TERMS OF USE
Last Updated: [November 22, 2010]
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE, DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
The following Terms of Use apply to the Green Dot websites (each, a “Website”) owned and operated by Green Dot Corporation (“Green Dot”, “we”, “us” or “our”) and do not modify your Cardholder Agreement for your Green Dot payment card (“Card”). By accessing or using the Website, you acknowledge that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety, along with any modifications to the Terms of Use, which are incorporated by reference into these Terms of Use, any additional terms applicable to certain content and features and all applicable laws, rules and regulations governing your use of the Website. These Terms of Use may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon posting to the Website.
REGISTRATION; ACCOUNTS In order to activate or enroll a Card or otherwise create an account at the Website, you must register for an account ("Account"). To register for an Account, you will: (a) provide true, accurate and complete information about yourself in the registration form; (b) maintain and promptly update such information; (c) establish a username and password. Green Dot shall have no liability associated with or arising from your failure to maintain accurate registration information. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use.
PROPRIETARY RIGHTS; USE OF CONTENT
This Website is owned and operated by Green Dot or its affiliates, licensors and/or third party service providers, (the “Green Dot Parties”) and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing at the Website (collectively, “Content”) are the property of Green Dot or the Green Dot Parties, and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Website are the property of Green Dot or the Green Dot Parties. You may not make any use of any Content or Marks without the prior written consent of Green Dot. No Content from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
COLLECTION OF NON-PERSONAL INFORMATION
We may collect general, non-personal, statistical, technical and navigational information about our visitors, and about the use of the Website, such as how many visitors visit a specific page on our Website, how long they stay on that page, whether they complete applications or information fields on a web page, which product pictures or other hyperlinks, if any, they "click" on. We collect this information when you provide it affirmatively or through the use of cookies, pixels and other tracking technologies. We collect this information in order to determine which areas of our Website are most popular; to tailor our Website to your specific interests, participation or requests; to improve user experience for our visitors; and to deliver a more personalized web site service and experience, including by recognizing certain choices you have made on our Website so you do not need to re-enter these choices when you return to our Website, or by notifying you of incomplete applications or registrations. We may use third parties to assist us with the collection of such non-personal information through the use of cookies, pixels and other tracking technologies.
A cookie is a small text file that a web site transfers to an individual's computer for record keeping purposes. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You can set most browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Website may not function properly or may be slower if you refuse cookies. You may occasionally get cookies from other third parties with links on our Website. We do not control these cookies.
We and the web analytics provider that we may use to help manage our Website and communications employ cookies and web beacons placed on pages of our Website to deliver our ads, to measure the effectiveness of our advertising, and to learn how our users use our Website. The type of information that we collect through this technology may include the unique user id, the areas of the website viewed by the user and certain personally identifiable information relating to the user. By supplementing our records, this information helps us learn things such as what kinds of users our Website attract, which of our offerings most interest our users, and what kinds of offers our users like to see.
YOUR CONDUCT
In using or accessing the Website you agree: (i) not to use the Website for fraudulent purposes; (ii) not to "spam" others or "phish" for others' personal information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, “deeplink”, attempt to obtain unauthorized access to or otherwise abuse, the Website or affiliated or linked websites; (v) not to disrupt or interfere with any other user’s enjoyment of the Website; (vi) not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (vii) not to use meta tags or any other “hidden text” utilizing a Mark ; and (viii) not to use the Website in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person's privacy, violates any third party proprietary rights, or is in violation of any law or regulation.
THIRD PARTY WEBSITES AND SERVICES
The Website may contain links to third party websites and services, over which Green Dot has no control. You acknowledge and agree that Green Dot does not endorse, verify, or make any representations regarding these third party websites and services and is not responsible for the availability of, and any liability arising from, any such third party websites and services. Green Dot is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third party websites and services.
TERMINATION; MODIFICATION
Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Website, and to block or prevent future access to and use of the Website for any reason. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Website, temporarily or permanently, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any modification, suspension or discontinuance.
DISCLAIMER
GREEN DOT MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE WEBSITE OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GREEN DOT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, CONTENT AND ANY THIRD PARTY WEBSITE OR SERVICE. GREEN DOT DOES NOT WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GREEN DOT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Green Dot will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond Green Dot’s reasonable control.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL GREEN DOT AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE “GREEN DOT AFFILIATES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY, EVEN IF A GREEN DOT PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES, ARISING IN CONNECTION WITH: (A) THE WEBSITET; (B) YOUR USE OR INABILITY TO USE THE WEBSITE; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GREEN DOT’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE WEBSITE.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Green Dot Affiliates from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Website; (3) loss of any data or account information; and (4) any material sent by you to Green Dot. You will cooperate as fully and reasonably as required by Green Dot in the defense of any claim. Green Dot reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Green Dot.
GOVERNING LAW
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California excluding conflicts of law rules. Any dispute arising from these Terms of Use or the Website shall be resolved in the state or federal courts residing in Los Angeles, California and you irrevocably agree to the jurisdiction of such courts. Green Dot makes no representation that Content contained on the Website is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
CONTACT US
Green Dot Customer Service, P.O. Box 1187, Monrovia, California 91017.
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