GREENLIGHT GIFT TERMS OF SERVICE

Last Updated: May 15th, 2019

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

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 to provide a Greenlight authorized user with a gift (the “Greenlight Gift“ are subject to your compliance with Greenlight’s terms and conditions (the “Terms of Service”), which govern the use of the Greenlight Gift. 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").

Please read these Terms carefully. By purchasing a Greenlight Gift, you agree to these Terms. If you do not agree to these Terms of Service, do not use any of the Greenlight Services. Your use of the Greenlight Services constitutes your acceptance of these Terms of Service. Greenlight may change these Terms, at any time without notice to you, subject to applicable law. If you do not agree with any such changes, please stop using the Greenlight Services. 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. The current Terms can be found at gift.greenlightcard.com.

Fees. There is a one-time service charge of $3.30 for the Greenlight Gift that will be collected by Greenlight at the time of purchase. We will charge you and you agree to pay this one-time service charge. We normally charge your account for the amount of the fee automatically at the same time you purchase the Greenlight Gift. 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.

Using the Greenlight Gift. You may use the Greenlight Services to provide a Greenlight Gift for an individual who is an authorized user (a “Sub-Account Cardholder“) of an account established by another individual (the “Primary Accountholder“) for the purpose of identifying, monitoring, and approving Card transactions by a Sub-Account Cardholder. When you send a Greenlight Gift, we will send to you a unique combination of letters and/or numbers (the “Redemption Code“) to you. If you choose to deliver the Redemption Code via email or SMS text message, we will send the Redemption Code to the designated Primary Accountholder or Sub-Account Cardholder based on the contact information you provide. At the time of purchase, it is your responsibility to provide the correct Primary Accountholder or Sub-Account Cardholder contact information to ensure that the designated Primary Accountholder or Sub-Account Cardholder receives the redemption code via SMS text message or email. If you choose to transmit the redemption code via your own printed copy, it is your responsibility to ensure that the designated Primary Accountholder or Sub-Account Cardholder receives the redemption code. A Sub-Account Cardholder may not access your Greenlight Gift until the Primary Accountholder activates each Greenlight Gift Redemption Code. In the event that the Redemption Code has not been redeemed for sixty days, we will automatically process a refund of the gift amount only back to the original payment method you used to purchase the Greenlight Gift. The service charge will not be refunded. When the Primary Accountholder has authorized the Redemption Code, funds will be “loaded“ or added to the Greenlight Prepaid MasterCard (the “Card“) of the Primary Accountholder for a Sub-Account Cardholder’s use.

We are unable to replace the funds associated with the Greenlight Gift if the Redemption Code is lost or stolen prior to redemption.

INTEREST WILL NOT BE PAID TO YOU OR THE GREENLIGHT GIFT RECIPIENT FOR ANY VALUE ASSOCIATED WITH THE GREENLIGHT GIFT. THERE IS NO DEPOSIT ACCOUNT ASSOCIATED WITH THE GREENLIGHT GIFT. THE VALUE ASSOCIATED WITH THE GREENLIGHT GIFT PRIOR TO ITS REDEMPTION BY THE RECIPIENT IS NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC).

The Card is issued by Community Federal Savings Bank and is governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement (“Cardholder Agreement“).

Limits on the Use of the Greenlight Gift. For security or other reasons, we reserve the right to impose limits on the Greenlight Gift, including limits on the amount of purchase, subject to applicable law. The Greenlight Gift can only be used for a single load of funds to a Card. The entire balance of the Greenlight Gift will be transferred when the Primary Accountholder activates the Redemption Code. To make subsequent gifts, you will need to send an additional Greenlight Gift. We may refuse to provide the Greenlight Gift or process any transaction that we believe may violate these Terms of Service or applicable law. 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. More information on applicable limits is available at www.GreenlightCard.com/Gift. Any limitation on the Greenlight Gift will not otherwise affect your rights and obligations under these Terms.

Refunds. Once a Primary Accountholder has redeemed the Greenlight Gift, Greenlight is not able to refund the Greenlight Gift amount. To request a refund for an unredeemed Greenlight Gift, you must send an email to support@greenlight.me and provide certain identification information and the Greenlight Gift Redemption Code. We may also require you to provide your receipt for the Greenlight Gift. We reserve the right to limit or decline refunds. We will automatically process a refund to you if the Redemption Code is not activated within sixty days.

Greenlight Gift Expiration. After the Redemption Code has been activated, and funds have been transferred to a Greenlight Card, there is no pre-set expiration date for the Greenlight Gift. The Greenlight Gift is deemed to be expired when the balance is $0.

Your Representations and Warranties. By purchasing the Greenlight Gift, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) you are a U.S. citizen or legal alien residing in the United States or Puerto Rico; (iii) any and all personal information that you provide to us in connection with the Greenlight Gift is true, correct, and complete; and (iv) you have received and reviewed these Terms and agree to be bound by and to comply with them.

Information Collection. In order to use the Greenlight Gift, you must have access to the Internet and provide certain identification information, including your name, residential street address, payment information, phone number, and email address at www.GreenlightCard.com/gift. We will use the information to identify you and to process your transaction and also to provide you with offers for additional products and services. Please see our Privacy Statement for further information. Your payment card issuer’s privacy policy may also apply, depending on the nature of your transaction and the issuer’s own policies; for information on an issuer’s privacy policy, please contact the applicable issuer, as this is outside of Greenlight’s control. You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

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 (https://www.greenlightcard.com/privacy.html), 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 as we deem reasonably necessary or desirable in the course of delivering the Greenlight Services. 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.

Disputes with Issuers or Third Parties. We are not responsible for the delivery, quality, safety, legality, or any other aspect of any accounts, products, or services provided by issuers or other third parties. You must resolve all issues and disputes related to such accounts, products, and services with the applicable Issuer or other third party. We are not responsible for any late fees, overdrafts, overlimit fees, declined transactions, service terminations, or any other losses if your Greenlight Gift exceeds the balance or limit set on your payment account.

Governing Law/Jurisdiction. 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. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Georgia with respect to all controversies arising out of or in connection with the use of the Greenlight Gift and these Terms that are not subject to arbitration or to any proceedings to enforce the arbitration provision or to confirm or vacate an arbitration award.

Delay of Rights. Greenlight can waive or delay enforcement of any of its rights under these Terms of Service without losing them.

Entire Agreement. These Terms of Service set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the Greenlight Gift and supersede any prior or contemporaneous understandings or agreements between you and us with respect to the Greenlight Gift.

Severability. If any of the terms of these Terms of Service are invalid, or declared invalid by order of court, regulatory authority, or change in applicable law, the remaining terms of these Terms of Service will not be affected, and these Terms of Service will be interpreted as if the invalid terms had not been included in these Terms of Service.

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.

Limited 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.

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.

Questions. If you have questions regarding the Greenlight Gift, please review our frequently asked questions at
https://faq.greenlightcard.com.

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


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