Below are the disclosures and legal agreements that cover your use of our services, including this site. The documents are:
- The Cardholder Agreement, which defines the rights and responsibilities of the cardholder and his or her relationship with Sunrise Banks, the financial institution where your funds will be deposited. This agreement includes a disclosure of fees associated with the program, the privacy rights of the cardholder, and a required notice about Patriot Act identity verification.
- The True Link Financial Protection Service Agreement, which defines the administrator's responsibilities to the cardholder, the cardholder's acceptance of the administrator, and their relationship between True Link.
- The e-Sign consent, which enables us to communicate with you electronically.
We encourage you to read all of them with care and make sure you fully understand them. If you have any questions, please don't hesitate to contact us or seek independent legal advice.
This Cardholder Agreement, including the Schedule of Fees and Charges, and any Privacy Notice provided to you by us (collectively referred to as this “Agreement”), sets forth the terms of your True Link Prepaid Visa® Card. Please read it carefully and retain it for your records. Your Card is issued by Sunrise Banks, N.A. member FDIC, pursuant to a license from Visa U.S.A., Inc. (“Visa”).
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT : To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver’s license or other identifying documents.
Schedule of Fees and Charges. We will charge you, and you agree to pay, the fees and charges set forth in the Schedule of Fees and Charges below. You may also visit www.truelinkfinancial.com to view a complete list of fees. We generally deduct fees and charges from the Card Account at the time a fee or charge is incurred. If you request a service that is not included in the Schedule of Fees and Charges, if there is a fee for such service it will be disclosed at that time, and you agree that any such fee may be deducted from your Card Account.
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|Direct Deposit||No Fee|
|Funding from a Bank Account||No Fee|
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|Signature and PIN Purchases – Domestic||No Fee|
|International Signature Purchase||$1.00|
|International PIN Purchase||$2.00||Use a signature instead of PIN to pay|
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|ATM Withdrawal - In network||No Fee|
|ATM Withdrawal - Out of network*||$1.50|
|Cash Back at Point-of-Sale (select “Debit” and enter your PIN to get cash back when making purchase at a retailer)||No Fee|
|Bank Teller Withdrawal (Over-the-Counter Cash Withdrawal using signature)||$4.00||Use an ATM or get cash at a point-of-sale terminal|
|Quasi-Cash Withdrawals (e.g., money orders, traveler’s checks, foreign currency, lottery tickets, casino chips, vouchers redeemable for cash)||$4.00||Use an ATM or get cash at a point-of-sale terminal|
|ATM Insufficient Funds**||No Fee|
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|Automated and Live Agent Phone Calls||No Fee|
|Email and Text Message Alerts. Standard text messaging rates apply.||No Fee|
|ATM Balance Inquiry**||$0.50||Check your balance online or by phone for no fee|
|Mailed Paper Statement||$1.50||View your statement online for no fee|
|Expedited Card Delivery (2 Day Delivery)||$30.00||Choose regular delivery speed for no fee|
|Fee Type||Fee Amount||How to Avoid or Reduce This Fee|
|Account Closure With Card-to-Bank Transfer*||No fee|
|Account Closure With Check Refund||No fee|
* Bank where you maintain your bank account may impose a transfer fee.
** You may be charged a fee by the ATM operator or other networks used to complete the transaction (and you may be charged a fee for a balance inquiry at an ATM even if you do not complete a fund transfer). Such other fees and charges may be deducted from your Card Account.
Definitions. In this Agreement, the words “you” and “your” means the Cardholder and any Administrator and Authorized User of the Card. “Cardholder” means the person who qualified for and opened the Card Account and owns the funds in the Card Account. “Administrator” means the person authorized by the Cardholder to receive information about the Cardholder’s Card Account and to help the Cardholder personalize spending actions using the True Link Service. “Authorized User” means any person issued a Secondary Card at the request of the Cardholder and/or authorized by the Cardholder to use the Card. “We”, “us”, “our” and “The Bank” mean Sunrise Banks, the issuer of the Card. True Link Financial, Inc. is the third party service provider that markets and services your Card Account and the True Link Financial Protection Service. “Card” means the True Link Prepaid Visa Card that is issued to you by us.“Card Account” means the custodial sub-account we maintain on your behalf to account for the transactions made with your Card, Card Number or Account Number. “Account Number” means the 11-digit number used to identify your Card Account. “Card Number” means the 16-digit number embossed on your Card. “Business days” are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. “PIN” means personal identification number. “Access Information” means collectively your PIN, online user name, password, challenge questions, and any other security information used to access your Card Account.
Agreement to Terms. By activating or using your Card (see “Activating Your Card” below), you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the Card, please destroy the Card at once by cutting it in half and call us at 1-800-299-7646 to cancel your Card Account. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with Change in Terms section below.
Prepaid Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account by you or on your behalf. Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card and may not provide the same rights to you as those available in credit card transactions. You will not receive any interest on the funds in your Card Account. Subject to applicable law, your Card Account will be insured by the Federal Deposit Insurance Corporation once your Card has been registered with us. The Card will remain the property of the Bank, must be surrendered upon demand and is nontransferable.
Activating Your Card. You cannot use the Card until it has been activated. To activate a personalized card, login to www.truelinkfinancial.com or call 1-800-299-7646 and follow the instructions provided. Although no credit history is required to obtain a Card, you authorize us to obtain information about you from time to time from credit reporting agencies, your employers and other third parties for our internal processes.
Administrator. The True Link Financial Protection Service offered in connection with your True Link Prepaid Visa Card permits you to authorize another person (“Administrator”) to obtain information about your Card Account, take certain administrative actions with respect to your Card Account and assist you in personalizing your desired spending actions or limitations. By way of example, and without limitation, the True Link Financial Protection Service permits your designated Administrator to view past Card transactions, define rules for declining certain types of future Card transactions, receive alerts about transactions initiated with your Card, dispute transactions, initiate action to close your Card Account and transfer out the funds, order an additional or replacement Card, arrange for the deposit of your funds to your Card Account, initiate bill payment if a bill payment service is available, and generally administer your Card Account. We cannot verify the intentions or trustworthiness of your Administrator, so please do not authorize an Administrator to act on your behalf unless you are comfortable with this person administering your Card Account.
Liability for Acts of Administrators and Authorized Users. If you permit another person to have access to your Card, Card Number or Account Number, including Authorized Users and Administrators, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred, by those persons. You must notify us at www.truelinkfinancial.com or call us at 1-800-299-7646 to revoke permission for any person you previously authorized to use your Card or serve as an Administrator of your Card Account. Until we have received your revocation notice and have had a reasonable time to act on it, you are responsible for all transactions and fees incurred by you or any other person you have authorized to use or access your Card or Card Account. If you tell us to revoke another person’s use of your Card or access to your Card Account, we may revoke your Card and issue a new Card with a different Card Number and/or Account Number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
Using Your Card. After you receive your Card you may use it to purchase goods and services everywhere Visa debit cards are accepted. If you do not have enough funds loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them. You may also use your Card to obtain cash at ATMs designated by us, at ATMs displaying the Visa name or logo, the Star name or logo, or at merchants that have agreed to provide cash back at the point-of-sale. Each time you use the Card to purchase goods or services, or obtain cash, you authorize us to reduce the value available on the Card by the amount of the transaction plus applicable fees.
We will provide you our bank routing number and assign you an 11-digit Account Number. You may obtain our bank routing number and your 11-digit Account Number by logging in to your Card Account online at www.truelinkfinancial.com and requesting direct deposit information. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account and authorized ACH debit transactions only. The 16-digit Card Number embossed on your Card should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number to make a debit transaction with a paper check, check-by-phone or other item processed as a check, or if you do not have sufficient funds in your Card Account. These debits will be declined and your payment will not be processed.
You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Card Account information or Card funds; (iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. We may refuse to process any transaction that we believe violates the terms of this Agreement, is suspicious or fraudulent, or exceeds any settings you or your Administrator have established for your Card Account. Although we will use commercially reasonable efforts to decline any transactions you or your Administrator have specifically requested us to decline in your Card Account settings, we do not guarantee that we will be able to decline or prevent these transactions in all circumstances or at all merchants and we shall not be liable in the event you initiate and we authorize a transaction that exceeds your Card Account settings. By agreeing to these terms and conditions you agree to the restrictions that you set on the Card.
Limitations on Card Usage. All transactions are subject to the limitations set forth in this Agreement, and no transaction may exceed the value available on your Card Account. Merchants, banks and ATM operators may have additional limitations.
|Daily ATM Limit – Domestic||$400.00 total per day||Monthly ATM Limit – Domestic||$3,000.00 total per month|
|Daily ATM Limit – International||$400.00 total per day||Monthly ATM Limit – International||$1,000.00 total per month|
|Daily Over the Counter Bank Teller or Quasi Cash* Withdrawals||$750.00 total per day||Monthly Over the Counter Bank Teller or Quasi Cash* Withdrawals||$3,000.00 total per month|
|Daily Bank-to-Card Transfers||$5,000.00 total per day||Monthly Bank-to-Card Transfers||$20,000.00 total per month|
|Maximum Daily POS Purchases||$5,000.00 total per day||Maximum Monthly POS Purchases||$19,999.00 total per month|
|Maximum Direct Deposit||$5,000.00 per deposit||Maximum Card Balance||$20,000.00 total for all Cards|
*When you use your Card to purchase cash equivalents such as money orders, traveler’s checks, foreign currency, lottery tickets, casino chips and vouchers redeemable for cash, we will treat these types of transactions as a type of cash withdrawal (“quasi cash withdrawal”).
Loads by Direct Deposit. You may arrange to have direct deposits made to your Card Account for your monthly Social Security payments, employment income, pension or other funds payable to you from an appropriate payor. You must enroll for direct deposit with such third party, using information that you can access by going to www.truelinkfinancial.com and following the instructions listed under “Direct Deposit.” If you arrange to have direct deposits made to your Card Account at least once every sixty (60) days from the same person or company, you can call us at 1-800-299-7646 or log in to your Card Account information at www.truelinkfinancial.com to find out whether or not the deposit has been made. You may cancel the direct deposit authorization at any time by sending a written notice to the transferor and providing the transferor and the Bank sufficient time to act upon the notice before the next scheduled transfer date.
Loads from your Bank Account: You may transfer funds directly from your bank account at another financial institution to your True Link Prepaid Visa Card. Log onto your Card Account at www.truelinkfinancial.com and follow the instructions listed under “Registering Your Bank Account.” Once you have completed registering your bank account you may log in to your Card Account at www.truelinkfinancial.com and transfer funds by following the instructions under “Transferring Funds from a Bank Account.” Additional terms and restrictions may apply.
NO OTHER LOAD TYPES ARE ALLOWED FOR THIS CARD, INCLUDING LOADS THROUGH RETAIL LOAD NETWORKS (e.g. GreenDot, MoneyGram, Western Union, etc.). THE ONLY LOADS ACCEPTED ARE EITHER VIA DIRECT DEPOSIT OR FROM YOUR BANK ACCOUNT.
Merchant Authorization Holds. When you use your Card Account to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s funds for the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on your available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card Account for the correct amount of the final transaction, however, and will release the hold on any excess amount when the transaction finally settles.
Negative Balance. Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated transaction fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions (creating a “negative balance”). Nevertheless, if any transactions or transaction fees cause the balance in your Card Account to go negative, including any purchase transactions where the retailer or merchant does not request authorization, you shall remain fully liable to us for the amount of any negative balance and any corresponding transaction fees. We do not extend credit, so if your Card Account becomes overdrawn, you agree to pay us the overdrawn amount immediately, without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card Account you activate or maintain with us. If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account without notice.
Preauthorized Payments from Your Card. You may preauthorize a merchant to make recurring electronic funds transfers from your Card Account. If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before the payment is due when it will be deducted from your Card Account value and how much it will be. If you have told us in advance to make regular, recurring payments from your Card Account, you can stop any of these payments by calling us at 1-800-299-7646, emailing us at email@example.com, or writing to us at True Link Financial, Inc. PO Box 581 San Francisco, CA 94104 in time for us to receive your request at least three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (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.
Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card Account will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.
Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.
Reversal. Point of sale transactions cannot be reversed. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.
Receipts and Transaction History.
Receipts. You should get a receipt from the merchant, bank or ATM at the time you make a transaction or obtain cash using your Card. Please note there are some merchants that choose not to provide a receipt if the amount of the transaction is $15 or less.
Card Account Balance and Transaction History. You can obtain information about the current available balance in your Card Account at no charge by calling 1-800-299-7646. You may also obtain your balance information, along with a 60-day history of your account transactions, at no charge by logging in to your Card Account at www.truelinkfinancial.com. You also have the right to obtain a 60-day written history of account transactions by calling 1-800-299-7646 by writing us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. You may be assessed a fee for obtaining this written history (see Schedule of Fees and Charges).
Foreign Transactions. If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by Visa into U.S. dollars. Visa will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see Schedule of Fees and Charges).
Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement by sending you a notice of such changes. We will give you notice at least twenty-one (21) days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers. Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of your Card or Card Account or any related payment system. If any such change becomes permanent and disclosure to you of the change would not jeo
Cancellation and Suspension. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card Account or may revoke Card Account privileges with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, contact us at 1-800-299-7646 or www.truelinkfinancial.com. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card Account privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement. Funds will be provided by check, made out and sent to the cardholder. We may additionally offer you the option of a refund by card-to-bank transfer at our discretion.
Card Expiration/Settlement. Subject to applicable law, you may use the Card only through its expiration date, which is stated on the front of the Card. If you attempt to use the Card or add funds to your Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card in order to access the funds in your Card Account. If we do not choose to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to you the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges). A check made payable to you will be mailed to you at the latest postal address reflected in our records. A fee may be imposed for refunding the remaining account balance by check (see the Schedule of Fees and Charges).
Unclaimed Property. For Card Accounts with no activity for three (3) years or such other period as may be prescribed by applicable state law, the funds in your Card Account will be presumed to be abandoned. Card funds in Card Accounts will be remitted to the custody of the applicable state agency in accordance with state law, and we will have no further liability to you for such funds unless otherwise provided by law. If this occurs, we may try to locate the Cardholder at the address shown in our records, so we encourage you to keep us informed if you change your address. You may notify us of a change of address by logging in to your Card Account at www.truelinkfinancial.com or by calling Customer Service at 1-800-299-7646.
Website Availability. Although considerable effort is expended to make the website and other means of communications and access available around the clock, we do not warrant that these forms of access will be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.
Confidentiality and Security. To prevent unauthorized access to your Card and Card Account, you agree to keep your Access Information confidential. We recommend that you memorize your Access Information and do not write it down. If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use our website under your user name without your consent, or your Card has been accessed), you must notify us immediately. Under certain circumstances, we may deny your access to our website in order to maintain or restore security or performance of the website. We may do so if we reasonably believe your Access Information has been or may be obtained or is being or may be used by an unauthorized person. We may try to notify you in advance, but cannot guarantee we will do so.
How to Notify Us of Lost or Stolen Card, PIN or Unauthorized Transfers. If you believe your Card or any other Access Information has been lost or stolen, call:1-800-299-7646 or write:True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or Access Information without your permission.
Your Liability for Unauthorized Transfers. Tell us AT ONCE if you believe your Card or Access Information has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission. Telephoning us at 1-800-299-7646 is the best way to minimize your possible losses. You could lose all the money in your Card Account. You agree that any unauthorized use does not include use by a person to whom you have given authority to use or access your Card Account or Access Information and that you will be liable for all such uses and funds transfers by such person(s).
If you tell us within 2 business days after you learn of the loss or theft of your Card or Access Information you can lose no more than $50 if someone used your Card or Access Information without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or Access Information and we can prove we could have stopped someone from using your Card or Access Information without your permission if you had told us within this time frame, you could lose as much as $500 if someone used your Card or Access Information without your permission.
Also, if your electronic history shows transactions that you did not make, including those made by Card, Access Information or by other means, tell us AT ONCE. If you do not tell us within 120 days after the alleged unauthorized transfer was credited or debited to your Card Account, you may not get back any money you lost after this period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from learning of the unauthorized transaction and telling us, we will extend the time periods for a reasonable period in our sole discretion.
Additional Limits on Liability Visa Rules. Under Visa rules, unless you have been grossly negligent or have engaged in fraud you will not be liable for any unauthorized transaction using your lost or stolen card. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by Visa.
Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from your Card Account on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because there is a hold on your funds or your funds are subject to legal process);
- if a computer system, ATM, or POS terminal was not working properly and you knew about the problem when you started the transaction;
- if the ATM where you are making the transfer does not have enough cash;
- if a merchant refuses to honor your Card;
- if circumstances beyond our control (such as fire, flood, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
- if any failure or malfunction is attributable to your equipment, to merchant or ATM equipment, or to any internet service or payment system;
- if you attempt to use a Card that has not been properly activated;
If your Card or Access Information has been reported as lost or stolen, if your Card Account has been suspended by us, or we believe the transaction is not authorized by you;
If you or your Administrator have specifically requested us to decline certain transactions in your Card Account settings; or
As otherwise provided in this Agreement.
Information About Your Right to Dispute Errors. In case of errors or questions about your Card Account, please contact us as soon as possible at 1-800-299-7646 or write to us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. We must allow you to report an error until 120 days after the transfer allegedly in error was credited or debited to your Card Account. You may request a written history of your transactions at any time by contacting us at the telephone number or address above. You will need to tell us: (1) your name; (2) your Card Number, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card Account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your Card Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to provisionally credit your Card Account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the telephone number shown above.
Questions. True Link Prepaid Visa Card, as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions regarding your Card, you may call 1-800-299-7646 or write True Link Financial, Inc., PO Box 581, San Francisco, CA 94104 or visit www.truelinkfinancial.com.
Communications. We may contact you from time to time regarding your Card Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:
- contact you by mail, telephone, email, fax, recorded message, text message, email, or personal visit;
- contact you by using an automated dialing or similar device (“Autodialer”);
- contact you at your home and at your place of employment;
- contact you on your mobile telephone;
- contact you at any time, including weekends and holidays;
- contact you with any frequency;
- contact either you or your Administrator, at our option, about any matter;
- leave prerecorded and other messages on your answering machine/service and with others; and
- identify ourselves, your relationship with us and our purpose for contacting you even if others might hear or read it.
Our contacts with you about your Card Account are not unsolicited and might result from information we obtain from you or others. We may monitor or record any conversation or other communication with you. Unless the law says we cannot, we may modify or suppress caller ID and similar services and identify ourselves on these services in any manner we choose. When you give us or we obtain your mobile telephone number, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages. We may do these things whether we contact you or you contact us.
If you ask us to discuss your Card Account with someone else, you must provide us with documents that we ask for and that are acceptable to us.
Change of Address : If your U.S. mail or postal address changes, you must notify us immediately. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.
Governing Law, Court Proceedings, Damages, Arbitration : Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (i) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction.
ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.
Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).
What Arbitration Is. “Arbitration” is a means of having an independent third party resolve a Dispute. A “Dispute” is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Sunrise Banks account or Card and whether or not a Sunrise Banks True Link Prepaid Visa Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.
For purposes of this arbitration agreement, the terms “you” and “your” include any Authorized User, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean either the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
American Arbitration Association
1633 Broadway, 10th Floor
New York, NY 10019
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
1920 Main Street, Suite 300
Irvine, CA 92614
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267
In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.
The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm’s rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.
What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys’ fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys’ fees to the party who substantially prevails in the arbitration.
Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.
Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
Applicable Law and Review of Arbitrator’s Award. The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator’s award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Minnesota and applicable federal law.
Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.
Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or cardholder status.
200 University Avenue West Suite 200
Saint Paul, MN 55103
Assignability. We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The Card Account established under this Agreement is not assignable or transferable by you. Notwithstanding the foregoing, this Agreement shall be binding on you, your Authorized Users and Administrators, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
Miscellaneous Provisions : We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.
Sunrise Banks Privacy Notice
True Link Financial Protection Service Agreement
Please read this carefully and retain it for future reference. If you have any questions, please call us at 1-800-299-7646.
Introduction. This agreement (“Service Agreement”) outlines the terms and conditions governing the True Link Financial Protection Service (“Service”) offered in connection with your True Link Prepaid Visa® Card issued by Sunrise Banks, N.A., member FDIC (“Card”). The Service is marketed and administered by True Link Financial, Inc. Please consult the Cardholder Agreement you received with your Card for additional terms and conditions with respect to your Card.
Definitions. In this Service Agreement, the words “you” and “your” means the Cardholder and the Administrator of the Card. “Cardholder” means the person to whom the Card was issued and who owns the funds in the Card account. “Card Issuer” means Sunrise Banks, N.A. “Administrator” means the person authorized by the Cardholder to receive information about the Cardholder’s Card account and to help the Cardholder personalize spending actions using the Service. “We”, “us”, “our” means True Link Financial, Inc., the third party service provider that markets and administers the Service.
This Service Agreement explains the relationship between you and us and is a binding legal contract governing your and our rights, obligations and responsibilities in connection with the Service. In consideration of the premises and mutual promises contained herein, the parties to this Service Agreement agree as follows:
Operation of the Program. The Service is designed to help protect participating Cardholders against Card transactions that may be unwanted, suspicious or even fraudulent (“Questionable Transactions”). These transactions might include, for example, purchases made outside the Cardholder’s normal spending patterns, phone purchases for high-cost or questionable products and services, contributions to suspicious charitable organizations, or gambling activities.
Transaction Authorization Process. The Service employs a two-tiered authorization process. First, the Administrator, on the Cardholder’s behalf, may request that certain types of Questionable Transactions be blocked, limited or flagged to alert the Administrator. Second, we employ software to evaluate each Card transaction against a set of dynamic criteria designed to identify Questionable Transactions. When our software identifies a Questionable Transaction, the transaction may be blocked, limited or flagged to alert the Administrator, depending on the parameters established by the Administrator. We will also attempt to alert the Administrator whenever a Questionable Transaction is rejected using the Service. If the Administrator subsequently instructs us to authorize a Questionable Transaction in accordance with our then current rules and procedures, we will endeavor to authorize that transaction if it is subsequently resubmitted.
Account Administration. The Service permits a Cardholder to authorize an Administrator to obtain information about the Cardholder’s Card account, take certain administrative actions with respect to the Cardholder’s Card account and personalize desired spending actions or limitations. By way of example, and without limitation, the Service permits a designated Administrator to view the Cardholder’s past Card transactions, define rules for flagging or blocking Questionable Transactions, receive alerts about transactions initiated with the Cardholder’s Card, dispute transactions on the Cardholder’s behalf, initiate action to close the Cardholder’s Card account, order an additional or replacement Card, accept notices and disclosures related to the Card, arrange for the deposit of the Cardholder’s funds to the Cardholder’s Card account, and generally administer the Cardholder’s Card account. We cannot verify the intentions or trustworthiness of your Administrator, so please do not authorize an Administrator to act on your behalf unless you are comfortable with this person administering your Card account. The Administrator shall for all intents and purposes be acting as an agent and fiduciary of the Cardholder when using the Service.
Liability for Acts of Administrator. By permitting the Administrator to administer the Cardholder’s Card account, the Cardholder agrees to be liable for all Card transactions and instructions initiated by the Administrator. The Cardholder must notify us at www.truelinkfinancial.com or call us at 1-800-299-7646 to revoke authorization for any person to serve as the Administrator of your Card account. Until we have received the Cardholder’s revocation notice and have had a reasonable time to act on it, the Cardholder will be responsible for all Card transactions and fees incurred by the Cardholder due to the actions or omissions of the Administrator. If you revoke your authorization for any person to serve as the Administrator, we may cancel your Card or issue a new Card to you.
Method of Acceptance. Both the Cardholder and the Administrator must agree to the terms of this Service Agreement before the Administer will be permitted to use the Service in connection with the Cardholder’s Card. By enrolling for the Service and clicking the “I agree” box on the True Link website, the Administrator acknowledges receipt of this Service Agreement and agrees to be bound by the terms and conditions contained herein. By activating and using the Card, the Cardholder acknowledges receipt of this Service Agreement and agrees to be bound by the terms and conditions contained herein. Except as otherwise required by law, we may, in our sole discretion, modify this Service Agreement at any time by posting the modifications on our website at www.truelinkfinancial.com. Except as otherwise required by law, use of the Cardholder’s Card after a posting of such modifications shall bind both the Administrator and Cardholder to the latest version of the Service Agreement. The current version of the Service Agreement can always be viewed on our website at www.truelinkfinancial.com.
Administrator Representations. The Administrator hereby represents and warrants the following to us: (i) that the Administrator is at least 18 years of age, has the legal capacity to enter into and be bound by this Service Agreement and has been authorized by the Cardholder to act as her/his Administrator in connection with the Service after explaining the Service to the Cardholder; (ii) that the Cardholder is at least 18 years of age and has the mental and legal capacity to enter into and be bound by this Service Agreement and to authorize the Administrator to be her/his Administrator in connection with the Service; (iii) that the Administrator, when acting in connection with the Service, is acting for all intents and purposes as an agent and fiduciary of the Cardholder and will at all times act in what the Administrator reasonably believes to be the best interests of the Cardholder; (iv) that, to the best of Administrator’s knowledge, all funds transferred or deposited to the Cardholder’s Card shall belong solely to the Cardholder; (v) that every act or omission by the Administrator relating to the Service and every instruction given by the Administrator to us is within the authority the Cardholder has conferred on the Administrator; and (vi) that the Administrator shall not seek to hold us or the Card Issuer liable for any actual or alleged act or omission of the Cardholder in relation to the Service or the Card.
Cardholder Representations. The Cardholder hereby represents and warrants the following to us: (i) that the Cardholder is at least 18 years of age and has the legal and mental capacity to enter into and be bound by this Service Agreement; (ii) that the Cardholder authorizes the person who is identified as the Administrator in the materials accompanying the Card (which Cardholder acknowledges receiving) to be her/his Administrator in connectionthe Cardholder’s Card; and (iii) that the Cardholder has authorized the Administrator to obtain information about the Cardholder’s Card account, take certain administrative actions with respect to the Cardholder’s Card account and assist the Cardholder in personalizing desired spending actions or limitations as described in this Service Agreement; and (iv) that the Cardholder shall not seek to hold us or the Card Issuer liable for any actual or alleged act or omission by the Administrator in relation to the Service or the Cardholder’s Card to the maximum extent permitted by applicable law.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INFORMATION, DATA, SITES AND CONTENT ARE OFFERED AND MADE AVAILABLE TO CARDHOLDER AND ADMINISTRATOR ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, AVAILABILITY OR CONTINUED AVAILABILITY OF THE CONTENT OF ANY SITE OR THE OPERATION OF THE SERVICE. CARDHOLDER AND ADMINISTRATOR EXPRESSLY AGREE THAT THEIR USE OF THE SITES AND THE SERVICE ARE AT THEIR SOLE RISK. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR THE CARD ISSUER, OUR VENDORS, LICENSORS, PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) SHALL IN ANY EVENT BE LIABLE TO CARDHOLDER OR ADMINISTRATOR OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES THAT CARDHOLDER, ADMINISTRATOR OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH THE SITES OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS SERVICE AGREEMENT, OUR LIABILITY IN RELATION TO THE SERVICE OR ANY SITE FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF ACTION OR THE FORUM SHALL AT ALL TIMES BE LIMITED TO US$200, WHICH CARDHOLDER AND ADMINISTRATOR RECOGNIZE AND AGREE IS REASONABLE IN VIEW OF THE FEES CHARGED IN CONNECTION WITH THE SERVICE.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE PRIOR TWO SECTIONS MAY NOT APPLY TO CARDHOLDER OR ADMINISTRATOR.
Fees. We currently do not assess a fee for the Service, although fees for the Card apply. See the Cardholder Agreement for a description of Card fees. We reserve the right to institute and charge fees related to the Service at any time. Cardholder and Administrator reserve the right to terminate their Service participation at any time in accordance with the termination procedures in this Service Agreement.
Security. We employ technical and organizational measures designed to protect personal information from accidental loss or unauthorized access, use, alteration or disclosure as required by applicable law. We do not represent that unauthorized parties will never be able to defeat these measures or use personal information for improper purposes.
Termination and Effects. The Cardholder and/or the Administrator may terminate their participation in the Service at any time by calling us at 1-800-299-7646, writing to us at the following address: True Link Financial, Inc. PO Box 581 San Francisco, CA 94104, or by following the applicable instructions on the True Link website, www.truelinkfinancial.com. We may, at any time, with or without cause, suspend the Service or terminate the Service or the rights of Cardholder and Administrator to participate in the Service by delivery of notice to the suspended or terminated party(ies). The termination process may take up to 30 days. If the Service is terminated for any reason, we may cancel the Cardholder’s Card. Termination shall not relieve the Cardholder or the Administrator of any obligations accrued or liabilities incurred at the time of termination, and any authorizations given to us under the Service shall remain in effect until the termination process is complete.
Intellectual Property Rights. We grant each of the Cardholder and the Administrator a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to communicate with us, its processor, the Card Issuer and other Service representatives for the stated purposes of the Service including the protection of the Cardholder and to upload and download certain Service and personal information as may be permitted by us. We reserve all rights not expressly granted to the Cardholder and the Administrator in this Service Agreement.
Cardholder or Administrator may choose or we may invite either to submit ideas or comments about the Service, including without limitation, about how to improve the Service (“Ideas”). Cardholder and Administrator agree that their Idea submissions are gratuitous and place us under no fiduciary or other obligation, and that we may use Ideas or our own ideas that may be derived from those Ideas without compensation or attribution and may disclose them to others on a non-confidential basis or otherwise.
Indemnity. Except where prohibited by law, Cardholder and Administrator each agree jointly and severally to indemnify, defend and hold harmless us, our processors and the Card Issuer (including their respective directors, officers, employees, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action or other proceeding instituted by them or any third party that arises out of or relates to (i) any act or omission by the Administrator in connection with the Service, including without limitation a claim by the Cardholder that the Administrator or we acted on behalf of the Cardholder without proper authority or failed to act in the best interests of the Cardholder; (ii) any act or omission by the Cardholder in connection with the Service; (iii) any actual or alleged breach by the Cardholder or the Administrator of any representation, warranty or obligation set forth in the Service Agreement; and (iv) any assertion that we are at least partially responsible or liable for any alleged improper or unauthorized act or omission by either the Cardholder or the Administrator.
Disputes. All the parties to this Service Agreement agree that all their Disputes will be settled by arbitration only, upon the request of any disputing party. The parties agree that they will seek to resolve informally any Disputes that arise. For purposes of this Service Agreement, “Disputes” include any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between Cardholder and/or Administrator, on the one hand, and us or the Card Issuer (including our processors, suppliers or licensors or their respective affiliates, agents, directors or employees) on the other, including but not limited to any claims relating in any way to this Service Agreement (including its breach, termination and interpretation), and any other aspect of the Service relationship. This Service Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California without regard to its choice of law or conflicts of law principles that could require application of the law of another jurisdiction. Unless otherwise required by law, an action or proceeding by Cardholder or Administrator relating to any Dispute must commence within one year after the cause of action accrues.
Arbitration Agreement. Cardholder and Administrator each agrees to arbitrate individually all Disputes that they are unable to resolve informally. Arbitration is more informal than a lawsuit in court, provides for less discovery and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
ANY ARBITRATION RELATING TO THE SERVICE AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND CARDHOLDER AND ADMINISTRATOR IS EACH WAIVING THE RIGHT TO HAVE THEIR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST US.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by: (1) the American Arbitration Association (www.adr.org) (“AAA”); or (2) JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Cardholder and Administrator may elect to have their Disputes arbitrated by either AAA or JAMS. In every arbitration proceeding, the arbitrator shall decide all issues relating to the Dispute including, without limitation, any claim that this arbitration agreement or any provision of the Service Agreement is unconscionable.
The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Any party to an arbitration under this agreement may elect, by notice to the other party or parties, to have the arbitration conducted as a non-appearance proceeding, which means the arbitrator will not meet with the parties or hear testimony, but will instead render a decision based on the documents the parties submit. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, we will pay all the arbitration fees. If a consumer claimant prevails on any claim for which that consumer is legally entitled to reasonable attorneys’ fees, that claimant may recover those fees from us. Cardholder and Administrator shall have the same rights to remedies in arbitration as they would in court (including the right to obtain equitable remedies – such as injunctive relief).
For purposes of this arbitration agreement, references to Cardholder, Administrator and us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users and beneficiaries of our services. Subject to, and without waiver of any arbitration provisions above, Cardholder and Administrator agree that any judicial proceedings will be brought in, and each party hereby consents to, the exclusive jurisdiction and venue in the state courts in the City and County of San Francisco, California, or federal court for the Northern District of California.
Notices and Other Communications. All notices required or permitted under this Service Agreement shall be in writing. We may send written notices and communications to Cardholder and Administrator electronically via email, through the Service by displaying links to notices generally on the web site, or to a mobile device number set forth in Cardholder/Administrator profile. Cardholder and Administrator are responsible for keeping their profile information, including passwords, current. Electronic notices shall be deemed effective when they are sent to an address or phone number set forth in this section or subsequently substituted as permitted, provided the sender maintains a record of sending that reasonably establishes the date sent. Cardholder and Administrator may send notices and communications to us at True Link Financial, Inc. PO Box 581 San Francisco, CA 94104 or such changed address or telephone number as we may substitute by notice. The parties may also send notices in paper format. Paper notices shall be deemed effective when received if sent prepaid via United States Postal Service, with a return receipt request. Paper notices shall also be deemed effective when received if sent by reputable courier service.
Miscellaneous. This Service Agreement, and any rights and licenses conveyed under it, may not be conveyed by Cardholder or Administrator, but may be assigned by us without restriction. Except as expressly provided in this Service Agreement, these terms are a complete statement of the agreement among us, Cardholder and Administrator regarding their subject matter. Our processors and the Card Issuer are third-party beneficiaries under the Limitation of Liability and Indemnity sections of this Service Agreement, but for purposes of those sections only. If any provision of this Service Agreement is held to be invalid or unenforceable under any applicable law, then it shall be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. Headings are provided for convenience only and shall not be considered in interpreting this Service Agreement. Our failure to assert any right under this Service Agreement shall not constitute a waiver of such right. No waiver of any provision shall be deemed a waiver of any other in this Service Agreement or a continuing waiver of such provision. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Service Agreement shall survive termination of this Service Agreement.}
In order to enroll for a True Link Financial account, as defined in the Master Services Agreement, True Link Financial must provide certain disclosures required by law. True Link Financial can only provide these disclosures and other information electronically if the applicant consents.
In this E-Sign Consent, the following definitions apply: “I” and “me” mean the person who is applying to establish a True Link Financial account. “You” means True Link Financial and any person, company, bank or financial institution that is an assignee of True Link Financial’s rights.
2. Consumer Consent
By checking the “I agree to have the Terms and Conditions presented electronically,” which I hereby adopt as my electronic signature, I consent and agree that:
- You can provide disclosures required by law and other information about my legal rights and duties to me electronically.
- My electronic signature on agreements and documents has the same effect as if I signed them in ink.
- You can send all communications, billing statements and disclosures, including, but not limited to, this True Link Financial E-Sign Consent and the Master Services Agreement (collectively defined as “Disclosures”) to me electronically by posting such electronic communications to a web site that you designate in an e-mail notice you send to me at the time the information is available or to the extent permissible by law, by access to a web site that you generally designate in advance for such purpose.
- All required disclosures and communications in either electronic or paper format from you to me will be considered "in writing." I will print or download for my records a copy of this Disclosure and any other E-Communication that is important to me.
- This consent applies to my use of True Link Financial products and services, to my True Link Financial account, to all future Disclosures associated with my True Link Financial account, to all future transactions in which I use True Link Financial products and services, at any time, and to other Disclosures that you provide to me by email, unless I have, prior to such transaction, withdrawn my consent by the procedure mentioned below.
3. What I Will Need
I understand that in order to access and retain the electronic Disclosures I will need the following:
- A computer with an Internet connection.
- A current web browser that includes 256-bit encryption. Minimum recommended browser standards are Google Chrome current version (see www.google.com/chrome/ for current version), Microsoft Internet Explorer version 8.0 and above (see www.microsoft.com/ie for current version), Mozilla Firefox current version (see www.mozilla.com for current version), Apple Safari current version (see www.apple.com/safari for current version), or Opera current version (see www.opera.com for current version). The browser must have cookies enabled.
- A valid email address.
- Sufficient storage space to save past Disclosures and/or an installed printer to print them.
- If I use a spam filter that blocks or re-routes emails from senders not listed in my email address book, I must add firstname.lastname@example.org to my email address book.
4. Requesting Paper Documents and Withdrawing Consent
I understand that you will not send a paper copy of any E-Communication unless I request it or you otherwise deem it appropriate to do so. I understand that I may request paper copies of the Disclosures and that you will provide them to me by mail at no charge. I understand that I have the right to receive these Disclosures in paper form. I can request paper copies and/or withdraw consent by contacting you at:
True Link Financial, Inc. PO Box 581 San Francisco, CA 94104
I may withdraw my consent to receive E-Communications at any time by contacting you at the address above. Any withdrawal of my consent to receive electronic Disclosures will be effective only after you have a reasonable period of time to process my withdrawal. I understand and agree that if I withdraw my consent to receive electronic Disclosures you may – though you are not obligated to – cancel my True Link Financial account. You will not impose any fee to process the withdrawal of my consent to receive E-Communications. If I withdraw your consent, the legal validity and enforceability of prior required disclosures and communications delivered in electronic form will not be affected.
5. Updating Email Address
At any time, I can update the email address to which you will send alerts that my Disclosure is available.
I can change my email address, update my personal information, and other information related to this account by signing into truelinkfinancial.com and going to “Account.” I can also do this by contacting you at:
True Link Financial, Inc. PO Box 581 San Francisco, CA 94104
True Link is not responsible for any lost or un-received e-mails or documents. It is essential that I update my e-mail on file as necessary in order to receive e-mail notices and documents from True Link. Each time an e-mail is returned to True Link as undeliverable, True Link reserves the right to discontinue my electronic service. If this occurs and True Link discontinues my electronic service, True Link will send notices to the postal address on file along with a notice requesting an updated e-mail address. If I do not respond to such notice within the time specified, True Link reserves the right to terminate this Agreement.
6. Legal Effect
By consenting, I agree that electronic Disclosures have the same meaning and effect as if you provided paper Disclosures to me. When you send me an email or other electronic notification alerting me that the Disclosure is available electronically and you do in fact make it available online, that shall have the same meaning and effect as if you provided a paper Disclosure to me, whether or not I choose to view the Disclosure, unless I had previously withdrawn my consent to receive Disclosures electronically. I understand and agree that Disclosures are considered received by me within 24 hours of the time posted to your website, or within 24 hours of the time emailed to me unless you receive notice that the email was not delivered. I acknowledge and agree that My consent to E-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, and that you and I both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with me by electronic means.
Information We Collect
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Personal Data That You Provide Through the Services
Non-Identifiable Data: When you interact with True Link Financial through the Services, we receive and store certain personally non-identifiable information. Such information, which is collected passively using various technologies, cannot presently be used to specifically identify you. True Link Financial may store such information itself or such information may be included in databases owned and maintained by True Link Financial affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
Aggregated Personal Data: In an ongoing effort to better understand and serve the users of the Services, True Link Financial often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and True Link Financial may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. True Link Financial may also disclose aggregated user statistics in order to describe our services to current and prospective business partners, and to other third parties for other lawful purposes.
Use of Your Personal Information
Disclosure of Your Personal Information
True Link Financial is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Related Third Parties:
True Link Financial, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.
Link Financial may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of True Link Financial, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Links to Other Web Sites
True Link Financial takes reasonable precautions to keep the User’s Personal Information secure. We have put in place physical, electronic, and managerial procedures to safeguard the confidentiality and integrity of the information we collect. All personal and sensitive information submitted to True Link Financial through the website is secured by 256-bit Secure Socket Layer (SSL) data encryption. The information is stored on computer servers, which are separate from other corporate information and systems. Our efforts include procedures designed to avoid unauthorized access, alteration, misuse, or disclosure of Personally Identifiable Information.
Our websites and our third-party service providers that collect sensitive financial information, such as credit/debit card information, use encryption and other security measures in the collection and transfer of such information. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to True Link Financial via the Internet.
Notice of Security Breaches
If we learn of a security systems breach we may attempt to notify the User electronically so that you can take appropriate protective steps. However, by using our websites or providing Personally Identifiable Information to us, the User agrees that we can communicate with you electronically regarding security, privacy, and administrative issues relating to the User’s use of our websites. We may post a notice on our websites if a security breach occurs. If this happens, the User will need a web browser enabling the User to view our websites. We may also send an email to the User at the email address the User has provided to us in these circumstances. Depending on where you live, the User may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) the User should notify us in writing by contacting us at the contact information provided below.
True Link Financial, Inc. PO Box 581 San Francisco, CA 94104 1-800-299-7646 – Phone
Contacting True Link Financial
True Link Financial, Inc. PO Box 581 San Francisco, CA 94104 1-800-299-7646 email@example.com
True Link Terms Of ServiceThis Terms of Service Policy was last updated on January 26, 2015.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE BELOW. THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS OF SERVICE POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS THIS WEBSITE.
Access and Use of the Service
By using the information, tools, software, features and functionality including content, updates and new releases located on truelinkfinancial.com (together the “Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the website) or you are a “User” (which means that you have created an account with True Link Financial). The term “you” refers to a Visitor or a User. The terms “we” and “us” refer to True Link Financial. If you wish to become a User, and make use of the Service, you must read this Agreement and indicate your acceptance during the Application process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with True Link Financial.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Unauthorized use of True Link Financial’s Websites and systems, including but not limited to unauthorized entry into True Link Financial's systems, misuse of passwords, or misuse of any information posted to a site, is strictly prohibited.
You acknowledge that True Link Financial may disclose and transfer any information that you provide through this Website to (i) True Link Financial and its affiliates agents or information providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. You consent to the transmission, transfer or processing of such information to, or through, any country in the world, as we deem necessary or appropriate, and by using and providing information through this Website you agree to such transfers. Use of this Website, including any patterns or characteristics concerning your interaction with it, may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.
You agree not to attempt to log on to the Website from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Website from one of these countries may result in your access being restricted and/or terminated.
During the application process you will be asked to use or create a unique password for future use of our Websites. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under that password. By logging into the Websites, you represent and warrant that: (i) you are the customer who registered for the Service; (ii) you are using the Service only for permitted purposes; (iii) you have the authority to use any financial institution account information (“Account Information”) provided to the “Service; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; (v) you are not a competitor of True Link Financial, or agent thereof; and (vi) you will properly exit from your account at the end of each session. Please notify us at firstname.lastname@example.org of any potential unauthorized or misuse(s) of your account, or breach of security.
You represent and warrant that: (i) you will not select or utilize a user name (in the form of an email address) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person’s authorization to use such name; and (iii) you will not select or utilize a user name that True Link Financial in its sole discretion deems offensive.
You agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the account’s registration form.
True Link Financial may from time to time provide automatic alerts and voluntary account-related alerts.
Automatic alerts may be sent to you following certain changes made online to your True Link Financial account, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. True Link Financial may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address for your account. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, depending upon which alerts you select, information such as an account balance or specific transaction amounts may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Access and Interference
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor truelinkfinancial.com or any portion of truelinkfinancial.com, without True Link Financial’s express written consent, which may be withheld in True Link Financial’s sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search truelinkfinancial.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of truelinkfinancial.com or the Service; or
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of truelinkfinancial.com or the Service.
Links to other Websites
Our Websites may contain links to other sites operated by third parties. True Link Financial has no control over third-party sites, is not responsible for the content, accuracy or opinions expressed on such sites, cannot guarantee the content of such sites is accurate, legal, and/or inoffensive, and in no way investigates, monitors or checks such sites. Inclusion of any linked website on our Websites does not imply approval or endorsement of the linked third-party sites by True Link Financial, and we do not warrant that they do not contain viruses or other features that may harm your computer. WHEN YOU ACCESS THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. If you use our Websites to link to a third-party site, you understand and agree that you may not make any claim against us for any damages or losses resulting from linking to and/or using said site. If you have a problem with a link from our site, however, please notify us at email@example.com.
Rights You Grant to Us
By submitting information, data, passwords, usernames, PINs, other log-in information, materials and other content to or through the Service, you are licensing that content to True Link Financial and its service providers solely for the purpose of providing the Service. True Link Financial and its service providers may use and store the content, but only to provide the Service to you. By submitting this content, you represent that you are entitled to submit it to us for this purpose.
By using the Service, you expressly authorize True Link Financial and its service providers to access Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Service, you will be connected to the website for the third party you have identified. We will submit information including usernames and passwords that you provide to log you into the site. You hereby authorize and permit True Link Financial and our service providers to use and store information submitted by you to the Service (such as account passwords and user names) to accomplish the foregoing and to configure the Service so that it is compatible with the third party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant True Link Financial and our service providers a limited power of attorney, and appoint True Link Financial and our service providers as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN TRUE LINK FINANCIAL AND OUR SERVICE PROVIDERS ARE ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, TRUE LINK FINANCIAL AND OUR SERVICE PROVIDERS ARE ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any third parties accessible through the Service.
Account Information from Third-Party Sites
With the Service, Users may direct True Link Financial to retrieve information from third-party financial institutions regarding online accounts they maintain for Users provided that Users are authorized to access these accounts or engage in financial transactions using them. True Link Financial works with one or more online financial service providers to access this account information.
True Link Financial does not review the account information for accuracy, legality or non-infringement. True Link Financial and its service providers are not responsible for the products and services offered by or on third-party sites.
True Link Financial cannot always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. True Link Financial cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up-to-date when obtained directly from the relevant sites.
We welcome all comments, feedback, information, or materials (“Feedback”), which you submit to us by email or otherwise through or in conjunction with our Websites. Please note that Feedback shall be considered non-confidential and become the property of True Link Financial. By submitting Feedback to us, you agree to a no-charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We are free to use Feedback on an unrestricted basis.
The works of authorship contained in the truelinkfinancial.com Website (the "Website"), including but not limited to all design, text, sound recordings and images, are owned, except as otherwise expressly stated, by True Link Financial. Except as otherwise expressly stated herein, they may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without True Link Financial's prior written consent, except to the extent permitted by the Copyright Act of 1976 (17 U.S.C. § 107), as amended, and then, only with notices of True Link Financial's proprietary rights provided that you may download information and print out hard copies for your personal use, so long as you do not remove any copyright or other notice as may be contained in information, as downloaded.
The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. If you have any questions, you may contact us at firstname.lastname@example.org.
Web Content and Materials
The information on this Website is for information purposes only. It is believed to be reliable, but True Link Financial does not warrant its completeness, timeliness or accuracy.
The information and materials contained in this Website-and the Terms of Service of the access to and use of such information and materials-are subject to change without notice. Products and services described, as well as, associated fee and charges may differ among geographic locations. Not all products and services are offered at all locations.
You agree that (i) you will not engage in any activities related to the Website that are contrary to applicable law, regulation or the terms of any agreements you may have with True Link Financial, and (ii) in circumstances where locations of the Website require identification for process, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals.
TRUE LINK FINANCIAL OR ITS SUPPLIERS MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND TRUE LINK FINANCIAL DOES NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. TRUE LINK FINANCIAL RESERVES THE RIGHT TO TERMINATE ANY OR ALL WEBSITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO THE USER. FURTHERMORE, BY OFFERING THIS WEBSITE AND INFORMATION, PRODUCTS OR SERVICES VIA THIS WEBSITE, NO DISTRIBUTION OR SOLICITATION IS MADE BY TRUE LINK FINANCIAL TO ANY PERSON TO USE THE WEBSITE OR SUCH INFORMATION, PRODUCTS OR SERVICES IN JURISDICTIONS WHERE THE PROVISION OF THE WEBSITE AND SUCH INFORMATION, PRODUCTS OR SERVICES IS PROHIBITED BY LAW.
Potential Disruption of Service
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment
- Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content
- Overload of system capacities
- Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters
- Interruption (whether partial or total) of power supplies or other utility of service
- Strike or other stoppage (whether partial or total) of labor
- Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention
- Any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of True Link Financial
LIMITATION OF LIABILITY
BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE WEBSITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE) IS PROVIDED "AS IS" "AS AVAILABLE". TRUE LINK FINANCIAL AND THIRD PARTY DATA PROVIDERS ARE NOT PROVIDING ANY WARRANTIES AND REPRESENTATIONS REGARDING THE WEBSITE. TRUE LINK FINANCIAL AND THIRD PARTY DATA PROVIDERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, TRUE LINK FINANCIAL WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THIS WEBSITE, OR FOR THE INCOMPATIBILITY BETWEEN THIS WEBSITE AND FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM. NOR WILL TRUE LINK FINANCIAL BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TRUE LINK FINANCIAL'S CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS.
TRUE LINK FINANCIAL AND THIRD PARTY DATA PROVIDERS DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE MATERIALS AND INFORMATION. FURTHERMORE, TRUE LINK FINANCIAL AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND THE USER'S FILES AND THE USER'S BROWSER OR OTHER SITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND TRUE LINK FINANCIAL AND ITS AFFILIATES' CONTROL. NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING TRUE LINK FINANCIAL'S RESPONSIBILITIES AND OBLIGATIONS TO USERS IF DOING SO WOULD CONFLICT WITH APPLICABLE LAWS AND REGULATIONS.
UNDER NO CIRCUMSTANCES WILL TRUE LINK FINANCIAL BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITY OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER TRUE LINK FINANCIAL HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
Enforceability and Governing Law
In the event any of the terms or provisions of these Terms of Service shall be held to be unenforceable, the remaining terms and provisions shall be unimpaired and the unenforceable term or provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. These Terms of Service shall be subject to any other agreements you have entered into with True Link Financial. The user's access to and use of the truelinkfinancial.com Website, and the terms of this disclaimer are governed by the laws of the State of California.
Notice for California Users: Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Violation of Terms of Service
If we believe you have violated this Agreement, we may, without prior notice, terminate your access to and use of services provided by our Websites. Where applicable, we may take legal action against you or report you to law enforcement, other users on your account, and our partners and affiliates.