You acknowledge and agree that Pathward, our licensors, and/or our service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, illustrations, designs, images, video clips, sound recordings and graphics (collectively, the "Contents").
Unless otherwise noted, the Contents are protected as copyrights, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us, and are protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of the Contents is our exclusive property and is also protected by United States and international copyright laws. We and our suppliers and licensors expressly reserve all intellectual property rights in all Contents of our Website. Access to our Website does not confer and shall not be considered as conferring upon anyone any license under any intellectual property rights of us or third parties.
You further acknowledge and agree that Pathward names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the "Marks"), are the property of Pathward, our licensors and/or our service providers. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided herein, we have not granted you a license or rights whatsoever in or to any Contents or Marks, and we and/or our licensors and service providers retain all rights therein.
References on our Website to any names, marks, products, or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party or such third-party information, products, or services unless expressly stated otherwise. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such third-party websites. If you decide to visit any such third-party websites, you do so entirely at your own risk.
You may not reproduce, redistribute, or otherwise use any materials without our express written consent. All rights not expressly granted are reserved.
USE OF WEBSITE
You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software, and other equipment necessary for you to access and use the Website. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
You are responsible for protecting the security of any passwords you use in connection with our Website and the security and integrity of any information you download from our Website.
You acknowledge and agree that when you submit any information to us through our Website, such information may be disclosed and transferred to our respective agents and service providers, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website, or at any e-mail address we have provided at our Website, will be treated as being nonconfidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt.
You acknowledge and agree that we may monitor and keep a record of your use of our Website.
You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.
You agree to indemnify, defend, and hold us harmless for any and all unauthorized uses you may make of the Contents. You acknowledge that the unauthorized use of the Contents could cause irreparable harm to us, and that in the event of any unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
During certain times, our Website may be unavailable for maintenance.
ONLINE ACCOUNT CENTER AND SERVICES
Through our Website, we offer an Internet-based online account management system (“Online Account Center”) which provides a number of online services that permit you to obtain certain account information and to access electronic funds transfer services and other account functions by means of the Internet.
SECURITY OF USERNAME AND PASSWORD
To access the Online Account Center and services, our Website uses a combination of a username and password to ensure the security of your account. You are responsible for keeping your username and password confidential. You acknowledge that we use your username and password to identify you when you log into our Website to access the Online Account Center and that protecting the confidentiality of you username and password is necessary to prevent unauthorized access to your account. You determine what password you will use, and we store your password only in encrypted form. You accept responsibility for the confidentiality and security of your password and agree to change your password as needed to keep it confidential and secure. You further agree to notify us immediately if you believe your login information has been compromised (e.g., lost or stolen) or used without your authorization.
You may use the Online Account Center to request access to your account(s). If you wish to use the Online Account Center to perform account transactions, you must possess any required authority over the account to in order to complete the transaction. By using the Online Account Center services, you agree to maintain sufficient balances in your account to cover any transactions and fees that are ultimately approved by or related to the Online Account Center services.
You agree that we are authorized to act on instructions received under your username and password unless you have previously notified us that your username and password have been compromised or used without your authorization. You are responsible for accurately entering all data to perform such transactions. You agree to hold us harmless for processing in good faith any request via the Online Account Center that we validate as being received from your username and password.
ACCOUNT BALANCE AND TRANSACTION HISTORY
You can use the Online Account Center to check the balance of your account and to view your transaction history. The balance shown for your account may include deposits subject to verification by us. Account balances shown may also differ from your records due to deposits in progress; outstanding transactions; or other withdrawals, payments, or charges. Account balances are updated periodically, and the Online Account Center will display the most current balance and transaction information available for your account.
VIRUS AND MALWARE PROTECTION
We are not responsible for the effects of any electronic viruses or other malware (e.g., trojans, root kits, etc.) that you may encounter and that may infect the computer you use to access the Online Account Center. We encourage you to routinely scan any computer you use to access the Online Account Center using a reputable anti-virus software product to detect and remove any viruses or other malware. If not detected and appropriately neutralized, viruses and malware may corrupt and destroy programs, files, and hardware and may store and transmit non-public, personal information from any such computer without your authorization.
As it relates to our Website(s), we may use the following technologies for security and authentication purposes, to collect certain information when you visit and use our products or services, to deliver online advertisements that we think would be more relevant to your interests, and to monitor interactions from our emails and online advertisements.
- Web Beacons. A web beacon is an electronic file on a Web page that allows us to count and recognize users who have visited that page. Among other things, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. You can generally avoid web beacons in email by turning off HTML display and displaying only the text portion of your email.
- Internet Protocol (IP) Address. When you visit our Website(s), we may capture and retain the IP address of the device you are using, such as a personal computer or a mobile device.
- Location and Usage Information. If you use our mobile application or access our website using a mobile device, we may collect information concerning your location, information about when an App is launched, individual session lengths for Apps, or why an App may not be working.
We may also use AdWords, Facebook or other third party remarketing, sometimes called retargeting, to market our website(s) across the Internet. This means that the third party may use technology, such as a cookie on your browser to identify you on our Website(s) so that they can provide advertising about products and services tailored to your interest. You may opt out of Google’s remarketing here. You may opt out of Facebook remarketing ads by visiting here. If you are concerned about third party cookies presenting ads by Google and other ad networks, you may visit a broader opt out page at the Network Advertising Initiative.
DISCLAIMER OF WARRANTIES AND LIABILITY
OUR WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK.
The Bank is not responsible for any loss, damage, expense, or penalty, including direct, indirect, consequential and incidental damages that result from the access of or use of this Website. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if we have been informed of the possibility of such loss or damage.
OTHER IMPORTANT TERMS