This Deposit Account Agreement (including, but not limited to all appendices, such as the Online and Mobile Services Agreement attached as Appendix A) explains the fees, policies, terms and conditions that govern your account.
When we say “we,” “us,”“our” or “Bank,” we mean Green Dot Bank, Member FDIC, the bank that holds the money in your account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Deposits under any of these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage. Intuit Inc. and Green Dot Bank are separate companies and are not related.
When we say “you” or “your,” we mean each person who has a Green Dot Bank account and anyone else that a Green Dot Bank accountholder gives account access to.
When we say “account,” we are referring to the single registered FDIC-insured account, not held for personal, household or family purposes, held in your name and your business’ name that consists of an interest-bearing transactional account to which you may receive incoming deposits and other credits and from which you may withdraw and/or spend money.
NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION CLAUSE APPEAR AT THE END OF THIS AGREEMENT.
1. Getting Started; About Your Account
General Information about Business Deposit Accounts. Your account is a business deposit account. A business account, for purposes of this agreement, is owned by a sole proprietor, a limited liability company, a partnership, a non-profit organization or a corporation. If the account owner is a sole proprietorship, however, that means that one person owns the business, acts alone and has no partners. Business deposit accounts are accounts that are established primarily for business purposes. When you open a business deposit account, you represent and agree that you are establishing it primarily for business purposes. Once the Bank opens your account, you will receive a personalized debit card (your “Card” or “Debit Card”) that is linked to your account. An account can only have one signatory.
Interest on your Account.
Eligibility. All account holders are eligible to earn interest on the account. The account will automatically earn interest according to the terms herein without any further action from you.For the interest to be credited to your account balance, your account must i) be in good standing (for example, not subject to a fraud hold) and ii) be open. Otherwise, you will not receive the interest accrued since your previous Statement Cycle (as defined in footnote 3 in Section 2.a. below, “Statement Cycle”).
Minimum Balance. There is no minimum balance requirement for your account to be eligible to earn interest.
Interest Calculation and Payment. We will calculate interest on the average daily available balance in your account. We will credit interest in whole cents to the account at the end of your Statement Cycle. The interest rate is variable, which means we may, at our sole discretion, at any time, change the interest rate paid on the principal balance of your account and the corresponding annual percentage yield, without limit and without notice. Annual percentage yield is a percentage reflecting the total amount of interest paid on your account, based on the interest rate and frequency of compounding. The rate at which interest may be paid on the principal balance of your account, and the corresponding annual percentage yield, can be found under “Account Info” in the Money by Quickbooks mobile application (“Mobile App”). The rate at which we pay interest may be zero. Any change we may make to the interest rate or annual percentage yield would not take effect until the next Statement Cycle. Interest is calculated based on the average daily available balance in your account during the Statement Cycle. This method applies the variable interest rate to the average daily available balance in your deposit account for your Statement Cycle. The average daily available balance is calculated by adding the available balance in your deposit account of your Statement Cycle and dividing that figure by the number of days in that Statement Cycle. Interest will be credited to your account at the end of each Statement Cycle assuming the account meets the eligibility requirements in Section 1.c.i and contains an average daily available balance set forth in Section 1.c.ii. above. Because interest is credited to your account only at the end of your Statement Cycle, the amount of accrued interest is not added to the daily balance of your account during the Statement Cycle. That means that interest does not compound prior to being credited to your account. There is no limit on the maximum amount of interest that can be earned.
Taxes. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with the interest paid on your account.
General. Our fee schedule below describes the fees associated with our account and services. We may offer additional products, services and features from time to time, and the fees for those offerings will be disclosed to you at the time they are offered. In addition to the fees listed below, there are some situations where a third party may charge additional fees. For example, when you use an ATM outside of our network, you may becharged a fee by the ATM operator in addition to our fee.
|In-Network ATM Withdrawal||4 free per each monthly Statement Cycle***, $3.00 per transaction thereafter|
|Out of Network ATM Withdrawal*||$3.00 per transaction|
|Teller Cash Withdrawal Fee||$0|
|Out of Network Balance Inquiry at ATMs*||$0|
|Expedited Delivery Replacement Card Fee (for Lost, Stolen, or Damaged Card)||$0|
|Foreign Transaction Fee**||3% of total transaction amount|
* You may also be charged a fee by the ATM operator in addition to our fee .
** This fee is in addition to any other fee that may apply to your transaction. Please note use of your Debit Card outside of the U.S. may be limited; see Section 4 for more information.
*** Your first monthly Statement Cycle begins on the date you pass the registration process noted in Section 1.b. above (“Account Opening”) and ends the day before the one month anniversary of Account Opening. Please note, however, for Account Openings that occur on the 29th, 30th or 31st of any month, your first Statement Cycle will be adjusted to start on the 1st of the subsequent month. Each subsequent Statement Cycle will end on the same day of the month each month.
3. General Information About Deposits & Funds Availability
Deposits. If you are approved for an account, the Bank will mail your personalized Debit Card to you. You may make initial deposits by direct deposit and by using our Bank Transfer Service once your account has been approved. Once you receive your Debit Card and have notified the Bank of your receipt of this card in accordance with the accompanying instructions, you may also make initial deposits to your new account in cash at a participating retailer or through other means as provided at Green Dot’s discretion.
Types of Deposits; Funds Availability. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.
Cash Deposits. Cash deposits made through participating retailers are generally made available within 60 minutes or sooner from the time the transaction is reported to our technology systems by the retailer.Fees of up to $5.95 may be collected by retailers when depositing cash to your account at their locations. This fee is charged by the retailer and is subject to change. This fee is not deducted from your account and will not be reflected in any periodic statement. This fee can be lower depending on how and where you deposit cash.
Direct Deposits. Generally, we make electronic direct deposits available on the day we receive the deposit or sooner, if the source of the payment notifies the bank of the incoming payment prior to the actual day or receipt and the deposit and your account are eligible for such early posting. We reserve 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 you.
Other Types of Deposits Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.
4. About Your Debit Card
General. Your account will come with one Card. Your Card is linked to your deposit account. You will be able to set a personal identification number (“PIN”) for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. Except as otherwise indicated, you may use your Card to purchase goods and services and to access cash at ATMs and from tellers of financial institutions anywhere your debit card’s brand mark (as applicable) are accepted.
Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your account.
Limits on the Use of Your Card. The Bank reserves the right to impose limits on the individual and aggregate number of transactions and the corresponding dollar amounts that may be transacted through your Debit Card. We may refuse to process any transaction that we believe may violate the law or the terms of this agreement. You agree that you will: (i) not use the Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access account funds; (iv) assist us in the investigation of claims for unauthorized transactions and related prosecution by completing the appropriate statements and reports reasonably requested by us; and (v) use the Card only as instructed. You acknowledge and agree that by allowing anyone to use your card, or by failing to exercise ordinary care (such as storing your PIN with your card or selecting your birthday as your PIN), you will be responsible for all unauthorized transactions. We may refuse to issue a Card, revoke or suspend your Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. We reserve the right to limit or block the use of your Card in certain foreign countries at our discretion due to fraud or security concerns or to comply with applicable law.
Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card to pay for goods or services, certain merchants may ask us to authorize or “hold” the transaction in advance and may estimate the final purchase amount. Until such a transaction finally settles, you will not be able to use the money in your account that is “on hold.” We will only charge your account for the correct amount of the final transaction, however, and we will release any remaining amount when the transaction finally settles.
Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. Visa currently uses a conversion rate that is either: (a) selected from a range of rates available in the wholesale currency markets on or one day prior to its central or transaction processing date (note: this rate may be different from the rate the association itself receives), or (b) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. We will impose a charge equal to 3% of the transaction amount (including credits and reversals) for each transaction (U.S. or foreign currency) that you conduct at merchants (including foreign websites) outside the United States or in a foreign currency. This charge is in addition to any of the Bank’s usual fees, including, but not limited to, the teller cash withdrawal or out-of-network ATM fee.
ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use the ATM. If you notice anything suspicious while transacting business at the ATM, cancel the transaction, pocket your Card and leave. Be sure to save your transaction slips. Check them against your statements regularly. Make sure you safeguard your PIN — do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using the ATM.
5. Limits on Your Account.
Daily Cash Deposits. You may deposit up to $3,000 in cash per day in the aggregate.
Daily and 30-Day Cash Withdrawal Limits. You may withdraw up to $500 in cash in the aggregate in a single day at an ATM. You may withdraw up to $3,000 in cash per calendar month at an ATM. You may withdraw up to $3,000 in cash in the aggregate in a calendar month with a bank teller. We may, in our sole discretion, permit you to withdraw higher amounts of cash during such rolling 30-day period.
Total Daily Spend Using Card. You may not spend more than $5,000 per day using your Debit Card.
Point of Sale Cash Back. Limits apply to the use of your Card at the point of sale when making a purchase from a merchant, including merchant imposed limits on such transactions.
6. Electronic Funds Transfers; Other Rights & Terms
Not Governed by Electronic Fund Transfer Act. Your Debit Card transactions as well as any electronic transfer of funds to or from your account are not governed by the Electronic Fund Transfer Act. You understand and agree that you are not a “consumer” within the meaning of the Federal Electronic Fund Transfer Act and the Bureau of Consumer Financial Protection Regulation E, and the Act and Regulation shall not apply to any dispute arising between you and the Bank.
Visa Zero Liability Protection. Subject to certain exceptions and except as otherwise provided in this agreement, you will not be held responsible for unauthorized Debit Card transactions processed by Visa as long as you: (i) exercise reasonable care in safeguarding your Debit Card from any unauthorized use; and (ii) immediately notify us of any loss, theft, or unauthorized use of your Debit Card by calling us at (888) 463-4661. Subject to the foregoing, you must notify us within two business days after you learn of the loss or theft of your Debit Card or PIN and within 60 days after the first statement was made available to you on which an unauthorized transaction appeared. Upon receipt of your notice, we will promptly investigate any transactions you believe are unauthorized, which can take up to 45 days from the date we receive all necessary information and documentation (as explained below) or longer if there are extenuating circumstances. If applicable, we will provide a provisional credit to your account within five business days of receipt of your notice for the amount of the transactions you think are unauthorized (except for ATM withdrawal transactions), unless we determine that additional investigation is warranted. You must cooperate and assist with our investigation (e.g., by providing certain information and documentation, such as signed forms, notarized affidavits, and police reports). Notwithstanding the limitation of liability for unauthorized transactions described in this subsection, you may be liable for some or all of any unauthorized transactions if: (x) you don’t cooperate and assist with our investigation; (y) we reasonably determine that you were fraudulent or negligent in the handling of your account or your Debit Card; or (z) you did not notify us of the loss, theft, or unauthorized use of your Debit Card in accordance with the timeframes set forth in this subsection. In addition, the limitation of liability for unauthorized transactions described in this subsection does not apply to transactions performed using the routing and direct deposit numbers for your account or any other transactions not processed by Visa.
ACH Transfers to your Account. In addition to the other terms in this agreement, any credit to your account for an electronic transfer of funds transmitted through the automated clearing house (“ACH”) by an originating depository financial institution is provisional until we receive final settlement through a Federal Reserve Bank, or otherwise receive payment in a manner acceptable to us. If we do not receive final settlement or payment, we are entitled to a refund from you for any amount credited to your account and may deduct such amount from your account without notice to you.
Our Liability for Failing to Make Transfers. We will not be liable for your losses or damages in regard to an electronic fund transfer to or from your account if:
Through no fault of ours, you do not have enough available funds in your account to make the transfer;
Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us;
The system, ATM or POS terminal was not working properly and you knew about the problem when you started the transaction;
The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely;
We have reason to believe the transaction was authorized by you; or
The transaction cannot be completed because your Card is damaged.
There may be other exceptions stated in our agreement with you.
Periodic Statements. You will get an account statement each Statement Cycle (unless there are no transfers in a particular cycle). You will have access to these statements through the Mobile App. We do not mail paper statements. If you give us your email address, you agree that we may send communications and notices electronically to that address rather than through the mail, unless the law says otherwise.
Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.
Amendments/Changes in Account Terms. We may add to, delete or change the terms of our agreement with you at any time by mailing, e-mailing or delivering a notice, a statement message or an amended agreement to you at the last address(location or e-mail) on file for you, your account, or the service in question. Unless otherwise required by law, we may amend the agreement without prior notice (e.g., by uploading it to the Mobile App or otherwise making it available to you).
Information Given to Third Parties We may disclose information to third parties about you, your account, and the transactions on your account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on the account; (viii) to disclose the existence, history, and condition of your account to consumer reporting agencies; and (ix) as permitted by law.
7. Bank Transfer Service.
General. You can use our bank transfer service to transfer money from another bank account at a U.S. financial institution to your Green Dot Bank issued account (your “Money by QuickBooks account”). We refer to these types of transfers as “Inbound Transfers.”
Account Verification. We may verify your ownership of accounts at another institution from time to time by (a) asking you to provide proof of ownership, (b) engaging in test transfers, and/or (c) accessing your account information at the other institution.
Minimum and Maximum Transfer Amounts. The minimum amount of any single Outbound Transfer is $1. The rolling single day limit for Inbound Transfers is $250,000, and, for Outbound Transfers is $50,000. The minimum and maximum amounts are subject to change. You may be eligible for a higher maximum aggregate transfer amount; if you are, we will disclose the higher limit at the time you use the service. We will notify you as required by law if these limits decrease, but we may change these limits below the amounts stated above or cancel your transfers without prior notice as described below in “Suspension and Reinstatement of Bank Transfer Service.”
Inbound Transfers. You may transfer funds from a bank account that you maintain with another U.S. financial institution to your Money by QuickBooks account. When you initiate a transfer from the other bank account, you authorize us to withdraw the funds from your other account. You agree that you will have sufficient funds in your other bank account to cover all Inbound Transfers that you set up.
Outbound Transfers. Outbound Transfers generally are processed within 3 business days of your request, but could take up to 5 business days in some cases. The financial institution that holds your bank account may take additional time to deposit the funds from an Outbound Transfer in your bank account. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner. In addition, we may delay or suspend the processing of an Outbound Transfer for security and fraud purposes and as otherwise specified in this agreement. You agree that you will have sufficient available money in your account to cover the amount of any Outbound Transfer that you request, including any applicable fees. If you do not, we may reject the Outbound Transfer. We will remove the money that you have designated to be transferred from your account when you submit the Outbound Transfer to us.
Declined and Reversed Transactions. We may decline to complete a transfer if: (a) we believe it may involve or result in a violation of law or expose us to liability or risk of loss; (b) we are unable to authenticate either your Money by QuickBooks account or your other bank account; (c) there are insufficient available funds for the transfer; (d) the transfer instruction is unclear, ambiguous or incomplete; (e) we identify a security risk involving the transaction; or (f) as otherwise stated in these terms. If we have begun a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to the other bank account.
Indemnification/Limited Liability. You agree to indemnify us, and Intuit Inc, and each of our agents and affiliates from all claims, liabilities, losses, expenses and damages, including attorney’s fees, arising out of any action we take pursuant to your instructions or your violation of these terms or applicable law. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner. If we give you credit for an Inbound Transfer prior to receiving funds from the other financial institution and do not actually receive funds, or if we are required to return funds to the other financial institution because such transfer was not authorized, you agree that you are responsible for any losses we may incur.
National Automated Clearing House Association Rules. Inbound and Outbound Transfers are governed by rules set forth by the National Automated Clearing House Association (“NACHA”). You agree to be bound by, and make the applicable warranties and representations required by, the NACHA rules. In the event of any conflict between the NACHA rules and any provision of this agreement, the NACHA rules will prevail. You may obtain a copy of the NACHA rules through www.nacha.org.
Suspension and Reinstatement of Bank Transfer Service. In the event that we at any time incur a problem with your use of the bank transfer service, including without limitation, (1) the inability to debit any of your account(s) or to collect with respect to any of your bank transfers as described above, (2) if you breach this or any other agreement with us, (3) we have reason to believe there has been or may be an unauthorized use of your Money by QuickBooks account, (4) we are unable to verify your identity or authority to use the Service to our satisfaction, (5) your Money by QuickBooks account is not in good standing, or (6) we believe that your use of the Service could expose Green Dot to increased risk, and without limiting any other right or remedy that we may have under this agreement or otherwise, we reserve the right to suspend or terminate your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service.
8. Additional Terms & Conditions.
Adjustments. We may make adjustments to your account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.
Account Contact Information Changes. You agree to notify us immediately in accordance with our security requirements of any change in your name, address, email address, or other contact information associated with your account, including the addition, transference or change in applicable beneficial owners in the event the business is not a sole proprietorship. For security reasons, we may, in our sole discretion, opt to not allow such a change. We may rely on our account records to determine the ownership of your account.
Compliance. You agree not to violate the laws of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your account or any account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.
Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an account or its funds or the authenticity or legitimacy of any transaction associated with your account we may, at our sole discretion, freeze the account and refuse transactions until we conduct an investigation to resolve the matter to our satisfaction. If you discover an error, forgery, alteration or other unauthorized activity involving transfers from your account using your routing and direct deposit number, you must notify us immediately by calling us at (888) 463-4661, but within no later than 2 days, by telephone and promptly in writing of the relevant facts, including a description of the transaction or error and the identity of any suspected perpetrator.
Consent For Us to Call You. You agree that we or our agents may contact you at any telephone number you provide to us, including your cell phone number. You agree to receive these calls and messages, such as a text message or prerecorded or autodialed calls. You understand that your service provider may charge you for these calls/messages.
Cutoff Hours. Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions if an accountholder dies or is adjudicated incompetent. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.
Deposit Insurance. Your accounts with us are insured to the regulatory limits by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at www.fdic.gov.
Force Majeure. We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
Governing Law. To the extent this agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.
Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) your property to the appropriate state if no activity occurs in the account or you fail to communicate with us regarding your account within the time period specified by state law. We may consider an account inactive even if you maintain another active account with us.We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the state. If funds are transferred to the state, you may file a claim with the state to recover the funds.
Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically or in writing. If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to your account. You agree to reimburse us for any cost or expense, including attorney fees, which we incur in responding to legal process related to your accounts. You agree that we may honor legal process that is served personally, by mail, email or facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your account or records are maintained.
Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues.
Other Agreements. You may have another agreement with us relating to this account which, by its terms, supersedes this agreement in whole or in part. For example, certain provisions of your other agreements with us (e.g., involving our online services) may supersede some of the terms of this agreement, to the extent that they are inconsistent.
Negative Balances. If you do not have enough money in your account to cover the amount of a transaction (e.g., teller cash withdrawal or other electronic transaction), we may reject the transaction without payment. We may elect, however, in our sole discretion to create a negative balance in your account by permitting the transaction. If your account balance drops below zero, you agree to pay the amount of the overdraft promptly, without notice or demand from us. You agree that we may use subsequent deposits and other credits to the account to cover any negative balance existing in your account, to the fullest extent permitted by law.
Security Interest. You grant us a security interest in your account, including all current and future deposits, for amounts owing to us now and/or in the future under this agreement or under any account service agreement by any owner. If you are a sole proprietor, the security interest set forth hereunder extends to any of your personal or business accounts Green Dot Bank may hold.
Severability. If any of the provisions of this agreement are determined to be void or invalid, the remainder of the agreement shall remain in full force and effect.
Privacy. We collect your information, which may include personal information about you and, to the extent applicable, the beneficial owners of the business, account balances, account transactions and certain transaction history. We collect this information, for example, when you open an account or make deposits or withdrawals from your account, use your Debit Card or provide account information or give us your contact information. We also collect your information from others, such as credit bureaus, affiliates, or other companies. We may disclose information to third parties about you, the business, the Card, and the transactions on your Card: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (v) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; and (vi) in order to issue authorizations for transactions on the Card. We may also disclose information about you, the business, the Card, and the transactions on your Card to Intuit Inc. and its affiliates for their use in accordance with the Intuit Privacy Statement.
Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.
Transfers/Assignments. Unless otherwise agreed by us in writing, all accounts are non-transferable and non-negotiable. You may not grant, transfer or assign any of your rights to an account without our prior written consent. We are not required to accept or recognize an attempted assignment of your account or any interest in it, including a notice of security interest.
Waivers. We may delay enforcing our rights under this agreement without losing them. Any waiver by us shall not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest and notice of every kind, except as set forth in this agreement.
Termination or Suspension of Service or Account. We may suspend or terminate your Account, your Card and/or access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your Account, your Card and/or the use of our services if you breach this or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your account.
9. Dispute Resolution
Acknowledgment of Arbitration. Your account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By opening your account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this agreement.
Arbitration of Claims. Except as expressly provided herein, any claim, dispute or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present or future), including initial claims, counter-claims, cross-claims and third-party claims, arising from or relating to (i) the Card; (ii) any service relating to the Card; (iii) the marketing of the Card; (iv) this agreement, including the validity, enforceability, interpretation, scope, or application of the agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which shall be for a court to decide); and (v) any other agreement or instrument relating to the Card or any such service (“Claim”) shall be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) shall serve as the arbitration administrator under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: on the web at www.adr.org or by writing to American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.
Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) shall be subject to arbitration as described herein.
Exceptions. We agree not to invoke our right to arbitrate any individual Claim you bring in small claims court or an equivalent court so long as the Claim is pending only in that court. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to Card funds by several parties.
Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless otherwise agreed to by the parties in writing. However, co-applicants, second cardholders and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person.
Procedure. The arbitrator(s) will be a lawyer with at least ten years’ experience or who is a former or retired judge. The arbitration shall follow the rules and procedures of the arbitration administrator in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the rules and procedures of the arbitration administrator and this arbitration provision, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s aware. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA.
Introduction. This Mobile Banking Agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of the Green Dot bank account mobile banking services (“Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Green Dot” refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the Money on QuickBooks mobile application (“Mobile App”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE QUICKBOOKS APP. DO NOT USE THE SERVICE VIA THE QUICKBOOKS APP IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules and regulations governing your use of the Mobile App. This Agreement may be amended by posting a new version to the Mobile App, which version will be effective upon posting.
Our Service. The Service may allow you to access a variety of features through the Mobile App from time to time, subject to your eligibility to use such features. We will, in our sole discretion, pick the platforms from which you can access your account using the Mobile App. We assume no obligation to offer support services for, or upgrades to, the Mobile App.
Your Equipment. To use the Service, you must have the equipment described in the Intuit FAQs. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile phone or software, or for any computer virus or related problems that may occur with your use of this Service. You are responsible for ensuring that your computer and/or mobile phone and software are compatible with our system. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile phones and mobile operating systems. You agree to promptly update the Mobile App when updates are made available to you. We are not responsible for any damages that may result from you not using the most current version of the Mobile App.
Security; Use of the App and Website. You are required to establish and use online login credentials (collectively, your “Credentials”) for your account in order to use the Service. You agree: (a) to take reasonable steps to safeguard the confidentiality and security of your Credentials; (b) refrain from sharing or disclosing your Credentials with anyone else; (c) notify us immediately if you believe your Credentials have been compromised; and (d) immediately change your Credentials if you believe the confidentiality of them has been compromised in any way. You agree to be responsible for any transmission or transaction we receive using the Mobile App, even if it is not authorized by you, provided your Credentials were used to access the Service or is otherwise processed by us in accordance with our security procedures.
Money by QuickBooks End User License Agreement. Intuit’s Money by QuickBooksApp End User License Agreement (as applicable, “QuickBooks Agreement”) apply t o your access and use of the Mobile App. Either Green Dot or Intuit has the right to terminate or suspend your access to or use of your account through the Mobile App, with or without notice, in the event that you violate the QuickBooks Agreement.
Proprietary Rights; Use of Content. The Mobile App is owned and operated by Intuit Inc. and unless otherwise indicated, all designs, text, images, videos, graphics, software, trademarks, copyrights, patents and other content and materials appearing on the Mobile App (collectively, “Intuit Content”) are the property of Intuit Inc. All Intuit Content is 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, “Intuit Marks”) appearing on or in the Mobile App are the property of Intuit Inc. You may not make any use of any Intuit Content or Intuit Marks without the prior written consent of Intuit Inc. No Intuit Content or Intuit Marks may be copied, reproduced, republished, uploaded, posted, transmitted, used or distributed in any way, except as licensed by Intuit Inc.
Any banking services and Green Dot-authored content offered by or through the Mobile App (collectively, the “Banking Services”) are the property of Green Dot, or its affiliates, licensors and/or third party service providers (collectively, the “Green Dot Parties”) and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All Green Dot trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Green Dot Marks”) appearing on or in the Mobile App or accompanying Green Dot content or website(s) (“Green Dot Content”) are the property of Green Dot or the Green Dot Parties. You may not make any use of any Green Dot Content or Green Dot Marks without the prior written consent of Green Dot. No Green Dot Content or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as licensed by Green Dot.
Your Conduct. In using or accessing the Service you agree: (1) not to use the Service for fraudulent purposes; (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 Service or affiliated or linked websites; (5) not to disrupt or interfere with any other user’s enjoyment of the Service; (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 Service 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.
Third Party Websites and Services. The Mobile App may contain links to third party websites and services, over which Green Dot has no control. In addition, the Mobile App may contain other non-banking-related content solely related to Intuit. 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.
Termination; Modification. Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service 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 Service, 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.
Disclaimer. THE GREEN DOT PARTIES MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE MOBILE APP, OR ANY, CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN (“GREEN DOT MATERIALS”), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GREEN DOT PARTIES 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 MATERIALS, AND ANY THIRD PARTY WEBSITE OR SERVICE. THE GREEN DOT PARTIES DO NOT WARRANT THAT THE GREEN DOT MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GREEN DOT MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE GREEN DOT MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GREEN DOT PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE GREEN DOT MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
The Green Dot Parties 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 reasonable control of the Green Dot Parties.
Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.
Hours of Operation. You can access automated account information through the Service 7 days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.
Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.
If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.
Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.
Termination –- Online Banking Services. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement shall survive its termination.