NETSPEND EARNED WAGE ACCESS TERMS OF SERVICE

Effective Date: March 21, 2023

PLEASE CAREFULLY READ ALL OF THESE TERMS AND CONDITIONS AND KEEP A COPY OF THIS DOCUMENT FOR YOUR RECORDS.

 

This agreement (“Agreement”) between Netspend Holdings, Inc. (“Netspend”) and you governs the access to or the use of the Netspend Earned Wage Access solution, including any other products or services offered to you (each individually or collectively, as the case may be, the “Services”) and associated mobile app (the “Netspend App”). By downloading, accessing, or using the Netspend App, you acknowledge that you have read and agree to be bound by the Agreement in its entirety, any additional service agreements, and all applicable laws, rules and regulations governing your use of the Netspend App. “You” and “your” mean you, the customer who creates an account (“Netspend Account”) in the Netspend App or otherwise accesses the Services.

By using the Netspend App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of this Agreement.

 

When You use the Services to obtain an electronic payment from Netspend via its service provider, as described in Section II (entitled “Assignment of Your Earned Wages”), the payment will correspond to a portion of your earned wages. Each time you conduct a transaction covered under Section II, You are assigning to the service provider designated by Netspend the intangible right to receive a portion of your earned wages.

 

Under this Agreement, Netspend may, at any time, change any condition, term, or provision of the Agreement, including by exercising its rights to impose any new type of fee or charge on You or to increase the cost or the price of any of the Services. Please review the “Effective Date” each time you use the Netspend App or use any of Netspend’s Services. If Netspend materially changes a provision of this Agreement, Netspend will let You know by showing the revised provision when You access the Services; if Netspend has your current email address, Netspend also shall send You an email notifying You of the revised provision of the Agreement. Netspend shall use the email address You have on file, and shall not be liable for resending any returned email so long as Netspend uses the email address on its file.

 

Please carefully read each of the parts of this Agreement, which contain herein or by reference:

• Electronic Fund Transfer (EFT) Agreement
• Assignment of Your Earned Wages
• Netspend Mobile App and Your Netspend Account Terms of Use
• Privacy Policy – Earned Wage Access
• ESIGN Act Agreement

 

IMPORTANT INFORMATION WILL BE PROVIDED TO YOU IN ELECTRONIC RECORDS, SUCH AS VIA EMAIL.

Your use of the Netspend App or any part of the Services with your mobile phone, tablet, or laptop represents your agreement, as well as your course of dealing, to conduct transactions and communicate with Netspend via electronic methods.

 

As part of your agreement with the Terms of Service, You agree to the terms and conditions of Netspend’s Privacy Notice, here: https://www.rain.us/netspend/privacy.html.

Please review the Terms of Service each time You have access to or use the Services. SUBJECT TO YOUR ADDITIONAL RIGHTS IN THIS AGREEMENT, BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS OF USE.

 

I. Electronic Fund Transfer (EFT) Agreement

 

1. Your Netspend Account; Login to Your Netspend Account Constitutes Acceptance of this Agreement. When You login and register to the Netspend App to have access to and use the Services, You will be creating your Netspend Account. Each time You have access to or use of your Netspend Account, You are signifying that You agree to all of the terms and conditions of this Agreement. Your Netspend Account is only for You, and You may not permit any person to have access to or to use your Netspend Account. If You allow any person to have access to or to use your Netspend Account, You shall be responsible for any act (or omission) that the person makes, including for any type of transaction made by the person.
2. Security of Your Netspend Account. You shall be solely responsible for all actions and transactions that You or your authorized agent or other representative make in your Netspend Account. Except to the extent prohibited by law, Netspend shall not bear any liability or any responsibility for any misuse of your Netspend Account or any loss of information relating to your Netspend Account. You shall not disclose to or share with any person your login credentials, passwords, or other personally identifiable information that would allow access to or use of your Netspend Account (individually or collectively the “Credentials”).
3. Electronic Payments. By using your Credentials to use your Netspend Account and the Services, You authorize Netspend, or its agent or service provider, to draw a check, draft, or otherwise effect a payment transaction using your Primary Bank Account (as defined below) designated in your Netspend Account. Without limitation, a payment transaction may be made via electronic fund transfer (“EFT”), wire transfer, or substitute check (each an “Electronic Payment”), and the transaction may clear and settle via an automated clearing house (“ACH”) or via another method that may be selected by Netspend, or its agent or service provider, or your bank or credit union (or its agent).
4. Link to Your Primary Bank Account. To use the Services, You shall enroll and link to your Netspend Account one or more of your transaction accounts, such as a checking, money market savings, regular savings, or prepaid account, that You hold with a bank or credit union (“Your Bank”). At all times, You shall designate one of your transaction accounts held at Your Bank to be linked to your Netspend Account (“Your Primary Bank Account”). You may change Your Primary Bank Account, except to the extent that Netspend prevents or postpones the change, such as to complete a pending Electronic Payment. When You request an Electronic Payment to be made from your Netspend Account to Your Primary Bank Account, Your Bank may impose a fee for its product or service to You, and Netspend shall not be liable to You or any other person in connection with such fee or similar charge. As between You and Netspend, You shall be responsible for any act or omission made by Your Bank in connection with your request of or Netspend’s action relating to an Electronic Payment.
5. Fees. As described in the table below, Netspend may impose a fee or charge on You for use of the Services (each a “Fee”) relating to any Electronic Payment.

You generally pay Your Fee from the amount of the Earned Wage Payment (as defined in this Part I, Section 9 below). When You request an Electronic Payment which is an “Earned Wage Payment,” Netspend will request that You pay the Fee, if applicable, as part of the Earned Wage Payment. If Netspend includes the Fee in the Earned Wage Payment and You authorize the payment of the Fee from the Earned Wage Payment (by confirming such payment on the Netspend App or otherwise), then the Electronic Payment to credit Your Primary Bank Account will be in the amount of the Earned Wage Payment, less the amount of the Fee that You pay to Netspend. For example, if You request an expedited Earned Wage Payment for the Electronic Payment and the Fee is $3.99, then the amount of the Fee will be included in the Earned Wage Payment. If You wish to have $100.00 credited to Your Primary Bank Account, then the full amount of the Earned Wage Payment will be $103.99, and You will be authorizing the Fee to be paid from the Earned Wage Payment.

The amount of any Fee that Netspend imposes, if any, when You conduct an Electronic Payment depends on the method of the payment that You select.

Netspend’s Schedule of Fees:

 

Service Fees	ACH Transfer Fee (2-5 business days)	$0.00
	Expedited Transfer Fee, for Electronic Payment to Your Primary Bank Account (usually within minutes)	Up to $3.99*

*This fee is waived for an Electronic Payment made to a Skylight-branded payroll card or, to a debit card linked to a Netspend Skylight Account or linked to a Skylight All-Access Account; provided, however, that such payroll card or debit card was distributed through or associated with an employer enrolled in the Service.

The Expedited Transfer Fee may vary by employer and will be presented in the Netspend App prior to your submission of an Electronic Payment. The Expedited Transfer fee may be equal to or lower than the Fee set forth in the table above.

1. Netspend’s Liability for Failure to Make Electronic Payments. If Netspend does not timely initiate an Electronic Payment that You request or otherwise authorize or if Netspend commits an act of gross negligence in establishing the amount of your request for that Electronic Payment, Netspend shall be liable for any loss or damage that You experience as a result of the untimely initiation of, or incorrect amount of, that payment. However, Netspend shall not be liable to You under other circumstances relating to an Electronic Payment, including:
2. • If, through no fault of Netspend, You do not maintain accurate information relating to Your Primary Bank Account;
   • If the online channel or internet system that You use when requesting the Electronic Payment is not working properly and You have knowledge of the defect in that channel or system when You are seeking to use the Netspend App or your Netspend Account; or
   • If one or more other provisions contained in this Agreement may relieve Netspend of its liability.
     
3. Confidentiality of Information. Netspend may disclose any data or other information, including any nonpublic personal information about You, to any third party in connection with your use of your Netspend Account or your request for an Electronic Payment if the disclosure is:
   • Necessary to conduct or to complete any transaction for the Electronic Payment, to settle or to document the Electronic Payment, or to otherwise support the Services offered to You;
   • Authorized by You, which authorization may be made orally or in writing; or
   • Permitted by Netspend’s Privacy Notice.
   • To comply with government agency or court orders, or other legal or administrative reporting requirements.
   • To detect, prevent, investigate, or report potential fraud or other illegal activity
4. Consumer Liability for Unauthorized Transfers or Unauthorized Electronic Payment.

 

Tell us AT ONCE if You believe the Credentials of your Netspend Account have been stolen, or if You believe that any EFT or Electronic Payment has been made without your permission using your Credentials. You could lose all the money in Your Primary Bank Account (plus your maximum overdraft line or credit). Telephoning is the best way of keeping your possible losses down. You can call: 1-844- 985-3596 or write:

 

CUSTOMER SUPPORT–UNAUTHORIZED TRANSACTION ALERT

258 3rd Ave

Venice, CA 90291

1-844-985-3596

EWAsupport@netspend.com

 

If You tell us within 2 business days after You learn of the loss of your Credentials, You can lose no more than $50 if someone used your Credentials without your permission. If You do NOT tell us within 2 business days after You learn of the loss of your Credentials, or that an EFT or other Electronic Payment has been made without your permission using your Credentials, and we can prove we could have stopped someone from using your Credentials without your permission if You had told us, You could lose as much as $500.

 

If your statement shows EFTs that You did not make or authorize to make through your Netspend Account, tell us at once. If You do not tell us within 60 days after the statement was mailed to You or electronically sent to You, You may not get back the money You lost after the 60-day period if we can prove that we can stop someone from taking the money if You had told us in time. If a good reason (e.g., hospital stay) kept You from telling us within the required period(s), we will extend the time period(s).

 

1. Electronic Payment. You may request an Electronic Payment to be initiated by Netspend, based on Netspend’s formula for an amount of funds that Netspend may, at its discretion, provide to You in reference to an amount of funds that are due to You from your employer. In this Agreement, an “Earned Wage Payment” is defined as an Electronic Payment in an amount corresponding to Your requested earned wages, such amount including the Fee for the Electronic Payment, if any. You acknowledge and agree that each Earned Wage Payment is a payment to You from Netspend via its service provider and does not constitute any payment by Netspend (or its service provider) of wages or other benefits owed to You from any person. Netspend may, in its sole discretion, use any other term or description for an Earned Wage Payment, such as in Netspend’s marketing or promotional materials. As between You and Netspend, You warrant that, as of the time You request an Earned Wage Payment, that You: (i) have rights to the employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); (ii) have performed all of the work or other services necessary for your rights to the wages; (iii) shall hold Netspend harmless for any and all claims that may be made against You by any person in connection with the payment or receipt of your wages. If You request an Earned Wage Payment, You shall comply with all of the terms and conditions that Netspend, or its service provider, may impose, through any mechanism on the Netspend App or in your Netspend Account. Without limiting the scope of the preceding sentence, for each Earned Wage Payment that You request, You agree that: (a) the amount of funds to be transferred for the Earned Wage Payment may be limited to be at or below any threshold that Netspend or its service provider, each acting in its sole discretion may set; (b) all information that You provide to Netspend is accurate; and (c) You will hold Netspend harmless for any loss or damage that You may experience if Netspend or its service provider, limits the amount or timing of any Earned Wage Payment to conform with the thresholds or limits that are established for your Netspend Account. This means that if the amount or the timing of an Earned Wage Payment does not conform to the thresholds or limits that may be established for your Netspend Account, your request may be modified so that an Electronic Payment may satisfy part of your request for the Earned Wage Payment.
2. Settlement of Funds in Your Primary Bank Account. You warrant that You are responsible for the timing of making any request for an Earned Wage Payment in order for funds to be available to You in Your Primary Bank Account. Netspend shall bear no liability of any kind relating to the time that You make a request for an Earned Wage Payment. You warrant that You will hold Netspend harmless for any and all losses, costs, or damages to You of any kind due to the timing of any settlement or availability of funds in Your Primary Bank Account, except if Netspend does not timely initiate the processing of the Earned Wage Payment. This means that, even though Netspend shall be obligated to You to effect the Electronic Payment in the amount you request for each Earned Wage Payment, the funds made available to You by Your Bank could be available to Your on a date than is later than You expected (when making your request via the Netspend App) or the funds Your Bank makes available may be less than the amount You had requested. You could, for example, receive an amount from Your Bank in Your Primary Bank Account that is less than the amount You had requested for the Earned Wage Payment if Your Bank delays access to such funds or exercises any right Your Bank may hold to set off or make any other deduction from Your Primary Bank Account.

 

1. Statements for Your Netspend Account.

 

You have the right to receive an account statement showing transactions in your Netspend Account. You may view your Netspend Account statement by logging into your Netspend Account on the Netspend App.

 

1. Transfers. You can get a receipt at the time you make any transfer to or from your Netspend Account using the Netspend App.
2. Periodic statements. Netspend shall provide You with a monthly account statement (unless there are no transfers in a particular month). In any case, You will receive a statement for your Netspend Account at least quarterly.
3. Security Measures for Your Netspend Account and Electronic Payments.

 

Under certain circumstances, in order to protect your Netspend Account and the security and integrity of the network that uses the Netspend App or the Services, Netspend may, in its sole discretion, take

account-level or transaction-level actions. Netspend’s decision about limitations and holds may be based on confidential criteria that are essential to Netspend’s management of risk and the protection of the Netspend App or the Services, its customers, or its service providers. Netspend may use propriety fraud and risk modeling when assessing the risk associated with your Netspend Account. Netspend also may be restricted by regulation or a governmental authority from disclosing certain information to You about such decisions. Netspend shall not have any obligation to disclose to You information regarding

Netspend’s risk management or its security procedures.

 

1. Limitations on frequency of Electronic Payments. For security reasons and other reasons, Netspend imposes limits on the number or frequency of Electronic Payments You can make using your Netspend Account. Netspend may, in its sole discretion, restrict the transactions that You may make for Earned Wage Payments, such as by permitting up to five transactions each calendar month.
2. Limitations on dollar amounts of Electronic Payments. Netspend may, in its sole discretion, restrict the amount that You may request for an Electronic Payment. For example, Netspend may allow You to request an Earned Wage Payment in an amount that is up to half of your earned wages (as of the time of the request) for that Electronic Payment.
3. Account limitations. Limitations are implemented to help protect your Netspend Account or to protect Netspend’s Services. Your Netspend Account may be limited when:
   • Netspend suspects someone could be using your Netspend Account without your knowledge;
   • Another financial institution, such as Your Primary Bank, advises that someone has used your linked payment methods without permission;
   • Netspend is obligated by the law to do so; or
   • Netspend reasonably believes You have breached this Agreement.

 

You will need to resolve any issues with your Netspend Account before a limitation can be removed. Normally, this is done after You provide Netspend with the information that is requested. However, if Netspend reasonably believes a risk still exists after You have provided us that information, Netspend may take action to protect itself, its users, a third party, or You from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.

 

1. Holds. A hold is an action that Netspend may take either at the transaction level or the account level. When Netspend places a hold on an Electronic Payment, the money is not available to either the depositor or the recipient. Netspend reviews several factors before placing a hold on an Electronic Payment, including transaction activity in the account. Netspend may place a hold on transactions involving your Netspend Account if Netspend, in its sole discretion, believes that there may be a high level of risk associated with You or your Netspend Account, or that placing such a hold is necessary based on a number of factors. Risk-based holds may remain in place for up to 180 days from the date the Electronic Payment was made. Netspend may release the hold earlier under certain circumstances, but any earlier release is at Netspend’s sole discretion.

 

1. “Business Day” means any day of the week that is not a Saturday, Sunday or federal holiday. Any references to “days” found in this Agreement mean calendar days unless indicated otherwise. Non-Business Days are considered part of the following Business Day.
   

• Assignment of Your Earned Wages

 

1. Assignment. This Section II represents a wage-assignment between You and Netspend’s designated service provider, Rain Technologies Inc. (“Assignee”). As between You and Assignee, You warrant that, each time You request an Electronic Payment that is an Earned Wage Payment, that You:

(i) have rights to the relevant employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); and (ii) have performed all of the work or other services of any kind necessary for your rights to the wages. Upon each request You make for an Earned Wage Payment, You hereby grant, assign, and transfer to Assignee any and all rights that You hold corresponding to the wages for that request.

 

1. You Do Not Have Any Right of Revocation. Your assignment to Assignee of any and all of the rights to your wages is irrevocable as to each Earned Wage Payment that You request. You have no right to reverse or countermand any instruction You make on the Netspend App or otherwise in your Netspend Account to assign any and all rights to Assignee of your wages. This means that: (i) once You complete a transaction (e.g., click “complete” “confirm” or “submit” when requesting an Electronic Payment) Assignee, and not You, holds all of the rights to your wages that corresponds to the amount of the Earned Wage Payment; and (ii) your paycheck when paid by your employer will reflect the deduction or other subtraction of the wages You have earned.

 

1. The Rights to Receive Your Earned Wages May Be Further Assigned. By using your Netspend Account, and upon each of your requests for an Earned Wage Payment, You warrant that only You hold the rights to your earned wages. You further warrant that You have not entered into any other agreement or transaction that could provide any person with rights to your wages. Assignee may assign its rights to your earned wages in connection with any Earned Wage Payment to any person, regardless of the time in relation to effecting any Electronic Payment.

 

1. Your Consent to Allow Netspend or Its Service Provider to Monitor Your Accounts to Enforce Netspend’s Rights; Warranties. By using your Netspend Account, and upon each of your requests for an Earned Wage Payment, You signify your consent to allow Netspend or Assignee to use any method that Netspend or Assignee, may select to monitor or otherwise collect information about your accounts for the purpose of enforcing Netspend’s rights under this Agreement. This means that You agree that Netspend or Assignee may collect data pertaining to Your Primary Bank Account or any other account in order to monitor transactions to allow Netspend or Assignee to assess whether You are using any other services provided by another party that could impair or obstruct Assignee’s rights to your assignment of your earned wages. You further agree that each warranty that You provide in Section III applies to each of your requests for an Earned Wage Payment.

 

• Netspend Mobile App and Your Netspend Account Terms of Use

• BINDING CONTRACTUAL TERMS

 

By downloading or using the Netspend App, including all Content (as defined below), available through Apple’s App Store, iTunes Store or the Google Play Marketplace and/or or by accessing the Service (as defined below), You signify that (a) You have read and understood these terms and conditions (“Terms of Use”); and (b) that these Terms of Use have the same force and effect as a signed agreement on paper.

The Services enable individuals meeting certain qualifications to use the Netspend App to request and obtain a Netspend Account, EFT services (e.g., transactions for Electronic Payments), and other financial products and services as may be offered or provided by Netspend from time to time. You affirm that You are at least 18 years of age and are fully able and competent, in accordance with applicable laws and

regulations, to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You also affirm You have not been previously suspended or removed from the Service. THE TERMS AND CONDITIONS OF THESE TERMS OF USE INCLUDE OUR TREATMENT OF YOUR NONPUBLIC PERSONAL INFORMATION, WHICH IS DESCRIBED IN THE NETSPEND PRIVACY POLICY. BEFORE USING THE SERVICE, PLEASE CAREFULLY READ THE NETSPEND PRIVACY POLICY, WHICH IS PART OF THIS AGREEMENT. ACCESSING, DOWNLOADING OR USING ANY PART OF THE SERVICES INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF USE AND PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THE TERMS OF USE AND PRIVACY POLICY, DO NOT USE OR OTHERWISE ACCESS THE SERVICES AND DELETE ANY DOWNLOADED APPLICATIONS AND MATERIALS IMMEDIATELY.

 

ARBITRATION NOTICE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND NETSPEND AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND NETSPEND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

Netspend reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. Netspend shall notify you in advance of Netspend’s election to exercise its right to discontinue the Services. Netspend shall not be liable to You or any third party in the event that Netspend exercises its right to modify or discontinue the any portion or all of the Service.

 

Netspend may change these Terms of Use at any time. If Netspend materially changes these Terms of Use, Netspend will let You know by showing the revised Terms of Use to You when You access the Services. If Netspend also notifies You via email, Netspend shall use the email address You have on file with Netspend, and Netspend shall not be liable for resending any returned email so long as Netspend uses the email address on its file.

 

• TERM

 

The Services shall be provided from the date on which You download or register for the Services and accept these Terms of Use, and the Services shall continue until terminated.

 

• AUTHORIZED USE OF THE SERVICE

 

Netspend hereby grants You permission to use the Services as set forth in these Terms of Use, provided that: (i) You will not copy, download or distribute any part of the Services in any form or medium without Netspend’s prior written authorization, except as permitted in this Agreement; (ii) You will not alter, modify, or make derivative works from any part of the Services without Netspend’s prior written authorization, except as permitted in this Agreement; and (iii) You will otherwise comply with these Terms of Use.

 

• RESTRICTIONS ON USE OF THE SERVICES

 

Netspend reserves all rights in the Services and the Netspend App not granted in these Terms of Use. Without limiting the foregoing, by using the Services You agree not to:

• use the Service or the Netspend App for any purpose other than for using the features Netspend intentionally provides or makes available to You;
  
• share your password, allow any person to access your account, or take any action or inaction that might jeopardize the security of your account;
• assign or transfer your account or login information to anyone;
• attempt to access the accounts of any user of the Service other than your own account;
• translate, modify or create derivative works of the Services or the Netspend App;
• upload, download, recreate, display, perform, post, reproduce or copy the Services or the Netspend App, except with the prior written consent of Netspend;
• resell or attempt to license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms of Use, the Services, the Netspend App or any Content, in whole or in part;
• modify, copy, distribute, download, scrape or transmit in any form or by any means any Content from the Services other than your content which You legally post on, through or in connection with the Service;
• attempt to derive the source code, source files, structure of the software, ideas or algorithms contained in the Services by reverse engineering, disassembly, decompilation or any other means;
• use the Services or the Netspend App except in accordance with all applicable law;
• introduce into the Services or the Netspend App any “malware,” such as, but not limited to, viruses, worms, and Trojan Horses;
• use deep-links, page or screen scrapes, web crawlers, web robots, spiders, wanderers, web scutters, or programs, algorithms or methodologies which do the same things in connection with the Services or the Netspend App, or use other automated processes to access or to use the Services;
• provide false personal information or create an account for anyone other than yourself without Netspend’s permission;
• create another account without Netspend’s permission, if Netspend had disabled your account;
• post, transmit or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, tortious, defamatory, vulgar, plagiarized, fraudulent, abusive, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law or be

invasive of another’s privacy;

• use the Services or the Netspend App in any manner that could damage, disable, undermine, overburden or impair the Services, the Netspend App or the servers on which they run, interfere with any other party’s use of the Services;
• upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Services, disrupt, interfere with or attempt to disrupt or interfere with the Services or Netspend or its service providers’ networks and systems,
  

disable or attempt to disable Netspend or its service providers’ firewalls or security software, or otherwise misuse the Services or the Netspend App; or

• use any of the logos, trademarks, service marks or other indicators of origin appearing on the Netspend App or Services.

Netspend will fully cooperate with any law enforcement authorities or court order requesting or directing Netspend to disclose the identity of anyone violating these Terms of Use.

 

Netspend believes in children’s online safety and does not wish to receive information regarding any individual who is under 18 years old. Therefore, You may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service or the Netspend App. If You are under 18 years of age, You may not submit any information to or use the Service or the Netspend App.

 

• PAYMENT AND FEES

 

As described in detail above in Part I, Section 6, Netspend may impose a Fee on You for use of the Services relating to any Electronic Payments. Under this Agreement, You shall be responsible for payment to Netspend of the applicable Fee, and your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as Netspend may specify. You authorize the payment of the Fee to Netspend from the Earned Wage Payment that You obtain from Netspend as set forth on the Netspend App. You represent and warrant that You are authorized to use Your Bank and Your Primary Bank Account that You furnish for Electronic Payments for the Services. However, Netspend shall not charge You solely for use of the Netspend App or to solely access your Account through another mechanism.

 

• SECURITY MEASURES

 

Netspend will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using the Netspend App. You shall protect the confidentiality and security of your Credentials, and You shall not allow any person to have access to or to use your Credentials.

 

Netspend is entitled (but not required) to apply security measures to protect the Services and the Content, and Netspend may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.

 

You shall immediately notify Netspend of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.

 

You shall immediately notify Netspend of any security breach involving the Services of which You become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to You becomes available to unauthorized persons through the Services.

 

In accordance with the Netspend Privacy Policy, Netspend is entitled to use nonpublic personal information processed on the Services, without limitation, to obtain technical, statistical, or other information. Any database of nonpublic personal information which Netspend may create out of the information on the Service from time to time will be part of the Content.

• INTELLECTUAL PROPERTY

 

Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Netspend or its service provider, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Netspend or its service provider owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for your information and personal use only. For your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Netspend reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download, or distribute any Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Netspend first expressly permits You to do so in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Netspend. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.

 

Netspend may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Netspend or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Netspend and its service providers a perpetual, non-exclusive, worldwide, royalty-free, fully

paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.

 

• WARRANTIES

 

You warrant and represent that, when using the Services:

 

1. The information You provide in any registration or application screen, profile, email, postings, telephone call or through other means including all personal details, contact details, or other data is true in all respects, up-to-date and not misleading in any way.

 

1. You shall not access the Services under false identity or pretext and will not use the Services to falsify your or any other person’s identity.

 

1. You shall use the Services lawfully and in good faith.

 

1. You shall keep your log-in credentials and passwords secure and shall not disclose otherwise share such information with any person.
   

• DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NETSPEND AND ITS SERVICE PROVIDERS (“NETSPEND PARTIES”), APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE NETSPEND PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE NETSPEND PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE NETSPEND PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE NETSPEND PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE NETSPEND APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE NETSPEND PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN,

1. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE,
2. BUGS, VIRUSES, TROJAN HORSES, DESTRUCTIVE COMPUTER CODES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (vi) LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE.

 

• INDEMNITY

 

YOU ACKNOWLEDGE THAT THE NETSPEND PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE NETSPEND PARTIES, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND

ATTORNEY’S FEES ARISING TO ANY OF THE NETSPEND PARTIES, APPLE, AND GOOGLE

AS A RESULT OF ANY CLAIM (INCLUDING CLAIMS OR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, PROPERTY DAMAGE, AND INJURY TO YOU OR TO THIRD PARTIES, CONSEQUENTIAL, COMPENSATORY, OR PUNITIVE DAMAGES), DEMAND OR PROCEEDINGS BROUGHT OR THREATENED AGAINST THE NETSPEND PARTIES, APPLE AND/OR GOOGLE IN CONNECTION WITH (i) YOUR USE OF, ACCESS TO, OR MISUSE OF THE SERVICE; (ii) YOUR BREACH OF ANY OF THESE TERMS OF USE; (iii) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; (iv) ANY CLAIM THAT ONE OF YOUR USER SUBMISSIONS CAUSED DAMAGE TO AN INDEMNIFIED PARTY OR A THIRD PARTY; (v) ANY TRANSACTION YOU CONDUCT AS A RESULT OF THE CONTACT FACILITATED BY THE SERVICE; OR (vi) ANY ACTIVITY RELATED TO YOUR APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OR OTHER INTERNET ACCOUNT, OR USING YOUR TELEPHONE NUMBER, EMAIL ADDRESS, OR PASSWORD BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR NETSPEND ACCOUNT, APPLE ID, GOOGLE ACCOUNT, MOBILE ACCOUNT, OTHER INTERNET ACCOUNT, TELEPHONE NUMBER, EMAIL ADDRESS, OR PASSWORD.

 

IF THE NETSPEND PARTIES, APPLE, AND GOOGLE DO TAKE ANY LEGAL ACTION AGAINST YOU AS A RESULT OF YOUR VIOLATION OF THESE TERMS OF USE, THE NETSPEND PARTIES, APPLE, AND GOOGLE WILL BE ENTITLED TO RECOVER FROM YOU, AND YOU AGREE TO PAY, ALL REASONABLE ATTORNEYS’ FEES AND COSTS OF SUCH ACTION, IN ADDITION TO ANY OTHER RELIEF GRANTED TO THE NETSPEND PARTIES, APPLE, AND GOOGLE.

 

• LIMITATIONS ON LIABILITY

 

IN NO EVENT SHALL THE NETSPEND PARTIES, APPLE AND/OR GOOGLE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM THE SERVICE OR THIRD PARTY PRODUCTS OR SERVICES, UNDER THESE TERMS OF USE OR IN CONNECTION WITH THEIR PERFORMANCE OR BREACH, OR IN CONNECTION WITH ANY WARRANTIES HEREUNDER, OR IN CONNECTION WITH THE SERVICE, INCLUDING FOR THEIR NEGLIGENCE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING ANY LOSS OF PROFITS OR SAVINGS OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF DATA, LOSS OF OPPORTUNITY, LOSS OR REPUTATION, GOODWILL OR BUSINESS, EVEN IF THE NETSPEND PARTIES APPLE, AND GOOGLE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

 

THE NETSPEND PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE NETSPEND PARTIES’ NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (iv) UNAUTHORIZED ACCESS TO OR USE OF NETSPEND’S OR ITS AFFILIATES’ SERVERS OR ANY AND ALL INFORMATION STORED THEREIN,

1. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
2. BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (vii) USER SUBMISSIONS, THIRD PARTY WEBSITES OR APPS, OR (viii) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
   

A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NETSPEND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

THE NETSPEND PARTIES, APPLE AND/OR GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU OR ANY OTHER PERSON MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM YOUR BREACH OF YOUR WARRANTIES OR OTHER OBLIGATIONS UNDER THESE TERMS OF USE, INCLUDING YOUR OBLIGATION TO KEEP YOUR CREDENTIALS SECURE OR FROM THE SHARING OF THESE DETAILS WITH ANY OTHER PERSON.

 

THE NETSPEND PARTIES’ MAXIMUM AGGREGATE LIABILITY FOR ANY SINGLE EVENT (OR A SERIES OF RELATED EVENTS) GIVING RISE TO A CLAIM IN CONNECTION WITH THESE TERMS OF USE OR IN RELATION TO THE SERVICE WILL BE LIMITED TO FIFTY DOLLARS (US $50.00).

 

A party will not be in breach of these Terms of Use, nor liable for any failure or delay in performance of any of its obligations under these Terms of Use where such failure or delay arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, shortage of raw materials or supplies, industrial action or strike, power outages, or electronic or communication network

breakdowns (“Force Majeure Events”). If a Force Majeure Event affecting the provision of the Service by Netspend occurs, Netspend will use reasonable efforts to notify users through the Service or through its website or by email communication.

 

• TERMINATION OF THE SERVICES

 

Netspend may terminate your access to and use of the Services without notice, in the event You (a) breach these Terms of Use or (b) misuse or challenge Netspend’s rights in the Content.

 

Netspend may at any time, and in Netspend’s sole discretion, discontinue the Services or modify the Services, and such action by Netspend may adversely affect the use of the Services. Netspend shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Netspend shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect your use of the Services. Netspend may give such notices through the Service or on its website or by email communications.

 

You acknowledge that removing the Netspend App from your mobile phone does not automatically terminate your rights to use the Services. You may, at any time, request termination of your use of the Services through the Netspend App.

 

Upon your request that your use of the Services be terminated:

1. your right to access and use the Service will immediately terminate; and

 

1. all of your personal information will be permanently deleted from the Service, provided that

 

1. copies of your data may remain stored for limited periods of time on back-up media which will be cleansed from time to time;

 

1. Netspend reserves the right to retain records of your personal information on the Service if it is reasonably required to keep such records for legal purposes including to comply with its legal or regulatory duties, to investigate and respond to complaints (including from other users), to enforce these Terms of Use or to defend itself against any claim or legal threat or allegations or if it requires to retain such data for other legitimate reasons; and

 

1. Netspend will be entitled to retain any data in non-personal information form which may have been extracted or obtained from your personal information including any aggregated, anonymized or otherwise de-personalized data.

 

• LINKS TO AND FROM THE SERVICE

 

The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Netspend. Netspend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.

Netspend will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE NETSPEND PARTIES, APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD- PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Netspend

encourages You to be aware when You leave the Service, and You should read the terms and conditions that apply to other websites You visit.

 

• ADVERTISEMENTS/RELEASE

 

Netspend takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Netspend is not liable for any loss or claim that You may have against an Advertiser.

 

YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE NETSPEND PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.

• ASSIGNMENT

 

Any rights and licenses granted to You under these Terms of Use may be transferred or assigned by You only with Netspend’s prior written consent. For any rights that Netspend may hold under any agreement as between Netspend and You, Netspend may assign its rights without restriction and without notice to You.

 

• DISPUTE RESOLUTION, MANDATORY ARBITRATION AND CLASS ACTION WAIVER

 

All claims and disputes, including all statutory claims and disputes, arising out of or relating in any way to these Terms of Use or your use of the Services shall be finally resolved by binding arbitration on an individual basis, except that You and Netspend are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This means that unless You opt out of arbitration as provided below or except for the equitable relief described in the previous sentence, neither Netspend nor You will sue in court before a judge or jury. Netspend and You are also agreeing that no dispute subject to the terms of this Section 16 will be resolved as a class. Instead, one neutral arbitrator will decide the dispute, and the arbitrator’s decision will be final except for a limited right of appeal under the Federal Arbitration Act. The arbitrator may award declaratory or injunctive relief only for the individual claims between Netspend and You.

 

The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with its rules of practice and procedure (the “Rules”) in effect at the time that the claim is filed, except to the extent the Rules conflict with these Terms of Use. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. Any claims or disputes involving less than US

$10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in- person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Netspend and You will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in New York, New York, provided that, if You notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Other than costs that Netspend is required to pay under the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator, except as otherwise provided in the Rules or if the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.

 

NETSPEND AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY

INDIVIDUALLY. Neither Netspend nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Netspend or You act(s) or propose(s) to act as a representative for others. Netspend and You also agree that no

arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Netspend, You, and every other party to that arbitration or proceeding.

 

You may opt out of the arbitration and class actions waiver set forth above by sending a written notice of your decision to opt-out in accordance with this Section 16. If you do so, neither You nor Netspend can force the other to arbitrate. To opt out, You must notify Netspend in writing no later than thirty (30) days after first becoming subject to these Terms of Use. Your notice must include your name and address, your username and the email address You used to set up your account for the Services, and an unequivocal statement that You want to opt out of this arbitration. Send your notice to:

 

NETSPEND– ARBITRATION OPT-OUT NOTICE

258 3rd Ave

Venice, CA 90291 EWAsupport@netspend.com

In the event of a dispute between You and Netspend, to invoke your opt-out right, You must retain a copy

of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period (e.g., within 60 days of the date that You first downloaded Netspend’s App).

 

If You elect to opt out, each of You and Netspend irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement

 

This Section 16 may be amended from time to time in accordance with these Terms of Use. If you did not opt out of mandatory arbitration as provided above, You may reject any change Netspend makes to this Section 16 by sending Netspend a notice within thirty (30) days after first becoming subject to the amended Terms of Use. Send your notice rejecting changes to this Section 16 to the address provided above. In the event of a dispute between You and Netspend, to invoke your right to apply an earlier version of this Section 16, You must retain a copy of your rejection notice, as well as proof of mailing of your rejection notice within the prescribed period. Netspend reserves the right to make additional amendments to this Section 16. If you wish to reject additional changes to this Section 16, You must notify Netspend in accordance with this Section 16 for each change in accordance with the terms hereof.

 

• EXPORT CONTROL

 

Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.

 

• THIRD PARTY BENEFICIARIES

 

YOU ACKNOWLEGE THAT EACH OF THE NETSPEND PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT, AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC.,

RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN NETSPEND AND ITS SUCCESSORS AND ASSIGNS AND YOU.

 

19. GENERAL TERMS

 

These Terms of Use constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Use are held by an arbitrator or a court to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. Each party acknowledges that it has not relied on or been induced to enter these Terms of Use by a representation other than those expressly set out in these Terms of Use.

 

Except as expressly permitted under these Terms of Use, no modification, alteration or waiver of any of the provisions of these Terms of Use will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Netspend’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

Nothing in these Terms of Use will create, or be deemed to create, a partnership or joint venture and will not be construed as giving rise to the relationship of principal and agent between the parties.

 

Neither Netspend nor Assignee is your employer for any purpose, including for any purpose of an employment relationship covered by any labor law, common law of employment, or tax law. Neither Netspend nor Assignee acts as an agent of your employer in making any Electronic Payment to You. Netspend does not act as an agent, a party to any joint venture, or as alter ego of your employer in any respect. Each Electronic Payment to You represents only a payment made in exchange for your intangible right to receive payments from your employer.

 

APPLE REQUIRED TERMS

 

1. Acknowledgement: Netspend and You acknowledge that the Terms of Use are concluded between Netspend and You only, and not with Apple, and Netspend, not Apple, is solely responsible for the Service and the content thereof.
2. Scope of License: The license granted to You for the Service is limited to a non-transferable license to use the Service on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Maintenance and Support: As between Apple and Netspend, Netspend is solely responsible for providing maintenance and support services, if any, with respect to the Service, as specified in the Terms of Use, or as required under applicable law. Netspend and You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service.
4. Warranty: As between Apple and Netspend, Netspend is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Service to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the relevant App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Netspend’s sole responsibility.
5. Product Claims: Netspend and You acknowledge that Netspend, not Apple, is responsible for addressing any claims by You or any third party relating to the Service or your possession and/or use of that Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
6. Intellectual Property Rights: Netspend and You acknowledge that, in the event of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, to the extent a warranty of non-infringement is not validly disclaimed, Netspend, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. Legal Compliance: You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a country or territory that is subject to a sanctions program (e.g., designated by OFAC); and (ii) You are not identified on any list prepared by the U.S. Government describing prohibited or restricted parties.
8. Developer Name and Address: Netspend may be contacted at in connection with any questions, complaints or claims with respect to the Service.
9. Third Party Beneficiary: Netspend and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against You as a third party beneficiary thereof.

 

ADDITIONAL TERMS RELEVANT TO GOOGLE INC.

 

1. THESE TERMS OF USE CONSTITUTE A LICENSE AGREEMENT IN LIEU OF ANY LICENSE GRANT PROVIDED BY GOOGLE TO USE THE APPS ON A SUPPORTED DEVICE. A “SUPPORTED DEVICE” IS A COMBINATION OF A MOBILE DEVICE RUNNING ANDROID SOFTWARE AND AN ANDROID SOFTWARE VERSION(S) THAT IS SUPPORTED BY THE NETSPEND MOBILE APPLICATION. THESE TERMS OF USE ARE MADE BETWEEN YOU AND NETSPEND ONLY, AND NOT WITH GOOGLE. NETSPEND IS SOLELY RESPONSIBLE FOR THE NETSPEND MOBILE APPLICATION.
2. THE GOOGLE PLAY MARKETPLACE IS OWNED AND OPERATED BY GOOGLE INC. YOUR USE OF GOOGLE PLAY IS GOVERNED BY A LEGAL AGREEMENT BETWEEN YOU AND GOOGLE CONSISTING OF THE GOOGLE TERMS OF SERVICE (FOUND AT HTTP://WWW.GOOGLE.COM/ACCOUNTS/TOS) AND THE GOOGLE PLAY TERMS OF SERVICE (FOUND AT HTTPS://PLAY.GOOGLE.COM/INTL/EN-US_US/ABOUT/PLAY- TERMS.HTML AND TOGETHER WITH THE GOOGLE TERMS OF SERVICE CALLED THE “TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
3. NETSPEND IS SOLELY RESPONSIBLE FOR PROVIDING, AND GOOGLE HAS NO OBLIGATION TO PROVIDE, MAINTENANCE AND SUPPORT FOR THE NETSPEND MOBILE APPLICATION. SUPPORT REQUESTS, AS WELL AS QUESTIONS, COMPLAINTS OR CLAIMS REGARDING THE NETSPEND MOBILE APPLICATION, MAY BE DIRECTED TO NETSPEND SUPPORT, 258 3rd AVENUE, VENICE, CA 90291. USERS MAY ALSO CONTACT US BY EMAIL AT EWASUPPORT@NETSPEND.COM.
4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE NETSPEND MOBILE APPLICATION, AND WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
5. GOOGLE SHALL NOT BE RESPONSIBLE FOR ADDRESSING ANY CLAIMS BY YOU OR ANY THIRD PARTY RELATING TO THE NETSPEND MOBILE APPLICATION OR YOUR POSSESSION AND/OR USE OF THE NETSPEND MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO (I) PRODUCT LIABILITY CLAIMS, (II) ANY CLAIM THAT THE NETSPEND MOBILE APPLICATION FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT, OR (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
6. GOOGLE SHALL NOT BE RESPONSIBLE FOR THE INVESTIGATION, DEFENSE, SETTLEMENT OR DISCHARGE OF ANY CLAIM THAT THE NETSPEND MOBILE APPLICATION OR YOUR POSSESSION AND USE THEREOF INFRINGES A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
7. YOU REPRESENT AND WARRANT THAT (I) THE SERVICE(S) WILL NOT BE DOWNLOADED OR USED IN, OR TRANSPORTED TO, A COUNTRY THAT IS SUBJECT TO A UNITED STATES GOVERNMENT EMBARGO OR HAS BEEN DESIGNATED BY THE UNITED STATES GOVERNMENT AS A “TERRORIST-SUPPORTING” COUNTRY, AND (II) YOU ARE NOT LISTED ON ANY UNITED STATES GOVERNMENT LIST OF PROHIBITED OR RESTRICTED PARTIES.
8. FOR THE IMPROVEMENT OF GOOGLE PLAY, GOOGLE MAY COLLECT CERTAIN USAGE STATISTICS FROM GOOGLE PLAY AND YOUR SUPPORTED DEVICE, INCLUDING BUT NOT LIMITED TO, INFORMATION ON HOW GOOGLE PLAY AND YOUR SUPPORTED DEVICE ARE BEING USED. THE DATA COLLECTED IS EXAMINED IN THE AGGREGATE TO IMPROVE GOOGLE PLAY FOR USERS AND DEVELOPERS AND IS MAINTAINED IN ACCORDANCE WITH GOOGLE’S PRIVACY POLICY. WE CAN NEITHER CONTROL NOR ARE RESPONSIBLE FOR THE PRIVACY PRACTICES OF GOOGLE. TO ENSURE THE IMPROVEMENT OF THE NETSPEND MOBILE APPLICATION, LIMITED AGGREGATE DATA MAY BE AVAILABLE FROM GOOGLE TO NETSPEND UPON NETSPEND’S WRITTEN REQUEST.
9. REMOVAL OF NETSPEND MOBILE APPLICATION. NETSPEND OR GOOGLE INC. MAY, AT ANY TIME AND WITHOUT NOTICE, RESTRICT, INTERRUPT OR PREVENT USE OF THE NETSPEND MOBILE APPLICATION, OR DELETE THE NETSPEND MOBILE APPLICATION FROM YOUR SUPPORTED DEVICE, WITHOUT ENTITLING YOU TO ANY REFUND, CREDIT OR OTHER COMPENSATION FROM NETSPEND OR ANY THIRD PARTY (INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).

IV. PRIVACY NOTICE

 

Netspend’s Earned Wage Access Privacy Notice (“Netspend’s Privacy Notice”) describes the treatment of personally identifiable information (sometimes defined as “nonpublic personal information”) about You when using your Netspend Account. By agreeing to the Privacy Notice and these Terms of Service, You are agreeing to all of the terms and conditions relating to the collection, use, or disclosure of personally identifiable information about You by either Netspend or by Assignee, in accordance with Netspend’s Privacy Notice. If there is a conflict between these Terms of Use and Netspend’s Privacy Notice, Netspend’s Privacy Notice shall have precedence with respect to the subject matter covered by it, and otherwise these Terms of Use shall have precedence.

V. ELECTRONIC COMMUNICATIONS AND DISCLOSURES

 

As explained in further detail in the Agreement for Electronic Transactions, authorization to electronically receive any and all communications or disclosures related to your Netspend Account, including any of the Services, an Electronic Payment, and any related products and services, is a condition of the Netspend Account. If you revoke your consent to receive such communications and disclosures electronically, you understand that we will immediately close your Netspend Account, including access to the Services and the ability to make an Electronic Payment.