Last Updated: January 3, 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 is 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 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. Unless specified otherwise in these Terms of Service, the terms “you,” “your” and “yours” refer to the Primary Accountholder as well as each Sub-Account Cardholder.
The Greenlight Services are meant to assist you in managing spending, 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 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 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 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.
We may allow you, the Primary Accountholder, to add or permit to be added 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 customer. 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.
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.
The Primary Accountholder may load funds to the Primary Account by authorizing Greenlight to initiate an ACH debit or a debit card transaction from the Funding Account for a specified amount on either a one-time or recurring basis. 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. Such authorization shall be provided by the Primary Accountholder to Greenlight via the Application. You can obtain information on how to load your Primary Account within the Application.
In the event that the balance of your Card Account is insufficient to cover the amount owed, whether such amount is owed to Community Federal Savings Bank or Greenlight, you authorize Greenlight to debit your Funding Account for the amount owed. The Primary Accountholder may revoke such authorization at any time by terminating enrollment in the Greenlight Services. Greenlight will send the Primary Accountholder an electronic notification, which will state the amount to be debited.
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.
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 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.
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.
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.
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.
We may charge a service fee for Greenlight Services. Additional information is available at http://www.greenlightcard.com/cardholder.html about fees 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.
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.
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. 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 Prepaid Mastercard Cardholder Agreement