Greenlight® Investment Advisors Terms of Service for Invest Account Services
Last Updated: December 20, 2022
Your use of the Invest Account Services (as defined below), including your use of the segregated Invest module (the “Invest Application”) of the Greenlight Financial Technology, Inc. (“Greenlight”) application for mobile phone, tablet or other portable devices (the “Greenlight Application”) and the Invest Account-related portions (the “Invest Web Pages”) of the Greenlight website located at www.greenlight.com (the “Website”), including, without limitation, the agreements and disclosures appearing in the Disclosure Library (as defined below), are subject to your compliance with these Greenlight Investment Advisors Terms of Service for Invest Account Services (the “Terms of Service”). These Terms of Service constitute a legally binding agreement between Greenlight Investment Advisors, LLC (“Greenlight Advisors,” “we,” “our,” or “us”) and you, the Primary Accountholder ( as defined below), and describes the terms under which you agree to use the Invest Application, the Invest Web Pages, the Disclosure Library and the Invest Account Services, regardless of how accessed, including by computer, mobile phone, tablet or any other device. The Invest Application, the Invest Web Pages and any portion of the Invest Account Services provided by Greenlight are licensed by Greenlight to Greenlight Advisors. “Invest Account Services” means the investment advisory services provided by Greenlight Advisors as a Securities and Exchange Commission (“SEC”) registered investment adviser and the brokerage services provided by DriveWealth, LLC (“DriveWealth”), an SEC-registered broker-dealer and member of Financial Industry Regulatory Authority, Inc. (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). An “Invest Account” is a Primary Accountholder’s brokerage account established with DriveWealth, with the assistance of Greenlight Advisors, to hold securities and cash from the sale of or for the purchase of securities. If the Primary Accountholder establishes an investing portfolio for more than one Secondary Cardholder, then the Primary Accountholder will need to be establish multiple Invest Accounts with Drivewealth - one for each Secondary Cardholder to be able to track those investment portfolios separately. In addition, the Primary Accountholder may have a separate Investment Account for their own investing purposes under the “Investing for Parents”or “Investing for Parents Lite” features which are further described below. Community Federal Savings Bank does not serve as an investment adviser or a broker dealer in connection with the Invest Account Services; any securities that are acquired by a Primary Accountholder (and the proceeds from the sale thereof held by or on behalf of DriveWealth) are not deposits or other obligations of Community Federal Savings Bank, are not guaranteed by Community Federal Savings Bank, and are not insured by the Federal Deposit Insurance Corporation (“FDIC”).
The Invest Account Services are being offered as an optional service under the Greenlight Prepaid Mastercard (the “Card” or “Greenlight Card”) program, which is issued to Primary Accountholders for use by Secondary Cardholders (as defined below) and governed by the terms and conditions of the Greenlight Prepaid Mastercard® Cardholder Agreement (the “Cardholder Agreement”). The Greenlight Card is issued by Community Federal Savings Bank (the “Bank”) and is operated, managed and marketed by Greenlight, which is the parent company and sole owner of Greenlight Advisors.
Greenlight Card Overview.
The Greenlight Card program is a prepaid debit card for kids, which, 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 Secondary Cardholder(s). The Greenlight Card program also offers additional services in a bundle through incremental monthly subscription fee tiers (and premium Card Plans), such as securities investing, cell phone insurance, Card purchase protection, credit monitoring, child dark web monitoring services, and safety feature such as family location sharing, SOS alerts, and automobile crash detection. Under the Greenlight Card program, “Primary Account” means the Primary Accountholder’s Card Account. The “Primary Accountholder” is the individual who opens and is responsible for the Card(s), the Primary Account, and any Secondary Account(s). A “Secondary Account” is a Card Account that serves as 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 Secondary Cardholder. A “Secondary Cardholder” is any individual who is authorized by the Primary Accountholder to use a Secondary Account. “Card Account” means the records that Community Federal Savings Bank maintains to account for the value of any loads and claims associated with each Card. Both Greenlight and Greenlight Advisors do not hold any consumer funds; any funds that you may add to your Card Account are solely held by Community Federal Savings Bank, and any funds that you may add/transfer to your Invest Account are solely held by DriveWealth.
Invest Account Overview.
The Invest Account Services are offered by Greenlight Advisors and DriveWealth to Primary Accountholders participating in the “Greenlight Core Plan”, “Greenlight + Invest Plan”, “Greenlight Max Plan” and “Greenlight Infinity Plan”, or any future Card plans that expressly include the Invest Account Services (collectively, the “Card Plans”), which are described in more detail in the Greenlight Terms of Service available in the “Policy Center” link appearing in the footer of the Website. The Invest Account Services can be accessed through the Invest Application, which is a segregated module within the Greenlight Application, licensed by Greenlight to Greenlight Advisors. Greenlight Advisors provides investment advisory services directly to Primary Accountholders through the Invest Application, and it utilizes Greenlight as a technical service provider to host the Invest Application and the Invest Web Pages on its behalf. To be clear, Greenlight does not provide any investment advisory services to customers; these services are solely provided by Greenlight Advisors, an SEC registered investment adviser, as further described in the Greenlight Investment Advisors Non-Discretionary Asset Management Agreement (the “Advisory Agreement”).
If you are eligible to participate in the Invest Account Services, you may move funds from your Card Account held at Community Federal Savings Bank to your Invest Account held at DriveWealth and back from your Invest Account to your Card Account. Funds transferred from your Card Account to your Invest Account will be available within two business days although in many cases transfers may be available much sooner. Funds transferred from your Invest Account to your Card Account will also be available within two business days although in many cases transfers may be available much sooner.
When you instruct Greenlight Advisors to fund your Invest Account at DriveWealth through the Invest Application, you are authorizing us to transfer the specified amount of funds from your Card Account to your Invest Account. When you set up recurring investments through the Invest Application, you also authorize us to transfer the corresponding amount of funds from your Card Account to your Invest Account. If you register for any new funding account(s) in the future through the Greenlight Application that you wish to connect to your Invest Account, you authorize us to transfer funds from those accounts to your Invest Account, and vice versa, in the manner previously described. When you instruct Greenlight Advisors to sell securities on your behalf through the Invest Application, you are also authorizing Greenlight Advisors to direct DriveWealth to sell the applicable securities, and, if you decide not to reinvest the proceeds from the sale of securities in new securities nor retain the funds in the DriveWealth Invest Account pending other securities acquisitions, and instead choose to withdraw them, you are authorizing Greenlight Advisors and DriveWealth to transfer the proceeds from such sale from your Invest Account at DriveWealth to your Card Account at Community Federal Savings Bank.
The Invest Account Services are marketed by Greenlight Advisors with different features depending on your Card Plan under the following names: (i) Investing for Kids; (ii) Investing for Parents, and (iii) Investing for Parents Lite. “Investing for Kids” is primarily an educational tool for Secondary Cardholders, which provides kids with access to research on more than 4,000 stocks and ETFs that can be purchased through the Application (collectively, “Equities”), pop-ups inside the Application that explain investing concepts and provide a glossary of commonly used investing terms, and short videos or educational nuggets which explain investing concepts. Under the “Investing for Kids” feature, a Secondary Cardholder can request the purchase or sale of Equities, including fractional shares of company stock, for an Invest Account tracked separately for each Secondary Cardholder, which will prompt a push message to the Primary Accountholder to approve or reject each proposed Equities transaction. In all cases, the Primary Accountholder (and not the Secondary Cardholder or child) will be the owner of the brokerage account established with DriveWealth for buying and selling Equities.
Under the “Investing for Parents” feature, each Primary Accountholder will be permitted to set up an Invest Account in the Primary Accountholder’s own name and will be able to access all of the features described in connection with the “Investing for Kids” feature above. This Invest Account established for the Primary Accountholder will be in addition to any Invest Account(s) that have been established for tracking purposes for a Secondary Cardholder; provided, however, that the Primary Accountholder will, in all cases, be the record owner of all Invest Accounts that are established for a Primary Accountholder or any related Secondary Cardholder, together with all Equities purchased for such Invest Account.
Under the “Investing for Parents Lite” feature, the Primary Accountholder will solely be able to invest in a select number of Exchange Traded Funds (“ETFs”) (initially 10) that have been chosen by Greenlight Advisors to represent different levels of risk matching the different risk tiers that are assigned by Greenlight Advisors based on the Primary Accountholder’s responses to initial screening questions regarding risk tolerance and investment horizon. However, if a Primary Accountholder initially enrolls in a higher tier Card Plan and purchases any Equities while under that Card Plan, then downgrades to the Greenlight Core Plan or any lower tier Card Plan (if one is implemented), the Primary Accountholder will be permitted to retain those Equities purchased under the Investing for Parents feature prior to the downgrade, but will not be able to increase the amount of their investments in those Equities unless they are also on the curated list of ETFs available under the “Investing for Parents Lite” feature. However, any Equities purchased prior to the downgrade under the Investing for Kids feature will be automatically liquidated following the downgrade. In addition, under the “Investing for Parents Lite” feature, the Primary Accountholder will only be able to use the Application to research the select ETFs that are available for purchase under that feature, and will not be able to take advantage of the full research capabilities that are available in the Invest Application. Further, the “Investing for Parents” and “Investing for Kids” features are only available to Card Accounts enrolled in the Greenlight + Invest Plan and higher tier plans (i.e., Greenlight Max Plan and Greenlight Infinity Plan), while the “Investing for Parents Lite” feature is only available for Card Accounts enrolled in the Greenlight Core Plan or any lower tier Card Plan (if one is implemented). The Invest Account Services are not available for any Card Accounts enrolled in the Greenlight Select Plan. Please keep in mind that only Primary Accountholders can own Invest Accounts although the Application will track Equities (as defined below) separately for each Secondary Cardholder for educational purposes. In addition, the Greenlight + Invest Plan is only available to Primary Accountholders (and related Secondary Cardholders) who were enrolled in such Card Plan before it was closed to new customers at the time that the Greenlight Infinity Plan was made publicly available.
If your Card Account is closed, your Invest Account will also be closed in accordance with the Advisory Agreement and these Terms of Service. In addition, your investments will be sold by DriveWealth and any proceeds, less applicable expenses and any unpaid fees, will be distributed to the Primary Accountholder. In the event your Invest Account is canceled, closed, or terminated for any reason (either by you or by Greenlight Advisors), a wind-down fee of $1.00 or less may be charged to any Invest Accounts with a balance amount less than $1.00. The wind-down fee will be deducted from your Invest Account balance(s).
If you select any Greenlight Card Plan that includes Invest Account Services, thenyou authorize Community Federal Savings Bank and Greenlight to disclose yourpersonal information to Greenlight Advisors and DriveWealth as necessary forGreenlight Advisors and DriveWealth to provide the Invest Account Services andany related services.
YOU ACKNOWLEDGE AND AGREE THAT COMMUNITY FEDERAL SAVINGS BANK IS NOT PROVIDING ANY OF THE INVEST ACCOUNT SERVICES INCLUDED IN THE CARD PLANS. COMMUNITY FEDERAL SAVINGS BANK DOES NOT SERVE AS AN INVESTMENT ADVISER OR A BROKER DEALER IN CONNECTION WITH THE INVEST ACCOUNT SERVICES. YOU ACKNOWLEDGE THAT GREENLIGHT ADVISORS AND DRIVEWEALTH ARE UNAFFILIATED THIRD PARTIES TO COMMUNITY FEDERAL SAVINGS BANK.
THE INVEST ACCOUNT IS NOT MAINTAINED BY COMMUNITY FEDERAL SAVINGS BANK, AND ANY SECURITIES OR FUNDS IN THE INVEST ACCOUNT ARE NOT DEPOSITS OR OTHER OBLIGATIONS OF COMMUNITY FEDERAL SAVINGS BANK, ARE NOT GUARANTEED BY COMMUNITY FEDERAL SAVINGS BANK, ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, AND ARE SUBJECT TO INVESTMENT RISKS, INCLUDING POSSIBLE LOSS OF THE PRINCIPAL AMOUNT INVESTED. YOU ACKNOWLEDGE AND AGREE THAT COMMUNITY FEDERAL SAVINGS BANK IS NOT LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND THAT MAY ARISE FROM, OR IN CONNECTION WITH, THE INVEST ACCOUNT SERVICES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY CLAIM THAT YOU MAY HAVE AGAINST COMMUNITY FEDERAL SAVINGS BANK RELATING TO THE INVEST ACCOUNT SERVICES.
These Terms of Service govern the legal relationship between Greenlight Advisors, on the one hand, and the Primary Accountholder, on the other hand. The Primary Accountholder has the ability at any time to assign certain responsibilities and obligations to a designee (hereinafter, the “Authorized Approver”), who is typically the spouse, partner, or trusted family relation of the Primary Accountholder. Unless these Terms of Service specify otherwise, all rights, privileges, and authorities of the Primary Accountholder under the Terms of Service are equally applicable to the Authorized Approver with the following exceptions: (1) the Authorized Approver cannot close the Primary Accountholder’s Invest Account(s); (2) the Authorized Approver cannot remove the Primary Accountholder from the Invest Account(s); and (3) the Authorized Approver cannot approve any Invest Account transactions, but the Authorized Approver can approve funds transfers to or from the Invest Account.
By designating an Authorized Approver, you, the Primary Accountholder: (1) represent that the Authorized Approver is over the age of eighteen (18); and (2) agree to accept full responsibility for the Authorized Approver’s limited use of the Invest Account Services, including without limitation any and all financial charges and legal liability that the Authorized Approver may incur on behalf of you and/or your Invest Account(s) as a result of their use of the Invest Account Services. You, the Primary Accountholder, can revoke the Authorized Approver’s authority at any time through the Greenlight Application.
Unless specified otherwise in these Terms of Service, the terms “you,” “your” and “yours” refer to the Primary Accountholder, the Authorized Approver (if any), and each Secondary Account Cardholder.
We reserve the right to change, modify, add to, discontinue, or retire the Invest Account Services and/or any aspect or feature of the Invest Account Services at any time. We will provide notice of any changes to the Invest Account Services by posting them on the Website including the Invest Web Pages, and the Greenlight Application, including the Invest Application. If you are not satisfied with any changes to the Invest Account Services, you have the right to change your Card Plan or terminate your Invest Account or Greenlight Account at any time as of the end of your monthly billing period as described under the heading “Card Plans and Features” in the Greenlight Terms of Service, which is available on the Website.
Representations and Warranties by Primary Accountholder and Authorized Approver
By using the Invest Account Services, the Primary Accountholder represents that (i) each of the Primary Accountholder and any Authorized Approver 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 age of majority is older); and (iii) access to or use of the Invest Account Services by the Primary Accountholder does not violate applicable laws. For further clarity, the Primary Accountholder (and not the Secondary Cardholder(s)) will be the owner of each Invest Account established with DriveWealth even though the Invest Application will track investment portfolios separately for each Primary Accountholder and/or Secondary Cardholder.
By signing up for a Primary Account, you, the Primary Accountholder, and Authorized Approver (if any), represent and warrant that you have provided us (or Greenlight) with your valid Social Security Number (or last 4 digits in some cases) and that any other identifying information that may be submitted by you in order to verify your identity as well as all billing information submitted by you is also true, correct, and complete. In
addition, you, the Primary Accountholder and Authorized Approver (if any), authorize your wireless operator to disclose your mobile number and other subscriber details, if available, to Greenlight, Greenlight Advisors and their service providers during the term of these Terms of Service, solely for identity verification and fraud avoidance purposes. Refer to the Privacy Statement for information about how we use your data.
By signing up a Secondary Cardholder for a Secondary Account, you, the Primary Accountholder, represent and warrant that any identifying information that may be submitted by you, the Primary Accountholder, regarding a Secondary Cardholder’s identity is also true, correct, and complete. We may restrict, suspend, or terminate your access at any time to the Invest Account Services, your Card Plan, the Invest Web Pages, and/or the Invest Application if we believe you have breached these Terms of Service.
As a condition of your use of Invest Account Services, the Invest Web Pages, and/or the Invest Application, you represent, warrant and covenant that you will not use the Invest Account Services, the Invest Web Pages, and/or the Invest 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 Invest Account Services, the Invest Web Pages, the Invest Application, or any user’s enjoyment of either the Invest Account Services, the Invest Web Pages, or the Invest Application by any means; (ii) attempt to gain unauthorized access to the Invest Account Services, the Invest Web Pages, the Invest Application, or any part of either the Invest Account Services, the Invest Web Pages, or the Invest Application, or other accounts, computer systems, or networks connected to the Invest Account Services, the Invest Web Pages, or the Invest Application; or (iii) disable, circumvent, or otherwise interfere in any way with Greenlight Advisors’ security-related features.
Authorization to Transfer from Invest Account.
Funds may be added to your Primary Account, called “value loading”, at any time, subject to any restrictions in the Greenlight Terms of Service and your Cardholder Agreement with the Bank. The initial value load, as well as each value reload, is referred to in the Greenlight Terms of Service as a “load.” In addition to the load methods set forth in those documents, your Primary Account may be loaded via a transfer from your Invest Account held at DriveWealth.
The Primary Accountholder and the Authorized Approver (if any) may load funds to your Primary Account by authorizing Greenlight Advisors, through the Invest Application, to direct the transfer of funds from your Invest Account to your Card Account. Such authorization shall be provided by the Primary Accountholder, or an Authorized Approver, as applicable, to Greenlight Advisors via the Invest Application. The Primary Accountholder shall remain liable for any funds transferred from the Invest Account to the Card Account, that is authorized by an Authorized Approver, regardless of whether such Authorized Approver may exceed the scope of their authority given by the Primary Accountholder.
In no event shall Greenlight, Greenlight Advisors or Community Federal Savings Bank be held liable for accurately processing any transfer from your Invest Account to your Card Account pursuant to a request and authorization received from the Primary Accountholder, the Authorized Approver, or any other third party accessing the Invest Application with the Primary Accountholder’s log-in access credentials.
Intellectual Property Rights.
By submitting any information to Greenlight Advisors through your access to and use of the Invest Account Services (each, a “Submission”), you are licensing that Submission to Greenlight Advisors solely for the purpose of providing the Invest Account Services, and you represent that you are entitled to do so for this purpose. Further, if you respond to any surveys or interviews about the Invest Account Services or provide feedback about any Greenlight Advisors prototype products and services (collectively, “Feedback”), then you agree that Greenlight Advisors, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the Invest Account Services. You hereby grant to Greenlight Advisors and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Submission and the Feedback in any manner for any purpose, whether in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Invest Account Services, the Invest Web Pages, and the Invest Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Invest Account Services, the Invest Web Pages, and the Invest Application.
PLEASE REVIEW THE PRIVACY STATEMENT CAREFULLY. You agree that we may use your Personal Information in accordance with our Privacy Statement, which is incorporated by reference into these Terms of Service. You expressly authorize Greenlight Advisors, its agents, and its employees to obtain various information about you (or about any minor child that you have enrolled) as we deem reasonably necessary or desirable in the course of delivering the Invest Account Services.
Moreover, by using the Invest Account Services, the Invest Web Pages, and/or the Invest 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 Invest Web Pages and/or the Invest 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 Statement, in a reasonable way at all times. Accordingly, you will not recklessly disclose or publish your Personal Information. You also agree that you will, upon request from us, immediately remove from your computer or mobile device any software that we notify you poses a security risk. You are responsible for maintaining the confidentiality of any password associated with your use of the Invest Account Services, as well as any activity within the Invest Account Services using your password(s).
A. Your Consent to Receive E-Communications. By opening your Invest Account and accepting these Terms of Service, you consent to receiving electronic communications, which include any disclosure, notice, agreement, statement, schedule of fees, explanation of services, inquiry responses, or any other communication regarding any account, product or service provided to you, directly or indirectly, by Greenlight, Greenlight Advisors, DriveWealth, and/or the Bank (collectively, “E-Communications”).
B. Email Addresses/Mobile Devices. You agree that we may provide E-Communications to you via email, via text message to a designated mobile device, or by posting them to the Invest Web Pages or delivering them to you via the Invest Application. E-Communications sent via email will be delivered to the email address registered to your Greenlight Account and/or Invest Account. If an E-Communication is
sent via email and is returned as undelivered, we may use any other email address that we have for you, or deliver the E-Communication to you via the Invest Application. You may update your email address or mobile device number within the Application or by emailing firstname.lastname@example.org. Unless otherwise required by law, you agree that any E-Communication will be deemed received by you when sent by any means set forth above.
C. Withdrawal of Consent. You may withdraw your consent to receive E-Communications by contacting Greenlight Advisors at email@example.com. The withdrawal of your consent to E-Communications will result in the immediate closing of your Invest Account and cessation of all related Invest Account Services. You may unsubscribe to marketing e-mail communications by clicking “Unsubscribe” at the bottom of any marketing email.
D. Printed Copies. You may contact firstname.lastname@example.org to request a paper copy of any communication provided electronically. Paper copies of electronic communications cost $4.99 per Invest Account, which will be deducted from your current Greenlight Account balance. Greenlight Advisors may, in its discretion, close your Invest Account and cease all related Invest Account Services in the event of routine or multiple requests for paper copies of E-Communications.
E. System Requirements. In order to properly access and retain your E-Communications you must have (i) a personal computer (with monitor) or mobile device capable of accessing the Internet, displaying visual content, and sending and receiving emails; (ii) access to a printer capable of printing copies of emails, Invest Web Pages or Invest Application content for your records (if you desire paper records); (iii) sufficient computer or mobile device hard drive, or cloud-based storage capability, capable of storing data, if you wish to store E-Communications; (iv) an Internet browser that supports 128-bit encryption; and (vi) a software program that accurately displays PDF files. For E-Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required, a free copy of which may be obtained from the Adobe website at www.adobe.com. If any of the above system requirements change, and we believe that such change may create a material risk that you will be unable to access E-Communications, Greenlight Advisors will notify you of the new hardware/software requirements.
F. Telephone and Text Communications. By opening your Invest Account and accepting these Terms of Service, you agree that we may call or send text messages to you regarding your Invest Account using any contact information relating to your Invest Account, including any telephone number (i) you have provided to us; (ii) from which you have called us; or (iii) which we obtained and at which we reasonably believe we can reach you. You agree we may call or text any of these telephone numbers using an automatic telephone dialing system or an artificial or prerecorded voice. You agree to promptly notify us if you change any telephone number contact you provide to us.
Limitation of Liability.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLIGHT ADVISORS (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; 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 PROVISIONS, 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 ADVISORS SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
NOTWITHSTANDING THE FOREGOING OR ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, IN NO EVENT SHALL THESE TERMS OF SERVICE CONSTITUTE A WAIVER OR LIMITATION OF ANY RIGHTS THAT YOU MAY HAVE UNDER FEDERAL OR STATE SECURITIES LAWS TO PURSUE A REMEDY BY OTHER MEANS IF AND TO THE EXTENT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED.
Choice of Law.
These Terms of Service and any Invest Account Services provided hereunder will be governed by and construed in accordance with the laws of the State of Delaware, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
Disclaimer of Warranties.
SUBJECT TO THE LAST PARAGRAPH UNDER THE HEADING “LIMITATION OF LIABILITY” AND EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS OF SERVICE, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE INVEST ACCOUNT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE INVEST ACCOUNT SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE INVEST ACCOUNT SERVICES IS AT YOUR OWN RISK.
Monthly Advisory Fees.
Greenlight Advisors charges each Primary Accountholder, who elects to receive the Invest Account Services, a monthly fee for investment advisory services (the “Monthly Advisory Fee”), which fee is set forth in the Advisory Agreement and is collected by the Bank through the monthly subscription fees (the “Monthly Cardholder Fees”). The Bank charges Primary Accountholders a monthly subscription fee at different price points for the various Card Plans that include the optional Invest Account Services provided by Greenlight Advisors and DriveWealth as well as a variety of other optional services. Although Greenlight Advisors charges each Client the Monthly Advisory Fee as a completely separate fee, the Bank collects such fee on behalf of Greenlight Advisors through the Monthly Cardholder Fees assessed under the Card Plans, for each Primary Accountholder who receives Invest Account Services, and it remits an amount equal to the Monthly Advisory Fee to Greenlight Advisors on a monthly basis. The Bank will deduct Monthly Cardholder Fees from each Card Account on each monthly anniversary of the date when a Primary Accountholder is issued a Card Account, and will collect the Monthly Advisory Fee for Greenlight Advisors at the same time. The Monthly Advisory Fee is non-refundable.
Your wireless carrier may charge fees for your data usage in connection with your use of Invest Account Services. The service fees for your Invest Account and your access to the Invest Account Services are unrelated to any other fees that may be charged to you by a third party arising from your use of Invest Account Services. Additional information about the fees for using the Invest Account Services are available in the Advisory Agreement which is located in the Disclosure Library, and additional information on the fees for using the Card Account are available at https://greenlight.com/fee-disclosures-load-limits/.
You agree to defend, indemnify, and hold harmless Greenlight, Greenlight Advisors, and their respective officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.
Term and Termination.
You understand and agree that Greenlight Advisors has the absolute right to terminate these Terms of Service, in Greenlight Advisors’ sole discretion, for any reason, at any time. You will be notified in the event that Greenlight Advisors exercises this termination right within five (5) business days of such decision, but the termination will be effective immediately, regardless of whether you have read or received such notification. Unless terminated by you, your enrollment in the Invest Account 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 Invest Account. A Primary Accountholder may close the Primary Account and/or any linked Secondary
Account(s) at any time according to the above procedures; if the Primary Account is closed, any linked Secondary Account(s) will also be closed. An Authorized Approver cannot close the Primary Account or any linked SecondaryAccount(s).
If your Card Account is closed or these Terms of Service are terminated, whether by you or Greenlight Advisors, your Invest Account will also be closed in accordance with the Advisory Agreement. In addition, your investments will be sold by DriveWealth and any proceeds, less applicable expenses, will be distributed to the Primary Accountholder. Your right to use and access the Invest Account 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 Advisors and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Greenlight Advisors is a party to these Terms of Service, and (ii) no third party, including any third-party partner or service provider of Greenlight Advisors, 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 Advisors, 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 Advisors, as a condition to your use of Invest Account Services, the Invest Web Pages, and/or the Invest Application, that your use of the Invest Account Services, the Invest Web Pages, and/or the Invest Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Invest Account Services, the Invest Web Pages, and the Invest Application for lawful purposes.
These Terms of Service, and all documents incorporated into these Terms of Service by reference including the documents linked below, constitute the entire agreement between you and Greenlight Advisors 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 Advisors Invest Advisory Agreement
Greenlight Investment Advisors Privacy Statement
Greenlight Prepaid Mastercard Cardholder Agreement