our”), a Delaware corporation with its offices at 350 Massachusetts Avenue, Suite 300, Indianapolis, IN 46204.

These Terms are to ensure that you will use the Halo Application and Services

only in the ways in which Halo intends it to be used, and to make clear what

uses Halo will not permit or will not be responsible for.

These Terms refer to our Privacy Policy (“Privacy Policy”), hereby incorporated by reference, that applies to your use of the Halo Application and Services and sets out the terms about how we collect, process, use, and disclose or share any personal data or information about or from you. Please be aware that these Terms include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions. Please see Section 13 below.

Please read these Terms carefully as they may have changed. Though your access and use of the Halo Application and Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our sole discretion. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Halo Application prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made.

By browsing, accessing, or using the Halo Application or Services:

  • You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms; 

  • If these Terms have materially changed since you last access or used the Halo Application or Services, you acknowledge and agree that your continued access or use of the Halo Application or Services constitutes your acceptance of the changed Terms;

  • You represent and warrant that you are at least 18 years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent;

  • You certify, represent and warrant that the information provided in connection with account registration or Your use of the Services is, to the best of your knowledge, complete and accurate; and

  • You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing. 

 

1.      ​Using the Halo Application and Service

 

We grant you permission to access and use the Halo Application and Services subject to the obligations, conditions, and restrictions set out in these Terms. Your use of the Halo Application and Services is at your own risk. You are responsible for making all arrangements necessary for you to access the Halo Application. In these Terms, a “User” is anyone (including you and any Registered User) who browses, accesses, or in any way uses our website, Halo Application or Services.

 

2.      ​Account Registration and Account Security

 

Some or all of the Halo Application and Services may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself, such as your full name and email address (“Personal Data”). Personal Data will be collected and used in accordance with our privacy practices detailed in our Privacy Policy

It is a condition of your use of the Halo Application and Services that any Personal Data or information you submit to or provide through the Halo Application and Services is correct, current, and complete. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal data or information for purposes of account registration other than your own. 

You understand that you alone are responsible for any Personal Data or information you provide through the Halo Application or Services. You assume all risks associated with your Personal Data or information, including anyone’s reliance on its quality, accuracy, reliability, and appropriateness. 

Third-Party Service Login  You may also register for an account using different access credentials. If you register or log in to the Halo Application and connect to our Services using access credentials of a social networking site such as Facebook, you authorize us to collect your authentication information, including your name, e-mail address, and location. You understand and agree that the collection and use of such information by the respective social networking site is governed by its privacy policy, and the use of such information by Halo is governed by our Privacy Policy.

Registered Users  Once you have an account on the Halo Application, you are a “Registered User” of our Halo Application and Services. As a Registered User, you are responsible for all activities that occur in connection with your account. 

You will treat as confidential your account access credentials and will not disclose it to any third-party. You agree to immediately notify Halo if you have any reason to believe that your account credentials have been compromised, or if there is any unauthorized use of your account or password or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park, café, or public library so that others are not able to view or record your access credentials, Personal Data or other account information. 

In order to ensure we can protect and properly administer the Halo Application, our Services and our community of Registered Users, we have the right to disable or close any Registered User account at any time and for any reason or for no reason.

Specific User Terms for Borrowers and Backers  In order to use the payment functionality of the Halo Application, you must open a “Dwolla Platform” account provided by Dwolla, Inc. and you must accept the ​Dwolla Terms of Service​ and ​Privacy Policy​. Any funds held in the Dwolla account are held by Dwolla's financial institution partners as set out in the ​Dwolla Terms of Service​. You authorize us to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Halo Application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla account activity, and can be reached at contact@thehaloapp.com

The terms, including repayment timeline and the loan amount, of a social loan made through the Halo Application are negotiated between the Borrower and Backer. This section provides additional terms specific to Borrowers and Backers, respectively. More information is available in our Frequently Asked Questions (FAQ).

  • The following terms apply to Registered Users who use the Halo Application or Services for the purposes of borrowing through the Halo Application and Services from a Backer (each, a “Borrower”):

    • By using the Halo Application or Services and requesting a loan from a Backer through the Services, you, as a Borrower, acknowledge and agree that: 

      1. Halo makes no representation, warranty or guarantees that any loans you request from a Backer through the Halo Application will be fulfilled in whole or in part, and 

      2. distributions of amounts through the Halo Application may be delayed or will not be sent if the Backer has insufficient funds or the funds are not otherwise available.

    • As a Borrower, you may request between $100 and $300 for your first loan. Upon successful repayment of your initial loan to the respective Backer, you may request up to $1000 for future loans.

    • Halo will automatically deduct the loan payment amount agreed upon between you, the Borrower, and a Backer in bi-weekly, installments from your linked checking account. Halo will debit the amount owed from the same bank account where the respective loan facilitation initially occurred. Halo will use its best efforts to send you a text or email notifications to remind you of your upcoming withdrawal if you consent to such communication.

    • In the event any payment facilitator or similar service provider charges Halo with any fees or charges (such as overdraft or insufficient funds fees), Halo may recover such incurred amounts from the Borrower in addition to any other amounts owed by Borrower.

    • You may repay the loan early in one payment via the “Pay Now” option with no pre-payment fees or penalties.

    The following terms apply to Registered Users who use the Halo Application or Services for the purposes of providing a loan to a Borrower through the Halo Application and Services (each, a “Backer”):

    • By using the Halo Application or Services and lending to a Borrower through the Services, you (as a Backer) acknowledge and agree that:

      1. Halo makes no representation, warranty or guarantees that any loans you make to a Borrower through the Halo Application will be repaid in whole or in part, and 

      2. loans and similar transactions made through the Halo Application are unsecured and bear a risk of non-repayment.

Halo is not responsible for your interactions with a Backer or Borrower, as applicable. Halo reserves the right, but has no obligation, to monitor disputes between you and another Registered User.

3.      ​Prohibited Uses and Conduct

​​

You may use the Halo Application and Services only for lawful purposes and in accordance with these Terms. 

We are under no obligation to enforce the Terms on your behalf against another User. We strongly encourage you to let us know if you believe another user has violated these Terms or has engaged in prohibited or illegal conduct.

You agree not to use, and will not assist, encourage, or enable others to use, the Halo Application or our Services:

  • For any commercial purpose, except as expressly permitted under these Terms.

  • To violate any applicable national, regional, federal, state, local, or international law or regulation.

  • To transmit, or procure the sending of, any advertising or promotional material.

  • To threaten, stalk, harm, or harass others, or to promote bigotry or discrimination.

  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Halo Application or Services, or which, as determined by us, may harm Halo or Users of the Halo Application or Services or expose them to liability.

  • To submit, display, transmit, upload, download, use, or reuse any material or information which:

    • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

    • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;

    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms or our Privacy Policy;

    • Be likely to deceive or confuse any person; or

    • Promotes or assists in any illegal activity.

Additionally, you agree not to, and will not assist, encourage, or enable others to:

  • Violate these Terms;

  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Halo Application, Services or Application Information, except as expressly authorized by Halo;

  • Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Halo Application or Services or on any materials printed or copied from the Halo Application or Services;

  • Access, retrieve, or index any portion of the Halo Application or Services for purposes of constructing or populating a searchable database;

  • Reformat or frame any portion of the Halo Application or Services;

  • Use the Halo Application or Services in any manner that could, in Halo’ sole discretion, disable, overburden, damage, or impair the Halo Application or Services or interfere with any User’s or other party’s use of the Halo Application or Services, including their ability to engage in real time activities through the Halo Application and Services;

  • Use any robot, spider, or other automatic devices, process, or means to access the Halo Application and Services for any purpose, including to monitor or copy any of the Application Information;

  • Use any manual process to monitor or copy any of the material on the Halo Application or Services, or for any other unauthorized purpose without Halo’s prior written consent;

  • Use any device, software, or routine that interferes with the proper working of the Halo Application or Services;

  • Use the Halo Application, Services or any Application Information to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature; 

  • Use the Halo Application or Services to violate the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to, the Halo Application, Services or Application Information;

  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Halo Application or Services, features that prevent or restrict the use or copying of Application Information, or features that enforce limitations on the use of the Halo Application or Services;

  • Reverse engineer any portion of the Halo Application or Services;

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Halo Application or Services, the server on which the Halo Application and Services are stored, or any server, computer, or database connected to the Halo Application or Services;

  • Attack the Halo Application or Services via a denial-of-service attack or a distributed denial-of-service attack; or

  • Otherwise, attempt to interfere with the proper working of the Halo Application or Services.

 

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to commit or engage in any of the above-prohibited conduct or activities even if permissible under applicable law, without providing at least 30 days’ prior written notice to us at contact@thehaloapp.com. When providing this notice, you must provide us with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

4.      ​Application Information

Definitions

          “Your Information” means certain Personal Data, text, and other forms of data or communication that you submit or transmit to, through or in connection with the Halo Application or Services that you publicly display or that is displayed in your account profile.

 

          “User Information” means certain information, text, location data, and other forms of communication that a User submits or transmits to, through or in connection with the Halo Application or Services.

          “Halo Information” means text, images, audio, video and any other form of data or communication that we create and officially make available or provide in connection with the Halo Application or Services.

          “Third-Party Information” means text, images, audio, video and any other form of data or communication that originates from parties other than Halo, which is made available in connection with the Halo Application or Services.

          “Application Information” means all text, images, audio, video and any other form of data or communication that is made available in connection with the Halo Application or Services, including Your Information, User Information, Halo Information and Third-Party Information.

Responsibility for Your Information and User Information

You understand that you alone are responsible for Your Information.  You solely assume all risks associated with Your Information, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Information that makes you or anyone else personally identifiable. You represent and warrant that Your Information does not violate Section 4 of these Terms.

We are not responsible for any User Information or Third-Party Information and are not liable to any User or third-party for the content or accuracy of any materials posted by you or any other User of the Halo Application or Services. You understand that you may be exposed to information from a variety of sources when using the Halo Application. Halo is not responsible for information from other sources and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to that information. Any User Information or Third-Party Information is solely the responsibility of the person or entity submitting such information. 

We cannot review everything that is posted to the Halo Application or Services in advance. Any content or opinions uploaded, expressed, or submitted to the Halo Application or Services, and all Application Information other than the information officially provided by Halo, are solely the opinions and the responsibility of the person or entity submitting or providing them and do not necessarily reflect the opinion of Halo. We do not endorse any information submitted to the Halo Application or Services by any User or other licensors, or any opinion, recommendation, or advice expressed in such information. We expressly disclaim any and all liability in connection with Application Information. 

Right to Use Your Information

You hereby irrevocably grant us a worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Information in connection with providing the Halo Application and Services. Please note that you also irrevocably grant Registered Users of the Halo Application or Services the right to access Your Information in connection with their use of Halo Application or Services.

 

Ownership

We own all Halo Information, including any proprietary and intellectual property rights of every kind throughout the world, registered or unregistered, associated with Halo Information, the Halo Application and our Services, such as patents, patent applications, copyrights, copyrightable works of expression, trademarks, service marks, trade names, rights of publicity and privacy, moral rights, know-how, trade secrets, software and database rights (“IP Rights”), any and all applications, registrations, renewals, or derivatives in connection with the foregoing IP rights, all rights to obtain, register, perfect and enforce these IP rights throughout the world, and any and all actions and rights to sue at law or in equity for any past or future infringement or other impairment of the foregoing IP rights. 

You may not use, practice, sell, make, offer for sale, have made, import, modify, reproduce, distribute, perform, create derivative works or adaptations of, publicly display, or in any way exploit any of the Halo Information in whole or in part except as expressly authorized by us. Except as expressly provided in these Terms, we do not grant you any express or implied rights to Halo Information, the Halo Application or our Services, and all rights in and to Halo Information, Halo Application and the Services are retained by us.

5.      ​Halo Trademarks

The Halo App, company name, logo, and all related names, logos, taglines, product and service names, designs, and slogans are trademarks of Halo Lending Company or its affiliates or licensors. You may not use these names without the prior written consent of Halo. All other names, brands, and marks that may appear on the Halo Application or Services remain the property of their respective owners and appear on the Halo Application or Services for identification purposes only. 

6.      ​User Communications

By submitting, transmitting, or sending us any ideas, comments, suggestions, documents, proposals, feedback, materials, information or other communication to, through or in connection with the Halo Application or Services (“User Communications”), you agree that (i) your User Communications do not contain the confidential or proprietary information of any third party, (ii) we are under no obligation of confidentiality, express or implied, with respect to any User Communications, (iii) we may have something similar to the User Communications already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense any User Communications, and you irrevocably waive, and cause to be waived, against Halo and its users any claims and assertions of any moral rights contained in such User Communications.

7.      ​Third-Party Websites and Services

The Halo Application and Services. may contain hyperlinks to third-party or other websites, applications, products or services (“Third-Party Services”). If there are Third-Party Services or other resources linked to on the Halo Application or Services, either by Halo or a third-party, these links are provided only for the convenience of our Users. We have no control over the contents of those Third-Party Services or resources, and therefore cannot accept responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Services linked to the Halo Application or Services, you do so entirely at your own risk and subject to the terms and conditions of use for that Third-Party Service.

Electronic Fund Transfer Disclosure Statement


The following disclosures are made in accordance with the federal law regarding electronic payments, deposits, transfers of funds and other electronic transfers to and from Halo account(s). There may be limitations on account activity that restrict your ability to make electronic fund transfers. Any such limits are disclosed in the appropriate agreements governing your account. 

   A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.

   B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.

8.      ​No Guarantee of Service

 

Although we strive to make the Halo Application and Services available to you at all times, there may be times when we need to disable the Halo Application or Services either temporarily or permanently. The Halo Application or Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.

Halo will not be liable if all or any part of the Halo Application or Services is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of or the entire Halo Application or Services to Users, including Registered Users. 

We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Halo Application or Services, including with respect to device compatibility.

9.      ​Disclaimer of Warranties

HALO DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PARTICULAR PURPOSE. THE HALO APPLICATION, THE SERVICES, HALO INFORMATION AND ANY OTHER PRODUCT OR SERVICES OBTAINED THROUGH THE HALO APPLICATION OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 

NEITHER HALO NOR ANY PERSON ASSOCIATED WITH HALO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HALO APPLICATION OR SERVICES. HALO DOES NOT REPRESENT OR WARRANT: (I) THAT THE HALO APPLICATION, SERVICES, APPLICATION INFORMATION OR ANY OTHER PRODUCTS OR SERVICES OBTAINED THROUGH THE HALO APPLICATION  WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, (II) THAT DEFECTS WILL BE CORRECTED, (III) THAT OUR HALO APPLICATION OR SERVICES OR THE SERVER THAT MAKES BOTH AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT THE HALO APPLICATION, SERVICES OR ANY OTHER PRODUCT OR SERVICES OBTAINED THROUGH THE HALO APPLICATION OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

YOU WAIVE AND HOLD HALO HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HALO DURING OR AS A RESULT OF INVESTIGATIONS BY EITHER HALO OR LAW ENFORCEMENT AUTHORITIES.

10.      ​Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HALO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE HALO APPLICATION OR SERVICES, WHETHER OR NOT HALO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE HALO APPLICATION OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THE HALO APPLICATION OR SERVICES. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

 

11.      ​Defense Against Claims and Reimbursement for Related Costs

As a condition of your use of the Halo Application and Services, you agree to be responsible for the consequences resulting from your use of the Halo Application or Services and any violation of these Terms. You shall defend Halo from and against any claims, and reimburse Halo for any liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your use of the Halo Application or Services or your violation of these Terms. 

12.      ​Governing Law and Forum

 

This Agreement will be governed by the internal substantive laws of the State of Indiana, without respect to its conflict of laws principles. You agree that: (i) the Halo Application and Services will be deemed solely based in Indiana; and (ii) the Halo Application and Services will be deemed a passive service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Indiana. You agree to submit to the personal jurisdiction of the federal and state courts located in Marion County, Indianapolis, Indiana for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Marion County, Indianapolis, Indiana is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

 

13.      ​Dispute Resolution, Arbitration, and Class Action Waiver

Dispute Resolution and Arbitration

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM HALO.

For any dispute with Halo, you agree to first contact us at contact@thehaloapp.com and attempt to resolve the dispute with us informally. In the unlikely event that Halo has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Marion County, Indianapolis, Indiana unless you and Halo agree otherwise. As an individual using the Halo Application or Services for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process.

 

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will be deemed as preventing Halo from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

Class Action/Jury Trial Waiver

WITH RESPECT TO ALL USERS THAT HAVE OBTAINED OR USED THE HALO APPLICATION OR SERVICES FOR ANY PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HALO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

14.      ​Termination

You may terminate the Terms at any time by closing your account and discontinuing your use of the Halo Application or Services. Please review our Privacy Policy for information about our privacy practices with respect to your personal information (including Personal Data) when you deactivate your account.

We may deactivate your account, suspend your ability to use certain portions of the Halo Application or Services, or ban you altogether from the Halo Application or Services for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Halo Application, Services, Application Information, or any other related information.

These Terms will survive any termination pursuant to this Section 14, whether by you or us, including without limitation our right to use User Communications as detailed in Section 6.

15.      ​General Provisions

These Terms constitute the sole and entire agreement between you and Halo with respect to the Halo Application and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Halo Application or Services. 

No waiver of these Terms by Halo will be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Halo to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be modified to reflect the Halo’s and your intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

The Terms, and any rights or obligations under the Terms are not assignable, transferable, or sublicensable by you, except with Halo’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

16.      ​Contact

Any questions, requests for technical support, complaints, claims or other communications relating to the Halo Application or Services should be directed to 

contact@thehaloapp.com

  

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