Greenlight Terms of Service
Last Updated: October 18, 2023
IMPORTANT NOTICE:
PLEASE READ THESE GREENLIGHT TERMS OF SERVICE (THE “TERMS OF SERVICE") CAREFULLY BEFORE USING THE GREENLIGHT SERVICES (DEFINED BELOW). THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “DISPUTE RESOLUTION; CLASS ACTION WAIVER.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND GREENLIGHT FINANCIAL TECHNOLOGY, INC. (“GREENLIGHT,” “WE,” OR “US”) AND MAY REQUIRE YOU TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION, AND NOT IN COURT. PLEASE READ THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION AND THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE GREENLIGHT SERVICES. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, YOU SHOULD NOT USE THE GREENLIGHT SERVICES.
Your use of the Greenlight website, greenlight.com (the “Website”), the Greenlight application for a mobile phone, tablet or any other portable device (the “Application”), and the Greenlight Services (defined below) are subject to your compliance with these Terms of Service. These Terms of Service constitute a legally binding agreement between Greenlight Financial Technology, Inc. (“Greenlight,” “we,” “our,” or “us”) and you, and describe the terms under which you agree to use the services, products, features, functions, technologies, or content offered on the Website, the Application, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, tablet or any other device (collectively, the “Greenlight Services”). “Greenlight Account” means the non-monetary service account in the Application, established by the Application User, through which the Greenlight Services are provided. “Application User” means any individual who uses the Website or the Application to access the Greenlight Services including, without limitation: (i) a Primary Accountholder (as defined below) with respect to an individual over the age of 18 who has been issued a Prepaid Account (as defined below), (ii) a Secondary Cardholder (as defined below) with respect to a child or minor under guardianship who is issued a Secondary Account associated with a Primary Account (as defined below), (iii) a Primary Cardmember (as defined below) with regard to an individual over the age of 18 who has been issued a Family Cash Card (as defined below); (iv) an authorized user of a Family Cash Card; and (v) any individuals who utilize free services provided by Greenlight from time-to-time through the Website, the Application, or otherwise. The Greenlight Account does not hold any consumer funds; any consumer funds related to the Greenlight Prepaid Account Program described in these Terms of Service are held in the Prepaid Account (as defined below) established and maintained by Community Federal Savings Bank on behalf of the Primary Accountholder, or in the Invest Account held by DriveWealth, LLC. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Unless specified otherwise in these Terms of Service, the terms “you,” “your” and “yours” refer to an Application User.
Greenlight Services Overview.
Greenlight Services include paid subscription services and free services provided by Greenlight and/or the applicable card issuer from time-to-time through the Website, the Application, or otherwise. Greenlight Services include, without limitation, the following services, products, features, functions, technologies, and content
A) Greenlight Prepaid Mastercard Account
Greenlight Services include a prepaid account service operated and managed by Greenlight that, among other features, provides the Primary Accountholder with the ability to control and monitor the Prepaid Card(s), including specifically the ability to set spending parameters and approve purchases for any Secondary Account(s). “Primary Account” means the Primary Accountholder’s Prepaid Account, which serves as the parent wallet for the receipt of value loads (as described below) and the vehicle to transfer funds to Secondary Accounts as described below. The “Primary Accountholder” is the individual who opens and is responsible for the Prepaid Account, including any Prepaid Card(s) issued for a Secondary Cardholder’s use, the Primary Account, and any Secondary Account(s). A “Secondary Account” is a Prepaid 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 Prepaid Card transactions initiated by a Secondary Cardholder. A “Secondary Cardholder” is any child or other individual for whom the Primary Accountholder serves as a legal guardian, custodian or trustee and who is authorized by the Primary Accountholder to use a Secondary Account. A “Prepaid Card” means the Greenlight Prepaid MasterCard issued to the Primary Accountholder by Community Federal Savings Bank (“CFSB” or the “Bank”) for a Secondary Cardholder’s use and governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement (the “Cardholder Agreement”). “Prepaid Account” means the records that Community Federal Savings Bank maintains to account for the value of any loads and claims associated with each Primary Account and Secondary Account.
B) Greenlight Family Cash Mastercard Accounts
Greenlight also markets the Greenlight Family Cash Mastercard, which is a rewards credit card issued by First National Bank of Omaha (the “Family Cash Card”) and governed by the terms and conditions of the Greenlight Family Cash Mastercard Cardmember Agreement (the “Cardmember Agreement”), the Summary of Credit Terms and the Rewards Program Terms & Conditions, among other agreements/terms & conditions (collectively, the “FCC Terms & Conditions”). You can find copies of the primary agreements governing the use of the Family Cash Card under the “Greenlight Family Cash Mastercard” link appearing in the “Policy Center” appearing on the footer of the home page of the Website and in the Settings of the Application.
The Greenlight Services also include the functionality made available under the Application for each owner of a Family Cash Card account (each, a “Primary Cardmember”), including, without limitation, the ability to perform the following activities (the “FCC Services”): (i) view their Family Cash Card statements; (ii) view their Family Cash Card balance and the last several transactions made with their Family Cash Card; (iii) pay their Family Cash Card statements using a linked Funding Account; (iv) lock or unlock their Family Cash Cards; and (v) add authorized users to their Family Cash Card account. If a Primary Accountholder terminates their Prepaid Account but still desires to retain their Family Cash Card, they can do so and their Application will automatically be converted to a limited functionality version of the Application, which solely supports the Family Cash Card. This version of the Application will continue to provide the Primary Cardmember and any authorized user with the ability to access to all of the FCC Services as amended from time to time by Greenlight.
C) Invest Account Services
These Terms of Service also cover the use of the Application to access the optional Invest Account Services (defined below) described in Schedule A. In order to offer the Invest Account Services, Greenlight Investment Advisors, LLC, a Delaware limited liability company and wholly-owned subsidiary of Greenlight (“Greenlight Advisors”), will serve as a Securities and Exchange Commission (“SEC”) registered investment adviser, and DriveWealth, LLC (“DriveWealth”) will serve as an SEC registered broker dealer and a member of Financial Industry Regulatory Authority, Inc. (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). Greenlight has no ownership interest in DriveWealth. Both Greenlight and Greenlight Advisors do not hold any consumer funds; any funds that you may add to your Prepaid Account are solely held by Community Federal Savings Bank, and any funds that you may add/transfer to your Invest Account (as defined below) are solely held by DriveWealth.
D) Cell Phone and Purchase Protection Services
In addition, Virginia Surety Company, Inc., an Illinois corporation (“Virginia Surety”) will provide certain insurance coverage services in connection with the Greenlight Max Plan and any higher tier plans as further described in Schedule A below. Greenlight has no ownership interest in Virginia Surety.
E) Credit & Dark Web Monitoring and Identity Restoration Services
Experian Information Solutions, Inc. and/or its affiliates (collectively, “Experian”) will provide certain credit monitoring, child dark web monitoring, and full-service identity restoration services in connection with the Greenlight Max Plan and any higher tier plans as further described in Schedule A below. Greenlight has no ownership interest in Experian.
Cardholder Agreement and Greenlight Privacy Statement.
The Cardholder Agreement and the Greenlight Privacy Statement (“Privacy Statement”) 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 Greenlight Services. Your use of the Greenlight 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 and the Application. It is your responsibility to periodically review these Terms of Service for any changes. Your continued use of the Greenlight Services after the effective date of any changes that are posted shall constitute your acceptance of such changes. If you do not agree with any such changes, you should promptly stop using the Greenlight Services and your Greenlight Account.
The Greenlight Services are meant to assist you in managing the spending activities of Secondary Cardholders and to provide other products and services in the family financial management category. The Greenlight Services are not intended to provide legal, tax, or financial advice (with the exception of the registered investment adviser services being provided by Greenlight Advisors as described in Schedule A). We reserve the right to change, modify, add to, discontinue, or retire the Greenlight Services and/or any aspect or feature of the Greenlight Services at any time, including the Greenlight Services that are being provided within a specific Card Plan (as defined in Schedule A). We will provide notice of any changes to the Greenlight Services or any particular Card Plan by posting them on the Website and the Application. If you are not satisfied with any changes to the Greenlight Services or the features included in your particular Card Plan, you have the right to change your Card Plan or terminate your Greenlight Account at any time as of the end of your monthly billing period as described under the heading “Card Plans and Features” appearing in Schedule A. Any changes to your Card Plan are subject to any limitation set forth in the Card Plan as further described in Schedule A.
Representations and Warranties by Primary Accountholder and Authorized Approver
By using the Greenlight Services, the Primary Accountholder represents that (i) each of the Primary Accountholder and any Secondary Cardholders is a natural person; (ii) the Primary Accountholder and Authorized Approver are at least 18 years of age (or older if you reside in a state where the age of majority is older than 18); and (iii) access to or use of the Greenlight Services by the Primary Accountholder or Authorized Approver and/or any Secondary Cardholder does not violate applicable laws. The Primary Accountholder represents that all Secondary Cardholders, which may include minors, are eligible to use Greenlight Services pursuant to these Terms of Service.
By signing up for a Primary Account, you, the Primary Accountholder, and Authorized Approver (if any), represent and warrant that you have provided us 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 is also true, correct, and complete. In addition, you, the Primary Accountholder and Authorized Approver (if any), authorize your wireless carrier to disclose information about your account and your wireless devices (including any Secondary Cardholder), if available, to Greenlight and its service providers during the term of this Agreement, solely to help them identify you or your wireless device(s) and to prevent fraud. 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, such as name and date of birth, that may be submitted by you, the Primary Accountholder, regarding the Secondary Cardholder’s identity is also true, correct, and complete. We may restrict, suspend, or terminate your access at any time to the Greenlight Services, your Greenlight Account, your Prepaid Account, any Card Plan, and/or the Application if directed by the card issuer or a Federal or State regulator having jurisdiction over the card issuer, or if we reasonably suspect that you have engaged in fraud, money laundering or other illegal activity, or if 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 Greenlight Services, you authorize us to make any inquiries, either directly or through third parties, including requiring you to provide documentation to us, either directly or indirectly, as we deem it necessary in our sole discretion to validate the information that you provide. Such inquiries may include engaging third parties to provide such services as age, 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 Greenlight Services. We reserve the right to request such information at the time of enrollment or at any time thereafter during which you are a Primary Accountholder. You acknowledge that these Terms of Service will apply to any Secondary Cardholder, and you hereby expressly accept these Terms of Service on behalf of any Secondary Cardholder you choose to link to your Primary Account. You further agree to and accept full responsibility for any of your Secondary Cardholder’s use of the Greenlight Services, including all financial charges and legal liability that a Secondary Cardholder may incur on behalf of your Greenlight Account and Prepaid Account
Conduct.
As a condition of your use of Greenlight Services, your Prepaid Account, the Website, and/or the Application, you warrant that you will not use the Greenlight Services, your Prepaid Account, the Website, and/or the Application for any purpose that is unlawful or prohibited by these Terms of Service. You understand, agree, and acknowledge that you may not, and warrant that you will not, (i) intentionally interfere with, alter, or damage operation of the Greenlight Services, your Prepaid Account, the Website, the Application, or any user’s enjoyment of either the Greenlight Services, their Prepaid Accounts, the Website, or the Application by any means; (ii) attempt to gain unauthorized access to the Greenlight Services, your Prepaid Account, the Website, the Application, or any part of either the Greenlight Services, your Prepaid Account, the Website, or the Application, or other accounts, computer systems, or networks connected to the Greenlight Services, your Prepaid Account, the Website, or the Application; or (iii) disable, circumvent, or otherwise interfere in any way with Greenlight’s security-related features.
Authorization to Debit Funding Account or Transfer from Invest Account.
Each Primary Accountholder and Authorized Approver may load funds to your Primary Account, called “value loading”, at any time, subject to any restrictions in these Terms of Service or your Cardholder Agreement with Community Federal Savings Bank. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” Your Primary Account may be loaded via (i) a debit card transaction from your Funding Account; (ii) an Automated Clearing House (“ACH”) debit transaction from your Funding Account; (iii) PayPal transactions using ACH or debit card as the underlying funding source when authorized by Greenlight for an Application User based on proprietary risk parameters; (iv) Venmo transactions using ACH or debit card as the underlying funding source when authorized by Greenlight for an Application User based on proprietary risk parameters; (v) a direct deposit of wages from an employer authorized by either you or a Secondary Cardholder; or (vi) a transfer from your “Invest Account” held at DriveWealth. A “Funding Account” is the Primary Accountholder’s or an Authorized Approver’s account at a third-party financial institution that is used (a) to add funds to the Primary Account as described in (i) and (ii) of the preceding sentence; or (b) to pay any amounts owed to First National Bank of Omaha “FNBO”), as card issuer, under the Family Cash Card Program in the manner described in the FCC Terms & Conditions.
The Primary Accountholder or an Authorized Approver (each, an “ACH Authorizer”) may load funds to the Primary Account by authorizing Greenlight, through the Application, to initiate a debit card transaction, an ACH transaction, a PayPal transaction (if permitted for the Application User), or a Venmo transaction (if permitted for the Application User), from any Funding Account for a specified amount either on a one-time or a recurring basis. In addition, the Primary Accountholder and the Authorized Approver (if any) may load funds to the Primary Account by authorizing Greenlight Advisors, through the Application, to direct the transfer funds from the Primary Accountholder’s Invest Account to the Primary Accountholder’s Prepaid Account. Such authorization shall be provided by the Primary Accountholder, or an Authorized Approver, as applicable, to Greenlight via the Application. BY CONNECTING A FUNDING ACCOUNT TO THE PRIMARY ACCOUNT, THE OWNER OF SUCH FUNDING ACCOUNT AUTHORIZES ANY PARTY WITH ACCESS TO THE PRIMARY ACCOUNT TO INITIATE LOADS FROM THAT FUNDING ACCOUNT. The Primary Accountholder shall remain liable for any value loading to the Primary Account, and any funds transfers from the Invest Account to the Prepaid Account, that is authorized by an Authorized Approver, regardless of whether such Authorized Approver may exceed the scope of his/her authority given by the Primary Accountholder. In no event shall Greenlight, Greenlight Advisors or CFSB be held liable for processing any value load or transfer from the Invest Account to the Prepaid Account requested and authorized by the Primary Accountholder, an Authorized Approver, or any other third party accessing the Application or Website with the Primary Accountholder’s log-in access credentials.
Loading by Debit Card.
The Primary Accountholder or an Authorized Approver may load the Primary Account by debit card. The minimum debit load amounts, if any, are described in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and may be updated from time to time.
Loading by ACH or Paying Family Cash Card Statements from Your Linked Funding Account.
The Primary Accountholder or an Authorized Approver may load the Primary Account by ACH from their linked Funding Account (as defined below). The minimum ACH load amounts, if any, are described in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and may be updated from time to time. In addition, Primary Cardmembers may pay any outstanding balances on their Family Cash Card from their linked Funding Account (as defined below).
Loading Your Primary Account Using PayPal or Venmo Transactions
The Primary Accountholder or an Authorized Approver may load their Primary Account by using PayPal or Venmo transactions if permitted for such Application User. The minimum and maximum PayPal and Venmo transaction limits, if any, are described in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application, and such limits may be updated from time to time.
ACH Debit Authorization
When processing a load transaction or scheduling a Family Cash Card payment, the Primary Accountholder, Authorized Approver or Primary Cardmember (each, individually, an “ACH Authorizer” under this ACH Debit Authorization) authorizes Greenlight and any other financial institution with whom we partner (each, a “Partner Bank”) to initiate a single (one-time) debit entry (each, a “Single Entry”), recurring debit entries, such as a recurring monthly load to a Primary Account or a recurring monthly payment for a Family Cash Card account, in each case for the same amount on the same date each month (each, a “Recurring Entry”), and subsequent debit entries (under a standing authorization) (each, a “Standing Authorization”), in each case by using the Application to direct the date and amount of the entry to the selected Funding Account(s) (and, if necessary, electronically credit the Funding Accounts to correct any erroneous debits) for the amounts requested from time to time by the ACH Authorizer for purposes of funding the Prepaid Account, or paying amounts owed to FNBO under the Family Cash Card account, by using the ACH electronic funds transfer network. In the case of a Recurring Entry for a load amount from a Funding Account to the Primary Account that repeats on regular intervals, the ACH Authorizer will designate the Funding Account(s), the amount to be loaded, and the frequency (e.g., weekly or monthly) through the Application. In the case of a Recurring Entry from a Funding Account to make Family Cash Card payments to FNBO that repeats on regular intervals, the ACH Authorizer will designate the Funding Account(s), the amount to be paid to FNBO, the routing transit number (RTN) and account number for the payment and the frequency (e.g., weekly or monthly) through the Application.
In addition, the ACH Authorizer provides Greenlight and the applicable Partner Bank with a Single-Entry Authorization to debit the Funding Account(s) for the amount of any unpaid Monthly Fees if such amounts are not available in the Primary Account. In the case of a standing authorization for funding transactions (other than auto funding transactions), the ACH Authorizer will be required to use the Application to designate the specific Funding Account (if there is more than one enrolled), and the amount of any subsequent debit entry(ies). In the case of a Standing Authorization for an auto-funding transaction such as a monthly recurring load to a Primary Account or a load to a Primary Account to fund a shortfall in an auto-funded allowance or an auto-funded Invest Account transaction, or a minimum monthly payment for any outstanding balances under the Family Cash Card, the Funding Account will be designated in advance by the ACH Authorizer through the Application and the amount of each subsequent debit entry(ies) will be determined by the Application as the amount necessary to complete the auto-funding event (e.g., monthly load amount determined in advance by ACH Authorizer or allowance shortfall calculated by the Application).
The ACH Authorizer authorizes Greenlight and the Partner Bank to continue to debit the Funding Account(s) for requested Prepaid Account loads and requested Family Cash Card payments until this authorization is revoked, which can be performed, in many cases, by changing the applicable setting on the Application, or, in all cases, by calling 1-888-483-2645. The ACH Authorizer understands that it may take Greenlight up to three (3) business days to process such a revocation. The ACH Authorizer acknowledges that debits to the Funding Account(s) under this authorization must comply with U.S. laws.
If there is no longer a Funding Account linked to your Greenlight Services, any unprocessed loads or payments will be canceled.
You certify that any account you add as the Funding Account is an account from which you are authorized to make payments, and any payment you make using the Greenlight Services will debit an account that you are legally authorized to use. Adding a bank transaction account to the Application to use as your Funding Account does not change any agreements that are in place with the financial institution offering that bank transaction account. Please review those agreements for any applicable fees, limitations on the number of transactions you can make, and for other restrictions that might limit your ability to use that account as your Funding Account for the Greenlight Services.
Additional terms apply to debit authorizations related to Primary Accountholders and Authorized Approvers Funding Accounts (as defined below).
Loading by Direct Deposit.
Any Secondary Cardholder may load their account by direct deposit of wages or salary paid by an employer of such party. A Secondary Cardholder’s direct deposit will be attributed to their Secondary Account. The maximum aggregate amount of payroll direct deposits to all Secondary Accounts per month is set forth on the “Load Limits” chart located in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application and the amount may be updated from time to time.
In order to receive direct deposit value loads, the Secondary Cardholder must provide their employer with the account number and routing number of the Secondary Account. You can obtain the account number and routing number for your Secondary Account by accessing such information from the Primary Accountholder’s profile settings page within the Application for the applicable Secondary Cardholder, or you can contact support@greenlight.com or call us at 1-888-483-2645 to obtain this information for the applicable Secondary Account. You may be asked for certain identifying details regarding the Secondary Account including the Secondary Cardholder’s full legal name and social security number, the employer’s legal name and employer tax identification number (EIN), and the phone number for the Primary Accountholder or Authorized Approver who is approving the direct deposit value load for the Secondary Cardholder.
By authorizing a Secondary Cardholder to load their Secondary Account by direct deposit, you, the Primary Accountholder or Authorized Approver, are authorizing the employer to deposit funds directly into the Secondary Account. The direct deposit agreement between you and/or the Secondary Cardholder, on one hand, and the employer, on the other hand, may include additional terms and conditions outside the scope of these Terms of Service or the Cardholder Agreement, and you authorize the Secondary Cardholder to accept those additional terms and conditions, which shall govern in the event of any inconsistency between such direct deposit agreement, on the one hand, and any provision of these Terms of Service or the Cardholder Agreement, on the other. Greenlight reserves the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or Social Security number) that we have on file for the Secondary Cardholder/payee.
Limitations on aggregate load amounts are set forth on the “Load Limits” chart located in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application, and associated fees, if any, can be found on the Fee Schedule in your Cardholder Agreement. Personal checks, cashier’s checks, and money orders sent to Community Federal Savings Bank or Greenlight are not acceptable forms of loading. You can obtain information on how to load your Primary Account within the Application. You will have access to initial and subsequent fund loads in accordance with the Community Federal Savings Bank funds availability policy unless Greenlight, in its sole discretion, makes funds available sooner for value loads made via ACH. The Primary Accountholder (and Authorized Approver, if any) are encouraged to use the Application to confirm when fund loads are available.
In addition to the above, in the event that the balance of your Prepaid Account is insufficient to cover any amount owed, whether such amount is owed to Community Federal Savings Bank or Greenlight, you authorize Greenlight and Community Federal Savings Bank to debit your Funding Account for such amount owed. In such an event, Greenlight will send the Primary Accountholder an electronic notification, which will state the amount to be debited. The Primary Accountholder may revoke such authorization at any time by terminating enrollment in the Greenlight Services.
Pay Link Functionality.
The Pay Link functionality provides a simple way for friends, relatives and third parties (other than Primary Accountholders and Authorized Approvers) to (i) send gifts or provide for the payment or reimbursement of money to a Secondary Cardholder for personal, family or household purposes (each, a “Consumer Payment”); and (ii) pay a Secondary Account for the purchase or lease of items or services from the Secondary Cardholder (each, a “Purchase Transaction”). Some examples of Consumer Payments under clause (i) include a payment to a Secondary Cardholder for a gift or to reimburse them for the cost of a shared meal, and some examples of Purchase Transactions under clause (ii) include a payment to a Secondary Cardholder for baby-sitting, mowing the grass, or walking the dog. If a Primary Accountholder has toggled on the Pay Link sharing button in the Secondary Cardholder’s profile settings page, then the Primary Accountholder or a Secondary Cardholder can use the Greenlight Services to generate a unique link to a payment acceptance page (each, a “Pay Link”) to share with friends, relatives and third parties in order to enable them to make payments directly to the Secondary Cardholder.
Whenever the sender of payment (the “Sender”) signs up to initiate a Pay Link transaction, the Sender will be requested to check a box to confirm whether the Sender is paying for an item or service from the Secondary Cardholder (a.k.a., Purchase Transaction). If the Sender checks the box to indicate a Purchase Transaction, then the Sender is representing and warranting to us that the Pay Link transaction is for a Purchase Transaction. If the Sender does not check the box for this option, then the Sender is representing and warranting to us that the Pay Link transaction is for a Consumer Payment. We track the dollar amount of Purchase Transactions made to each Secondary Cardholder, and, if necessary, either Greenlight or the Community Federal Savings Bank will make all necessary tax filings, including, without limitation, Form 1099-K filings with the IRS in the name of the Primary Accountholder if the aggregate amount of Purchase Transactions for all Secondary Cardholders associated with the same Primary Accountholder exceeds $600, or any future limit established by the IRS.
Pay link transactions are subject to certain minimum and maximum transaction limits, which are subject to change, as well as certain other terms, conditions and limitations, which are explained in more detail in the Pay Link Terms of Use, available at www.greenlight.com/pay-link/terms.. The Pay Link Terms of Use are incorporated by reference into these Terms of Service.
PLEASE REVIEW THE PAY LINK TERMS OF USE CAREFULLY BEFORE USING THE PAY LINK FUNCTIONALITY.
Promotional Programs.
Greenlight may from time to time offer loyalty, award or promotional programs (“Promotional Programs”) to Greenlight customers, including the “Referral Programs,” the “Advocate Programs” and the “Sweepstakes Programs” described below. If you participate in any of the Promotional Programs, the following additional terms apply.
At its discretion, Greenlight may permit, limit, suspend, or terminate your participation in any Promotional Program at any time. If you participate in a Promotional Program, you agree to do so in accordance with these Terms of Service, any additional terms related to the specific promotion and in a manner consistent with all applicable local, state, national, and international laws and regulations. In your communications with anyone regarding the Greenlight Services, including Referred Customers (as defined below), you may not directly or indirectly state or imply that you are an employee, intermediary, or agent, or are in any way authorized to legally bind Greenlight. You understand and agree that you will only contact individuals who have given you their consent to be contacted. You agree that you will participate in the Promotional Programs in ways that are respectful of the privacy of others, including refraining from spamming or engaging in otherwise unsolicited advertising or promotion of the Greenlight Services. You may not post referral information, including any referral code or link provided to you by Greenlight, on any event, coupon, discount, or related page or site. You also agree to participate in the Promotional Programs, and communicate with others about the Greenlight Services, in a truthful manner.
A. Referral Programs.
Greenlight may offer a Referral Program to certain Application Users. The terms and conditions of any specific Referral Program will be made available on the Website or the Application, and will be in addition to the terms and conditions of these Terms of Service. A “Referral Program” is an opportunity for you, the Application User, to promote and refer the Greenlight Services to potential customers (“Referred Customers”) with the intent that the Referred Customers will themselves start using the Greenlight Services. Any individual referred by you shall become a Referred Customer only if such individual (i) has not previously entered into an agreement with Greenlight to receive Greenlight Services; and (ii) has not been previously referred or introduced to Greenlight by another Greenlight customer.
Once Greenlight accepts the Referred Customer, you and/or the Referred Customer may be eligible to receive an award or benefit from Greenlight (a “Referral Reward”). Unless the terms and conditions of the particular Referral Program specify otherwise, a Referred Customer shall only be considered accepted once the Referred Customer (i) receives Greenlight Services through a Greenlight Account, as either a Primary Accountholder or Secondary Cardholder, for a period of not less than thirty (30) calendar days; and (ii) the Primary Accountholder on the Greenlight Account has paid their first monthly account service fee.
Notwithstanding the above, Greenlight may refuse to accept any Referred Customer, and such decision shall be at the sole discretion of Greenlight. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Greenlight. The specific Referral Rewards in effect at any time will be those posted and described within the Website or Application at the time the potential customer becomes a Referred Customer. Greenlight reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by Greenlight. You shall use the Referral Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any use other than the promotional purpose for which it was intended.
You agree that that you will properly disclose your relationship with Greenlight in all communications with Referred Customers regarding the Greenlight Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the Greenlight Services, may not directly or indirectly state or imply that you are a Greenlight employee, intermediary, or agent, or that you are otherwise a legal representative of Greenlight.
B. Advocate Programs.
Greenlight may offer an Advocate Program to certain Application Users.. An “Advocate Program” is an opportunity for certain users to engage directly with Greenlight and other Greenlight users, complete certain challenges designed by Greenlight, and earn rewards or benefits.
Invitations to join the Advocate Program are extended to fans of Greenlight Services, by Greenlight, from time to time. Greenlight users may also request to join the Advocate Program. If you join the Advocate Program, you will receive special communications from Greenlight through the Website, Application, email, or social media channels which may include: (i) requests to complete challenges, which upon completion may result in an award of certain benefits; (ii) requests to provide input on existing or new Greenlight services and features; and (iii) access to the online Greenlight advocate community, where Greenlight users can share thoughts on their Greenlight experience. Your participation in the Advocate Program does not guarantee the receipt of any associated benefits. Benefits associated with the Advocate Program are subject to change at any time and are provided at the sole discretion of Greenlight, and Greenlight may terminate the Advocate Program, or any aspect thereof, at any time with or without notice. You shall use the Advocate Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Advocate Program for any use other than the promotional and informational purposes for which it was intended.
C. Sweepstakes Programs.
Greenlight may offer a “Sweepstakes” to Application Users from time to time in order to promote or encourage the use of the Greenlight Services generally or specific product features. Some examples include a customer referral Sweepstakes, a customer survey Sweepstakes and a savings goal Sweepstakes. In order to enter a Greenlight Sweepstakes, you will typically be requested to participate in a promotional activity or you will be permitted to enter using a “no purchase necessary” alternative method of entry such as mailing your name and contact details on a postcard which includes the name of the Sweepstakes in the address line. All Sweepstakes prizes will be awarded by random drawing from among the eligible entrants. The odds of winning will vary by Sweepstakes but will be outlined in each individual Sweepstakes rules. Further, you will be required to complete and submit a signed Affidavit and Release in order to claim a prize if you are selected as a Sweepstakes winner. In addition, all federal, state, and local tax liabilities and any applicable fees associated with accepting a prize or participation in the Sweepstakes are the sole responsibility of the winner.
Intellectual Property Rights.
By submitting any information to Greenlight through your access to and use of the Greenlight Services (each, a “Submission”), you are licensing that Submission to Greenlight solely for the purpose of providing the Greenlight 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 Greenlight Services or provide feedback about any Greenlight protype products and services (collectively, “Feedback”), then you agree that Greenlight, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the Greenlight Services. You hereby grant to Greenlight 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 Greenlight Services, the Website, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Greenlight Services, the Website, and the Application.
Privacy.
PLEASE REVIEW THE PRIVACY 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, its agents, and its employees to obtain various information about you (or about any Secondary Cardholder that you have enrolled) as we deem reasonably necessary or desirable in the course of delivering the Greenlight Services. A Secondary Cardholder’s personal information, including but not limited to established spending parameters, pending transactions, approved purchases, and transaction history will be shared with the Primary Accountholder and Authorized Approver. A Secondary Cardholder may only prevent this sharing by closing his/her Secondary Account.
Moreover, by using the Greenlight Services, the Website, and/or the Application, you acknowledge and agree that perfect security does not exist, internet transmissions may not be secure, and that a third party may intercept information that you provide to or receive from the Website and/or the Application, despite our efforts to protect any such transmissions. You further agree you will protect your Personal Information, as that term is used in the Greenlight Privacy 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 Greenlight Services, as well as any activity within the Greenlight Services using your password(s).
Electronic Communication
A. Your Consent to Receive E-Communications.
By opening your Greenlight 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, including Promotional Programs, directly or indirectly, by Greenlight and/or Community Federal Savings 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 Website or delivering them you via the Application. E-Communications sent via email will be delivered to the email address registered to your Greenlight 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 Application. You must notify us of any change in your email address or mobile device number 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 at support@greenlight.com. The withdrawal of your consent to E-Communications will result in the immediate closing of your Greenlight Account and cessation of all related Greenlight Services.
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 Account, which will be deducted from your current Greenlight balance. Greenlight may, in its discretion, close your Greenlight Account and cease all related Greenlight 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, Website or 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 will notify you of the new hardware/software requirements.
F. Telephone and Text Communications
By opening your Greenlight Account and accepting these Terms of Service, you agree that we may call or send text messages to you regarding your Greenlight Account using any contact information relating to your 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.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT LIMITS GREENLIGHT’S LIABILITY TO YOU.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLIGHT (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; THE FAILURE OF MERCHANTS TO HONOR THE PREPAID CARD OR THE FAMILY CASH CARD, OR TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY 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 SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE PREPAID ACCOUNT.
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 DIFFERENT REMEDY IF AND TO THE EXTENT SUCH RIGHTS CANNOT BE WAIVED OR LIMITED.
Dispute Resolution; Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
Applicability of this Dispute Resolution Policy.
These Terms of Service are governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and Greenlight agree to submit all Disputes between us to individual, binding arbitration pursuant to the provisions in this “Dispute Resolution; Class Action Waiver” Section. A “Dispute” means any dispute, claim, or controversy (except those specifically exempted below) between you and Greenlight that in any way relates to or arises from any aspect of our relationship, including, without limitation, your use or attempted use of the Services, your Account, your relationship with us, and all matters relating to or arising from these Terms of Service, Greenlight’s Privacy Statement, or any other agreement between you and Greenlight, including the validity and enforceability of this agreement to arbitrate. A Dispute shall be subject to binding, individual arbitration regardless of whether it is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory. This includes claims that accrued before you entered into these Terms of Service. You understand that there is no judge or jury in arbitration and that court review of an arbitration award is limited.
Informal Negotiation Period.
Greenlight’s customer support department is available at 1-888-483-2645 or support@greenlight.com to address any concerns you may have regarding the Services or your Account. Most concerns are quickly resolved in this manner to our customers’ satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Greenlight agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute.
If Greenlight has a Dispute with you, it will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with Greenlight, you must notify us in writing at the following email address: support@greenlight.com, using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your Account, your cell phone number, and your residential mailing address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Greenlight what you want us to do to resolve the problem. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 30 days of good faith negotiation, are preconditions to either party initiating a lawsuit or arbitration. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Greenlight later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. If either of us commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Greenlight agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Greenlight authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on these Terms of Service and the notice of Dispute (if any) that you or Greenlight provided before commencing arbitration.
Binding Arbitration.
If a Dispute cannot be resolved through negotiations during the Initial Dispute Resolution Period, then either you or Greenlight may elect to have the Dispute finally and exclusively resolved by binding arbitration, unless an exception applies as stated below. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA Consumer Arbitration Rules in effect when the notice of Dispute is delivered to the other party (the “AAA Rules”), which Rules are available at www.adr.org/consumer, as modified by these Terms of Service. If, for any reason, AAA is unable to provide the arbitration, then except as otherwise stated below, you may file your Dispute with any national arbitration company that handles consumer arbitrations following procedures that are substantially similar to the AAA Rules.
If the amount of a Dispute does not exceed $25,000, then the Dispute may be resolved by the arbitrator through the submission of documents only (also known as a “desk arbitration”) without in-person or telephonic hearings. However, any party may still request a hearing, and an arbitrator might also determine that a hearing is necessary. Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the parties will work together to select a location for the arbitration hearing that will be mutually convenient for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to mutually agree upon the location for the arbitration hearing, then the arbitrator shall select the location in accordance with the AAA Rules.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Greenlight, and any award of the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall determine the scope and enforceability of this arbitration agreement, including whether a Dispute is subject to arbitration. The arbitrator has authority to decide all issues of validity, enforceability or arbitrability, including, but not limited to, where a party raises as a defense to arbitration that the claims in question are exempted from the arbitration requirement or that any portion of this agreement is not enforceable.
If a lawsuit filed in court includes claims or requests for relief that are arbitrable and claims or requests for relief that are not, you and Greenlight agree that any non-arbitrable claims or requests for relief shall be stayed pending the completion of the arbitration of the arbitrable claims or requests for relief.
Class and Collective Action Waiver.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND GREENLIGHT AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION, COLLECTIVE ACTION OR CLASS ARBITRATION, OR AS A PRIVATE ATTORNEY GENERAL. To the extent applicable law does not permit waiver of private attorney general claims, but permits them to be arbitrated, then such claims shall be resolved in arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity.
If any provision in this Dispute Resolution/Class Action Waiver Section of these Terms of Service are found to be unenforceable, that provision shall be severed with the remainder of this Dispute Resolution/Class Action Waiver Section of these Terms of Service remaining in full force and effect. The foregoing shall not apply to the prohibition against class or collective actions as provided for above. This means that if the prohibition against class or collective actions is found to be unenforceable for any reason, the entire Dispute Resolution Section of these Terms of Service (but only the Dispute Resolution/Class Action Waiver Section) shall be null and void.
Exceptions to Informal Negotiations and Arbitration.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the Services under these Terms of Service. Such claims are subject to the “Choice of Law; Venue for Non-Arbitral Disputes” clause below.
Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
30-Day Right to Opt-Out of Agreement to Arbitrate.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions in this “Dispute Resolution/Class Action Waiver” section of these Terms of Service by visiting www.greenlight.com/arbitration/opt-out, printing out, completing and signing the Greenlight “Arbitration Opt-Out Form”, and mailing the completed Form to the following address:
Greenlight Financial Technology, Inc.
Attn: Customer Service – Arbitration Opt-Out
303 Peachtree St. NE, Suite 4300
Atlanta, GA 30308
The Arbitration Opt-Out Form requests you to provide the following information: (i) Full Name; (ii) mailing address; (iii) email address; (iv) cell phone number (v) last four digits of your Greenlight Prepaid Mastercard Account number (if any) or Family Cash Card Account number (if any); and (vi) the URL address for the specific Terms of Service/Terms of Use in which you are opting out; and (vii) all of the same information for any child who had been issued Secondary Account attached to your Primary Account. The Arbitration Opt-Out Form must be sent to Greenlight within 30 days of the date in which you first accept these Terms of Service.
Arbitration Fees and Expenses.
Under the AAA Rules in effect on the effective date of these Terms of Service, if Greenlight is the claimant who makes a “Demand for Arbitration” (as defined in the AAA Rules), then Greenlight shall be responsible for paying all of the administrative fees of the arbitration including the non-refundable initial filing fees, the case management fees, the hearing fees and the arbitrator fees charged by the AAA. However, if you decide to become the claimant making a Demand for Arbitration against Greenlight, then you will be required to pay your portion of the non-refundable initial filing fees, but Greenlight will be required to pay the remainder of the administrative fees of the arbitration, including the remainder of the initial filing fees, the case management fees, the hearing fees and the arbitrator fees charged by the AAA. Please note that the AAA Rules, including the fee amounts and the allocation of the fees between the parties, are subject to change by the AAA at any time.
Except as described above for AAA administrative fees, each party shall be responsible and liable for its own fees and expenses in connection with any arbitration (or court proceeding to enforce an arbitral judgment) including, without limitation, its own attorney’s fees and expenses and the costs of required travel and any other expenses in connection with the arbitration proceeding. The expenses of witnesses for either side shall be paid by the party producing such witness.
Choice of Law; Venue for Non-Arbitrable Disputes.
Except as otherwise provided herein, your use of the Greenlight Services under these Terms of Service is governed by the laws of the State of Delaware, excluding its conflict of laws provisions, and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
For any claims not subject to binding individual arbitration, and which cannot be brought in small claims court as set forth above, you and Greenlight agree to submit to the exclusive jurisdiction of the state and federal courts in Delaware, and you and Greenlight consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible).
Claims excluded from arbitration are subject to the choice of law and forum selection clauses set forth in these Terms of Service.
Fees.
Community Federal Savings Bank and Greenlight may charge you a service fee for your Prepaid Account and your access to the Greenlight Services. Your wireless carrier may charge fees for your data usage in connection with your use of Greenlight Services. The service fees for your Prepaid Account and your access to the Greenlight Services are unrelated to any other fees that may be charged to you by a third party arising from your use of Greenlight Services. International Prepaid Card and Family Cash Card transactions, as applicable, will be subject to the currency conversion rates of the card network operator (Mastercard), as such may be in effect and applied by Mastercard at the time of the Prepaid Card transaction. Additional information about the fees for using the Greenlight Services is available in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application.
Indemnification.
You agree to defend, indemnify, and hold harmless Greenlight, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.
Notices.
Except as expressly set forth to the contrary herein, all notices given by you under this Agreement shall be in writing and addressed to:
Greenlight Financial Technology, Inc.
303 Peachtree St. NE, Suite 4300
Atlanta, GA 30308
Attn: Customer Service
Except as expressly set forth to the contrary herein, all notices given by Greenlight under this Agreement shall be given to you through written notice, email, or posting on the Website or Application.
Term and Termination.
You understand and agree that Greenlight has the absolute right to terminate these Terms of Service, in Greenlight’s sole discretion, for any reason, at any time. You will be notified in the event that Greenlight 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 Greenlight Services shall automatically continue indefinitely.
You, the Application User, may terminate these Terms of Service at any time by calling Greenlight Customer Service at 888-483-2645 and closing your Greenlight Account. A Primary Accountholder may close the Primary Account and/or any linked Secondary Account 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 Secondary Account(s).
A termination of these Terms of Service, whether by you or Greenlight, will also result in the cancellation of your Cardholder Agreement and your Prepaid Account.
Your right to use and access the Greenlight Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms of Service, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.
These Terms of Service are solely and exclusively between you and Greenlight and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Greenlight is a party to these Terms of Service, and (ii) no third party, including any third-party partner or service provider of Greenlight, has any obligations or duties to you under these Terms of Service.
Any waiver of our rights under these Terms of Service must be in writing, signed by Greenlight, and any such waiver shall not operate as a waiver of any future breach of these Terms of Service. Our failure to exercise any rights or enforce any of these Terms of Service is not a waiver of such right or term.
In the event any portion of these Terms of Service is found to be illegal or unenforceable, such portion shall be severed from these Terms of Service to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms of Service shall otherwise remain in full force and effect to the fullest extent permitted by law.
You warrant to Greenlight, as a condition to your use of Greenlight Services, the Website, and/or the Application, that your use of the Greenlight Services, the Website, and/or the Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Greenlight Services, the Website, and the Application for lawful purposes.
These Terms of Service, and all documents incorporated into these Terms of Service by reference including the documents linked below, constitute the entire agreement between you and Greenlight with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Service.
Greenlight Privacy Statement
privacy.greenlight.com/policies
Community Federal Savings Bank Privacy Statement
Greenlight Prepaid Mastercard Cardholder Agreement
Schedule A
Description of Card Plans and Ad Hoc Services
Card Plans and Features
You will be offered three different Greenlight Account plans and tiers of service to choose from, which correspond with the monthly Card Account fee tiers offered by CFSB (each, a “Card Plan” and collectively, the “Card Plans”). The base level Card Plan with the lowest “Monthly Fee” (as described in the Cardholder Agreement) is referred to as the “Greenlight Core Plan,” the mid-level Card Plan is referred to as the “Greenlight Max Plan,” and the Card Plan with the most features is referred to as the “Greenlight Infinity Plan.” The Invest Account Services will be available under all Card Plans other than the Greenlight Select Plan as described under “Invest Account Services” below.
In addition to the three Card Plans listed above that are available for enrollment at any time pursuant to the terms and conditions of the Cardholder Agreement and these Terms of Service, there are two other Card Plans, the “Greenlight Select Plan” and the “Greenlight + Invest Plan,” that are restricted by Greenlight and are only available under the limited circumstances outlined in these Terms of Service. The “Greenlight Select Plan” is available by invitation only to certain customers who receive their Prepaid Accounts through referral partners of Greenlight, and typically in connection with incentives or promotions provided by such referral partners. The “Greenlight + Invest Plan” is no longer available to new customers, but will remain available to any customers with existing subscriptions to this Card Plan. However, if any customer enrolled in the “Greenlight + Invest Plan” upgrades to the Greenlight Max Plan or Greenlight Infinity Plan, or downgrades to the Greenlight Core Plan or closes its account, the customer will not be able to re-enroll in the “Greenlight + Invest Plan.”
The Greenlight Core Plan includes all of the Greenlight Core Plan Services as described under “Greenlight Core Plan” below. The “Greenlight Select Plan” includes all of the Greenlight Core Plan Services with the exception that it does not include any Invest Account Services (as defined below). The “Greenlight + Invest Plan” includes all of the Greenlight Core Plan Services, together with all of the Invest Account Services as described under “Invest Account Services” below. The Greenlight Max Plan includes all of the Greenlight Core Plan Services and the Invest Account Services, together with all of the “Greenlight Max Plan Services” as described under “Greenlight Max Plan” below. Finally, the “Greenlight Infinity Plan” includes all of the features and functionality included under the Greenlight Max Plan, together with all of the additional features and functionality of the “Greenlight Infinity Plan Services” as described under “Greenlight Infinity Plan” below. Notwithstanding the foregoing, subject to certain terms and conditions described herein, the Greenlight Core Plan, the Greenlight Select Plan and the Greenlight + Invest Plan offer a 1.00% Greenlight Savings Reward and no Cash Back to Savings Reward, while the Greenlight Max Plan offers a 2.00% Greenlight Savings Reward and a 1.00% Cash Back to Savings Reward, and the Greenlight Infinity Plan offers a 5.00% Greenlight Savings Reward and a 1.00% Cash Back to Savings Reward. Both the Greenlight Savings Reward and the Cash Back to Savings Reward are included as additional bundled features under the applicable Card Plan at no additional cost to the Primary Accountholder other than the monthly subscription fee.
The pricing for all five card plans – the Greenlight Core Plan, the Greenlight Select Plan, the Greenlight + Invest Plan, the Greenlight Max Plan and the Greenlight Infinity Plan – are set forth in the Cardholder Agreement available in the “Policy Center” link appearing in the footer of the Website and in the settings of the Application. The Primary Accountholder is responsible for selecting the applicable Card Plan, and, once selected, the same Card Plan will apply to the Primary Account and all Secondary Accounts associated with your Prepaid Account. You will have the ability to switch Card Plans from time to time; provided, however, that you will not be able to enroll in the Greenlight Select Plan unless otherwise specified in these Terms of Service. If you elect to switch to a more expensive Card Plan, the Card Plan features applicable to the new Card Plan will become effective on your Greenlight Account on or before the next business day following such election. If you elect to downgrade your Card Plan to another Card Plan with a lower Monthly Fee, your Card Plan features on your Greenlight Account will be downgraded on your next Monthly Fee renewal date unless you elect to cancel the Card Plan downgrade prior to such Monthly Fee renewal date.
The features and functionality included in each Card Plan are subject to change at any time, and any such changes will be communicated on the Greenlight Website, the Application and in these Terms of Service. You can upgrade or downgrade your Card Plan at any time, but not more often than once each monthly billing cycle. You can also cancel your Prepaid Account at any time, but you will not be eligible for a partial refund of the unused portion of the Monthly Fee allocable to the remainder of your current monthly billing cycle.
Invest Account Services
With the exception of the Greenlight Select Plan, all of the Card Plans will provide you with access to Invest Account Services if you are eligible, as described below, and satisfy all of the requirements for enrollment. “Invest Account Services” means the investment advisory services provided by Greenlight Advisors as a Registered Investment Advisor and the brokerage services provided by DriveWealth as a broker-dealer.
To be eligible to participate in the Invest Account Services, you must have a Prepaid Account in “Good Standing,” which means that your Primary Account has completed the account registration and verification process, your Primary Account and all Secondary Accounts have a positive balance, and your Prepaid Account is current with respect to the payment of any Monthly Fee and all other cardholder fees. You must also agree to a variety of separate agreements and disclosures which are housed in the “Policy Center” link available on the Greenlight Website and in the settings of the Application. These documents include, without limitation, the Greenlight Advisors Non-Discretionary Asset Management Agreement (the “Advisory Agreement”), the Greenlight Advisors Invest 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, and the DriveWealth Privacy Policy. 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 and any new disclosures and agreements will be posted in the “Policy Center” link on the Greenlight Website and in the settings of the Application.
If you are approved to participate in the Invest Account Services, you may move funds from your Prepaid Account held at Community Federal Savings Bank to your Invest Account (also described as “Cash to Invest” in the Application) held at DriveWealth (“Invest Account”), and, subject to compliance with Greenlight Advisors’ and DriveWealth’s requirements, from your Invest Account to your Prepaid Account. Funds transferred from your Prepaid Account to your Invest Account will be available within two business days although, in many cases, transfers may be available much quicker. Funds transferred from your Invest Account to your Prepaid Account will also be available within two business days although, in many cases, transfers may be available much quicker.
If you elect to purchase a specific dollar value of securities through the Application, in order to facilitate the transfer of the necessary funds from your Prepaid Account to your Invest Account, you also authorize Community Federal Savings Bank to follow instructions from Greenlight Advisors to transfer funds from your Prepaid Account at Community Federal Savings Bank to your Invest Account at DriveWealth on your behalf. Since Community Federal Savings Bank is not a part of, and does not monitor, the transactions you initiate from your Invest Account, you authorize Community Federal Savings Bank to generally follow instructions received from Greenlight Advisors regarding transfers into or out of your Prepaid Account. You additionally authorize Community Federal Savings Bank to receive funds from DriveWealth for deposit into your Prepaid Account.
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 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 portion of the Application. Further, the “Investing for Parents” and “Investing for Kids” features are only available to Prepaid 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 Prepaid 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 Prepaid 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. Further, once a Primary Accountholder converts from the Greenlight + Invest Plan to another Card Plan, then the Greenlight + Invest Plan will no longer be available to such Primary Accountholder.
A. Greenlight Core Plan
If you select the Greenlight Core Plan, then you will have access to all of the Greenlight Core Plan Services that have made Greenlight the leader in the family finance category. “Greenlight Core Plan Services” means the Primary Accountholder’s use of the Greenlight Account and Application to control and monitor the Prepaid Card(s) that are issued to affiliated Secondary Accounts held by individuals for whom the Primary Accountholder is the parent or legal guardian, together with the features and functionality that are offered to the Primary Accountholder and Secondary Cardholders including, without limitation, the following.
Each Secondary Account has four primary purses or features: (i) Spend, (ii) Save, (iii) Give and (iv) Earn, which provide the following functionality:
Spend. Money deposited into the Spend feature of a Secondary Account is segregated through the Application and can be used for point-of-sale (POS) spending transactions. The Application allows you to further subdivide amounts on deposit in this Spend feature to additional discrete buckets or greenlights to further restrict spending at specific Merchants or Merchant Category Codes such as a restaurants, gas stations or ATMs.
This Greenlight feature allows the Primary Accountholder and any Authorized Approver to allocate store specific spending controls to a portion of the balance of the Spend feature for any Secondary Cardholder.
Save or “Savings Feature”. The Primary Accountholder or Authorized Approver may authorize transfers of funds to a Secondary Account based on controls determined by the Primary Accountholder for purposes of utilizing the savings purse or feature (“Savings Feature”). The Savings Feature is a tool in the Application which allows the Primary Accountholder or Authorized Approver to transfer funds from the Primary Account to a Secondary Cardholder’s segregated “savings” purse. Similarly, the Secondary Cardholder can set aside a portion of the Secondary Account’s available Spend balance into the “savings” purse. Once funds are allocated to the segregated Savings Feature (General Savings or Savings Goal) only the Primary Accountholder or Authorized Approver can transfer funds out of the segregated Savings Feature to another purse of the Secondary Account such as the Spend feature. The Primary Accountholder or Authorized Approver may also utilize the “Parent Paid Interest” feature to transfer funds to the Secondary Cardholder on a monthly basis as an “interest payment” on the Secondary Cardholder’s Savings Feature. These terms are used for the purpose of furthering financial literacy and do not refer to a “savings account” or “interest” in any legal sense. Neither Community Federal Savings Bank, nor Greenlight pays interest to a Secondary Account. The Secondary Cardholder does not have any claim against Community Federal Savings Bank or Greenlight for any interest, transferred or not transferred, to the Secondary Account by the Primary Accountholder for the Parent Paid Interest feature. In addition, each Secondary Cardholder is eligible to receive a monthly reward payment based on the average daily savings balance of their Savings Feature based on their applicable Card Plan as described below under Greenlight Savings Reward. Money deposited into the Save Feature of a Secondary Account is segregated through the Application from other deposits and used to help teach budgeting skills through additional features such as Parent Paid Interest, Savings Goals, and Greenlight Savings Reward.
Parent Paid Interest on Savings Feature. “Parent-Paid Interest,” or “PPI,” is another way to encourage savings by Secondary Cardholders. PPI is any amount that the Primary Accountholder or Authorized Approver may choose to transfer directly into a Secondary Cardholder’s Savings Feature (subject to CFSB’s Secondary Account balance limitations). PPI is not “interest” in any legal sense, and such term is merely used to promote financial literacy, encourage savings, and refer to a financial reward that a Primary Accountholder may choose to provide to a Secondary Cardholder. Neither Community Federal Savings Bank nor Greenlight pays PPI to a Secondary Account. The Secondary Cardholder does not have any claim against Community Federal Savings Bank or Greenlight for any PPI payment, transferred or not transferred, to the Secondary Account by the Primary Accountholder or Authorized Approver.
Savings Goals. You have the ability to establish savings goals for each Secondary Cardholder by describing the savings goal (e.g., item that child is saving for) and amount necessary to purchase such item, then tracking their progress toward reaching the savings goal as you or the Secondary Cardholder transfers amounts into that savings goal purse.
Greenlight Savings Reward. “Greenlight Savings Reward” or “GSR” is a financial incentive paid monthly by CFSB to incent Secondary Cardholders to increase the balance of their General Savings and Savings Goals. The amount of the monthly GSR incentive for each Secondary Account (the “Monthly Secondary Account GSR Incentive”) is equal to (i) the Annual Savings Reward Rate; multiplied by (ii) the average daily balance of the sum of all savings purses within such Secondary Account (i.e., General Savings + all Savings Goals) (the “Average Daily Savings Balance” or “ADSB”) for the previous month; divided by (iii) 12. The “Annual Savings Reward Rate” or “ASRR” will vary by Card Plan, but is equal to 1.00% for the Greenlight Core Plan and the Greenlight + Invest Plan and 2.00% for the Greenlight Max Plan.
The monthly GSR incentive for each individual savings purse in a Secondary Account will be calculated as (x) the Monthly Secondary Account GSR Incentive; multiplied by (y) the percentage ratio of such savings purse balance to the total balance of all savings purses in the Secondary Account as of the last day of the month (i.e., a percentage between 1% and 100%).
The GSR incentives will only be paid by Greenlight on a maximum Average Daily Savings Balance of $5,000 per month per Primary Account and related Secondary Accounts.
In the event that the Average Daily Savings Balance of all Secondary Accounts under a Primary Account exceeds $5,000 in a month, then the GSR incentive for that month will be calculated assuming that the Average Daily Savings Balance is $5,000 and allocated across all Secondary Accounts on a pro-rata basis by comparing the Average Daily Savings Balance of each Secondary Account to the Average Daily Savings Balance of all Secondary Accounts. Within each Secondary Account, the GSR will be allocated among savings purses in the manner described above.
In the event that the payment of the GSR incentive will cause the balance of a Secondary Account to exceed the maximum Secondary Account balance set forth in the Cardholder Agreement at the time of the GSR incentive payout, then the portion of any GSR incentive payment that would cause the Secondary Account balance to exceed the maximum Secondary Account Balance (the “Excess GSR Payment”) will be deposited to the Primary Account. If the deposit of the Excess GSR Payment into the Primary Account will cause the Primary Account balance to exceed the maximum Primary Account balance set forth in the Cardholder Agreement at the time of such deposit, then the amount of any Excess GSR Payment that would cause the Primary Account balance to exceed the maximum Primary Account balance will be distributed to other Secondary Accounts in the account family on a pro-rata basis based on their Average Daily Savings Balance during the month of calculation as described in the preceding paragraph, but excluding from such calculation the Secondary Account causing the Excess GSR Payment. If the Primary Account and all Secondary Accounts in the account family have reached their maximum account balance limits either immediately prior to or as a result of a partial payout of the GSR incentives, then no further GSR incentives will be deemed earned and paid for such month.
To qualify for the Greenlight Savings Reward, (i) the Primary Accountholder must have authorized Greenlight and the Bank (each, an “Originator”) to initiate debit entries to the Primary Accountholder’s Funding Account(s) for purposes of funding the Prepaid Account using the ACH network and those Funding Account(s) must be verified by Greenlight; and (ii) the Primary Account must be in “Good Standing.” To be considered in “Good Standing” (i) the Primary Account and all Secondary Accounts must have a positive balance; and (ii) the Primary Accountholder must be current on the payment of all monthly subscription fees. In analyzing clause (ii) of the definition of “Good Standing”, (x) any Primary Account during the initial one month free trial period will be deemed to be current on the payment of all monthly subscription fees; and (y) any Primary Accountholder whose monthly subscription fees are waived for any reason, such as negotiated agreements between Greenlight and referral partners, shall not be considered to be current on the payment of the Primary Accountholder’s monthly subscription fees until such time as the Primary Accountholder, or the referral partner on its behalf, starts paying monthly subscription fees after any monthly subscription fee waiver period ends. The GSR earned on the balances held in any savings purse for any month will be credited to such savings purse prior to the 5th day of the following month, and will appear as a credit in your Savings Reward History.
In the event that the Primary Account becomes deactivated at any time, then Greenlight shall have no obligation to make further GSR payments to the Primary Account or any related Secondary Account (i.e., credited to any savings purse) even if attributable to a prior month. In the event that any savings goal or Secondary Account within the Primary Account becomes deactivated at any time, then any GSR payments attributable to such saving goal or Secondary Account will be reallocated to general savings and other savings goals in the same Secondary Account (in the case of a deactivated savings goal) or other Secondary Accounts associated with the same Primary Account, and, if none, then Greenlight shall have no obligation to make GSR payments to the Primary Account for such month. Community Federal Savings Bank is not responsible for making any GSR payments for any balance held in either the Primary Account or any Secondary Account. At its discretion, Greenlight may, at any time, limit, revise, or terminate the GSR feature by amending these Terms of Service.
Round Ups for Saving. Each Secondary Account has the ability to direct the Application to round up purchase transactions to the next whole dollar and deposit the corresponding change into the General Savings purse of the Secondary Account. The Round Ups feature can be set up automatically or on a per transaction basis.
Give. Money deposited to the Give feature of a Secondary Account is segregated through the Application from other deposits in the Secondary Account and dedicated for charitable giving purposes. When you access the Give module of the Application you are provided with a list of categories of non-profit charities together with hyperlinks to Charity Navigator pages to help you research individual charities.
Earn. The Earn module describes a child’s allowance, including how much and when it will be paid, and it contains a child’s checklist of daily and weekly chores, if any.
Chores Management. You have the ability to select from a pre-filled list of chores or create your own chores for each child, set the frequency for chores to be completed and track whether or not they have been completed through weekly reminders to the Primary Accountholder.
Automated Allowance Payment. You have the ability to establish a periodic allowance payment schedule for each child, establish the day of the week in which allowance payments will be transferred from the Primary Account to the Secondary Account and determine whether the allowance payment will be transferred to the child’s Spend, Save or Give Account, or some combination of the above. Also, if you assign weekly chores, you can set up the Application to send you a notification that allows you to pause allowance payments if specified chores have not been completed.
Real Time Transaction Notifications. The Primary Accountholder will receive real time notifications whenever a Prepaid Account is used by a Secondary Cardholder to complete a point of sale transaction or an ATM transaction.
ATM Access and Controls. You have the ability to choose whether a Secondary Cardholder can withdraw funds at an ATM and set limits on the withdrawal amount.
Turn Card “On” or “Off” from the Application. If a Prepaid Card is lost or stolen, you can immediately disable the Prepaid Card on the Application, and then switch it back if you later discover that it wasn’t actually stolen.
Prepaid Account Balance Tracking. You have the ability to view your complete transaction history in your Spend, Save and Give purses for each Secondary Cardholder, which facilitates conversations about wants and needs and budgeting for future purchases.
The Greenlight Core Plan Services are subject to change at any time, and any such changes will be communicated on the Greenlight Website and in these Terms of Service.
Greenlight does not hold any consumer funds at any time; all funds that you may add to your Prepaid Account are solely held by CFSB.
B. Greenlight Select Plan
If you are invited to enroll in the Greenlight Select Plan, then you will have access to the Greenlight Core Plan Services with the exception of the Invest Account Services.
C. Greenlight + Invest Plan
If you select the Greenlight + Invest Plan, then you will have access to the Greenlight Core Plan Services and the Invest Account Services. As described above, in order to receive the Invest Account Services, you must also agree to a variety of separate agreements and disclosures which are housed in the “Policy Center” link on the Greenlight website at www.greenlight.com and available through the Greenlight application. These documents include, without limitation, the Advisory Agreement, and several agreements and disclosures provides by Drivewealth and Morningstar. 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.
If you select the Greenlight + Invest Plan or the Greenlight Max Plan, 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 related services.
You acknowledge and agree that COMMUNITY FEDERAL SAVINGS BANK IS NOT PROVIDING ANY OF THE INVEST ACCOUNT services INCLUDED in ANY OF THE CARD PLANS OR PROVIDING ANY INSURANCE or CREDIT AND CHILD monitoring serVices. 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, DriveWealth, Virginia Surety and Experian 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 principle 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, or any INSURANCE or credit AND CHILD monitoring 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 and the INSURANCE, credit AND CHILD monitoring services THAT ARE PART OF THE GREENLIGHT MAX PLAN SERVICES.
C) Greenlight Max Plan
If you select the Greenlight Max Plan, then you will have access to the Greenlight Max Plan Services. “Greenlight Max Plan Services” means the Greenlight Core Plan Services (including Greenlight Savings Reward at a higher rate), the Invest Account Services, Cash Back to Savings, Portable Device Protection, Purchase Device Protection-Damage & Theft, Credit Monitoring, Child Dark Web Monitoring, Full Service Identity Restoration, Custom Cards, Concierge Level Customer Service, and any Value Added Features that may be included under the Greenlight Max Plan in the future.
Cash Back to Savings.
“Cash Back to Savings” or “CBS” is a financial incentive paid monthly by CFSB to reward Secondary Cardholders for purchases made with their Prepaid Card. Cash Back to Savings will only be available to subscribers under the Greenlight Max Plan. The amount of the monthly Cash Back to Savings reward is equal to (i) 1.00%; multiplied by (ii) the total dollar value of posted Prepaid Card purchase transactions during the prior month. The Cash Back to Savings reward will be paid on or before the 5th day of each month for Prepaid Card purchase transactions that are posted before the end of the prior month. Please note that purchase transactions are “posted” when the transaction settlement is processed by the merchant acquirer and the funds for a purchase transaction are withdrawn by the applicable payment network. A debit purchase transaction may take several days to post, and, while we wait for the payment network to withdraw the corresponding funds, the transaction will be described as “pending” or similar language in your transaction history. Afterwards, the transaction will be described as “spent” or similar language. To be clear, the Cash Back to Savings reward will not be earned for ATM transactions or for certain blocked merchant category codes (MCCs), which are subject to change at any time at the discretion of the Greenlight and the Bank. The blocked MCCs may include, without limitation, Money Transfer (4829); Manual Cash Disbursements (6010); Quasi Cash Merchants (6051); Government Owned Lotteries (7800); Internet Gambling (7801); Government Licensed Horse/Dog Racing (7802); Gambling Transactions (7995); and Horse Racing; and Dog Racing and Non-Sport Internet Gaming (9754). To qualify for the Cash Back to Savings reward, (i) the Primary Accountholder must have authorized the Originator to initiate debit entries to the Primary Accountholder’s Funding Account(s) for purposes of funding the Prepaid Account using the ACH network and those Funding Account(s) must be verified by Greenlight; and (ii) the Primary Account must be in “Good Standing” (as defined under Greenlight Savings Reward above). The Cash Back to Savings reward earned on purchase transactions will be credited to the Secondary Cardholder’s General Savings purse. If the Primary Account becomes deactivated at any time, then Greenlight shall have no obligation to make further Cash Back to Savings payments to the Primary Account or any related Secondary Account (i.e., credited to the General Savings purse) even if attributable to a prior month. In the event that any Secondary Account within the Primary Account becomes deactivated at any time, then any Cash Back to Savings reward payments attributable to such Secondary Account will be reallocated to other Secondary Accounts associated with the same Primary Account, and, if none, then Greenlight shall have no obligation to make Cash Back to Savings payments to the Primary Account for such month. Community Federal Savings Bank is not responsible for making any Cash Back to Savings reward payments for any purchase transactions made with a Prepaid Card. At its discretion, Greenlight may, at any time, limit, revise, or terminate the Cash Back to Savings reward feature by amending these Terms of Service.
In the event that the payment of the Cash Back to Savings reward will cause the balance of a Secondary Account to exceed the maximum Secondary Account balance set forth in the Cardholder Agreement at the time of the Cash Back to Savings reward payout, then the portion of any Cash Back to Savings reward payment that would cause the Secondary Account balance to exceed the maximum Secondary Account Balance (the “Excess CBS Payment”) will be deposited to the Primary Account. If the deposit of the Excess CBS Payment into the Primary Account will cause the Primary Account balance to exceed the maximum Primary Account balance set forth in the Cardholder Agreement at the time of such deposit, then the amount of any Excess CBS Payment that would cause the Primary Account balance to exceed the maximum Primary Account balance will then be distributed to the general savings purse of each of the other Secondary Accounts in the account family on a pro-rata basis. If the Primary Account and all Secondary Accounts in the account family have reached their maximum account balance limits either immediately prior to or as a result of a partial payout of the Cash Back to Savings reward, then no further Cash Back to Savings rewards will be deemed to be earned and paid for such month.
Greenlight Savings Reward. Please see “Greenlight Savings Reward” under the “Greenlight Core Plan Services” for a detailed description of this feature. Note that, under the Greenlight Max Plan, the Annual Savings Reward Rate is increased to 2.00%.
Portable Device Protection
Portable Device Protection is an optional service that provides insurance coverage for the repair or replacement of covered Portable Devices in the event the device is lost, stolen or damaged. Coverage is provided by Virginia Surety, and starts on the first day of the month following your upgrade to the Greenlight Max Plan.
There is a $25.00 deductible per claim. Coverage is subject to certain limitations and exclusions which are detailed in the Guide to Protection Benefits, which can be found in the Disclosure Library on the Greenlight Website. To be eligible for coverage, your Prepaid Account must be active; all Monthly Fees for your Prepaid Account must be current; and you must download and use the Application on the covered Portable Device.
Coverage for Portable Device Protection is not available to residents of the State of New York.
Purchase Protection – Damage & Theft
Purchase Protection is an optional service that provides insurance coverage for the repair or replacement of items purchased with a Covered Card in the event the item is damaged or stolen. Coverage is provided by Virginia Surety, and starts on the first day of the month following your upgrade to the Greenlight Max Plan.
Coverage is subject to certain limitations and exclusions which are detailed in the Guide to Protection Benefits which can be found in the Disclosure Library on the Greenlight Website. To be eligible for coverage, your Prepaid Account must be active; Monthly Fees for your Prepaid Account must be current; and you must download and use the Application.
Credit Monitoring, Child Monitoring and Full Service Identity Restoration
The Credit Monitoring and Child Monitoring Service is an optional service provided by Experian and/or its affiliates (collectively, “Experian”), which provides the following benefits and is subject to the following limitations:
The Credit Monitoring Service generates an initial credit report and VantageScore credit score for the Primary Accountholder after the Primary Accountholder’s successful authentication. Your credit score is calculated on the VantageScore 3.0 model. Your VantageScore 3.0 from Experian indicates your credit risk level and is not used by all lenders, so don't be surprised if your lender uses a score that's different from your VantageScore 3.0.
The Credit Monitoring Service monitors the Primary Accountholder’s credit files for key changes on a periodic basis and alerts the Primary Accountholder of those changes.
The Child Monitoring Service provides child identity protection services for up to five (5) Secondary Cardholders who are individuals under the age of 18.
In order to establish the Child Monitoring Service and access associated reports, the Primary Accountholder will be required to provide verifiable evidence to Experian that he or she is the parent or legal guardian of the Secondary Cardholder.
The Child Monitoring Service monitors for the trading and/or selling of a Secondary Cardholder’s stolen personal information by searching illegal trading sites including the dark web, networks, chat rooms, and thousands of websites and millions of data points.
If provided by the Primary Accountholder to Experian during the set up process, Experian can search illegal trading sites for the following types of personal information belonging to the Secondary Cardholder: social security number, driver’s license number, passport number, email address, telephone number, medical ID number, credit/debit account numbers, and bank account numbers.
If a Primary Accountholder or a Secondary Cardholder’s identity is compromised, under the full-service identity restoration service,
you will be assigned a dedicated restoration agent who will work with you to get you’re your identity back on track. The restoration process could include the following steps:
Assistance with filing a police report;
Contacting government agencies such as the Social Security Administration;
Contacting credit bureaus to remove a fraudulent credit report; and
Contacting medical providers to change the Secondary Cardholder’s medical ID number.
All of these services are subject to certain limitations and exclusions which are detailed in Experian’s Terms of Use, Privacy Policy, and other legal agreements and disclosures, which the Primary Accountholder will be required to accept as a condition to the receipt of such services.
Concierge Level Customer Service
Concierge Level Customer Service provides you with priority customer support and shorter wait times when our customer service platform recognizes your cell phone number and its association with a subscriber of the Greenlight Max Plan or any higher-level Card Plan.
Other Value-Added Features
If you select the Greenlight Max Plan, you may be offered additional products and features under the Greenlight Max Plan from time to time, which will be explained in more detail on the Greenlight Website, the Application, and in these Terms of Service.
E. Greenlight Infinity Plan
If you select the Greenlight Infinity Plan, then you will have access to the Greenlight Infinity Plan Services. “Greenlight Infinity Plan Services” means the Greenlight Core Plan Services, the Invest Account Services, and the Greenlight Max Plan Services (including Cash Back to Savings and Greenlight Savings Rewards), together with the following incremental safety features (the “Safety Features”), which are further described below: (i) Family Location Sharing, (ii) SOS Alerts, and (iii) Crash Detection. In addition, the Greenlight Infinity Plan Services include any Value-Added Features that may be included under the Greenlight Infinity Plan in the future.
(1) Safety Feature Permissions and Other Requirements
In order to provide you with access to the Safety Features, we will collect, or utilize third party providers on our behalf to collect information and measurements from your mobile data enabled phone, tablet or other portable device (each, a “Registered Device”), which you have enrolled to receive the Safety Features. While each Safety Feature has unique access and setting requirements, we will describe those requirements collectively below due to the significant overlap. Also, in many cases, you will be requested to provide separate device permissions for each Safety Feature as you individually enroll each Registered Device.
To utilize the Safety Features, you will need to provide us with access to location, sensory and motion data from your Registered Device, including information from the gyroscope, accelerometer, and digital compass if the applicable sensors are available on your Registered Device. In addition, you will need to allow us to provide push notifications and you will need to exclude the Application from any battery optimization settings on your Registered Device. Finally, each Registered Device must have access to a mobile data network that is enabled for mobile data at all times for the Safety Features to work properly. We also recommend that you enable WiFi at all times on your Registered Device(s), which will help to improve the accuracy of the Safety Features.
The Safety Features, and any associated reporting, relies on the proper functioning of Registered Devices (including internal sensors), wireless communications networks, and Global Positioning System (GPS) satellites, among other variables outside our control. Greenlight is not responsible or liable for any failures or delays in the Safety Features due to any of the above causes or other features beyond our control.
In addition to the factors described above, there are a variety of other factors outside of our control that may affect the accuracy of the Safety Features including the following:
Your Registered Device is not powered on;
Your Registered Device is not connected to a mobile data network or your connection is weak;
Your device permissions (e.g., access to location, sensory and motion data, and push notifications) on your Registered Device are toggled off or not working properly;
Your WiFi on your Registered Device is turned off; and
The battery level on your Registered Device drops to such a level that your Registered Device activates battery saving mode (typically at 20% or below depending on device type and operating system);
Your Registered Device enters sleep mode after a period of inactivity.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH FAMILY MEMBER ENROLLED IN A SAFETY FEATURE (OR THEIR PARENT OR LEGAL GUARDIAN ON THEIR BEHALF), ACKNOWLEDGES AND AGREES THAT GREENLIGHT SHALL NOT BE LIABLE FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SAFETY FEATURES, INCLUDING BUT NOT LIMITED TO, DAMAGES SUFFERED BY ENROLLED FAMILY MEMBERS FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE ENROLLED FAMILY MEMBER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (B) ANY INJURIES TO PERSONS OR DAMAGE TO PROPERTY RELATED TO AN ENROLLED FAMILY MEMBER’S USE OF THE SAFETY FEATURES, INCLUDING, BUT NOT LIMITED TO, INJURIES TO PERSONS OR PROPERTY RELATED TO USE OF ANY SAFETY FEATURES SUCH AS CRASH DETECTION OR SOS ALERTS. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to enrolled family members to the extent prohibited by applicable law.
(2) Family Location Sharing
The “Family Location Sharing” feature allows any enrolled participants in a family, including the Primary Accountholder, an Authorized Approver, and any Secondary Cardholders, to use the Application to discover the location of other enrolled family members. The Family Location Sharing feature also allows each enrolled family member to choose which other enrolled family members can see their location by toggling their name “on” or “off” in the settings. If you are trying to locate another enrolled family member who hasn’t set up location sharing yet or who has blocked your ability to track their location (assuming both of you are enrolled participants), you can initiate an SMS message through the feature settings to encourage them turn on the Family Location Sharing feature and allow you to see their location. Since you can only share your location on one Registered Device, each enrolled participant should enroll the Registered Device they use the most to access the Application.
The Family Location Sharing feature requires each enrolled family member to download the Application and allow various permissions requested during the set-up process for the Family Location Sharing feature to be enabled on each enrolled family member’s Registered Device, including location and motion data. The Family Location Sharing feature may not work correctly if these device settings and permissions are not properly configured and enabled, or if your Registered Device is not connected to a mobile data network.
(3) SOS Alerts
If you choose to enroll in the “SOS Alerts” feature, you will be asked to set up the feature for each Registered Device individually, and you will be requested to allow various permissions on such Registered Device(s), such as activating motion sensors and enabling location settings. The SOS Alerts feature may not work correctly if these device settings and permissions are not properly configured and enabled, or if your Registered Device is not connected to a mobile data network.
Whenever you push the SOS Alerts button from inside the Application (on the home screen), you will be requested to select from a list of registered family members and the local 911 provider to be notified of your SOS Alert. However, if you slide the SOS Alerts notification from the Application login screen, we will automatically notify the local 911 provider and all registered family members. You will not be able to customize the recipient list for any SOS Alerts that are generated from sliding the SOS Alerts notification on the Application login screen, but you will be able to customize the recipients list if you activate the SOS Alerts button from within the Application home screen.
The SOS Alerts button can be accessed on the Application home screen or by using the slider on the login screen, but the location of the button is subject to change at any time as we make updates to the user experience. As an example, we recommend that you use the SOS Alerts feature when: (i) you are feeling unsafe or in danger; (ii) you are experiencing a medical emergency; or (iii) you are involved in an accident. Please note that activating the SOS Alerts feature is not a substitute to contacting 911 directly in the case of a true emergency as time is typically of the essence when an emergency occurs. After you press the SOS Alerts button on your Registered Device, whoever you have elected to receive emergency notifications from the Registered Device (e.g., both individuals and emergency services) will be notified of your location and that you may need help. However, you, or any family member who receives an SMS message that an SOS Alert has been activated, can promptly cancel the SOS Alert by responding to the SMS.
The Primary Accountholder, on behalf of itself and any enrolled Secondary Cardholders, agrees that, as a condition to using the SOS Alerts feature and related services, the Primary Accountholder has read and agrees to abide by the terms and conditions of the Rapid SOS End User License Agreement, as amended from time to time (the “RapidSOS EULA”),which can be found under the “Policy Center” link in the footer of the Website.
When reviewing the RapidSOS EULA, please note that the term “Subscriber” refers to the “Primary Accountholder” and any enrolled “Secondary Cardholders” under these Terms of Service and the term “Subscriber Agreement” refers to these Terms of Service.
IntheeventtheSOS Alerts featureisactivatedforanyreasonoutsidetheneedforlegitimate emergency assistance (each, a “False Alarm”), the enrolled subscriber will be responsible for any fines, fees, costs, expenses andpenalties assessedagainst the subscriber, Greenlight, or any third-party service provider utilized by Greenlight to provide the SOS Alerts, byanycourt, governmental agency, or municipality in connection with such False Alarm.
(4) Crash Detection (Driving)
The “Crash Detection” feature allows us to detect potential car accidents for any enrolled participants in a family, including the Primary Accountholder, the Authorized Approver, and any Secondary Cardholders. We will monitor whenever a Registered Device is in a moving vehicle, whether as a driver or a passenger, and detect a possible car accident.
In order to activate the Crash Detection feature, you will be asked to set up the feature for each Registered Device individually, and you will be requested to allow various permissions on each Registered Device, such as activating motion sensors and enabling location settings. In addition, the Crash Detection feature will not operate properly without a fully operational accelerometer and GPS sensor on your enrolled device. If you don’t allow the requested permissions on the Registered Device or turn them off, or if your Registered Device is not connected to a mobile data network, the Crash Detection feature will not work correctly.
Please note that the Crash Detection feature will only be activated when:
Your Registered Device is in your possession at the time of the car accident;
You Registered Device has a fully operational Accelerometer and GPS Sensor, which are activated;
You are in a vehicle driving over 10 mph;
The vehicle has traveled at least 0.50 miles;
Your phone battery has more than 20% charge remaining; and
You have mobile data turned on or you have an active WiFi connection.
If we detect a car accident, an emergency services dispatcher will attempt to contact you by phone, SMS or push message to confirm that an accident actually occurred. If a car accident is confirmed, the dispatcher will attempt to connect you with a local emergency services provider (e.g., 911). If we cannot reach you within a short period of time to confirm that an accident has occurred, we will attempt to contact emergency services on your behalf.
In addition to attempting to contact the enrolled family member who was potentially involved in a car accident, we will also send an SMS to the Primary Accountholder and to any emergency contacts they have listed in order to alert them that a potential car accident has occurred, provide the name of the enrolled family member who was involved, and encourage them to contact the affected family member to make sure that they are safe.
With respect to any crash detection or reporting functionality associated with the Crash Detection feature, although Greenlight intends to successfully detect all auto crashes, not all crashes will be detected and some non-crashes may be falsely reported by this Crash Detection feature. Greenlight does not warrant or guarantee that the Crash Detection feature will detect and/or report all crashes (or that it will avoid any false positives) or that emergency assistance will be provided in the event of any collision.
(5) 5% Greenlight Savings Reward and 1% Greenlight Cash Back to Savings
Under the Greenlight Infinity Plan, the Annual Savings Reward Rate for the Greenlight Savings Reward will be increased to 5.00%. Please see “Greenlight Savings Reward” under the “Greenlight Core Plan Services” for a detailed description of this feature.
You will also be eligible to receive a monthly Cash Back to Savings reward in an amount equal to (i) 1.00%; multiplied by (ii) the total dollar value of posted Greenlight Card purchase transactions during the prior month. Please see “Cash Back to Savings” under the “Greenlight Max Plan Services” for a detailed description of this feature.
(6) Other Value-Added Features
If you select the Greenlight Infinity Plan, you may be offered additional products and features under the Greenlight Infinity Plan from time to time, which will be explained in more detail on the Greenlight Website, the Application, and in these Terms of Service.
F. Ad Hoc Products and Services
In addition to the three different Card Plans, there are other Ad Hoc products and services offered by Greenlight and/or CFSB in exchange for the payment of a separate fee. These Ad Hoc products and services include the following (as amended from time to time):
(1) Greenlight Gift
A “Greenlight Gift” is a simple way for relatives and friends (the “Gifter”) to provide cash loads as gifts to a Primary Accountholder or a Secondary Cardholder for any occasion. In order to provide any current Primary Accountholder or Secondary Cardholder a Greenlight Gift, the Gifter must take the following steps.
Visit https://gift.greenlight.com
Create and customize your Greenlight Gift message to the recipient.
Select how you’d like to send the Greenlight Gift to the recipient (via text, email, or printed copy of the confirmation).
Complete checkout.
Your gift redemption code will be delivered directly to the recipient, and the recipient will need to redeem this code within their Application to accept the Greenlight Gift.
Once the Gifter completes a Greenlight Gift purchase, the Gifter will be sent an email confirmation with the details of the Greenlight Gift that was purchased as well as the message that accompanied the Greenlight Gift. If you selected “Email” or “Text” as the delivery method, the gift redemption code will be sent directly to the recipient. If you selected “Print” as the delivery method, you’ll need to print the page with the gift redemption code and give it to the recipient.
(2) Custom Card Feature
(i) General
Greenlight offers the “My Card Creation” service subject to the following terms and conditions. These terms and conditions are in addition to those found in your Cardholder Agreement. The Primary Accountholder and each Secondary Cardholder agrees to these terms, and Greenlight reserves the right to modify the terms at any time in its sole discretion. Greenlight also reserves the right to terminate the My Card Creation service at any time.
The My Card Creation service allows you to upload a personal image to Greenlight for customizing the Card issued pursuant to your Cardholder Agreement. Greenlight has the sole discretion to accept or reject any image. The “Image Guidelines” below will help you choose an acceptable image. If your image does not meet these image guidelines, or if we reject it for any other reason, we will send you an email and invite you to try again using a different image. Greenlight reserves the right to exclude anyone from future use of the My Card Creation service who submits or repeatedly submits images that do not follow the Image Guidelines.
(ii) Image Guidelines
Images submitted to us will be rejected if they contain any of the following:
Copyrighted material or other photographs not owned by you (including professional photographs taken by others);
Trademarked or branded material (including photos of your favorite sports teams, logos, etc.);
Web site addresses, email addresses, telephone numbers or other personal information;
Celebrities and public figures, including music, entertainment, sports and political figures;
Obscene or lewd material, nudity, harassing, inappropriate, discriminating, provocative material or any other offensive or socially unacceptable material;
Symbols of death, destruction, violence, or any other negative images;
Images containing alcohol or tobacco;
Religious symbols, images or text;
Images of money;
Photos that feature a mascot or character as the primary focus of the photo; and
References to any VISA sponsorship property, such as the Olympics or NASCAR
(iii) Representations, Warranties and Indemnifications
By submitting any image to Greenlight through the My Card Creation Service, you make the following representations and warranties to Greenlight, Community Federal Savings Bank, and their respective employees, agents, affiliates, and third-party vendors with respect to such submitted image:
The image you are submitting was created by you, you are the owner of the image, and/or you obtained express written consent from the owner of the image for you to use it for the My Card Creation service, including specifically the right of Greenlight, Community Federal Savings Bank, or any of their respective agents, to alter, copy, print, distribute, prepare, and use the image on your Card;
You have obtained the express consent of any person other than yourself who appears in the image you are submitting;
Upon request of Greenlight, before or after accepting your image, you shall provide us with reasonable proof of such ownership, written consent and/or non-infringement.
Use of the image will not infringe any businesses' or individual's rights, including intellectual property, privacy or publicity rights; and
The Primary Accountholder is specifically deemed to make the foregoing representations and warranties with regard to any image submitted by a Secondary Cardholder who is a minor child. Greenlight encourages the Primary Accountholder to review all images that may be submitted to Greenlight by Secondary Cardholder(s) who are minor children, as the Primary Accountholder assumes full legal and financial responsibility for such submissions.
By using the My Card Creation service, you further agree to indemnify, defend and hold Greenlight, Community Federal Savings Bank, and their respective affiliates, subsidiaries, and card membership organizations, and each of their respective shareholders, officers, directors, employees, agents, members, contractors and representatives, from any and all claims, liabilities, losses, costs and expenses of any nature whatsoever (including but not limited to attorney's fees) that may arise from the issuance or use of your customized Card with your submitted image on it, including (without limitation) any and all claims alleging trademark or copyright infringement, and/or the violation of a right of privacy or publicity or any other right.