Terms And Conditions

Effective Date of Current Policy: April 8 2013

By visiting or shopping at websites owned and operated by The SpendSmart Payments Company, Inc. ("SpendSmart Card," "we" or "us") located at www.spendsmartcard.com, and all associated sites and applications linked to www.spendsmartcard.com (collectively, the "Websites") you certify that you understand and agree to be expressly bound to the following Terms of Use and our Privacy Policy (collectively, the "Agreement") and to follow this Agreement and all other applicable laws governing the Websites. The Terms of Use below shall supersede any subsequent terms and conditions included with any payment authorization when you process a load or make a purchase with a SpendSmart Prepaid MasterCard, or pay a fee. The SpendSmart Payments Company reserves the right to change this Agreement at any time, effective immediately upon posting on our Website at www.spendsmartcard.com. You agree to be bound to any changes to this Agreement when you use our Websites after any such modification is posted. We will inform you every time we update the Terms of Use or the Privacy Policy the next time you attempt to log in to your online account. It is important that you review this Agreement at such time to ensure you are updated as to any changes. The term "you" refers to the User or viewer of our Websites. "You" refers to the "Authorized User," whose name appears on the SpendSmart card and uses it for purchases (hereafter "Teen" or "Teens"), the "Card Owner," the parent or legal guardian who orders a SpendSmart Card for the Teen (hereafter "Parent"), and to any party authorized to load funds to a Teen’s SpendSmart Card (collectively, "Giver," or "Givers").If you violate this Agreement, we may bar you from use of our Websites, our services, and/or take appropriate legal action against you. PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE OUR WEBSITES AND DISCONTINUE USE OF OUR WEBSITES IMMEDIATELY.

Copyrights and Trademarks of The SpendSmart Payments Company:

Spendsmartcard.com is owned and operated by The SpendSmart Payments Company. All materials appearing on our Websites, including the site design, logos, icons, images, graphics, and text, as well as the selection, assembly and arrangement thereof are either the sole property of or are used with express permission of their respective owners. You may use, view, download, print and retain a copy of pages of our Websites only for your own personal use. Except as expressly provided above, you may not download, upload, copy, print, display, reproduce, republish, license, post, transmit or distribute any information from any of our Websites, in whole or in part, without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Websites you may contact us at [email protected]. All rights not expressly granted herein are reserved.

You agree that you are only authorized to visit, view and to retain a copy of pages of the Websites for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Websites for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to use any "deep-link," "page-scrape," "robot," "spider" or any other manual process or automatic device, algorithm, program, or methodology to access, acquire, copy or monitor any portion of the Websites or any content, for any purpose, or in any way reproduce or circumvent the navigational structure or presentation of the Websites or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Websites, unless specifically authorized by us to do so. The content and software on our Websites are the property of The SpendSmart Payments Company and is protected by U.S. and international copyright laws.

The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. If you have any questions, you may contact us at [email protected].

Permitted Use

By visiting our Websites, you represent and warrant that:

TEENS: IF YOU ARE REQESTING A CARD ON OUR WEBSITES, YOU ARE AT LEAST 13 YEARS OLD AND YOUR PARENT OR LEGAL GUARDIAN HAS GIVEN YOU PERMISSSION,
PARENTS: IF YOU ARE ORDERING A CARD ON OUR WEBSITES, YOUR TEEN IS AT LEAST 13 YEARS OLD
You are a resident of the United States,
You will only use a credit card, debit card, or bank account on our site that you are legally authorized to use.

Free Trials

From time to time and at The SpendSmart Payments Company’s sole discretion, The SpendSmart Payments Company may offer a free trial period to first-time customers. Where such an offer is made, at the time of registration for your free trial, your credit/check card or banking account will be authorized for one (1) month of service plus applicable taxes, although your payment funding source will not be charged for the duration of the free trial period. The SpendSmart Payments Company will refund any ATM fees it charges assessed during the trial period. Please see our Fee Schedule for ATM fees charged by The SpendSmart Payments Company. The SpendSmart Payments Company will also refund up to $10.00 of service fees charged by ATMs every thirty (30) calendar days during the trial period. Other terms of free trial offers, including duration of free trial, may vary. Specific details of your free trial not covered in these Terms of Use will be explained on the web page you land on prior to beginning the sign-up process or as part of the sign-up process. Your trial period begins the day you sign up for SpendSmart Card membership, not the day you receive or activate your SpendSmart Card Prepaid MasterCard.

Upon completion of the free trial period, your subscription to The SpendSmart Payments Company will renew automatically on a monthly basis regardless of the length of your free trial period. The first day following the expiration of your free trial period will be your anniversary date for billing purposes during your Membership Term. Your Payment Method will be charged the recurring membership fees and any applicable sales tax on the day following the expiration of your free trial period unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT METHOD. You will not receive any notification from The SpendSmart Payments Company at the expiration of your free trial. Please note the expiration date of your free trial for your records.

Teen

By using our service and visiting our Websites you represent and warrant that the information you submit to us is correct and accurate, and that you are known as such person by the Parent and any Giver. In other words, you are who you say you are, and the person you are asking to order or fund your SpendSmart Card knows you. You may not send requests to any Giver without permission from the Parent on your SpendSmart Card account, and your Parent must approve all Givers before they are added to your SpendSmart Card or online account. You further represent and warrant that you are eligible for a SpendSmart Card or online account as defined above.

Giver

By using our service and visiting our Websites you represent and warrant that: (i) the relationship between you and the teen is accurate and you are the party the Teen believes you to be; and (ii) you know the Teen and can verify his/her identity via email, phone, or direct (vies a vies) contact with the Teen or the Teen’s Parent. When creating your online account, you represent and warrant that all information provided by you in connection with your identity is accurate and correct. You further represent and warrant that you will only use a credit card, debit card, or bank account that you are fully authorized to use.

Accounts

During the card ordering or activation process you will be asked to use or select a unique password for future use of our Websites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under that password. By logging into the Websites, you represent and warrant that: (i) you are the customer who registered for the services; (ii) that you are using the services only for permitted purposes; (iii) you are not a competitor of The SpendSmart Payments Company, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session. Please notify us at [email protected] of any potential unauthorized or misuse(s) of your account, or breach of security.

You represent and warrant that: (i) you will not select or utilize a user name (in the form of an email address) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that The SpendSmart Payments Company in its sole discretion deems offensive.

Types of Accounts

Teen Account

Users who make a request for a SpendSmart Card, or register their email address after their Parent has ordered them a SpendSmart Card will create a Teen Account. This type of account will allow you to view your transaction history, current card balance, related Givers, change your alert settings, and send funding requests. By logging on and using our service, you agree that, in addition to the terms listed above, you will not use The SpendSmart Payments Company to harass or spam the mailbox of a Giver. Teens under the age of 18 agree to follow any additional rules set by their parent(s) or legal guardian(s).

Giver Account

Users who respond to a request for a payment through SpendSmart Card will need to create a basic Giver account. A basic Giver account is available to any individual who responds to a request from a Teen or Parent. This type of account will allow you to view your transaction history and any funding request for each Teen who has contacted you through SpendSmart Card. Your billing information is always private; however, YOUR LOAD HISTORY, NAME, AND COMMENTS WILL BE VIEWABLE BY PARENTS. This is a safety measure to ensure that parents or legal guardians for Teens under the age of 18 see from whom their Teens are receiving money, and in what amounts. For more information, please see our Privacy Policy. By logging on and using our service, you represent and warrant that, in addition to the terms above: (i) you have legal permission to contact the Teen; (ii) you will not use The SpendSmart Payments Company to harass or spam the mailbox of a Teen.

Parent Account

The Parent creates a Parent Account upon ordering a SpendSmart Card for a Teen. Any Giver can also have a Parent account if the Parent who ordered the SpendSmart Card approves them to have a guardian status on the account. This type of account enables you to, view all Teen transactions on the SpendSmart Card, lock and unlock the card, receive transaction notifications, process value loads, set up allowances, order replacements for lost/stolen/damaged cards, and cancel the SpendSmart Card. You can view all card loads from other Givers. IF A GIVER HAS FALSELY CLAIMED TO BE A PARENT/LEGAL GUARDIAN OF YOUR TEEN, OR IF YOUR TEEN HAS CONTACTED ANYONE WHO IS NOT ALLOWED CONTACT WITH HIM/HER, PLEASE CONTACT US IMMEDIATELY AT [email protected]. By logging in and using our service as a parent/guardian, you represent and warrant, in addition to the terms above, that: (i) you are the parent or legal guardian of the Teen; (ii) you will not use SpendSmart Card to harass or spam the mailbox of any Givers. For more information, please see our Privacy Policy.

Authorizations During Card Ordering

When a Parent orders a SpendSmart Card, we will authorize your credit or debit card for the initial card load amount as part of the order process. If you choose not to or are unable to complete the card order, The SpendSmart Payments Company will void the authorization, and we will not charge your credit or debit card.

Refunds

When you cancel a SpendSmart Card, we will refund you for any remaining balance, less any applicable fees. Please allow up to 30 days before a refund is issued, to allow for pending authorizations to be returned to the card balance so that it can be refunded to you in full. SpendSmart Card will issue refunds electronically, whenever possible. If SpendSmart Card determines that it cannot refund you electronically, we will mail you a check to the most recent address on file.

Links to other Websites

Our Websites may contain links to other sites operated by third parties. The SpendSmart Payments Company has no control over third-party sites, is not responsible for the content, accuracy or opinions expressed on such sites, cannot guarantee the content of such sites is accurate, legal, and/or inoffensive, and in no way investigates, monitors or checks such sites. Inclusion of any linked website on our Websites does not imply approval or endorsement of the linked third-party sites by The SpendSmart Payments Company, and we do not warrant that they do not contain viruses or other features that may harm your computer. WHEN YOU ACCESS THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. If you use our Websites’ links to access a third-party site, you understand and agree that you may not make any claim against us for any damages or losses resulting from linking to and/or using said site. If you have a problem with a link from our site, however, please notify us at [email protected].

User Content

When posting or uploading content to our Websites or services located on third party social networking sites, you agree to conform to our code of conduct. In addition to any rules set forth by a third party site where our application is hosted, you agree that:

The SpendSmart Payments Company may reject, refuse to post, or remove any content that we, at our sole discretion, deem unsuitable for our Websites. See below for examples of prohibited content. Nevertheless, The SpendSmart Payments Company assumes no responsibility for monitoring our Websites for inappropriate conduct, or content posted, by third parties. If at any time The SpendSmart Payments Company chooses, in its sole discretion, to monitor our Websites, The SpendSmart Payments Company nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the third-party submitting any such content;
you will not attempt to harvest or collect contact information of other users for the purpose of spamming or sending other unsolicited communications;
you will comply with any applicable laws;
you will not use the Websites in any manner that could damage, disable, overburden, or impair the Websites;
you will not attempt to access, tamper with or use restricted or non-public areas of the Websites.

Examples of prohibited content are content that we find, at our sole discretion:

harasses or intimidates, or promotes the harassment or intimidation of an individual;
promotes racism, bigotry, hatred or the physical harm of any group or individual;
plagiarizes, violates or infringes on upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights;
elicits or promotes any activity that is illegal under applicable local, national or international laws;
links to offensive material such as nudity or violence, or to an adult website;
links to a photograph or video of an individual that you have posted without their consent;
any content we find to be inappropriate in nature.

Violation of the Terms of Use

If we believe you have violated this Agreement, we may, without prior notice, terminate your access to and use of services provided by our Websites. Where applicable, we may take legal action against you or report you to law enforcement, other users on your account, our partners, affiliates, and merchants who use our service.

License Granted by You

By providing User Content to us, which includes submitting or uploading content or materials for use on the Websites, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. Any communication or materials you send to us will be treated in conformance with our Privacy Policy.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Websites and your purchase of products and/or services through our Websites. We may, at our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware of any potential or suspected violation of this Agreement we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and take appropriate enforcement action. During such an investigation we may suspend services to any User, customer, or viewer being investigated, and/or remove any material from our site. You agree to cooperate fully with any such investigation. You acknowledge that violations of this Agreement could be subject to criminal or civil penalties.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. Downloading or using any software from or in conjunction with our Websites is at your sole risk.

Privacy

Your privacy is important to us, and we make efforts to protect the privacy of all Users of our site. Our Privacy Policy is part of our Terms of Use and is here incorporated by reference. Click here to view our Privacy Policy.

DMCA Policy [Digital Millennium Copyright Act]

If you are notifying The SpendSmart Payments Company of alleged copyright infringement, please be sure to provide our Copyright Agent with the following information, as required by 17 USC Section 512:

An electronic or physical signature of the person authorized to act on behalf of the owner of their copyright interest;
A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
A description of the allegedly infringing material and information sufficient to permit us to locate the material on our Websites;
Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
A written statement by you that you have a good faith belief that disputed use is not authorized by the copyright owner, or its agent, or the law; and;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The SpendSmart Payments Company’s Copyright Agent for Notification of Claimed Copyright Infringement is:

Feedback

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with our Websites. Please note that Feedback shall be considered non-confidential and become the property of The SpendSmart Payments Company. By submitting Feedback to us, you agree to a no-charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We are free to use Feedback on an unrestricted basis.

Restrictions

The SpendSmart Payments Company has developed its Websites to be a safe and enjoyable experience for customers of all ages. The Service, however, is permitted for Teens over the age of 13. If you are under the age of 13, you may not use the website for the purposes of requesting, using, or accessing the SpendSmart Card Services. If you are a Parent or Legal Guardian, you may not order a SpendSmart Card for a child under the age of 13. To submit an order you must have a valid credit card and full authority to use it. You agree not to use our Websites or any content contained in it for any illegal or inappropriate activities.

Disclaimers

THE SPENDSMART PAYMENTS COMPANY WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SPENDSMART PAYMENTS COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR WEBSITES. THE SPENDSMART PAYMENTS COMPANY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. THE SPENDSMART PAYMENTS COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ANY PART OF OUR WEBSITES OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH USE OF OUR WEBSITES. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SPENDSMART PAYMENTS COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SPENDSMART PAYMENTS COMPANY DOES NOT WARRANT THAT OUR WEBSITES, ITS SERVERS, OR E-MAIL SENT FROM OUR WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SPENDSMART PAYMENTS COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS, SERVICES AND/OR REWARDS PURCHASED OR RECEIVED THROUGH OUR WEBSITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MERCHANTS, MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SPENDSMART PAYMENTS COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED THROUGH OUR WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE SPENDSMART PAYMENTS COMPANY. HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

Limitation of Liability

YOU AGREE THAT IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY OF THE SPENDSMART PAYMENTS COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES ("THE SPENDSMART PAYMENTS COMPANY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR 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 THE SPENDSMART PAYMENTS COMPANY PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES, ARISING IN CONNECTION WITH (1)OUR WEBSITES; (2) YOUR USE OR INABILITY TO USE THE WEBSITES OR CONTENT; (3) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH A THE SPENDSMART PAYMENTS COMPANY WEBSITE; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH A THE SPENDSMART PAYMENTS COMPANY WEBSITE; OR (5) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS.THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE CUMULATIVE LIABILITY OF THE SPENDSMART PAYMENTS COMPANY PARTIES 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 WEBSITE. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS AND CONDITIONS SHALL BE TO DISCONTINUE ANY USE OF A THE SPENDSMART PAYMENTS COMPANY WEBSITE.

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR ANY TRANSACTIONS ENTERED THROUGH A THE SPENDSMART PAYMENTS COMPANY WEBSITE.

Resource Center

THE SPENDSMART PAYMENTS COMPANY ("SSPC") MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THIS WEBSITE OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SSPC WEBSITE AND CONTENT IS AT YOUR SOLE RISK. SSPC HEREBY DISCLAIMS 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 WEBSITE, CONTENT AND ANY THIRD PARTY WEBSITE OR SERVICES. SSPC DOES NOT WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THIS CONTENT, WEBSITE OR THE SERVER THAT MAKES IT ABAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SSPC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. IN NO EVENT WILL SSPC NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SSPC WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SSPC WEBSITE.

IN MANY INSTANCES, THE CONTENT AVAILABLE THROUGH SSPC REPRESENTS THE OPINIONS AND JUDGMENTS OF THE RESPECTIVE USER OR INFORMATION PROVIDER NOT UNDER CONTRACT WITH SSPC. SSPC NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON ITS WEBSITE BY ANY THIRD PARTY. UNDER NO CIRCUMSTANCES WILL SSPC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SSPC WEBSITE. SSPC IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON YOUR PART BASED ON THE INFORMATION THAT IS PRESENTED ON ITS WEBSITE. PLEASE SEEK THE ADVICE OR PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. SSPC DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SSPC WEBSITE, YOU ACKNOWLEDGE AND AGREE TO SSPC’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SSPC WEBSITE.

Advertising

Our Websites may contain advertisements, product offers and discounts, promotions, and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Websites are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor, nor are we responsible for the goods or services provided by any advertiser or sponsor.

Governing Law; Dispute Resolution

You agree that any legal action brought against us shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Diego, and waive any objection to such jurisdiction or venue. Either The SpendSmart Payments Company or you may demand that any dispute between The SpendSmart Payments Company and you about or involving our Websites must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Diego, CA, USA, provided that the foregoing shall not prevent The SpendSmart Payments Company from seeking injunctive relief in a court of competent jurisdiction.

Void Where Prohibited

The SpendSmart Payments Company operates and administers the www.spendsmartcard.com website from its location in San Diego, California, USA. Although our Websites are accessible worldwide, we make no representations that the content in our Websites is appropriate for access outside the United States. Not all features, products or services discussed, referenced, provided or offered through or on the Websites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Those who choose to access any one of our Websites from outside the United States do so of their own initiative and are responsible for complying with applicable local laws. The SpendSmart Payments Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on our Websites is void where prohibited.

Indemnity

You agree to indemnify, defend and hold harmless the The SpendSmart Payments Company Parties 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 and Conditions or any law, rule or regulation; (2) your use of any The SpendSmart Payments Company website or any content; (3) loss of any data or account information; and (4) any material sent by you to The SpendSmart Payments Company. You will cooperate as fully and reasonably as required by The SpendSmart Payments Company in the defense of any claim. The SpendSmart Payments Company 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 The SpendSmart Payments Company.

Severability

This Agreement is accepted by you upon your use of our Websites, and constitutes the entire agreement between you and The SpendSmart Payments Company regarding the use of our Websites. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. The failure of The SpendSmart Payments Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Assignment

You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to a The SpendSmart Payments Company website provided under these Terms and Conditions, either in whole or in part, without the prior written consent of The SpendSmart Payments Company, 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 and Conditions.

Notices

All notices provided for under these Terms and Conditions are to be provided by e-mail. It is your sole responsibility to ensure the accuracy and reliability of the e-mail address that you provide, and all of our notice delivery obligations shall be deemed completed upon the transmission of the e-mail notice from our computer systems, whether or not such notices are in fact received by you. Any e-mail sent to us shall be deemed received by us at the time such notice is actually received on our computer system.

Headings

Section titles within this Agreement are for convenience and do not define, limit, or extend any provision of the Agreement.

How to Contact Our Corporate Office

If you have any comments or questions, please do not hesitate to contact our Corporate Office:

The SpendSmart Payments Company.
P.O. Box 910889
San Diego, CA 92191-0889
1-858-677-0080 – Phone
1-858-677-0180 – Fax
[email protected]