Last Updated: December 7, 2023
These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at [get-starlight.com] (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Starlight Ventures Corporation (“Starlight”, “we”, “our” or “us”) and (ii) online services made available via the Site ((i) and (ii), collectively, the “Services”).
BY CREATING AN ACCOUNT OR OTHERWISE USING THE SERVICES, YOU AGREE TO THESE TERMS. BY AGREEING TO THESE TERMS, EXCEPT FOR (I) CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, (II) WHERE YOU EXERCISE YOUR RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED BELOW, OR (III) TO THE EXTENT PROHIBITED BY LAW, DISPUTES BETWEEN YOU AND STARLIGHT WILL BE RESOLVED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using the Services.
Description of Service
The Services are designed to help individuals identify, target and deliver personalized messaging for individuals to get access to public and private benefits programs to lower key expenses.
STARLIGHT IS NOT A BROKER, TAX ADVISER, FINANCIAL ADVISER, OR ATTORNEY, NOR IS STARLIGHT AFFILIATED OR ASSOCIATED WITH THE PRODUCTS OR SERVICES, OR ENTITIES PROVIDING SUCH PRODUCTS OR SERVICES (E.G., GOVERNMENTAL ENTITIES), IT MAY RECOMMEND TO YOU. THE SERVICES ARE NOT INTENDED TO PROVIDE, AND STARLIGHT DOES NOT PROVIDE, LEGAL, TAX, OR FINANCIAL ADVICE. THE SERVICES ARE INTENDED ONLY TO ASSIST YOU IN UNDERSTANDING PUBLIC AND PRIVATE PROGRAMS FOR WHICH YOU ARE ELIGIBLE. ALL ADVICE IS DEPENDENT ON THE DATA YOU INPUT, WHICH MUST BE COMPLETE AND ACCURATE. THE SERVICES SHOULD NOT BE THE ONLY ADVICE YOU SEEK WITH RESPECT TO BENEFITS YOU WISH TO OBTAIN.
YOUR SITUATION IS UNIQUE AND THE SERVICES MAY NOT BE APPROPRIATE FOR YOUR INDIVIDUAL SITUATION. YOU ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR ACTIONS TAKEN OR DECISIONS MADE (OR NOT TAKEN OR MADE) BY YOU AS A RESULT OF YOUR USE OF THE SERVICES OR ANY RESULTS OR OUTPUT THEREOF OR CONCLUSIONS DRAWN THEREFROM.
Users
Users under 18 years of age (or the age of legal majority where the user lives) may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to the Services. If you are a parent or legal guardian and you believe that your child under the age of 18 is using the Services without your consent, please contact us at hello@get-starlight.com.
Your Account; Privacy Policy
In order to access the Services, you will share information and your phone number. We will use your phone number to identify you and confirm your identity. You should maintain appropriate anti-virus and anti-malware software on your computer.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy (www.get-starlight.com/privacy)
Links To Other Web Sites
Occasionally, at our discretion, we may mention third-party products or services on the Site. These third-party sites have separate and independent terms of use and privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Starlight has no control over, and assumes no responsibility for, the content, terms of use, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that Starlight shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We do not endorse, warrant or guarantee the products or services available from third-parties linked from our site. We are not an agent or broker responsible for the activities, policies of these third parties or that they are the best terms or lowest rates in the industry. If you elect to use or purchase these services, you are subject to their terms and conditions.
Rights You Grant Starlight
By submitting information, data, passwords, usernames, pins, login information, and other information (“Information”), you hereby grant us a perpetual, irrevocable license to such Information for the purpose of allowing Starlight to provide and improve its products and services. We may use and store this information and have no obligation to pay any fees or be subject to any restriction or limitations. By using the Services, you authorize us to access your account information maintained by identified third parties on your behalf and you authorize these third parties to disclose this information to us. We are not responsible for any inaccurate account information coming over from third parties.
You may not submit any Information that:
We do not undertake to review all Information, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Information. Although we have no obligation to screen, edit, or monitor Information, we may take any action with respect to Information that we deem necessary or appropriate, including, without limitation, deleting or removing Information.
Restricted Activity
You will not use the Services other than for their intended purpose. Further, you will not, in connection with the Services:
Feedback
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Starlight or the Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to improve or develop products or services in our sole discretion. We will exclusively own all works or improvements based on any Feedback. You understand that we may treat Feedback as nonconfidential.
Disclaimer of Representations and Warranties
The Services, including all information, recommendations, data, features and all content and services provided in connection therewith, are provided to you on an “as-is” and “as available” basis. STARLIGHT EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. FURTHER, STARLIGHT DOES NOT REPRESENT OR WARRANT THAT (a) THE ACCESS TO OR USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (b) THE SERVICES WILL YOU’RE YOUR REQUIREMENTS OR EXPECTATIONS, OR OTHERWISE PRODUCE ANY PARTICULAR RESULTS, (c) ANY STORED INFORMATION OR DATA WILL BE ACCURATE OR RELIABLE, OR WILL NOT BE LOST, DAMAGED, OR CORRUPTED, (d) ERRORS OR DEFECTS WILL BE CORRECTED OR STARLIGHT WILL DETECT ANY BUG IN THE SERVICES, (e) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (f) THIRD-PARTY DISRUPTIONS OR SECURITY BREACHES OF THE SERVICES WILL BE PREVENTED.
Limitations on Starlight's Liability
STARLIGHT’S SOLE AND AGGREGATE LIABILITY ON ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES ARISING OUT THE RELATIONSHIP BETWEEN THE PARTIES (INCLUDING THESE TERMS), WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, WILL BE LIMITED TO DIRECT DAMAGES AND WILL IN NO EVENT EXCEED $100 IN THE AGGREGATE. IN NO EVENT WILL STARLIGHT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, PROFITS, OR BUSINESS OR REPUTATIONAL DAMAGE).
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Starlight or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Indemnification
You will indemnify, hold harmless and, at our election, defend Starlight and its affiliates, directors, officers, employees, agents, representatives, distributors, customers, successors and assigns from and against any actual or threatened demands, assertions, proceedings, investigations, judgments, settlements, fines, penalties, losses, liabilities, damages and expenses (including reasonable attorneys’ fees and costs) (each an “Indemnifiable Claim”) arising out of or relating to your access to the Services and/or facts or circumstances that, if true, may or would result your breach of these Terms. If we direct you to defend the Indemnifiable Claim, we have the right to approve the counsel that you select to the defend the Indemnifiable Claim and may have our own counsel participate in the defense at our own expense. You will not settle any Indemnifiable Claim without our written consent. We may also exclusively retain control of the defense of any Indemnifiable Claim.
Termination
We may terminate or suspend access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND STARLIGHT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND STARLIGHT FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND STARLIGHT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. STARLIGHT AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SUBSECTION (L), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.
You will send any Claimant Notice to Starlight by email to hello@get-starlight.com. Starlight will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Starlight. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or Starlight cannot proceed to arbitration before the end of the Informal Resolution Period. If you or Starlight file a Claim in court or proceed to arbitration without complying with the requirements in Section 18, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
If NAM notifies the parties in writing (email suffices) that it is not available to arbitrate any Claim, then that Claim may only be settled by binding individual arbitration conducted by American Arbitration Association (“AAA”), https://www.adr.org. For Claims that must be arbitrated by AAA, if you are a “Consumer,” meaning that you only use the Services for personal, family or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules are the Rules applicable to Claims between you and Starlight as modified by this Agreement. For Claims that must be arbitrated by AAA, if you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and Starlight as modified by this Agreement.
These Terms affect interstate commerce, and the enforceability of this section will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Starlight to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
Instructions for filing a demand for arbitration with NAM are available on the NAM website or by calling NAM at 800-358-2550, and instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Starlight by email to hello@get-starlight.com. Starlight will send any demand for arbitration to you by certified mail or email using the contact information you have provided to Starlight.
The arbitration will be conducted by a single arbitrator in the English language. You and Starlight both agree that the arbitrator will be bound by this Agreement.
For Claims in which the claimant seeks less than USD $10,000, the arbitrator will decide the matter solely based on written submissions, without a formal hearing, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required and you reside in the United States, the hearing will take place in New York, New York, unless the arbitrator determines that this would pose a hardship for you, in which case the in-person hearing may be conducted in the claimant’s state and county of residence. If you reside outside the United States, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Starlight agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
An arbitration award, and any judgment confirming it, apply only to that specific case; it cannot be used or offered as precedent in any other case except to enforce the award itself unless the parties agree prior to issuance of the award. Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
Coordinated Claims may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in Coordinated Claims from the time a compliant Claimant Notice has been received by a party until this Agreement permits such Coordinated Claim to be filed in arbitration or court.
Initial Bellwether: The bellwether process set forth in this section will not proceed until counsel representing the Coordinated Claims has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Coordinated Claims have been provided.
After that point, counsel for the parties will select 30 Coordinated Claims to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 15 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. The parties acknowledge that resolution of some Coordinated Claims will be delayed by this bellwether process. Any remaining Coordinated Claims shall not be filed or deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims, unless and until they are selected to be filed in individual arbitration proceedings as set out in this Section 18(k).
A single arbitrator will preside over each Coordinated Claim chosen for a bellwether proceeding, and only one Coordinated Claim may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Mediation: Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Coordinated Claims, with the mediator's fee paid for by Starlight. Counsel for the claimants and the other party must agree on a mediator within 30 days after the conclusion of the last bellwether arbitration. If counsel for the claimants and the other party cannot agree on a mediator within 30 days, the arbitration provider will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.
Remaining Claims: If the mediation process concludes with 100 or more unresolved Coordinated Claims remaining, any party to a remaining Coordinated Claim may elect to no longer have the arbitration requirement in this Section 18 apply to all remaining Coordinated Claims for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party within 30 days of mediation concluding. Coordinated Claims released from the arbitration requirement must be resolved in accordance with Section 19.
If the mediation process concludes with fewer than 100 Coordinated Claims remaining or if no party makes a timely election as provided for in the previous paragraph, the arbitrator will randomly select 50 Coordinated Claims (or the total remaining amount if less than 50) to proceed in arbitration as a second batch. The arbitrator will randomly select eligible claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. Once all arbitrations in the foregoing process are complete, the parties will repeat this process until all Coordinated Claims have been arbitrated.
If Coordinated Claims released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the classes sought may comprise only the claimants in Coordinated Claims for which a compliant Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis.
A court will have authority to enforce the bellwether and mediation processes defined in this section and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
Governing Law and Dispute Resolution
Any dispute, claim, or controversy arising from or relating to these Terms or the Service will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute, claim, or controversy arising from or relating to these Terms or the Service that is not subject to arbitration pursuant to the agreement to arbitrate above and that cannot be heard in small claims court will be resolved exclusively in the state and federal courts located in the State of Delaware. You and Starlight waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section will not apply to you to the extent that local law conflicts with this section.
Contact Us
If you have any questions about these Terms, please contact us at hello@get-starlight.com
