Terms of Use

Terms of Use: IBCM

SITE TERMS OF USE PLEASE READ THESE SITE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.

Last Updated: December 2020

The following Site Terms of Use (“Terms of Use”) govern your access to and use of websites owned and operated by IBCM (“IBCM”, “we”, “us” or “our”), including any content, functionality, products and services offered on or through such websites (collectively, the “Services”).

Please note that if you are a cardholder, these Terms of Use are not intended to, and do not, modify or alter the terms of your Deposit Account Agreement or Cardholder Agreement, as applicable, which governs your use of your debit card (“Card”). By accessing or using the Services, whether via computer, mobile device or other technology, you represent that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety and all applicable laws, rules and regulations governing your use of the Services.

These Terms of Use may be amended by posting a new version on our Services which version will be effective upon posting. If you do not agree to the new version of these Terms of Use, do not use the Services.

Privacy

To access the Services or some of the resources offered, you may be asked to provide certain personal information and non-personal information. It is a condition of your use of the Services that all the information you provide is correct, current and complete. Your use of the Services is governed by our Technology Privacy Statement and if applicable, the Privacy Policy applicable to your Card or other product or service, which explain how we collect, store, share or otherwise use your personal information and non-personal information, and you consent to all actions we take with respect to your information consistent with our Technology Privacy Statement and Privacy Policy.

Registration; Accounts

As a condition of using certain aspects of the Services, you may be required to register for an account (“Account”). To register for an Account, you will:

  1.  Provide true, accurate and complete information about yourself in the registration form;
  2. Maintain and promptly update such information; and
  3. Establish a username and password which you will keep secure.

You agree not to provide access to your Account together with your user username and password to others. You are solely responsible for protecting the security of your Account on your device. IBCM shall have no liability associated with or arising from your failure to maintain accurate registration information. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms of Use.

Proprietary Rights; Use of Content

The Services are owned and operated by IBCM or its affiliates, licensors and/or third party service providers and unless otherwise indicated, all designs, text, images, videos, graphics, software and other content and materials appearing in the Services (collectively, “Content”) are the property of IBCM or the IBCM Parties, and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, “Marks”) appearing on the Services are the property of IBCM or the IBCM Parties. You may not make any use of any Content or Marks without the prior written consent of IBCM. No Content from the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Your Conduct

In using or accessing the Services you agree:

  1. not to use the Services or any of the Content contained herein, for any unlawful or fraudulent purpose;
  2. not to “spam” others or “phish” for others’ personal information;
  3. not to create or use a false identity;
  4. not to disrupt or interfere with the security of, “deeplink”, attempt to obtain unauthorized access to or otherwise abuse, the Services or affiliated or linked websites;
  5. not to disrupt or interfere with any other user’s enjoyment of the Services;
  6. not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including Content);
  7. not to use meta tags or any other “hidden text” utilizing a Mark; and
  8. not to use the Services in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third party proprietary rights, or is in violation of any law or regulation.

 

Third-Party Websites and Services

The Services may contain links to third-party websites and services, over which IBCM has no control. You acknowledge and agree that IBCM does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. IBCM is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services. It is recommended that you carefully review any terms of use and privacy policy of any linked third-party website before providing any information to that website or using its products and services.

Termination; Modification

IBCM reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Services, and to block or prevent future access to and use of the Services for any reason. IBCM may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Services, temporarily or permanently, at any time with or without notice to you. You agree that IBCM shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

Disclaimer

THE IBCM PARTIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR CONTRACTORS (COLLECTIVELY, THE “IBCM PARTNERS”) MAKE NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICES OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE IBCM PARTNERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES, CONTENT AND ANY THIRD-PARTY WEBSITE OR SERVICE. THE IBCM PARTNERS DO NOT WARRANT THAT THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THIS CONTENT, SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE GREEN DOT PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

The IBCM Partners will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the IBCM Partners’ reasonable control.

Limitation of Liability

IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ANY OF THE IBCM PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER, CAUSED, AND UNDER ANY THEORY OF LIABILITY, EVEN IF A IBCM PARTNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES, ARISING IN CONNECTION WITH:

  1. THE SERVICES;
  2. YOUR USE OR INABILITY TO USE THE SERVICES OR CONTENT;
  3. ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE SERVICES;
  4. UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE SERVICES; OR
  5. ERRORS, SYSTEM DOWNTIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE CUMULATIVE LIABILITY OF THE IBCM PARTNERS TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE SERVICES. IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE SERVICES.

Indemnification

You agree to indemnify, defend and hold harmless the IBCM Partners from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to:

  1. your violation of these Terms of Use or any law, rule, or regulation;
  2. your use of the Services or any Content;
  3. loss of any data or account information; and
  4. any material sent by you to IBCM. You will cooperate as fully and reasonably as required by IBCM in the defense of any claim.

IBCM reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without the prior written consent of IBCM.

 

PLATFORM DEVELOPER

  1. Platform Developer: The developer of this platform refers to the entity or individual responsible for the technical development and maintenance of the platform. The developer is not connected to the use of the platform and does not recommend or endorse any specific actions, content, or opinions expressed by the platform’s users.
  2. No Endorsement: The developer does not endorse or have any affiliation with the owner(s) of the platform or any other third-party entities connected to the platform. The developer does not recommend or endorse any products, services, or information shared on the platform unless expressly stated otherwise.
  3. User Responsibility: Users of the platform are solely responsible for their actions, decisions, and interactions on the platform. The developer does not assume any liability for the accuracy, completeness, or reliability of any content posted or shared by users on the platform.
  4. No Warranty: The developer makes no warranties or representations, whether express or implied, regarding the platform’s functionality, accuracy, reliability, or suitability for any purpose. The platform is provided on an “as-is” and “as available” basis.
  5. Limitation of Liability: In no event shall the developer be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the platform. This includes, but is not limited to, any errors, omissions, or inaccuracies in the content, loss of data, or any other loss or damage incurred.
  6. Intellectual Property: The platform and its content, including but not limited to text, graphics, logos, images, and software, are the property of the developer or its licensors and are protected by intellectual property laws. Users may not reproduce, distribute, modify, or create derivative works from any part of the platform without the prior written consent of the developer.
  7. Third-Party Links: The platform may contain links to third-party websites or resources. These links are provided for convenience only, and the developer does not endorse or have any control over the content, products, or services offered by these third parties. Users acknowledge and agree that the developer is not responsible or liable for any damages or losses caused by the use of such third-party links.
  8. Modifications to the Terms: The developer reserves the right to modify or update these Terms at any time without prior notice. Users are encouraged to review the most current version of the Terms regularly. Continued use of the platform after any modifications to the Terms constitutes acceptance of such changes.
  9. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where the developer is located, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

By using this platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional guidelines or rules posted on the platform. If you do not agree with these Terms, please refrain from accessing or using the platform.