Last Updated: June 1, 2016
The following Site Terms of Use (“Terms of Use”) govern your access to and use of
websites owned and operated by Green Dot Corporation, Green Dot Bank d/b/a GoBank
and their subsidiaries and affiliated companies (“Green Dot”, “we”, “us” or “our”),
including any content, functionality, products and services offered on or through
such websites (collectively, the “Services”). Please note that if you are a cardholder,
these Terms of Use are not intended to, and do not, modify or alter the terms of
your Cardholder Agreement which governs your use of your gift card (“Card”). By
accessing or using the Services, whether via computer, mobile device or other technology,
you represent that you are 18 years of age or older and you have read and agree
to be bound by these Terms of Use in their entirety and all applicable laws, rules
and regulations governing your use of the Services. These Terms of Use may be amended
by posting a new version on our Services which version will be effective upon posting.
If you do not agree to the new version of these Terms of Use, do not use the Services.
To access the Services or some of the resources offered, you may be asked to provide
certain personal information and non-personal information. It is a condition of
your use of the Services that all the information you provide is correct, current
and complete. Your use of the Services is governed by our Technology Privacy Statement
and if applicable, the Privacy Policy applicable to your Card or other product or
service, which explain how we collect, store, share or otherwise use your personal
information and non-personal information, and you consent to all actions we take
with respect to your information consistent with our Technology Privacy Statement
and Privacy Policy.
As a condition of using certain aspects of the Services, you may be required to
register for an account ("Account"). To register for an Account, you will: (1) provide
true, accurate and complete information about yourself in the registration form;
(2) maintain and promptly update such information; and (3) establish a password
which you will keep secure. You agree not to provide access to your Account together
with your password to others. You are solely responsible for protecting the security
of your Account on your device. Green Dot shall have no liability associated with
or arising from your failure to maintain accurate registration information. You
are responsible for all use of your Account and for ensuring that use of or access
to your Account complies fully with these Terms of Use.
The Services are owned and operated by Green Dot or its affiliates, licensors and/or
third party service providers (the “Green Dot Parties”) and unless otherwise indicated,
all designs, text, images, videos, graphics, software and other content and materials
appearing in the Services (collectively, “Content”) are the property of Green Dot
or the Green Dot Parties, and protected, without limitation, by U.S. and foreign
copyright, trademark and other intellectual property laws. All trademarks, service
marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing
on the Services are the property of Green Dot or the Green Dot Parties. You may
not make any use of any Content or Marks without the prior written consent of Green
Dot. No Content from the Services may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way.
In using or accessing the Services you agree: (1) not to use the Services or any
of the Content contained herein, for any unlawful or fraudulent purpose; (2) not
to “spam” others or “phish” for others' personal information; (3) not to create
or use a false identity; (4) not to disrupt or interfere with the security of, “deeplink”,
attempt to obtain unauthorized access to or otherwise abuse, the Services or affiliated
or linked websites; (5) not to disrupt or interfere with any other user’s enjoyment
of the Services; (6) not to use, frame or utilize framing techniques to enclose
any Marks or other proprietary information (including Content); (7) not to use meta
tags or any other “hidden text” utilizing a Mark ; and (8) not to use the Services
in a manner that is defamatory, inaccurate, profane, threatening, invasive of a
person's privacy, violates any third party proprietary rights, or is in violation
of any law or regulation.
The Services may contain links to third party websites and services, over which
Green Dot has no control. You acknowledge and agree that Green Dot does not endorse,
verify, or make any representations regarding these third party websites and services
and is not responsible for the availability of, and any liability arising from,
any such third party websites and services. Green Dot is not liable to you or any
other party for any loss or damage which may be incurred by you as a result of these
third party websites and services. It is recommend that you carefully review any
terms of use and privacy policy of any linked third party website before providing
any information to that website or using its products and services.
Green Dot reserves the right, without notice and at its sole discretion, to suspend
or terminate your ability to access or use the Services, and to block or prevent
future access to and use of the Services for any reason. Green Dot may, in its sole
discretion, terminate, change, modify, suspend, make improvements to or discontinue
any or all aspects of the Services, temporarily or permanently, at any time with
or without notice to you. You agree that Green Dot shall not be liable to you or
to any third party for any such modification, suspension or discontinuance.
THE GREEN DOT PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
OR CONTRACTORS (COLLECTIVELY, THE “GREEN DOT PARTNERS”) MAKE NO REPRESENTATION OR
WARRANTY IN CONNECTION WITH THE SERVICES OR CONTENT, ALL OF WHICH ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. THE GREEN DOT PARTNERS HEREBY DISCLAIM ALL
WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,
WITH RESPECT TO THE SERVICES, CONTENT AND ANY THIRD PARTY WEBSITE OR SERVICE. THE
GREEN DOT PARTNERS DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS,
THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT
THIS CONTENT, SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE GREEN DOT PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATION
REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY CONTENT IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
The Green Dot Partners will not be responsible for any delay, failure in performance
or interruption of service, resulting directly or indirectly from acts of God, acts
of civil or military authorities, civil disturbances, terrorism, wars, strikes or
other labor disputes, fires, transportation contingencies, interruptions in telecommunications
or Internet services or network provider services, failure of equipment and/or software,
other catastrophes or any other occurrences which are beyond the Green Dot Partners’
reasonable control.
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE,
SHALL ANY OF THE GREEN DOT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES,
CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL,
INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER
ANY THEORY OF LIABILITY, EVEN IF A GREEN DOT PARTNER IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, CLAIMS OR LOSSES, ARISING IN CONNECTION WITH: (1) THE SERVICES;
(2) YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT; (3) ANY THIRD PARTY WEBSITE
OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE SERVICES; (4) UNAUTHORIZED
ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION
THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICES; OR (5) ERRORS, SYSTEM
DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CUMULATIVE LIABILITY
OF THE GREEN DOT PARTNERS TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU FOR ACCESS TO THE SERVICES. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER
THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE SERVICES.
You agree to indemnify, defend and hold harmless the Green Dot Partners from and
against any actual or alleged claims, demands, causes of action, judgments, damages,
losses, liabilities, and all costs and expenses of defense (including, without limitation,
reasonable attorneys' and other legal fees and costs) arising out of or relating
to: (1) your violation of these Terms of Use or any law, rule or regulation; (2)
your use of the Services or any Content; (3) loss of any data or account information;
and (4) any material sent by you to Green Dot. You will cooperate as fully and reasonably
as required by Green Dot in the defense of any claim. Green Dot reserves the right
to assume the exclusive defense and control of any matter subject to indemnification
by you, and you will not in any event settle any claim without the prior written
consent of Green Dot.
These Terms of Use shall be exclusively governed by and construed in accordance
with the laws of the State of California excluding conflicts of law rules. Any dispute
arising from these Terms of Use or the Services shall be resolved in the state or
federal courts residing in Los Angeles, California and you irrevocably agree to
the jurisdiction of such courts. Green Dot makes no representation that Content
contained in the Services is appropriate or available for use in jurisdictions outside
the United States, or that the Terms of Use comply with the laws of any other country.
If any provision of these Terms of Use are deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms of
Use and shall not affect the validity and enforceability of any remaining provisions.
The supply of goods, services and software through the Services is subject to United
States export control and economic sanctions requirements. By acquiring any such
items through the Services, you represent and warrant that your acquisition comports
with and your use of the item will comport with those requirements. Without limiting
the foregoing, you may not acquire goods, services or software through the Services
if: (1) you are in, under the control of, or a national or resident of Cuba, Iran,
North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially
Designated Nationals List or the U.S. Commerce Department's Denied Persons List,
Unverified List or Entity List or (2) you intend to supply the acquired goods, services
or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident
of one of these countries) or to a person on the Specially Designated Nationals
List, Denied Persons List, Unverified List, or Entity List.
You will not assign (including without limitation by operation of law, change of
control or otherwise) your rights or licenses to the Services provided under these
Terms of Use, either in whole or in part, without the prior written consent of Green
Dot, and any attempted assignment contrary to the foregoing will be void and have
no effect. We may assign all or a portion of our rights under these Terms of Use.
No waiver of by Green Dot of any term or condition set forth in these Terms of Use
shall be deemed a further or continuing waiver of such term or condition or a waiver
of any other term or condition, and any failure of Green Dot to assert a right or
provision under these Terms of Use shall not constitute a waiver of such right or
provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal or unenforceable for any reason, such provision
shall be eliminated or limited to the minimum extent such that the remaining provisions
of the Terms of Use will continue in full force and effect.
Green Dot Customer Service, P.O. Box 5100, Pasadena, California 91117.