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Greenlight Terms of Service

Last Updated: July 28, 2017

Your use of the Greenlight website, Greenlightcard.com (the “Website”), the Greenlight application for a mobile phone or any other device (the “Application”), and Greenlight Services are subject to your compliance with Greenlight’s terms and conditions (the “Terms of Service”). These Terms of Service are a legally binding agreement between Greenlight Financial Technology, Inc. (“Greenlight,” “we,” “our,” or “us”) and you, and describe the terms under which you agree to use the services, products, features, functions, technologies, or content offered on the Website, the Application, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, or any other device (collectively, the “Greenlight Services”). “Greenlight Account” means the service account at Greenlight, established by the Primary Accountholder, through which the Greenlight Services are provided with regard to the Primary Account and Sub-Account(s). PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Greenlight Services Overview.

Greenlight Services include a prepaid account service operated by Greenlight that, among other features, provides the Primary Accountholder with the ability to control and monitor the Card(s), including specifically the ability to set spending parameters and approve purchases for any Sub-Account(s). “Primary Account” means the Primary Accountholder’s Card Account. The “Primary Accountholder” is the individual that opens and is responsible for the Card(s), Primary Account, and Sub-Account(s). A “Sub-Account” is a Card Account that is a sub-account of the Primary Account, established by the Primary Accountholder and utilized for the purpose of identifying, monitoring and approving Card transactions by a Sub-Account Cardholder. A “Sub-Account Cardholder” is any individual authorized by the Primary Accountholder to use a Sub-Account. A “Card” means the Greenlight Prepaid MasterCard issued to the Primary Accountholder by Community Federal Savings Bank for a Sub-Account Cardholder’s use and governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement (“Cardholder Agreement”). “Card Account” means the records Community Federal Savings Bank maintains to account for the value of claims associated with each Card. Greenlight does not hold funds; any funds that you may add to your Card Account are solely held by Community Federal Savings Bank.

These Terms of Service govern the legal relationship between Greenlight, on the one hand, and the Primary Accountholder and each Sub-Account Cardholder, on the other hand. The Primary Accountholder has the ability at any time to assign certain responsibilities and obligations to a designee (hereinafter, the “Secondary Approver”). Unless these Terms of Service specify otherwise, all rights, privileges, and authorities of the Primary Accountholder under the Terms of Service are equally applicable to the Secondary Approver with the following exceptions: (1) the Secondary Approver cannot close the Primary Accountholder’s account; (2) the Secondary Approver cannot remove the Primary Accountholder from the account; (3) the Secondary Approver cannot open or close a Sub-Account; and (4) the Secondary Approver cannot add a “Funding Account,” as defined below.

By designating a Secondary Approver, you, the Primary Accountholder, (1) represent that the Secondary Approver is over the age of eighteen (18); and (2) agree to accept full responsibility for the Secondary Approver’s use of the Greenlight Services, including without limitation any and all financial charges and legal liability that the Secondary Approver may incur on behalf of you and/or your Greenlight Account as a result of his/her use of the Greenlight Services. You, the Primary Accountholder, can revoke the Secondary Approver’s authorities at any time through the Application or Website.

Unless specified otherwise in these Terms of Service, the terms “you,” “your” and “yours” refer to the Primary Accountholder, the Secondary Approver (if any), and each Sub-Account Cardholder.

The Cardholder Agreement (http://greenlightcard.com/cardholder-agreement/) and the Greenlight Privacy Policy (“Privacy Policy”) (http://greenlightcard.com/privacy/) are incorporated by reference into these Terms of Service. If you do not agree to these Terms of Service, do not register for or otherwise use any of the Greenlight Services. Your use of the Greenlight Services constitutes your acceptance of these Terms of Service. We may change or update these Terms of Service at any time by posting such changes on the Website and the Application. It is your responsibility to periodically review these Terms of Service for changes. Your continued use of the Greenlight Services after any such posting shall constitute your acceptance of such changes. If you do not agree with any such changes, please stop using the Greenlight Services.

The Greenlight Services are meant to assist you manage the spending activities of Sub-Account Cardholders and are not intended to provide legal, tax, or financial advice. We reserve the right to change, modify, add to, discontinue, or retire the Greenlight Services and/or any aspect or feature of the Greenlight Services at any time. We shall provide notice of changes to Greenlight Services by posting them on the Website and the Application.

By using the Greenlight Services, the Primary Accountholder represents that (i) each of the Primary Accountholder and any Sub-Account Cardholders is a natural person; (ii) the Primary Accountholder or Secondary Approver is at least 18 years of age (or older if you reside in a state where the majority age is older); and (iii) access to or use of the Greenlight Services by the Primary Accountholder or Secondary Approver and/or any Sub-Account Cardholder does not violate applicable laws. The Primary Accountholder represents that all Sub-Account Cardholders, which may include minors, are eligible to use Greenlight Services pursuant to these Terms of Service.

Further, by signing up for a Primary Account you, the Primary Accountholder, represent and warrant that you have provided us with your valid Social Security Number and that any other identifying information that may be submitted by you in order to verify your identity is also true, correct, and complete. By signing up a Sub-Account Cardholder for a Sub-Account, you, the Primary Accountholder, represent and warrant that any identifying information that may be submitted by you, the Primary Accountholder, regarding the Sub-Account Cardholder’s identity is also true, correct, and complete. We may restrict, suspend, or terminate your access at any time to Greenlight Services, the Website, and/or the Application if we believe you have breached these Terms of Service.

Savings Feature.

The Primary Accountholder or Secondary Approver may authorize additional transfers of funds to a Sub-Account based on controls determined by the Primary Accountholder, for purposes of utilizing the savings feature (“Savings Feature”). The Savings Feature is a tool pursuant to which with Primary Accountholder can transfer funds from the Primary Account to a Sub-Account Cardholder’s “savings” purse. Similarly, the Sub-Account Cardholder can set aside a portion of the Sub-Account’s available balance into the “savings” purse. The Primary Accountholder or Secondary Approver may also utilize the interest feature to transfer funds to the Sub-Account Cardholder as an “interest payment” on the Sub-Account Cardholder’s “savings.” These terms are used for the purpose of furthering financial literacy and do not refer to a “savings account” or “interest” in any legal sense. Neither Community Federal Savings Bank, nor Greenlight pays interest to a Sub-Account. The Sub-Account Cardholder does not have any claim against Community Federal Savings Bank or Greenlight for any interest, transferred or not transferred to the Sub-Account by the Primary Accountholder.

Minors as Sub-Account Cardholders.

We may allow you, the Primary Accountholder, to add your minor child as a Sub-Account Cardholder with a corresponding Sub-Account linked to your Primary Account, provided that you are his or her parent or legal guardian. By requesting Greenlight Services, you authorize us to make any inquiries, either directly or through third parties, including requiring you to provide documentation to us, either directly or indirectly, as we deem it necessary in our sole discretion to validate the information that you provide. Such inquiries may include engaging third parties to provide such services as age and identity verification. If we are unable to verify the information that you provide, we may (i) refuse to establish a requested Sub-Account; (ii) close an existing Sub-Account; (iii) close an existing Primary Account; and/or (iv) terminate Greenlight Services. We reserve the right to request such information at the time of enrollment or at any time thereafter during which you are a Primary Accountholder. You acknowledge that these Terms of Service will apply to your minor child, and you hereby expressly accept these Terms of Service on behalf of your minor child. You further agree to and accept full responsibility for your child’s use of the Greenlight Services, including all financial charges and legal liability that he or she may incur on behalf of your Greenlight Account.

Conduct.

As a condition of your use of Greenlight Services, the Website, and/or the Application, you warrant that you will not use the Greenlight Services, the Website, and/or the Application for any purpose that is unlawful or prohibited by these Terms of Service. You understand, agree, and acknowledge that you may not and warrant that you will not (i) intentionally interfere with, alter, or damage operation of the Greenlight Services, the Website, the Application, or any user’s enjoyment of either the Greenlight Services, the Website, or the Application by any means; (ii) attempt to gain unauthorized access to the Greenlight Services, the Website, the Application, or any part of either the Greenlight Services, the Website, or the Application, or other accounts, computer systems, or networks connected to the Greenlight Services, the Website, or the Application; or (iii) disable, circumvent, or otherwise interfere in any way with Greenlight’s security-related features.

Authorization to Debit Funding Account

Funds may be added to your Primary Account, called “value loading” at any time, subject to any restrictions in these Terms of Service or your Cardholder Agreement with Community Federal Savings Bank. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” You may load your Primary Account via either (i) a debit card transaction from your Funding Account; or (ii) an ACH debit transaction from your Funding Account. A “Funding Account” is the Primary Accountholder’s account at a third-party financial institution that is used to add funds to the Primary Account.

The Primary Accountholder or a Secondary Approver may load funds to the Primary Account by authorizing Greenlight, through the Application or Website, to initiate a debit card transaction or an ACH transaction from the Funding Account for a specified amount on either a one-time or recurring basis. Such authorization shall be provided by the Primary Accountholder or a Secondary Approver to Greenlight via the Application. The Primary Accountholder shall remain liable for any value loading to the Primary Account that is authorized by a Secondary Approver, regardless of whether such Secondary Approver may exceed the scope of his/her authority given by the Accountholder. In no event shall Greenlight be held liable for processing any value load requested and authorized by the Primary Accountholder, the Secondary Approver, or any other third party accessing the Application or Website with the Primary Accountholder’s log-in access credentials.

Loading by Debit Card.

The Primary Accountholder or a Secondary Approver may load the Primary Account by debit card. The minimum amount of an initial value load by debit card is $20.00. For subsequent reloads made using a debit card, the minimum amount of such reload is $50.00.

Loading by ACH.

The Primary Accountholder or a Secondary Approver may load the Primary Account by ACH. The minimum amount of an initial value load by ACH is $20.00. The minimum amount of any subsequent reload is $1.00.

ACH DEBIT AUTHORIZATION

The Primary Accountholder authorizes Greenlight to initiate one or more debit entries to the Funding Account for the amounts requested by the Primary Accountholder or Secondary Approver for purposes of funding the Card Account using the Automated Clearing House (“ACH”). The Primary Accountholder authorizes Greenlight to continue to debit the Funding Account for requested Card Account loads until this authorization is revoked, which can only be done by calling 1-888-483-2645. The Primary Accountholder understands that it may take Greenlight up to three (3) business days to process such a revocation. The Primary Accountholder acknowledges that debits to the Funding Account under this authorization must comply with U.S. laws.

Limitations on load amounts and associated fees may be found on the Fee Schedule and Limitations table in your Cardholder Agreement. Personal checks, cashier’s checks, and money orders sent to Community Federal Savings Bank or Greenlight are not an acceptable form of loading. You can obtain information on how to load your Primary Account within the Application. You will have access to initial and subsequent fund loads in accordance with the Community Federal Savings Bank funds availability policy. For value loads made via the ACH, Greenlight may, in its sole discretion, make funds available sooner. The Primary Accountholder (and Secondary Approver, if any) are encouraged to use the Application to confirm when fund loads are available.

In addition to the above, in the event that the balance of your Card Account is insufficient to cover any amount owed, whether such amount is owed to Community Federal Savings Bank or Greenlight, you authorize Greenlight to debit your Funding Account for such amount owed. In such an event, Greenlight will send the Primary Accountholder an electronic notification, which will state the amount to be debited. The Primary Accountholder may revoke such authorization at any time by terminating enrollment in the Greenlight Services,

Rights.

By submitting any information to Greenlight through your access to and use of the Greenlight Services, you are licensing that content to Greenlight solely for the purpose of providing the Greenlight Services, and you represent that you are entitled to do so for this purpose. Greenlight may use and store the content, but only to provide the Greenlight Services to you. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Greenlight Services, the Website, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Greenlight Services, the Website, and the Application.

Privacy.

PLEASE REVIEW THE PRIVACY POLICY CAREFULLY. You agree that we may use your Personal Information in accordance with our Privacy Policy (http://greenlightcard.com/privacy/), which is incorporated by reference into these Terms of Service. You expressly authorize Greenlight, its agents, and its employees to obtain various information about you (or about any minor child that you have enrolled) as we deem reasonably necessary or desirable in the course of delivering the Greenlight Services. A Sub-Account Cardholder’s personal information, including but not limited to established spending parameters, pending transactions, approved purchases, and transaction history will be shared with the Primary Accountholder. A Sub-Account Cardholder may only prevent this sharing by closing his/her Sub-Account.

Moreover, by using the Greenlight Services, the Website, and/or the Application, you acknowledge and agree that perfect security does not exist, internet transmissions may not be secure, and that a third party may intercept information that you provide to or receive from the Website and/or the Application, despite our efforts to protect any such transmissions. You further agree you will protect your Personal Information, as that term is used in the Greenlight Privacy Policy, in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information. You also agree that you will, upon request from us, immediately remove from your computer or mobile device any software that we notify you poses a security risk. You are responsible for maintaining the confidentiality of any password associated with your use of the Greenlight Services, as well as any activity within the Greenlight Services using your password(s).

Electronic Communication.

You communicate with us electronically by registering for Greenlight Services, and in requesting Greenlight Services you consent to receive electronic communications from us. To provide Greenlight Services to you, we may communicate with you electronically, for example by email or providing notices on the Website and the Application, and you agree that any such agreements, notices, or other communications that we provide electronically to you satisfy any applicable legal requirements that such communications be in writing.

Limitation of Liability.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLIGHT (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; THE FAILURE OF MERCHANTS TO HONOR THE CARD, OR TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY, IN THE EVENT THAT WE ARE HELD LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY GREENLIGHT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

Choice of Law.

These Terms of Service and any Greenlight Services provided hereunder will be governed by and construed in accordance with the laws of the State of Georgia, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.

Disclaimer of Warranties.

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE GREENLIGHT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE GREENLIGHT SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE GREENLIGHT SERVICES IS AT YOUR OWN RISK.

Fees.

We may charge a service fee for Greenlight Services. Your wireless carrier may charge fees for your data usage in connection with your use of Greenlight Services. The Greenlight Services’ fees are unrelated to any such fees that may be charged to you by a third party arising from your use of Greenlight Services. International Card transactions will be subject to the currency conversion rates of the card network operator (MasterCard), as such may be in effect and applied by MasterCard at the time of the Card transaction. Additional information about the fees for Greenlight Services is available at http://greenlight.me/cardholder-agreement/.

Indemnification.

You agree to defend, indemnify, and hold harmless Greenlight, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.

Term and Termination.

We may terminate these Terms of Service at any time upon notice to you, with or without cause. Unless terminated by you, your enrollment in the Greenlight Services shall automatically continue indefinitely. You, the Primary Accountholder, may terminate these Terms of Service at any time by calling Greenlight Customer Service at 888-483-2645 and closing your Greenlight Account. A Primary Accountholder may close the Primary Account and/or any linked Sub-Account at any time according to the above procedures; if the Primary Account is closed, any linked Sub-Account(s) will also be closed. A Secondary Approver cannot close the Primary Account or any linked Sub-Account(s). Your right to use and access the Greenlight Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms of Service, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.

These Terms of Service are solely and exclusively between you and Greenlight and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Greenlight is a party to these Terms of Service, and (ii) no third party, including any third-party partner or service provider of Greenlight has any obligations or duties to you under these Terms of Service.

Any waiver of our rights under these Terms of Service must be in writing, signed by Greenlight, and any such waiver shall not operate as a waiver of any future breach of these Terms of Service. Our failure to exercise any rights or enforce any of these Terms of Service is not a waiver of such right or term.

In the event any portion of these Terms of Service is found to be illegal or unenforceable, such portion shall be severed from these Terms of Service to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms of Service shall otherwise remain in full force and effect to the fullest extent permitted by law.

You warrant to Greenlight, as a condition to your use of Greenlight Services, the Website, and/or the Application, that your use of the Greenlight Services, the Website, and/or the Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Greenlight Services, the Website, and the Application for lawful purposes.

These Terms of Service, and all documents incorporated into these Terms of Service by reference, constitute the entire agreement between you and Greenlight with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Service.

Greenlight Privacy Policy
http://www.greenlightcard.com/privacy.html

Community Federal Savings Bank Privacy Policy
http://www.cfsb.com/privacy/

Greenlight Prepaid Mastercard Cardholder Agreement
http://www.greenlightcard.com/cardholder.html

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