The terms and conditions set forth below contain important information regarding your relationship with Higher One and its service partners. This information will also explain the products and services that you have requested and the rules that will apply to your use of these products and services.
Review this information carefully and print and retain a copy of these terms and conditions for your future reference.
Click on the link below to access important documents.
E-Sign Disclosure and Consent
This E-Sign Disclosure and Consent ("Disclosure"), applies to all Communications for those products and services offered through the Higher One website that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.
The words "we", "us", and "our" refer to Urban Trust Bank ("Bank") and Higher One, Inc., ("Higher One") with whom you have your Account. As used in this Disclosure, "Account" means the account you have with us. "Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.
When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
All Communications that we provide to you in electronic form will be provided either (1) via email, (2) by access to a website that we will designate in an email notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose.
You may withdraw your consent to receive Communications in electronic form by contacting us at 1-877-261-9363. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however your access and use of the Higher One website and Account will be terminated. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
It is your responsibility to provide us with true, accurate and complete email address, contact and other information related to this Disclosure and your Accounts and to maintain and update promptly any changes in this information. You can update information (such as your email address) through the Higher One website.
In order to access, view and retain electronic Communications that we make available to you, you must have:
Higher One recommends that you use the Higher One website with a supported browser. The following is a list of browsers supported by Higher One:
|Internet Explorer||Versions 8 - 10|
We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by logging into the Higher One website. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the Federal Electronic Signatures in Global and National Commerce Act (ESIGN Act), and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
By selecting "I Agree" you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current email address at which we may send electronic Communications to you.
The featured words and symbols used to identify the source of goods may be the trademarks of their respective owners.
Higher One Web Services User Agreement
This Web Services User Agreement ("Agreement") discusses important rules related to your use of the Higher One website and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully, and print this Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person using the Service ("Users"). Unless otherwise stated, "Higher One," "we" or "our" will refer collectively to Higher One, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents, service partners, and contractors.
By clicking "I Agree", "I Accept", or by submitting any information through the Service you agree to the Terms and Conditions of this Agreement and any documents incorporated by reference. You further agree that this Agreement forms a legally binding agreement between you and Higher One, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Higher One. This Agreement is subject to change by Higher One without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Higher One website. Descriptions of material amendments to this Agreement will be posted in advance on the Higher One website. You may review the current Agreement at any time at our Disclosures page.
By registering for the Service, you appoint Higher One as your agent to conduct transactions on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. You acknowledge that (i) Higher One is not a bank and the Service is a transaction processing service rather than a banking service, and (ii) Higher One is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. If you open a deposit account through the Service, you will be subject to the Account Terms and Conditions which will govern the terms of your deposit account.
By initiating any transactions through the Service, you appoint Higher One as your agent to obtain the funds on your behalf per your instructions and to transfer the funds to the recipient that you designate, subject to the terms and restrictions of this Agreement. When you send a payment, until that payment is received by the recipient (which may occur instantly), you remain the owner of those funds and Higher One may hold those funds as your agent, but you will not be able to retrieve those funds or send the funds to any other recipient unless the initial transaction is canceled in accordance with our policies and rules.
In order to use the Service, you must register to receive a valid login. To open an Account through the Service, you may have to be affiliated with an institution of higher education currently under contract with Higher One. Additionally, if your information or actions indicate an unacceptable level of risk, as determined at our sole discretion, you will not be eligible to use the Service. You agree to use the Service for personal use only.
No Multiple Accounts:
Should you register for more than one access to the Service, Higher One reserves the right to terminate your access and will restrict you from the system going forward.
You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as necessary. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Higher One has the right to terminate your use of the Service and Higher One, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Higher One, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report, performing other credit checks or verifying the information you provide against third party databases.
You agree that you will not use any Service to initiate transactions related to illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the Higher One website or any of the services offered therein for any unlawful or fraudulent activity. If Higher One has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with Higher One to investigate any suspected unlawful, fraudulent or improper activity. You agree not to impersonate a Higher One User or a Higher One representative, or to request that a Higher One customer provide you with their password or other information to access their account.
To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Higher One in electronic form. Electronic Communications may be posted on pages within the Higher One website and/or delivered to your email address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Higher One reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Higher One of your decision to do so by contacting us in writing. If you revoke your consent to receive Communications electronically, Higher One may terminate your right to use the Service or charge you monthly fees.
You agree and warrant that you have access to the Internet and to a current functional email address for personal use. Although we will take reasonable steps to contact you based on information that you have provided us, Higher One will not be liable for any undelivered email communications or any costs you incur for maintaining Internet access and an email account. You have an AFFIRMATIVE OBLIGATION to provide Higher One with correct information, including an operational email address, and to notify Higher One promptly as to any changes or cancellations of any and all information, such as email addresses you provide to Higher One. Failure to provide or update Higher One with any of the following may result in suspension of your access to the Service or other measures deemed appropriate by Higher One: (a) current information, including a working and functional email address for personal use, (b) change or cancellation of any of your information, or (c) if Higher One has reason to believe that either has occurred. Higher One reserves the right to take measures to ensure the integrity of its database, and expects that you, as a user, will cooperate and keep your contact and personal information current. If you are affiliated with a college or university or other program sponsoring entity, you agree that Higher One may share your contact information, such as email and mailing address, with that entity.
You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. Higher One is not responsible for losses incurred by Users as the result of their misuse of passwords.
If you use, or attempt to use the Service for purposes other than its intended purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Higher One. At any time, Higher One reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.
Transfer of Account Balance to Higher One: Other Transfer:
If you hold an Account or receive any other Services that may involve a federally-insured financial institution, you may appoint Higher One as your agent, and authorize Higher One, after reasonable notice has been provided to you, and without any further consent on your part to withdraw the full balance of your Account deposits from the FDIC-insured depository institution then holding such deposit accounts by having such depository institution transfer the full balance into another deposit account with another FDIC-insured depository institution. You further authorize Higher One, as your agent, after reasonable notice has been provided to you and without any further consent, to direct the FDIC-insured depository institution then holding your deposit account to transfer your deposit account and all of such depository institution's related obligations and responsibilities to an assuming FDIC-insured depository institution designated by Higher One.
You agree to indemnify and hold Higher One, its affiliates, officers, directors and employees, agents and contractors harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.
Security Interest; Higher One's Right to Setoff:
To secure your performance of this Agreement, you grant to Higher One a lien on and security interest in any account opened or registered through the Service. In addition, you acknowledge that Higher One may setoff against any accounts you own for any obligation you owe Higher One at any time and for any reason allowed by law. Higher One may consider this Agreement as your consent to Higher One's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.
Choice of Law:
This Agreement is governed by and interpreted under the laws of the State of Connecticut.
Higher One shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Closing and Restricting Access to the Service:
Higher One, at its sole discretion, reserves the right to restrict or terminate access to the Service at any time for any reason, including but not limited to a violation of this Agreement or if you open an Account and violate the Account Terms and Conditions or fail to keep your Account in good standing. For example, if you violate any applicable terms and conditions or overdraw your Account, Higher One may restrict your ability to make changes to your profile, preferences and settings. To the extent your Account has a negative balance for a period of one (1) year, your Account will be closed, you will continue to be responsible for paying us the amount of your negative balance, and we may report this information to ChexSystems. Higher One, at its sole discretion, also reserves the right to periodically retrieve and review a consumer report for any account, and reserves the right to close an account based on information obtained during this review process, or inability to properly verify the identity of the account holder. Higher One, at its sole discretion, also reserves the right to restrict your usage of the Service if required by law or if it has reason to believe that transactions are fraudulent. If your access is restricted, you will be notified by email and requested to provide information relevant to your access of the Service and/or account. Higher One will investigate the matter promptly. If the investigation is in your favor, we will remove the access restriction to the Service.
Higher One, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.
Higher One's website, HIGHER ONE and all related logos, products and services described in this website are either trademarks or registered trademarks of Higher One or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Higher One. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Higher One and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Higher One.
Limit on Liability:
To the fullest extent permitted by law, we will not have any liability in connection with any unauthorized interception or use of data relating to you or the Service; any inability to use or access the Higher One website for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which we do not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. We will not have liability of any adverse affects to your account caused by any Spam Block programs or Fire Walls that may prohibit email communications and/or account information access available through the Internet.
The Service accessible through the Higher One website is provided "as is" and with all faults, and we hereby disclaim, for ourselves and for each other entity involved in the provision of the Service, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses. In no event shall we be liable (a) for damages caused other than by our own gross negligence or intentional misconduct or (b) for indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Higher One website or any Service, even if we have been advised of the possibility of such damages. In no event shall we be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, act of God, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). Limitations on this disclaimer with respect to certain electronic funds transfers are stated in the Electronic Fund Transfers Disclosure set forth in the Account Disclosures.
Higher One strongly suggests that you use a web browser with 128-bit encryption. For more information, please visit our Security Policy. However, regardless of whether you use a web browser with security features, Higher One is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.
Account Terms and Conditions and Related Disclosures
These terms and conditions and related disclosures ("Agreement") govern the use of your checking account ("Account") issued by Urban Trust Bank. This Agreement is by and between the account holder, Urban Trust Bank ("Bank"), and Higher One, Inc. ("Higher One"). In this Agreement, the words "we", "our", or "us" mean Urban Trust Bank and Higher One, and the words "you" and "your" mean the individual account holder or such other user of the Account.
The Account is also subject to the Higher One Web Services User Agreement, and any other information we may provide to you from time to time on the Higher One website. To the extent of any inconsistencies between this Agreement and any other terms or conditions provided to you, the terms of this Agreement will govern the Account.
Before using the Account review the following important Account information and related disclosures which apply to the Account:
Account Terms and Conditions
By opening the Account, you accept and agree to this Agreement and any future amendments as communicated to you by us from time to time in accordance with this Agreement.
By using the Account, you agree to the terms of this Agreement and the applicable Schedule of Fees that may be imposed. You grant us the right to collect the fees, as earned, directly from your Account balance. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this Agreement.
Account Sweep: sub-accounts
Your Account may consist of two sub-accounts. One sub-account is a demand deposit account (the "checking sub-account") and the other sub-account is a savings deposit account (the "savings sub-account"). These accounts are treated as a single account for purposes of certain record keeping, fees, and paying items presented against your account. The periodic statement of activity on your Account and any record of your Account at any automated teller machine, will reflect this Account as a single account, and will not select the sub-accounts in any way. Neither sub-account pays interest on account balances. Although we have no intentions of exercising this right, federal regulations require us to reserve the right to require at least seven (7) days written notice prior to withdrawal or transfer of any funds in the savings sub-account. You may only access your savings sub-account through transactions on your checking sub-account.
At various times during each statement cycle, should your checking sub-account balance exceed a threshold amount, all funds in the checking sub-account in excess of that amount may be transferred into the savings sub-account. As funds in the savings sub-account are needed to pay items presented against your checking sub-account, they will be transferred back into the checking sub-account. Transfers into the checking sub-account will be made up to five times per statement cycle. If a sixth transfer is needed in any statement cycle, the entire balance of the savings sub-account will be transferred into the checking sub-account. The threshold balance is set by us and may be changed at any time at our discretion.
Internet Enabled Accounts:
You certify that you have access to the Internet and a current email address. You have sole responsibility for providing us with a correct and operational email address. You must promptly notify us of any change in your email or postal mailing address, or if you are unable to access your account information through the Internet. If you do not promptly notify us, we will not be held liable for any adverse affects to your Account as a result of undelivered mail or email or due to the inability to access your Account information over the Internet. We are not responsible for any costs that you incur for maintaining Internet access and an email account.
You have consented to accept this Agreement and any other agreements, notices, disclosures or other communications regarding the Account in an electronic form. Electronic communications may be posted on the pages within the Higher One website and/or delivered to your email address. Remember to print a paper copy of any electronic communication and retain it for your records. All communications in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. We reserve the right to provide any communication in paper format.
Remember that your consent to receive communications electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive communications electronically, we may terminate your Account or your right to use the Higher One website to the extent permitted by law.
Illegal, Fraudulent or Improper Activity:
You will not use the Account for any illegal, fraudulent or improper activity. If we suspect that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of any terms and conditions relating to the Account, your access to the Account may be suspended or terminated. You understand that transactions in your Account may be suspended or terminated if an access device has been reported lost or stolen or when we reasonably believe that there is unusual activity in your Account. You will cooperate fully with us to investigate any suspected illegal, fraudulent or improper activity related to your Account.
You will not disclose your password to access the Higher One website or this Account to any person. You will notify us immediately if your password is compromised or lost.
We strongly suggest that you use a web browser with 128-bit encryption. Regardless of whether you use a web browser with security features, we are unable to ensure that the data transmitted by you to us, or from us to you, will not be intercepted by third parties. To further ensure the security of your account, we encourage you to avoid transmitting confidential information through email communications.
We may change this Agreement at any time and, if such change will adversely affect your Account, we will give you notice before the effective date of the change as required by applicable law. We may provide this notice to you by emailing the notice to you directly or by posting the notice on the Higher One website through which you access this Account.
Suspension of Certain Services and Fees:
To the extent that your Account has a negative balance for sixty (60) consecutive days, your Account will be placed into a suspended status which will prohibit (i) the effective use of your Account and (ii) the incurrence of any insufficient funds fee to the Account until such time that you bring your Account current.
Consumer Credit Reports:
To the extent permitted by law, we may obtain consumer credit reports to determine whether you continue to meet the requirements for your Account, in connection with any service that you request or receive.
Closing the Account:
We may close your Account at any time for any reason and without notice to you. We will close your Account when you incur $500.00 or more insufficient funds fees during any calendar year. We will not be liable to you for dishonoring any check or other payment order presented for payment after we close your Account. We will mail you a notice that we have closed your Account and tender the Account balance, less any fees or charges, personally or by mail.
You may close this Account at any time as long as you do not have a negative balance. In order to close your Account, you must have a minimum balance greater than or equal to $0.00 and less than or equal to $1.00. Please note that you will be responsible for any fees, penalties or charges owed to us.
You may not assign or transfer any rights or obligations you may have under this Agreement, or with respect to the Account, without our prior written consent. We reserve the right to transfer at any time any right or obligation under this Agreement without your consent unless otherwise stated herein.
Any items accepted for deposit will be given provisional credit in accordance with our Funds Availability Disclosure Policy until collection is final. We are not responsible for transactions initiated through mail or outside depository until we actually receive and record them. All transactions received after our "daily cut-off time" on a business day we are open, or received on a day in which we are not open for business will be treated and recorded as if initiated on the next following business day that we are open. Any funds sent to you by another User before you open your Account, may be held for your benefit in escrow and then released upon Account opening, and will be subject to the same availability rules, as if your account had been open at the time the funds were sent. We may refuse a deposit, limit the amount of a deposit, or return all or a portion of a deposit. Deposits are subject to verification by us. Checks shall be payable through WEX Bank, a subsidiary of Wright Express Corporation.
Please do not send cash deposits through the mail. In the event that cash deposits are received, you agree that our determination of the amount of the deposit will be final. We are not liable for any deposits, including cash, lost in the mail, lost in transit or not received by us.
Third Party Checks:
We will not accept third party checks for deposit. In the event that we receive a third party check, we will not deposit the check into the Account. Third-party checks will be returned to the sender via U.S. mail and we will not be liable for any checks that may become lost in the mail.
Any check or other item submitted for deposit will be endorsed exactly as it was made payable. You warrant that all endorsements on items deposited to your Account are genuine. Any endorsement must be placed in the 1-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information. If you fail to do this, you may be required to reimburse us for losses incurred. In the absence of endorsement, you authorize us to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.
Deposited Items Returned:
If final payment is not received on any item you deposited to your Account, or if any direct deposit, automated clearinghouse deposit or electronic funds transfer to your Account is returned to us for any reason, you agree to pay us the amount of the return. We may charge any Account of which you are an owner, or re-present any item you deposit with us that is returned to us unpaid without prior notice to you. Please be advised that if your third party bank returns an Automated Clearing House ("ACH") transaction to Higher One due to insufficient or uncollected funds, we will automatically re-attempt to successfully complete the transaction with your bank up to 2 additional times, as permitted by law. We may charge a fee for returned deposited items in accordance with our Schedules of Fees.
You authorize us to attempt collection of previously returned items which you deposited. In our attempts to collect these items, you agree that we may allow the payor bank (the bank on which the item is drawn) to hold the item beyond its midnight deadline. If an item you deposit is returned unpaid, you waive the requirement for notice of this return.
If a claim is made on any item, subsequent to final payment, on the grounds that the item was altered, bears a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold credit for the item from your account until final determination of the claim. In addition, we will not be liable for a check or draft or other item that you deposit that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration.
If, in connection with a direct deposit plan, we deposit any amount in this Account which is claimed by the federal government or any state government for any reason, you authorize us to deduct the amount of liability from this Account or from any other Account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of liability.
You may withdraw or transfer all or any part of the Account balance at any time on forms approved by us. We may charge your Account for a check, even though payment was made before the date of the check. The fact that we may honor withdrawal requests which overdraw the finally collected Account balance does not obligate us to do so unless required by law. Withdrawals will first be made from collected funds and we may, unless prohibited by law or our written policy, refuse any withdrawal request against unavailable funds, even if our general practice is to the contrary. We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted which is for an amount less than any minimum withdrawal requirement or which exceeds any frequency limitation. Even if we honor a nonconforming request, repeated abuse of the stated limitations (if any) may eventually force us to close this Account.
You agree to maintain sufficient available funds on deposit to cover all items presented for payment against your Account. If you do not, payment may be refused. We reserve the right, without prior notice to you, to either pay or return any item presented for payment against insufficient or unavailable funds. In addition to the amount of the item, we may charge your Account a fee for the payment, or return of the item against insufficient or unavailable funds, in accordance with our Schedules of Fees. We are under no obligation to honor post-dated checks, with or without notice by you. Post-dated checks may be paid upon receipt from your account as any other check which is properly dated.
You agree immediately upon notice from us to deposit funds sufficient to cover the overdraft plus applicable charges. If we choose to honor any debit item that overdraws the Account we do so at our discretion and will not be obligated to do so thereafter. We will pay checks presented for payment against your Account in the posting order, as sorted by serial number.
Effective January 3, 2013: Typically, we will post credits first and will pay all other items by type in the date and time order of the transaction received unless a) it is a check or a converted check that contains a serial number or b) a date and time stamp is not present. Items with serial numbers will be paid in serial number order and items without date and time stamps will be paid in the order they are received.
We reserve the right to change the posting order presented to your Account, for payment, at anytime without notice to you.
If you fail to pay an overdraft that has occurred on your Account, we may report this information to ChexSystems.
ACH and Wire Transfers:
This Agreement is subject to Article 4A of the Uniform Commercial Code in the state in which you have your Account with us. If you originate a funds transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearinghouse association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional, until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your Account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an Account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit. Wire transfer services are not available for all account products. See your applicable fee schedule for further details.
Green Dot® MoneyPak® Transfer/Reload @ the Register™:
You may use the MoneyPak Number to add funds to your Account. You may use Reload @ the Register to add funds to your Account by asking the cashier to add cash directly to your debit MasterCard. The value associated with your MoneyPak is not insured by the FDIC until it is transferred into your Account. We are unable to replace the funds on your MoneyPak if it is lost or stolen. We may refuse to process any transaction that we believe may violate the MoneyPak Terms and Conditions of Use. We are not responsible for your MoneyPak and you should refer to and review the MoneyPak Terms and Conditions of Use.
Ownership of Account:
You are opening a single party Account and it will be owned by you individually.
We may accept a written or oral stop payment order from you. We may require you to complete a form authorizing the order (find the form under the Customer Service drop down menu on your Account page). You must give us sufficient notice so that we have a reasonable opportunity both to verify that the item is unpaid and to act on your request. You should not expect the stop payment to be effective until you have received confirmation of such. We may charge you a fee for each stop payment order and each renewal of the order as set forth in the Schedules of Fees.
To place a stop payment order on a check, we require the Account number and Check number. We may also require the reason for the stop payment request.
A check stop payment order generally expires after six months. However, we may in our sole discretion, elect to honor a stop payment order for a longer period of time without notice to you. If you want the order to continue after six months, you must ask us to renew the order. Each renewal is treated as a new order. If you want the order to expire in less than six months a request to cancel a stop payment must be submitted in writing. Your request to cancel the order is not effective until we have a reasonable opportunity to act on it. You should not expect the stop payment to be canceled until you have received confirmation of such. We cancel the order automatically when the Account on which the check is drawn is closed.
If the check is presented to us for payment after the order expires we may pay the check.
To place a stop payment on an eCheck/ACH, we require the merchant name, ACH amount and reason. If you give us the wrong ACH amount (even one penny off) or the wrong merchant name, we may pay the eCheck/ACH. We may use only a portion of the required information to identify the eCheck/ACH.
An eCheck/ACH stop payment order does not expire. If you would like to cancel the order a request to cancel a stop payment must be submitted in writing. Your request to cancel the order is not effective until we have a reasonable opportunity to act on it. You should not expect the stop payment to be canceled until you have received confirmation of such. We cancel the order automatically when the Account on which the eCheck/ACH is drawn is closed.
You agree to hold us harmless for said amount, and for all damages, expenses and costs incurred on account of refusing payment of said check or ACH, and you further agree not to hold us liable on account of payment contrary to a stop payment order if such payment occurs through inadvertence, oversight or accident, or if the check or ACH is not described with absolute accuracy and certainty as to all details, especially the amount of said check or ACH.
We may pay the check or the ACH if presented to us after the order is canceled in writing.
Transfer of Account Balance to Higher One; Other Transfer:
You hereby appoint Higher One as your agent for purposes of any deposit Account you may open. You specifically authorize the Bank, at the direction of Higher One, to transfer the full balance of the Account to Higher One, as your agent, so as to permit Higher One to place such balance with another Federal Deposit Insurance Corporation ("FDIC")-insured depository institution. You also authorize the Bank to transfer any Account balance directly to a successor FDIC-insured depository institution as designated by Higher One without any further consent on your part. Upon any such transfer, the Bank's obligations and responsibilities with regard to you and your Account shall cease, and this Agreement shall terminate.
You agree to examine and reconcile your statement of Account within 30 days of its posting on the Higher One website through which you access this Account. If you discover (or reasonably should have discovered) any unauthorized payments or alterations, you must promptly notify us of the relevant facts.
You are responsible for keeping track of your Account available balance. Merchants generally will not be able to determine your available balance. It's important to know your available balance before making any transaction. You may access your available balance by accessing your Account online or by calling 1-877-261-9363. Statements in electronic format will be made available free of charge at the Higher One website during each month in which a transaction occurs.
If you fail to do either of these duties you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement, but other items forged or altered by the same wrongdoer.
You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance exceed a total of 60 days from when the statement is first made available to you.
You further agree that if you fail to report any unauthorized signatures, alterations, forgeries or any other errors in your Account within 60 days of when we make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This 60-day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.
Right of Setoff:
We may (without prior notice and when permitted by law) set off the funds in this Account against any due and payable debt you owe us now or in the future.
We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this Account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.
We may consider your Account to be abandoned if there has been no customer-initiated activity on your account for a period of six (6) consecutive months unless prohibited by applicable law. "Customer initiated activity" includes making a deposit or withdrawal, writing to us about your account, or otherwise showing an interest in the Account, such as asking us to keep the Account active. Charges we may impose are not considered a customer initiated activity.
If your Account becomes abandoned, we may do the following, subject to applicable law:
If you re-establish contact with us and the Account returns to active status, we do not have to reimburse you for these fees.
All abandoned Accounts will be subject to service charges in accordance with our Schedules of Fees.
We are generally required by law to deliver to the applicable state agency any funds in an account if you do not initiate a transaction (deposit or withdrawal) for a period of time as defined by applicable state regulation. We will provide applicable notices to you, as required by law. You agree that we are not responsible for any funds delivered to the state in compliance with the laws of the applicable state agency.
Court Attachments; IRS Levies; Adverse Claims:
If your Account becomes subject to legal action, such as a tax levy or third party garnishment, we reserve the right to refuse to pay any money from your Account, including checks or other items presented for payment, until the action is resolved. If we are required to pay an attachment, garnishment or tax levy, we are not liable to you. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to a garnishment, levy or attachment on your Account. We may charge these expenses to your Account. Until we receive the appropriate court documents, we may continue to process transactions against your Account, even if we have received an unofficial notification of an adverse claim. You will indemnify us for any losses if we do this.
Fees and Charges:
You agree to pay all fees and charges applicable to this Account. Please refer to the Schedules of Fees for the charges associated with certain transactions and/or requests.
Contacting Higher One:
By US Mail: Higher One, 105 Munson St New Haven, CT 06511
By Toll-free Telephone: 1-877-261-9363
By Internet: www.FSWDebitCard.com
Funds Availability Policy Disclosure
We only accept items for deposit that are drawn on financial institutions located in the United States.
You are required to maintain your account in good standing at all times. 'Good Standing' shall be determined by Higher One in its sole discretion. Accounts in good standing may be granted a 'Courtesy Availability Amount' greater than that required by regulation. However there is account activity that may jeopardize your account standing. Examples include, but are not limited to, repeated overdrafts of your account, returned deposited items, large deposits, frequent mail deposits and bounced Transfer Money transactions. If your account is not in good standing, your Courtesy Availability Amount may be reduced.
DETERMINING THE AVAILABILITY OF A DEPOSIT
Our policy is to delay the availability of funds that you deposit in your Account. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.
The length of the delay is counted in business days from the date of your deposit. Every day is a business day except Saturdays, Sundays, and Federal holidays. If a deposit is received before 2pm on a business day, we will consider that date to be the date of your deposit. However, if the deposit is received after 2pm or on a day that we are not open, we will consider that the deposit was made on the next business day we are open. The length of the delay varies depending on the type of deposit and is explained below.
Same Day Availability
Funds from electronic direct deposits (such as Financial Aid Refund or direct deposit payroll) are available on the business day we receive the deposit. Green Dot MoneyPak transfers are available on the business day we receive the deposit. Green Dot Reload @ the Register transfers are available on the business day we receive the deposit.
Next Day Availability
Funds from the following sources are available not later than the business day after the banking day on which the deposit is received:
Add/Send Money Transfers
Transfer Money transactions to your Account - In order to move the money as you request, we send instructions to the third-party bank via the ACH network to charge your other bank account. Because we do not know if you have sufficient funds at the third-party bank, we do not typically provide immediate availability. As a courtesy to our customers, we will make available up to your Courtesy Availability Amount on the next business day after the day of deposit. The Courtesy Availability Amount will be determined by your account status as determined by Higher One.
Transfer Money transactions you receive from other OneAccount holders - In order to move the money as you request, we send instructions to the third-party bank via the ACH network to charge your other bank account. Because we do not know if you have sufficient funds at the third-party bank, we do not typically provide immediate availability. As a courtesy to our customers, we will make up to your Courtesy Availability Amount the next business day after the day of deposit. The Courtesy Availability Amount will be determined by your account status as determined by Higher One.
Other Check Deposits
Our policy is to make the funds from checks, ineligible for next day availability, available as follows:
The first $200 will be available no later than the first business day after the day of deposit. The remaining funds will be available no later than the second business day after the day of your deposit. (If you maintain your account in good standing, as determined solely by Higher One, you may receive up to $500 in next day availability. Frequent deposits by mail are highly unusual for our customers. If more than one mail deposit is received within a five (5) day period, next day availability will be limited to $200 per day.)
Money Order Guidelines
Deposits of U.S. Postal Service money orders are available no later than the first business day after the day we receive the deposit, when your deposit is mailed to Higher One.
Unlike U.S. Postal Service money orders, deposits of non-postal money orders (e.g., Western Union, MoneyGram) are not guaranteed and the funds will not be immediately available.
LONGER DELAYS MAY APPLY
Funds you deposit by check may be delayed for a longer period under the following circumstances:
We will notify you by email if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the 7th business day after the day of your deposit. You may ask us if you need to know when a particular deposit will be available for withdrawal.
Special Rules for New Accounts
If you are a new customer, the following special rules apply during the first 30 days your Account is open. An Account is open when the first deposit is made to the Account.
Funds from electronic direct deposits, Green Dot MoneyPak transfers, Green Dot Reload @ the Register and wire transfers to your Account will be available on the day we receive the deposit. Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's and federal, state and local government checks and US Postal Service money orders will be available the first business day after the day of your deposit. The excess over $5,000 will be available no later than the 9th business day after your deposit. Funds from all other check deposits will be available no later than the 9th business day after the day of your deposit.
Changes to Policy Disclosure
If any of the above policy disclosure is changed, a description of the change will be sent to you at least thirty (30) days prior to implementing the change. However, if the change expedites the availability of funds, we may provide you with notice of such change up to thirty (30) days after the change is implemented.
Electronic Fund Transfers: Your Rights and Responsibilities
Indicated below are types of Electronic Fund Transfers we process, some of which may not apply to your Account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.
For the purposes of this Electronic Fund Transfers disclosure, our banking days are Monday-Friday. Weekends and bank holidays are not included.
ACH, Automatic and Preauthorized Transfers:
You may make arrangements for certain direct deposits (such as some payroll deposits) to be made directly into your Account. You may make arrangements to pay certain recurring bills or to pay for purchases made through the Internet or telephone from your Account.
Electronic Fund Transfers Initiated By Third Parties:
You may authorize a third party to initiate electronic fund transfers between your Account and the third party's account. These transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the Automated Clearing House (ACH) or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways. For example, your authorization to convert a check to an electronic fund transfer or to electronically pay a returned check charge can occur when a merchant provides you with notice and you go forward with the transaction (typically, at the point of purchase, a merchant will post a sign and print the notice on a receipt). In all cases, these third party transfers will require you to provide the third party with your account number and bank information. This information can be found on your check as well as on a deposit or withdrawal slip. Thus, you should only provide your bank and account information (whether over the phone, the Internet, or via some other method) to trusted third parties whom you have authorized to initiate these electronic fund transfers.
Examples of these transfers include, but are not limited to:
You may get access to your account 24 hours a day at 1-877-261-9363 in order to:
Debit MasterCard® Card Transactions
You may access your Account by Automated Teller Machine ("ATM") using your Debit MasterCard® card and your PIN (personal identification number) to:
Debit MasterCard® Card Point-of-Sale ('POS') Transactions
You may access your Account to purchase goods (in person, online or by phone), or to pay for services (in person, online or by phone) at any location that accepts Debit MasterCard®.
You may not exceed $2,500.00 in POS Transactions per day with the Debit MasterCard® (PIN-based transactions may not exceed $500.00).
A hold may be placed on the funds available in your Account to cover the transaction. The hold will be in the amount of the transaction request that has been submitted by the merchant for authorization. Held funds will not be available for withdrawal or check writing purposes during the hold period. You will be responsible for resolving disputes concerning the quality of goods and services purchased or concerning the amount of the hold with the merchant that accepted the card.
You may access your Account by computer with your user ID and Password and internet access to www.FSWDebitCard.com to:
Your username and password act as your signature to authorize any requested transactions through the online banking service. For transfer transactions, your request will only be completed if you have sufficient funds in the Account from which you wish to transfer funds and DUAL AUTHENTICATION. Limitations are set for security reasons and are not disclosed for that reason. Transfers may be delayed based on the time of transaction and the type of transfer service you are utilizing to process the transfer.
We do not charge for direct deposits to the Account. Please refer to the separate Schedules of Fees for additional information about fees.
ATM Operator/Network Fees
When you use an ATM not owned by us, we will charge you a fee and you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Charges Made in Foreign Currencies
If you obtain your funds or make a purchase in a currency other than the currency in which your Account was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated into an amount in the currency of your Account. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Account was issued, we may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for our services.
Personal Identification Number (PIN) and Passwords
Your PIN and password are identification methods that are both personal and confidential. You are required to use your PIN with your OneCard at an ATM or ATM Merchant terminal. It is a security method by which we help you maintain the security of your Account. Your password is another security method that maintains the security of your Account and the transactions you process online. Therefore, you agree to take all reasonable precautions that no one else learns your PIN or password. As such, you agree that you will not reveal your password, PIN, or any other access device to any person nor write your PIN or password on your card or on any item kept with your access devices; and not leave a computer terminal unattended after you have logged on using your password or other access device.
If you have told us in advance to make regular payments out of your Account, you can stop any of these payments with timely notice to us. Contact us at the website, telephone number or address listed in this disclosure in time for us to receive your request three business days or more before the payment is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within 14 days after you call. Please refer to our Schedules of Fees for the amount we will charge you for each stop payment order you request.
Notice of varying amounts
If these regular preauthorized payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made, and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set.)
Liability for failure to stop payment of preauthorized transfer:
If you order us to stop one of these payments 3 business days or more before the transfer is scheduled and we do not do so, we will be liable for your losses or damages.
Documentation Terminal transfer:
You can get a receipt at the time you make any transfer to or from your Account using most automated teller machines or point-of-sale terminals.
Statements in electronic format will be made available free of charge at the Higher One website during each month in which a transaction occurs. If you request, you may also receive a printed history of your Account by calling 1-877-261-9363 or through the website at www.FSWDebitCard.com.
If you have arranged to have direct deposits made to your Account at least once every 60 days from the same person or company, you can call us at 1-866-309-7452 Monday - Friday from 8 a.m. to 11 p.m. Eastern Time to find out whether or not the deposit has been made.
Financial Institution's Liability:
Liability for failure to make transfers:
If we do not properly complete a transaction from your Account on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
Tell us AT ONCE if you believe your card and/or PIN has been lost or stolen. Contacting us through the website is the best way of keeping your possible losses down. If you believe your card and/or PIN has been lost or stolen or that someone has transferred or may transfer money from your Account without your permission, contact us via the website or the telephone number or address listed in this brochure. Under MasterCard International Bylaws and Rules, your liability for unauthorized MasterCard transactions on your Account is $0.00 if you notify us promptly and you exercise reasonable care in safeguarding your card from loss, theft, or unauthorized use. This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period. If you tell us within two (2) business days, you can lose no more than $50.00 if someone used your card and/or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or PIN, and we can prove we could have stopped someone from using your card and/or PIN without your permission if you had told us, you could lose as much as $500.00. Also, if your statement (through the website or by the monthly mailed statement) shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after your Account history has been made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time and you are grossly negligent or fraudulent in the handling of your card. If extenuating circumstances keep you from telling us within the stated time, we shall extend the times specified above to a reasonable period.
Error Resolution Notice:
In case of Errors or Questions about your Electronic Transfers and Statements:
If you think your statement or receipt is incorrect or if you need more information about a transfer listed on the statement or receipt, contact us via our website at www.FSWDebitCard.com, or telephone us at 1-877-261-9363 or write us at Higher One, Inc., Attn: Disputes, 105 Munson St New Haven, CT 06511. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or 60 days from when your account history was first made available to you through the website. 1) Tell us your name, card number, and account number (if any). 2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3) Tell us the dollar amount of the suspected error.
If you tell us orally, we will require that you send us your complaint in writing within 10 business days. We will tell you the results of our investigation within 10 business days (or 20 business days for a new account) after we hear from you and will correct any error promptly, if warranted. If our investigation takes longer than 10 business days (or 20 business days, as applicable), we will credit your Account with any amount you believe to be in error, unless we do not receive your written complaint within 10 business days. In any event, we will investigate and correct any error which has occurred no later than 45 days after you have first contacted us. We may take up to 90 days to investigate your complaint for errors involving new accounts, point-of-sale, or foreign-initiated transactions. We will notify you of the results within 3 business days after completing our investigation, and if we conclude that no error has occurred, we will send an explanation to you. If we have provisionally credited your Account during the investigation and determine that there was no error, you will be required to return any credit of funds you have received from us. You may ask for copies of the documents that we used in our investigation.
We may disclose information to third parties about your Account or the transfers you make:
(i) Where it is necessary for completing transfers, or
(ii) In order to verify the existence and condition of your Account for a third party, such as a credit bureau or merchant, or
(iii) In order to comply with government agency or court orders such as any subpoena, summons, court or administrative order, or other legal process which we believe requires our compliance, or
(iv) As otherwise described in our Privacy Statement, or
(v) If you give us your written permission.
By US Mail: Higher One,105 Munson St New Haven, CT 06511
By Toll-free Telephone: 1-877-261-9363
By Internet: www.FSWDebitCard.com
Online Bill Payment Terms and Conditions
These terms shall be part of the Account Terms and Conditions and shall apply to any use of the Online Bill Payment Service offered by Higher One ("Service").
"Agreement" means these Terms and Conditions of the Service.
"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.
"Due Date" is the date reflected on your Recipient statement for which the payment is due. It is not the late date or grace period.
"Recipient" is the person or entity to which you request a bill payment to be directed.
"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Recipient.
"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.
"Scheduled Payment Date" is the day your Account will be debited and is also the day the Service will begin processing your payment, unless the Scheduled Payment Date falls on a non- Business Day in which case it will be considered to be the next Business Day.
When scheduling payments you must provide the correct information, such as the correct name, address, phone number or account information for the Recipient. Scheduled payments submitted before 1 p.m. EST on any given Business Day, will be processed on the same Business Day. Payments submitted after 1 p.m. EST will be processed on the next Business Day.
Payments issued electronically will begin processing on your Scheduled Payment Date and will arrive approximately three (3) Business Days after the Scheduled Payment Date. When scheduling payments, you must select a Scheduled Payment Date that is no fewer than three (3) Business Days before the actual Due Date, not the late date or grace period.
If electronic delivery is not available for the Recipient, payments will be issued by paper check. Payments will begin processing on your Scheduled Payment Date and will arrive approximately six (6) Business Days after the Scheduled Payment Date. When scheduling payments, you must select a Scheduled Payment Date that is no fewer than six (6) Business Days before the actual Due Date, not the late date or the grace period.
Expedited Online Bill Pay:
You may schedule electronic bill payment for same Business Day payment. Same Business Day electronic bill payment must be scheduled before the Recipient's cutoff-time on any Business day. Payments initiated after this time on a Business Day or initiated on a non-Business Day will be processed the next Business Day for delivery to the Recipient.
There is a fee for same Business Day electronic bill payment. When scheduling a payment, the expedited bill payment option will be displayed, if available for that Recipient. Expedited bill payment will not be an available option if you are making a payment to a Recipient for whom electronic delivery is not available. The fee for expedited bill payment is $4.95 per bill payment.
If you initiate an expedited bill payment you must have sufficient funds in your account at the time you initiate the payment. Your requested bill payment will be processed immediately and your deposit account balance will be reduced and reflect the debit for your requested bill payment. The fee associated with the expedited bill payment will be debited from your Account as well. If you do not have sufficient funds in your Account to process both the requested same Business Day electronic bill payment and the associated fee, the payment will not be processed.
The Service Guarantee:
Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Recipients or financial institutions, some transactions may take longer to be credited to your Account. The Service will bear responsibility for any late payment related charges, up to $40.00 per incident and no more than $60.00 during any calendar year, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.
Payment Authorization and Payment Remittance:
By providing the Service with names, addresses and account information of Recipients to whom you request us to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Recipient directives.
Please be aware that by initiating an online bill payment you are authorizing us to debit your Account to pay the indicated recipient on your behalf. In using the Service, you understand that Recipients and/or the United States Postal Service may return payments to the Service for various reasons. The Service will use its best efforts to research and correct the returned payment and return it to your Recipient, or void the payment and credit your Account.
The Service will use its best efforts to make all your payments properly. However, the Service will incur no liability and any Service guarantee will be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: a) If, through no fault of the Service, your Account does not contain sufficient funds to complete the transaction; b) The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction; c) You have not provided the Service with the correct information such as the correct name, address, phone number, or account information for the Recipient; and d) Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Account or causes funds from your Account to be directed to a Recipient inconsistent with your Payment Instructions, the Service will be responsible for returning the improperly transferred funds to your Account, and for directing to the proper Recipient any previously misdirected transactions.
The Service reserves the right to select, at its sole discretion, the method in which to remit funds on your behalf to your Recipient. These payment methods may include, but may not be limited to, an electronic payment or a check payment.
Payment Cancellation and Stop Payment Requests:
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be canceled or edited; therefore, a stop payment request must be submitted. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service will not have liability for any third party charges that may be incurred. The Service may also require you to present your request in writing. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedules.
Limitation on Payments:
Payments to Recipients outside of the United States or its territories are prohibited through the Service. You also agree to use the Service for lawful payments only. Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event will the Service be liable for any claims or damages resulting from you scheduling these types of payments. The Service guarantee, as it applies to any late payment related charges, is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from this type of payment. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility and not that of the Service.
The Service reserves the right to refuse, at our sole discretion, to pay any Recipient to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Recipient designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.
Exclusions of Warranties:
THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Agreement does not alter your liability or obligations that currently exist between you and your Recipients.
Password and Security:
You agree not to give or make available your password or other means to access your Account to any other individuals. You are responsible for all payments authorized through your Account using the service. If you permit other persons to use the Service, your password, or other means to access your Account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your Account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money with or without your permission, you must notify the Service immediately.
Services Fees and Additional Charges:
Any applicable fees are displayed on the website or set forth in the applicable fee schedules in effect from time to time. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your Account for these amounts and any additional charges that may be incurred by you. Any fees associated with your Account will continue to apply.
Alterations and Amendments:
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service will provide notice to you on the web or as required by law. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such changes. Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.
Service Termination, Cancellation, or Suspension:
In the event you wish to cancel the Service, you may have the ability to do so online, or you may contact Customer Service. Any payments the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time, at its sole discretion. Any abuse or commercial use of the Service can result in immediate termination of your use of the Service. Neither termination nor suspension will affect your liability or obligations under this Agreement.
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any marketing or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service communicates and the terms of this Agreement, the terms of this Agreement will prevail. Any dispute or controversy arising out of this Agreement shall be submitted to and resolved exclusively by binding arbitration.
The Service will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.
You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.
The captions of sections hereof are for convenience only and will not control or affect the meaning or construction of any of the provisions of this Agreement.
Your card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by Federal law.
THE FOREGOING WILL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE.
Contacting Higher One:
By US Mail: Higher One, 105 Munson St New Haven, CT 06511
By Toll-free Telephone: 1-877-261-9363
By Internet: www.FSWDebitCard.com
Important Information About Substitute Checks (Check 21 Act)
What is a substitute check?
To make check processing faster, federal law permits banks to replace original checks with "substitute checks." These checks are similar in size to original checks with a slightly reduced image of the front and back of the original check. The front of a substitute check states: "This is a legal copy of your check. You can use it the same way you would use the original check." You may use a substitute check as proof of payment just like the original check.
Substitute Checks and Your Rights
In the event that you receive a check back from us, some or all of the checks you receive back may be substitute checks. This notice describes the rights you have in the event that you receive substitute checks from us. The rights in this notice do not apply to original checks or to electronic debits to your account. However, you have rights under other law with respect to those transactions.
What are my rights regarding substitute checks?
In certain cases, Federal law provides a special procedure that allows you to request a refund for losses you suffer if a substitute check is posted to your account (for example, if you think that we withdrew the wrong amount from your account or that we withdrew money from your account more than once for the same check). The losses you may attempt to recover under this procedure may include the amount that was withdrawn from your account and fees that were charged as a result of the withdrawal (for example, bounced check fees).
The amount of your refund under this procedure is limited to the amount of your loss or the amount of the substitute check, whichever is less. You also are entitled to interest on the amount of your refund if your account is an interest-bearing account. If your loss exceeds the amount of the substitute check, you may be able to recover additional amounts under other law.
If you use this procedure, you may receive up to $2,500 of your refund (plus interest if your account earns interest) within ten (10) business days after we received your claim and the remainder of your refund (plus interest if your account earns interest) not later than forty-five (45) calendar days after we received your claim.
We may reverse the refund (including any interest on the refund) if we later are able to demonstrate that the substitute check was correctly posted to your account.
How do I make a claim for a refund?
If you believe that you have suffered a loss relating to a substitute check that you received and that was posted to your account, please contact us at:
Higher One, Inc.
105 Munson St
New Haven, CT 06511
Or, contact us via email by logging in to your account and clicking on the "EasyHelp" link.
You must contact us within forty (40) calendar days of the date that we mailed (or otherwise delivered by a means to which you agreed) the substitute check in question or the account statement showing that the substitute check was posted to your account, whichever is later. We will extend this time period if you were not able to make a timely claim because of extraordinary circumstances.
Your claim must include:
EasyDeposit Mobile Check Capture Terms and Conditions
These EasyDeposit Mobile Check Capture Terms and Conditions shall be an amendment to and a part of the Account Terms and Conditions and Related Disclosures and shall apply to any use of EasyDeposit Mobile Check Capture (the "Service"). By using the Service, you agree to be bound by the terms and conditions contained herein.
"You" and "your" means a person who uses the Service.
"Higher One," "we," "us" and "our" mean Higher One, Inc.
"Account" means your checking account with us to which you are authorized to make a deposit using via EasyDeposit Mobile Check Capture, pursuant to these terms and conditions.
"Capture Device" means any device acceptable to us, as determined from time to time, that provides for the capture of images from Items and for transmission through the clearing process. At present, a Capture Device is any one of the following smart phones when powered by a cellular service provider.
"Check 21" means the Check Clearing for the 21st Century Act.
"End User License Agreement" means the agreement as set forth in Schedule A hereto governing the use of the application software you must download in order to use the Service.
"Image" means the electronic image of the front and back of an Item, in addition to other required information, as specified by us, in the format we specify.
"Image Replacement Document" or "IRD" means a substitute check, as defined in Check 21.
An "Item" is an original: check, cashier's check, official check, U.S. Treasury check, or any other payment instrument, drawn on a financial institution within the United States and payable in U.S. currency that is payable to you. Items are deemed to be "items" under the Uniform Commercial Code and "checks" under The Expedited Funds Availability Act and Regulation CC.
"User Guide" means the application download instructions, device instructions and FAQs we provide to you on our Internet site from time to time, in addition to any help content contained within the software application that is downloaded to your Capture Device.
EasyDeposit Mobile Check Capture:
Pursuant to these terms and conditions, you may use the Service to deposit Items to your Account by creating an Image of the Item using a Capture Device, and transmitting that Image to us for deposit. You may transmit Images to us only from a Capture Device located in the United States.
Hardware and Software Requirements:
It is your responsibility to obtain and maintain, at your own expense, a Capture Device. You are responsible for all costs of using the Service and operating the Capture Device, including, but not limited to telephone and internet service charges.
You agree to transmit an Image to us using only a Capture Device as we have expressly authorized for your use to transmit Images. We may, but are not required to, at our sole discretion, reject Images that you transmit to us with an unapproved Capture Device or by other means to which we have not given our consent.
Any Capture Device that you use to transmit Images to us pursuant to these terms and conditions must be approved by us.
You are responsible for the security of the Capture Device, and for allowing its use only by individuals authorized by you. You agree to implement and maintain specific internal security controls to protect the Capture Device and customer information. We may require that you implement and maintain additional specific controls, and we may notify you of those controls and amend them from time to time.
You are responsible for maintaining the system's capacity and connectivity required for use of the Service. We shall notify you of those requirements, and we may amend them from time to time.
You are responsible for the image quality of any Image that you transmit. Any Image transmitted to Higher One using the Service must be legible, and the image quality must comply with the requirements established from time to time by ANSI, the Board of Governors of the Federal Reserve Board, or any other regulatory agency, clearing house or association. Higher One reserves the right to reject any image transmitted using the Service, that it, in its sole discretion, deems to be of insufficient image quality or nonconforming with the aforementioned standards, without prior notice to you. You understand and agree that it is your responsibility to monitor whether an Image you transmit using the Service has been rejected for any reason and you agree to hold Higher One harmless from any loss or liability you may incur due to a transmitted Image being rejected.
Each Image must include the front and back of the Item, and the following information must be clearly readable: amount, payee name, drawer signature, date, check number, account number, routing and transit number, MICR (Magnetic Ink Character Recognition) line, and the following restrictive endorsement written on the check: "For deposit only at Higher One."
You authorize us to process any Image that you send us or convert an Image to an Image Replacement Document. You authorize us to handle the Image or IRD.
We reserve the right to impose limits on the amount(s) and/or number of deposits that you transmit using the Service and to modify such limits from time to time. If you attempt to initiate a deposit in excess of these limits, we may, at our sole discretion, reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to these terms and conditions, and we will not be obligated to allow such a deposit at other times.
Deposit of other items; deposits when Service not available:
You agree that you will not use the Service to deposit anything not meeting the definition of an Item. If you use the Service to transmit anything that is not an Item, or if for any reason we are not able to recognize what you have deposited using the Service as an Item, we may reject it without prior notice to you. You agree to make such deposits through other channels that we offer. You further agree to use such other channels when the Service may not be available.
You are solely responsible for any Item for which you have been given provisional credit, and any such Item that is returned or rejected may be charged to your Account. You acknowledge that all credits received for deposits made through the Service are provisional, subject to verification and final settlement. Any Item that we return to you will be returned in the form of an Image or an IRD.
Handling of Transmitted Items:
You agree not to allow an Item to be deposited or presented for payment more than once, to the extent that it could result in the payment of the Item more than once. You will not allow the transmission of an Image of an Item that has already been presented to us or to any bank by any other means. You will not allow transmission of an Image of an Item that has already been transmitted through the Service. If an Image of an Item has been transmitted to us or to any other financial services company or bank, you will not allow the Item to be subsequently presented by any other means. If any Item is presented or deposited more than once, whether by Image or by any other means, we may, at our discretion, reject it or return it and charge it against your Account without prior notice to you.
For any Image which you have transmitted, you shall be responsible for preventing the transmission of another Image of the Item or presentment of the Item by any other means. You agree to retain the Item until it has been credited to your Account, and thereafter to either destroy any Item of which you have transmitted an Image, or to otherwise render it incapable of transmission or presentment.
You agree to notify Higher One of any suspected errors regarding Items deposited through the Service immediately, but in no event later than 60 days after the applicable Higher One Account statement is made available. Unless you notify Higher One within 60 days, such statement regarding all deposits made through the Service shall be deemed correct.
Cooperation with Investigations:
You agree to cooperate with us in the investigation of unusual transactions, poor quality transmissions, and resolution of customer claims, including by providing, upon request and without further cost, any originals or copies of Items in your possession and your records relating to Items and transmissions.
The manner in which the items are cleared, presented for payment, and collected shall be in Higher One's sole discretion subject to the Terms and Conditions and Related Disclosures governing your Account.
Transmission of Items
The Images you send us are not considered received by us until you receive a message from us acknowledging that we have accepted your deposit. However, the confirmation that we send you does not mean that the transmission was complete or error free. We are not responsible for Images we do not receive or that are dropped during transmission. We reserve the right to reject any Image transmitted through the Service, at our sole discretion, without liability to you.
The Items you transmit using the Service are not subject to the funds availability requirements of Federal Reserve Board Regulation CC. Funds deposited using the Service will be available after Higher One receives payment for the funds submitted. Higher One may make such funds available sooner, at its sole discretion, based on factors such as the length of your relationship with us, transaction and experience information, account history and such other factors as Higher One, in its sole discretion, deems relevant.
You are responsible for paying any fees applicable to your use of the Service as may be changed from time to time. We may change any applicable fees for use of the Service at any time pursuant to the section titled "Amendment" below. You authorize the Higher One to deduct any such fees from any account in your name.
Representations and Warranties:
You make the following representations and warranties to us:
Indemnification and Limitations on Liability:
In addition to the indemnifications and limitations on liability contained in the Account Terms and Conditions and Related Disclosures, you hereby agree to indemnify and hold us harmless for any claim, cost, loss or damage caused directly or indirectly by your failure to comply with these terms and conditions or by your breach of any representation or warranty contained herein.
HIGHER ONE SHALL NOT BE LIABLE FOR ANY DAMAGES OTHER THAN THOSE CAUSED SOLELY AND DIRECTLY BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND ITS LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL IN FEES YOU PAID FOR THE USE OF THE SERVICE DURING THE SIX MONTH PERIOD PRIOR TO THE SUPPOSED ACT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. HIGHER ONE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. YOU ACKNOWLEDGE THAT THE SERVICE IS PROVIDED BY HIGHER ONE ON AN "AS IS" BASIS, AND THAT YOU USE IT AT YOUR SOLE RISK.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, HIGHER ONE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
These terms and conditions do not transfer to you any ownership or proprietary rights in the Service, the Capture Device or any associated software or any part thereof. We or our agents retain all intellectual property rights, title and interest in and to the Service, Capture Device and any associated software.
Neither you nor any user you authorize will (a) sell, lease, distribute, license or sublicense the Service; (b) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Service or any part of it in any way for any reason; (c) provide, disclose, divulge or make available to or permit use of the Service by any third party; (d) copy or reproduce all or any part of the Service; or (e) interfere, or attempt to interfere, with the Service in any way.
We may terminate or suspend the Service, or your use of the Service, at any time and for any reason, at our sole discretion.
We may change these terms and conditions at any time. We may add new terms and conditions and we may delete or amend existing terms and conditions. We generally send you advance notice of the change. If a change is favorable to you, however, we may make the change at any time without advance notice. If you do not agree with the change you may discontinue using the Service. However, if you continue to use the Service, you shall be deemed to have accepted and agreed to the change(s).
These Terms and Conditions, and your rights and our obligations there under, are governed by and interpreted according to federal law and the law of the State of Connecticut. If state and federal law are inconsistent, or if the state law is preempted by the federal law, federal law shall govern.
Apple and iPhone are registered trademarks of Apple Inc.
End User License Agreement
Higher One, Inc. ("Application Provider") is willing to license the EasyDeposit Mobile Check Capture Application ("Application"), to you ONLY IF YOU ACCEPT ALL OF THE TERMS IN THIS END USER LICENSE AGREEMENT ("License"). Application Provider is not willing to make the Application Provider available under any other terms or subject to any conditions.
BEFORE YOU CHOOSE THE "I AGREE" CHECKBOX BELOW, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE. BY CHOOSING THE "I AGREE" CHECKBOX YOU ARE (1) REPRESENTING THAT YOU ARE OVER THE AGE OF 18 AND HAVE THE CAPACITY AND AUTHORITY TO BIND YOURSELF TO THE TERMS OF THIS LICENSE AND (2) CONSENTING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, OR DO NOT REPRESENT THE FOREGOING, CHOOSE THE "DECLINE" CHECKBOX, IN WHICH CASE YOU WILL NOT AND MAY NOT RECEIVE, INSTALL OR USE THE APPLICATION. Any use of the Application other than pursuant to the terms of this License is a violation of U.S. and international copyright laws and conventions.
Grant of License:
Application Provider hereby grants you a limited, non-exclusive, non-transferable license to install the Application on your mobile device for your personal or small business use, as applicable, during the pilot program, which is scheduled for run for a period of 90 days. You may not (and shall not permit any third party to): (i) copy (except as expressly permitted by this License), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof; (ii) rent, lease, lend, sell, redistribute or sublicense the Application; or (iii) otherwise exercise any other right to the Application not expressly granted in this License. The terms of this License will govern any upgrades provided by Application Provider that replace and/or supplement the original Application.
Ownership of Application:
This License does not convey to you an interest in or to the Application, but only a limited right of use revocable in accordance with the terms of this License. The Application is NOT sold to you, and all rights not expressly granted herein are reserved to Application Provider and its licensors. Application Provider and its licensors own all right, title and interest in and to the Application. No license or other right in or to the Application is granted to you except for the rights specifically set forth in this License. You hereby agree to abide by United States copyright law and all other applicable laws of the United States and other nations and by any applicable international treaties.
Consent to Use of Data:
You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
This License is valid until terminated by you or Application Provider. Application Provider may terminate the License at any time or for any reason. Your rights under this License will terminate immediately if you breach any term of this License. Upon termination of this License, you shall immediately cease all use of the Application and destroy all copies, full or partial, of the Application.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COSTOF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government End Users:
The Application is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Application with only those rights set forth herein.
The laws of the State of Connecticut, excluding its conflicts of law rules, govern this License and your use of the Application. Your use of the Application may also be subject to other local, state, national or international laws.