Greenlight® Investment Advisors Terms of Service for Invest Account Services

Last Updated: September 2, 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 and any Secondary Cardholder (each  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. “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 broker-dealer 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. Community  Federal Savings Bank does not serve as an investment advisor or a broker dealer in connection with the Invest Account Services; any securities that are acquired by a Primary Accountholder 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”) 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, and child dark web monitoring services. 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 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”, and the  “Greenlight Max Plan”, or any future Card plans that expressly include the Invest Account Services (collectively, the “Card Plans”), which  are described in the Greenlight Terms of Service available on the Website. The Invest Account Services can be accessed through the Invest Application, which is a segregated module within the Greenlight Application. 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 and maintain 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 advisor, as further described in the Greenlight Investment Advisors  Non-Discretionary Asset Management Agreement (the “Advisory Agreement”). 

To participate in the Invest Account Services, you must have a Card Account in “Good  Standing,” which means that your Primary Account has completed the account  registration and verification process, your Primary Account and all SecondaryAccounts have a  positive balance, and your Card Account is current with respect to the payment of the  monthly subscription fee for the Card Plan you have selected as described in the  Cardholder Agreement (the “Monthly Fee”) and you have paid all other cardholder fees. You must also agree to a variety of separate agreements and disclosures which  are housed in the Greenlight “Policy Center” located in the footer of the greenlight.com Website or in the Settings page of the Greenlight Application  (the “Disclosure  Library”). These documents include, without  limitation, the Advisory Agreement, these Terms of Service, the DriveWealth Disclosures and Disclaimers, the DriveWealth Terms of Use, the DriveWealth Customer Account Agreement, the DriveWealth Cash Management Program Disclosure Statement, the DriveWealth Privacy Policy, and the Morningstar Disclosures.  Participation in the Invest Account Services is subject to approval by Greenlight  Advisors and DriveWealth, and the required Invest Account Services agreements and  disclosures are subject to change at any time. Any revisions to existing disclosures and  agreements or new disclosures and agreements will be posted in the Disclosure Library  on the Website and in the Greenlight Application.  

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. 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.  

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 account is canceled, closed, or terminated for any reason (either by you, Greenlight Advisors, or Greenlight), a wind-down fee of $1.00 or less may be charged to 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, then  you authorize Community Federal Savings Bank and Greenlight to disclose your  personal information to Greenlight Advisors and DriveWealth as necessary for  Greenlight Advisors and DriveWealth to provide the Invest Account Services and  any 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 ADVISOR 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 IS 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.  

Authorized Approver.  

These Terms of Service govern the legal relationship between Greenlight Advisors, on  the one hand, and the Primary Accountholder and each Secondary  Cardholder, on  the other hand. The Primary Accountholder has the ability at any time to assign certain responsibilities and obligations to a designee (hereinafter, the “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.  

Cardholder Agreement, Greenlight Privacy Statement and DriveWealth Privacy Policy.  

The Cardholder Agreement, the Greenlight Privacy Statement (“Privacy Statement”) and the  DriveWealth Privacy Policy are incorporated by reference into these Terms of Service. If  you do not agree to these Terms of Service, then do not register for or otherwise use  any of the Invest Account Services. Your use of the Invest Account Services constitutes  your acceptance of these Terms of Service. We may change or update these Terms of  Service at any time by posting such changes on the Website, including the Invest Web  Pages, and the Greenlight Application, including the Invest Application. It is your  responsibility to periodically review these Terms of Service for any changes. Your  continued use of the Invest Account Services after any changes are posted shall  constitute your acceptance of such changes. If you do not agree with any such  changes, you should promptly cancel your Invest Account Services.  

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 Secondary Cardholders is a natural  person; (ii) the Primary Accountholder is at least 18 years of age (or older if you reside  in a state where the age of majority is older); and (iii) access to or use of the Invest  Account Services by the Primary Accountholder and/or any Secondary  Cardholder  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 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 Greenlight 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.  

Minors as Secondary Cardholders.  

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

Conduct.  

As a condition of your use of Invest Account Services, the Invest Web Pages, and/or the  Invest Application, you warrant 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 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.  

Privacy.  

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  Policy, in a reasonable way at all times. Accordingly, you will not recklessly disclose or  publish your Personal Information. You also agree that you will, upon request from us,  immediately remove from your computer or mobile device any software that we notify  you poses a security risk. You are responsible for maintaining the confidentiality of any  password associated with your use of the Invest Account Services, as well as any  activity within the Invest Account Services using your password(s).  

Electronic Communication.  

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 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 support@greenlight.com. 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 support@greenlight.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 support@greenlight.com 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.  

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

Disclaimer of Warranties. 

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN 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 (collectively, the “Card Plans”). 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/terms#pricing table.  

Indemnification. 

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.  

Invest Account Terms & Conditions 

Greenlight Investment Advisors Privacy Statement 

DriveWealth Privacy Policy 

Community Federal Savings Bank Privacy Policy 

Greenlight Prepaid Mastercard Cardholder Agreement