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 Software 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.
List of all fees for True Link Next Step Visa® Prepaid Card
("List of All Fees")
|Set-Up and Maintenance|
|Monthly Fee||Monthly Fee||$12.00||This fee will be charged on the first day of the month following card activation and monthly thereafter.|
|ATM Withdrawal||ATM Withdrawal Fee||$1.50||This is our fee for a cash withdrawal at an ATM. The ATM operator may also charge a fee. You can request cash back at no charge by selecting "Debit" and entering your PIN when making a purchase at merchants who permit cash back transactions.|
|Bank Teller Withdrawal||Bank Teller Withdrawal Fee||$4.00||This is our fee for a cash withdrawal at a financial institution. The financial institution may also charge a fee. You can request cash back at no charge by selecting "Debit" and entering your PIN when making a purchase at merchants who permit cash back transactions.|
|Quasi-Cash Withdrawals||Quasi-Cash Withdrawal Fee||$4.00||This is our fee when you purchase "quasi cash" (e.g. money orders, travelers checks, foreign currency, lottery tickets, casino chips, etc.). The merchant or financial institution may also charge you a fee. You can request cash back at no charge by selecting "Debit" and entering your PIN when making a purchase at merchants who permit cash back transactions.|
|ATM Balance Inquiry||Balance Inquiry Fee||$0.50||This is our fee charged for checking your balance at an ATM. The ATM operator may also charge a fee. To avoid this fee, check your balance for no charge by visiting our website www.truelinkcard.com, or call Customer Support at 1-800-299-7646 and use the automated telephone system.|
|Using your Card outside the U.S.|
|International Transaction Fee||International Purchase Fee||$1.00||This is our fee for an international purchase. If you 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. This currency conversion fee is in addition to our fee.|
|Replacement Card||Replacement Card Fee||$5.00||This is our fee each time you request a replacement card prior to the expiration/valid thru date of your card.|
|Expedited Card||Expedited Shipping Fee||$30.00||This is our fee each time you request expedited shipping for a card. Your card will arrive in approximately 2-4 business days. You can choose standard delivery for your card for no shipping fee.|
Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to Sunrise Banks N.A., an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event the Bank fails, if specific deposit insurance requirements are met and we have been able to verify your identity. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact us by calling 1-800-299-7646, by mail at True Link Financial Inc., PO Box 581, San Francisco, CA 94104, or visit www.truelinkcard.com
For general information about prepaid accounts, visit
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
This Cardholder Agreement, including the “List of All Fees”, and any Privacy Notice provided to you by us (collectively referred to as this “Agreement”), sets forth the terms of your True Link Next Step Visa® Prepaid Card. Please read it carefully and retain it for your records. Your Card is issued by Sunrise Banks N.A., St. Paul, MN 55103, Member FDIC pursuant to a license from Visa U.S.A., Inc.
IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A CARD ACCOUNT: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who opens a card account. What this means for you: when you open a card 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.
Definitions. In this Agreement, the words "you" and "your" means the Card Owner and any Administrator and/or Authorized User of the Card. "Card Owner" 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 Card Owner to receive information about the Card Owner’s Card Account and to personalize spending actions using the True Link Financial Protection Software Service. "Authorized User," means any person issued a Card at the request of the Card Owner and authorized by the Card Owner to use the Card. "We", "us", "our" means both Sunrise Banks and True Link Financial, Inc. The “Bank” and “Sunrise Banks” means the issuer of the Card. True Link Financial, Inc. is the service provider that markets and services your Card Account and the True Link Financial Protection Software Service. “Card” means the Visa U.S.A., Inc. (“Visa”) plastic prepaid card that is issued to you by us. "Card Account" means the custodial sub-account we maintain on your behalf to track your Card balance on deposit with us and record transactions made using your Card or by other means authorized by this Agreement. “Account Number” means the 13-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. The True Link Financial Protection Software Service offered in connection with your True Link Next Step Visa Prepaid Card permits you, among other things, to authorize an Administrator to obtain information about 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 the “Change in Terms” 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. The funds in the Card Account will be insured for the benefit of the Card Owner to the maximum limit provided by the Federal Deposit Insurance Corporation provided we have been able to verify your identity. Your funds will never expire, regardless of the expiration date on the front of your Card. 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 card, log in to www.truelinkcard.com or call 1-800-299-7646 and follow the instructions provided. As part of the activation, you may be required to provide your Social Security Number and date of birth. 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 Software Service (governed by the True Link Financial Protection Software Services Agreement) offered in connection with your True Link Next Step Visa Prepaid Card permits the Card Owner 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 spending actions or limitations. By way of example, and without limitation, the True Link Financial Protection Software 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.truelinkcard.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, Card Number and Account Number. Subject to terms and limitations set forth in this Agreement, once you have activated your Card and we have verified your identity, you may use your Card, Card Number or Account Number, as applicable, to: (1) add funds to your Card Account (see “Adding Funds to Your Card Account” ), (2) purchase goods or services wherever your Card is honored as long as you do not exceed the value available in your Card Account (see “Using Your Card for Purchases”), and (3) withdraw cash from your Card Account (see “Using Your Card to Get Cash”), as long as you do not exceed the available balance in your Card Account. There may be fees associated with some of these transactions (see the “List of All Fees” above for more details). Further, some of these services may not be available at all locations.
Each time you use your Card, Card Number or Account Number to purchase goods or services, obtain cash or initiate another type of funds transfer authorized by this Agreement, you authorize us to reduce the available balance in your Card Account by the amount of the transaction plus applicable fees, if any. You agree that you will: (i) not use your Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of your Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access your Card Account information or Card funds; (iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. The Card may not be accepted by certain merchants whose goods or services are not legal for minors. We may refuse to process any transaction that we believe violates the terms of this Agreement.
We will provide you our bank routing number and assign you a 13-digit Account Number. Our bank routing number and your 13-digit Account Number is available online at www.truelinkcard.com by logging in to your Card Account, and will be provided to you with your Card. 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 and fees may apply.
PIN: A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction. Only one (1) PIN will be issued for the Card. To prevent unauthorized access to the Card balance, you agree to keep your PIN confidential. We recommend that you memorize your PIN and do not write it down. Some merchants may require you to make purchases using a PIN. You can call 1-800-299-7646 to reset your PIN.
Limitations on Card Usage. Use of your Card is subject to the limitations set forth below, and no transaction may exceed the value available in your Card Account. For security reasons, we may further limit the amount or number of transactions you can make with your Card on a daily or monthly basis, or in the aggregate, and we may limit the dollar amount of transactions to or from your Card Account. We may increase or decrease these limits or add additional limits from time to time in our sole discretion without prior notice to you except as required by law.
Frequency and/or Dollar Limits
(for typical transactions)
|Maximum Card Account balance||$20,000.00 total|
|Direct Deposits/Transfers from Your Bank Account||$5,000.00 total per day|
|Bank to Card Transfers||$20,000.00 total per month|
|Cash Withdrawals (ATM or POS) - Domestic and International||$500.00 total per day|
|Monthly ATM Limit - Domestic||$3,000.00 total per month|
|Monthly ATM Limit - International||$1,000.00 total per month|
|Cash Withdrawal (Over the Counter or Quasi Cash) - Daily||$500.00 total per day|
|Cash Withdrawal (Over the Counter or Quasi Cash) - Monthly||$3,000.00 total per month|
|Card Purchases (Signature & PIN)||$5,000.00 total per day|
|Monthly Maximum POS Purchases||$20,000.00 total per month|
*Other third parties involved in the transaction (e.g. ATM operator, reload network, bank teller) may have their own daily, weekly or monthly limits on the frequency and/or dollar amount of the transactions you request.
Adding Funds to Your Card Account. You may add funds to your Card Account, called “loading”, at any time, subject to the limitations (see “Limitations on Card Usage” section). Merchants and banks may have additional limitations. We reserve the right to accept or reject any request to load value to your Card Account. The Card Account may only be loaded by the Card Owner or on your behalf. There may be a fee imposed by the originating bank or retailer for a load transaction. Loads are subject to appropriate anti-fraud verification. Certain delays may be required to assure funds are available for loads prior to crediting to your Card Account and making funds available to you. All loads must be made in U.S. dollars.
(1) Direct Deposit: You may arrange to have all or part of your paycheck, any Federal or state government benefit or payment (e.g., Federal tax refunds or social security payment) or other payments owing to you deposited directly to your Card Account by your employer or relevant payor. We do not charge a fee for this service. Once your Card has been activated, you may log in at www.truelinkcard.com to obtain information about our Bank routing number and your assigned Account Number. The 16-digit Card Number embossed on your Card should not be used for initiating direct deposits or your deposits will be rejected. You must enroll with your payor using the Bank routing number and Account Number that we will provide to you. 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.truelinkcard.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 your payor and providing the payor and the Bank sufficient time to act upon the notice before the next scheduled transfer date.
(2) ACH Transfer: You may transfer funds to your Card Account from an eligible checking or savings account held by you at a U.S. financial institution by means of an Automated Clearing House ("ACH”) transaction. By requesting such a transfer, you represent that you are the owner of such bank account and, if there are additional owners, you are authorized by them to withdraw or add funds and take all other actions required or permitted by this Agreement. When you provide us with your bank account information, we may verify your authority and/or access to the bank account you identify.
Using Your Card for Purchases: You can use your Card to purchase goods and services everywhere Visa prepaid cards are accepted, subject to the limitations (see “Limitations on Card Usage” section). If you do not have enough funds available in your Card Account for the entire purchase, you can instruct the merchant to charge part of the purchase to your Card Account and pay the remaining amount with other funds. These are called split transactions and some merchants do not permit them. If a merchant attempts to process a transaction for more than the value available in your Card Account, or if the transaction will cause the purchase limit we have established to be exceeded, then the transaction will be declined. Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow us to investigate such unusual activity.
If you use your Card Number or Account Number without presenting your Card (such as for mail order, telephone or Internet purchases), the legal effect will be the same as if you used the Card itself. For mail order, telephone, Internet or other card-not-present purchases, merchants may choose to route a transaction through as a PIN or signature purchase. In these circumstances, we recommend that you ask the merchant whether your transaction will be routed as a PIN or signature transaction, to the extent we assess different fees for PIN and signature purchase transactions (see “List of All Fees” above for applicable fees).
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). If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. 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.
Using Your Card to Get Cash: You may use your Card and PIN to obtain cash at ATMs displaying the Visa Brand Mark, or at merchants that have agreed to provide cash back with a PIN purchase, subject to the limitations in the section “Limitations on Card Usage”. ATM, PIN purchase and over-the-counter cash withdrawals are limited to the available balance in your Card Account. Merchants, banks and ATM operators may have additional limitations. You may be charged a fee by us for each cash withdrawal and balance inquiry made at an ATM in the amount disclosed (see “List of All Fees” above for applicable fees). In addition, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
Negative Balance. You acknowledge and agree that the value available in your Card Account is limited to the funds that have been loaded to your Card Account by you or on your behalf. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. You may not initiate transactions exceeding the available balance in your Card Account. Nevertheless, if any fees, transaction fees from merchants or other activity cause your Card Account to have a negative balance, you agree to pay us immediately for the full amount of the negative balance without further demand. We do not offer an overdraft or other credit feature with this Card. We may deduct the negative balance owing from any current or future funds loaded to your 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.
Pre-authorized Payments from Your Card. You may preauthorize a merchant to make recurring electronic funds transfers from your Card Account. If these regular payments 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.
List of All Fees. We will charge you, and you agree to pay, the fees and charges set forth in the “List of All Fees” above. You may also log in at www.truelinkcard.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. The owners of ATMs or other networks may impose an additional charge to use their terminals. Such other fees and charges may be deducted from your Card Account. If you request a service that is not included (see “List of All Fees” above for applicable fees) and 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.
Card Account Balance and Transaction History. You can obtain information about the amount of money you have remaining in your Card Account by calling 1-800-299-7646. You may also obtain your balance information, along with a 12-month history of your Card Account transactions, at no charge by logging in to your Card Account at www.truelinkcard.com. You also have the right to obtain at least 24 months of written history of your Card Account transactions by calling 1-800-299-7646, or by writing us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104.
Foreign Transactions. If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your funds 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 “List of All Fees” for applicable fees).
Change in Terms. Subject to the requirements and limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement without advance notice to you except as required by law. Advance notice may not be given 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.
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 or suspend your 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.truelinkcard.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. Unless you have engaged in fraud or other illegal activities using your Card, if your Card Account privileges are cancelled or suspended, you may request the unused balance to be returned to you via a check.
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
Unclaimed Property. You acknowledge and agree that we may be required by applicable law to turn over to a state government authority any funds remaining on your Card Account after a period of inactivity or dormancy. 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 required by law. If this occurs, we may try to locate the Card Owner 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.truelinkcard.com or by calling Customer Service at 1-800-299-7646.
Information Given to Third Parties.
We are required to periodically report certain Card information to the Visa Prepaid Clearinghouse Service (PCS) to assist in fraud prevention. Please contact PCS Customer Service for details regarding the information reported and on file with PCS.
Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH
PCS Customer Service Department's business hours are Monday – Friday, 9:00 a.m. – 5:00 p.m. Eastern Time.
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 guarantee or 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, pandemics, 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.
Protecting Your Access Information. 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, IMMEDIATELY call: 1-800-299-7646 or write: True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. You should also IMMEDIATELY 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 IMMEDIATELY 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 two (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 two (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 IMMEDIATELY. If you do not tell us within 60 days after your account statement was made available to you, 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 Under 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 have reason to 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 60 days after your account statement was made available to you for the transfer allegedly in error that 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 ten (10) business days. We will determine whether an error occurred within ten (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 forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card Account within ten (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 ten (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 ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (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 Financial, Inc., 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.truelinkcard.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 suppress caller ID and similar services when contacting you regarding your card. When you give us your mobile telephone number, you hereby expressly agree that we or any third party acting on our behalf may contact you at this number, including through the use of an Autodialer or prerecorded message. You may request this number not be used by calling 1-800-299-7646 or write True Link Financial, Inc., PO Box 581, San Francisco, CA 94104 or visit www.truelinkcard.com.
We may offer options that allow you to receive or access text messages or other electronic communications or Card Account alerts from your mobile phone. By enrolling for these types of communications, you understand and agree to be responsible for any fees or charges you incur as a result of this enrollment.
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 any of your contact information changes (e.g. physical address, mailing address, e-mail address, phone number or your name), you must notify us immediately. Failure to promptly notify us of changes in your contact information may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address or electronically delivered to the last email 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, (1) 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 Visa prepaid 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, Administrator, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. For the purpose of this arbitration provision, the terms "we," "our," and "us" mean the Bank and True Link Financial, Inc. and their respective employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns 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
Web site: www.adr.org
Telephone (800) 778-7879
JAMS, The Resolution Experts
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 Software Service Agreement ("Software Service Agreement")
Please read this Software Service Agreement carefully and retain it for future reference.
Introduction. This agreement (the “Software Service Agreement”) outlines the terms and conditions governing the True Link Financial Service (“Service”) offered in connection with the use of the True Link Financial, Inc. (“True Link” or the “Company”) software platform (the “Platform”) associated with the True Link Visa Prepaid Card. Please consult the Cardholder Agreement You received with Your True Link Visa Prepaid Card for the terms and conditions that apply to Your use of the True Link Visa Card(s).
Definitions. In this Software Service Agreement, the following terms are defined:
"Account Owner" or "Card Owner" means the person who qualified for the True Link Visa Card Account and owns the funds in the True Link Visa Card Account.
“Administrator(s)” means the person or persons authorized to personalize the spending actions on the Platform, and the person or persons authorized by the Card Owner to receive information about the True Link Visa Card, the Cardholder and True Link Visa Card activity (See Paragraph 2. below for more information on the roles and responsibilities of Administrators).
“Authorized User” means the person or persons, including the Cardholder, who have received a True Link Visa Card at the request of the Card Owner or Administrator and is/are authorized to use the Card.
"Card” or “True Link Visa Card” means the Visa U.S.A., Inc. (“Visa”) prepaid card that is issued under the Cardholder Agreement.
“Cardholder” means the person permitted to use the Card, including an Authorized User, who authorized the Administrator to act on their behalf in relation to the True Link Visa Card and the Platform.
“Card Account” means the custodial sub-account maintained to track the Card balance and record transactions made using the True Link Visa Card.
“Service” means the use of the True Link Software Platform (also referred to as the “Platform”), including access to customer service.
“We”, “Us” or “Our” means True Link Financial, Inc. (also referred to in this Agreement as the “Company”).
“You” or “Your” means the Card Owner, the Cardholder, the Administrator, and/or any Authorized User of the True Link Visa Card.
This Software 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 (including an agreement to resolve disputes by Arbitration, set forth in Paragraph 21.).
- Binding Agreement. By ordering, activating or using the True Link Visa Card or Service, You acknowledge receipt of this Software Service Agreement and agree to be bound by the terms and conditions contained herein. Except as otherwise required by law, We may, in Our sole discretion, modify this Software 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 True Link Visa Card and/or the Service, after a posting of such modifications shall bind You to the latest version of the Software Service Agreement. The current version of the Software Service Agreement can always be viewed on Our website at www.truelinkfinancial.com. If you do not agree to the modified terms for this Software Service Agreement, you should discontinue Your use of the Service and the True Link Visa Card, which shall be Your sole and exclusive remedy.
- Card Administrator Roles and Responsibilities. The Administrator (or more than one Administrator) is authorized to (a) obtain information about Cardholder; (b) access information about the True Link Visa Card and True Link Visa Card activity; and (c) generally manage and administer the Card and the Service, including without limitation, personalizing spending actions and limitations, disputing transactions, closing the card, ordering replacement cards, accepting notices and disclosures, naming additional Administrators, and arranging for deposit and withdrawal of funds.
- Card Transactions. The Administrator(s) may request that certain types of card transactions be blocked, limited or flagged. We do not warrant or guarantee that all transactions or types of transactions that You request to block, limit or flag will be blocked, limited or flagged.
- Liability for Acts and Omissions. Notwithstanding the Cardholder Agreement, You agree to be jointly and severally liable for all activity governed by this Software Service Agreement.
- Revocation of Administrator. The Card Owner must notify Us at www.truelinkcard.com or call Us at 1-800-299-7646 to revoke authorization for any person to serve as the Administrator of the Card and Card Account. Until We have received the Card Owner’s revocation notice and have had a reasonable time to act on the notice of revocation, each Administrator and Cardholder will be jointly and severally responsible for all Card transactions, Platform activity, and fees incurred related to the True Link Visa Card and these Services, as governed by this Software Service Agreement and the Cardholder Agreement. Upon request by the Card Owner to revoke the authority of the Administrator, We may request additional information in order to process the request. If the Card Owner revokes their authorization for any person(s) to serve as the Administrator, We may cancel the Card and/or issue a new Card, at Our discretion.
- Your Representations and Warranties. You represent and warrant that You have the legal capacity (or You have a power of attorney, trusteeship, guardianship, or similar legal arrangement to do so) to enter into and be bound by the terms of this Agreement. You represent that every act or omission by the Administrator(s) relating to the Service is within the authority conferred by You. You agree not to seek to hold Us or the Card Issuer (as defined in the Cardholder Agreement) liable for any actual or alleged act or omission of anyone in relation to the Service or the True Link Visa Card to the maximum extent permitted by applicable law. You agree that, with respect to all money transferred into the Card Account, if You initiate a transfer or authorize someone to make a transfer, You have the authority to move that money to the Card Account.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT ARE OFFERED AND MADE AVAILABLE TO YOU 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 SERVICE/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE,/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT ARE OFFERED AND MADE AVAILABLE TO YOU ARE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES THAT WE CAN OR WILL PROTECT YOU AGAINST FRAUD OR THE WILLFUL OR MALICIOUS ACTS OF OTHERS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES/PLATFORM. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
- DISCLAIMER OF UNINTERRUPTED SERVICE AND SECURE ACCESS. We do not guarantee continuous, uninterrupted or secure access to any part of the Service/Platform, and operation of Our websites, software, or systems (including any networks and servers used to provide any of the services) operated by Us or on Our behalf which may be interfered with by numerous factors outside of Our control. 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 by any means, including but not limited to interruption, security or access.
- LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR THE CARD ISSUER, OUR VENDORS, LICENSORS, (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) SHALL IN ANY EVENT BE LIABLE TO YOU 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 YOU OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH THE SERVICE, PLATFORM, WEBSITES OR CONTENT, EVEN IF WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS SOFTWARE SERVICE AGREEMENT, OUR LIABILITY IN RELATION TO THE SERVICE, PLATFORM, WEBSITES OR CONTENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THE FORUM SHALL AT ALL TIMES BE LIMITED TO USD $200, WHICH YOU RECOGNIZE AND AGREE IS REASONABLE IN VIEW OF THE FEES CHARGED IN CONNECTION WITH THE SERVICE. In addition, to the extent permitted by applicable law, and in connection with the Services and Platform as governed by this Software Service Agreement, We are not liable, and You agree not to hold Us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Your use of, or Your inability to use, Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf, or any of the services; (2) delays or disruptions in Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf and any of the services; (3) viruses or other malicious software obtained by accessing Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or any of the services or any website or service linked to Our websites, software or any of the services; (4) glitches, bugs, errors, or inaccuracies of any kind in Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or any of the services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; or (6) a suspension or other action taken with respect to Your Card or Card Account.
- 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 YOU.
- 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. You reserve the right to terminate Your participation in the Service, which shall include but not be limited to termination of use of the True Link Visa Card and the Services at any time in accordance with the termination procedures in this Software Service Agreement.
- Protecting Your Access Information. To prevent unauthorized access to Your Card Account, You agree to keep Your Access Information confidential and not share it with others (for the avoidance of doubt, this also means that the Cardholder and Administrator, for example, should not share Access Information). 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 Service 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 Service in order to maintain or restore security or performance of the Service; 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.
- Change of Address. If any of Your contact information changes (e.g. physical address, mailing address, e-mail address, phone number or Your name), You must notify Us immediately. We will attempt to communicate with You only by use of the most recent contact information You have provided to Us. Failure to promptly notify Us of changes in Your contact information may result in information regarding the account being mailed to the wrong person or Your transactions being declined. Any notice given by Us shall be deemed given to You if e-mailed to You at the e-mail address we have on file for You. 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.
- Termination and Effects. You may terminate 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, for any reason and at any time, suspend the Service, or terminate the Service or the rights of You to participate in the Service, including but not limited to Your access to or use of the Platform, Card, Card Account, customer service, website, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or some or all of the services by delivery of notice to the suspended or terminated party(ies). If the Service is terminated for any reason, We may cancel the True Link Visa Card. Termination shall not relieve You 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. Any transactions pending at the time of termination may be completed. Any funds remaining on a Card after all pending transactions settle will be returned to You.
- Intellectual Property Rights. We grant You a limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to communicate with Us, the processor, the Card Issuer and other third parties for the stated purposes of the Service. True Link’s trademarks "TrueLinkFinancial.com," "True Link," and all logos related to the True Link services are either trademarks or registered trademarks of True Link. You may not copy, imitate, modify or use them without True Link’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of True Link. You may not copy, imitate, modify or use them without Our prior written consent. All right, title and interest in and to Our website, any content thereon, the True Link services, the technology related to the True Link services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of True Link and its licensors. If You are using True Link’s software application and/or website then True Link grants You a revocable, non-exclusive, non-sublicensable, nontransferable, royalty-free limited license to access and/or use True Link’s software in accordance with these terms and those of the website. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer Your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the True Link services. If You do not comply with implementation, access and use requirements You will be liable for all resulting damages suffered by You, True Link and third parties. True Link may update or discontinue any software upon notice to You. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the website, software or technology, or otherwise create any derivative works therefrom. You acknowledge that all rights, title and interest to True Link’s website, software and technology are owned by True Link and any third party service providers. You acknowledge that True Link does not own, control nor have any responsibility or liability for any such third-party service providers. We reserve all rights not expressly granted to You in this Software Service Agreement.
- Ideas. You may choose, or We may invite You, to submit ideas or comments about the Service, including without limitation, about how to improve the Service (“Ideas”). You agree that Your Idea submissions are gratuitous and place Us under no fiduciary or other obligation, and that We may use Your 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, and notwithstanding the Cardholder Agreement, You each agree jointly and severally to indemnify, defend and hold harmless Us, Our subsidiaries, Our processors and the Card Issuer (including each of 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 You in connection with any activities under this Software Services Agreement, including without limitation a claim by You that We (or the Administrator(s)) acted on behalf of the Cardholder without proper authority or failed to act in the best interests of the Cardholder; (ii) any actual or alleged breach by You of any representation, warranty or obligation set forth in the Software Service Agreement; (iv) any assertion that We are at least partially responsible or liable for any alleged improper or unauthorized act or omission by You; (v) Your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom You authorize to use or access Our Service/Platform, websites, software, systems (including any networks and servers used to provide any of the services) operated by Us or on Our behalf, or any of the services on Your behalf.
- Disputes. All the parties to this Software Service Agreement agree that all 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 Software Service Agreement, “Disputes” include any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between You, 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 Software Service Agreement (including its breach, termination and interpretation), and any other aspect of the Service relationship. This Software 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.
- Release. If the Cardholder and Administrator(s) have a dispute with one another, You agree to release Us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
Cardholder and Administrator each agrees to arbitrate individually all Disputes that they are unable to be resolved informally. Arbitration is more informal than a lawsuit in court, provides for less discovery and seeks to resolve disputes more quickly. Instead of via 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.
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. ANY ARBITRATION RELATING TO THE SOFTWARE 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 Software 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.
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
Web site: www.adr.org
Telephone (800) 778-7879 JAMS, The Resolution Experts
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267 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 California 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 California 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. Legal Department
True Link Financial, Inc.
P.O. Box 581
San Francisco, CA 94104 Notices and Other Communications. All notices required or permitted under this Software Service Agreement shall be in writing. We may send written notices and communications to You electronically via email, through the Service by displaying links to notices generally on the web site or via mobile device. You are responsible for keeping Your profile information, including passwords, current. Electronic notices to Us 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. You 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. Force Majeure. We shall not be liable for delays, failure in performance or interruption of the Service or Platform which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions. Miscellaneous. This Software Service Agreement, and any rights and licenses conveyed under it, may not be conveyed by You, but may be assigned by Us without restriction. Our processors and the Card Issuer are third-party beneficiaries under the Limitation of Liability and Indemnity sections of this Software Service Agreement, but for purposes of those sections only. If any provision of this Software 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 Software Service Agreement. Our failure to assert any right under this Software 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 Software Service Agreement or a continuing waiver of such provision. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Software Service Agreement shall survive termination of this Software Service Agreement.
Electronic Communication Delivery Policy (E-Sign Disclosure and Consent)
This policy describes how True Link Financial, Inc. (“True Link”) delivers communications to you electronically. We may amend this policy at any time, as set forth in the True Link User Agreement
Electronic delivery of communications
We will provide these Communications to you by posting them on the True Link website and/or by emailing them to you at the primary email address listed in your True Link profile.
Hardware and software requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from True Link. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.
How to withdraw your consent
You may withdraw your consent to receive Communications electronically by writing to us at "True Link Financial, Inc. Attn: E-Sign, 315 Montgomery Street Fl. 10, San Francisco, CA 94104", or by contacting us via the "Contact Us" link at the bottom of each page of the True Link website. If you fail to provide your consent, or if you withdraw your consent to receive Communications electronically, True Link reserves the right to either deny your request for an Account, restrict or deactivate your Account, close your Account, or charge you additional fees for paper copies.
Requesting paper copies of electronic Communications
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your “Home” address in your True Link profile. If you request paper copies, you understand and agree that True Link may charge you a Records Request Fee for each Communication.
Updating your contact information
It is your responsibility to keep your primary email address up to date so that True Link can communicate with you electronically. You understand and agree that if True Link sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, True Link will be deemed to have provided the Communication to you.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add True Link to your email address book so that you will be able to receive the Communications we send to you.
You can update your primary email address or street address by contacting us at firstname.lastname@example.org or 877-264-8783. If your email address becomes invalid such that electronic Communications sent to you by True Link are returned, True Link may deem your Account to be inactive, and you will not be able to transact any activity using your True Link Account until we receive a valid, working primary email address from you.
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 Service
Updated as of 06/10/2022
Please read these terms carefully. If you do not agree to them you must not use the Site or Service.
THIS AGREEMENT CONTAINS:
- A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION(9;
- A CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 4); AND
- A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 3)
1. Your Use Of True Link's Service
1.1 Binding Contract
You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by True Link.
1.2 Modifications to this Agreement
We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the Site. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.
1.3 Your Accounts and Account Information from Third-parties Integrated with our Service
In order to provide a more efficient Service, TrueLink has partnered with third-party service providers to access information related to your accounts that you may currently have with financial institutions or providers (“Account Information” related to “Third-Party Accounts”). By entering your login details such as usernames and passwords “Login Details” for your Third-Party Accounts, these third-party service providers can access your Account Information and then provide it to True Link or the Bank Issuer. By entering your Login Details, you consent to third party service providers accessing your Third-Party Accounts so that True Link can share the relevant information with third parties who are providing you services through your use of Our Services. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third party providers as part of the Service. You acknowledge and agree that we have no control over the provision of third party service provider’s services and have no liability whatsoever for any actions or inactions on the part of those third-party service providers resulting in your inability to use the Service to access your accounts, obtain data, download information or otherwise access the Service.
1.4 No Recommendations or Professional Advice
Nothing provided on the Site should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, investment, tax, or legal recommendations or advice or other professional advice). Nothing contained on this Site shall be construed as an offer or solicitation to buy or sell securities. We encourage you to consult the appropriate professional for your specific circumstances.
1.5 True Link Accounts
When using our Service you may be required to establish an account (“Account”). You agree to the following requirements pertaining to the Account:
YOUR INFORMATION MUST BE ACCURATE AND CURRENT: You agree to provide true, accurate and complete information as prompted by the Service and all forms you access through the Service. You agree to update the information you provide through the Service in the event the information you provided changes in order to maintain its truthfulness, accuracy and completeness.
ACCOUNT SECURITY: You must keep your Account password secure. You must notify True Link immediately of any breach of security or unauthorized use of your Account. True Link will not be liable for any losses caused by any unauthorized use of your Account.
VERIFICATION OF IDENTITY (Patriot Act Information Disclosure): To help the government fight identity theft, the funding of terrorism and money laundering activities, True Link may obtain, verify and record information that identifies each person who opens an account with us. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow True Link to properly identify you. True Link may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity.
2. Change to Service; Prohibited Activities
While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:
NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or True Link employees or agents engaged in providing any portion of the Service to you.
NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.
TECHNOLOGICAL USE: You will not engage in:
- copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
- using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the True Link servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
- transmitting spam, chain letters, or other unsolicited email;
- attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- uploading invalid data, viruses, worms, or other software agents through the Service;
- collecting or harvesting any personally identifiable information, including account names, from the Service;
- interfering with the proper working of the Service;
- accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
- use data provided by us for any competing uses or purposes;
- frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages; or
- bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
3. Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages (text messages)
3.1 Consent to receive telephone calls, SMS messages and other messages
You acknowledge that by voluntarily providing your telephone number(s) to True Link, you authorize us to call and/or send text messages, even if your telephone number is registered on any state or federal Do Not Call list, in order to provide you with information regarding your Account and any transactions. You expressly authorize us to make such contacts using any telephone numbers you have supplied or will supply to us in connection with your Account. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you and you agree that we will have no liability in connection with third parties accessing your telephone.
You acknowledge that alerts sent via SMS may not be delivered if your carrier does not support short code communications, if your mobile phone is not in range of a transmission site, or if network capacity is not available or insufficient at a particular time. Additionally, you acknowledge that factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You understand that your wireless carrier does not guarantee that alerts will be delivered and we will not be liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
At any time, you may withdraw your consent to receive calls or SMS messages. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to True Link Financial, Inc. P.O. Box 581 San Francisco, CA 94104 (Attn: Opt-Out).
3.3 The phone numbers you provide
You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees)arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.
3.4 Charges from your telephone provider
You understand that your cellular or mobile telephone provider may charge you fees for calls or texts that we make or send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.
3.5 Call Recording and Monitoring
Calls to and from True Link may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.
4. Your Consent to Electronic Communications
Electronic Communications Delivery Agreement(E-SIGN Agreement)
Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us electronically (by us posting it on our Site or sending you an e-mail),instead of receiving paper copies in the mail.
This E-SIGN Agreement lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This agreement also lets you know that you must keep your contact information up-to-date.
5. User Content Requirements and Intellectual Property Rights
Before posting or providing any content, please review these requirements carefully:
5.1 You grant us a license to the content you post
You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). For the avoidance of doubt, User Content does NOT include information provided as part of the financial services offerings provided in the True Link Platform (e.g., transaction related information). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).
You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.
Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.
5.2 Your representations and warranties about the User Content
You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d)will not cause injury to any person, entity or system.
5.3 You agree that you will not do any of the following:
- You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
- You agree not to post any false, deceptive or misleading information
- You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
- You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
- You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Service and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
- You agree that you will not create a risk of loss or damage to any person or property
5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.
You will indemnify and hold True Link harmless for any and all claims resulting from your User Content.
5.5 Monitoring, editing or removing your User Content
True Link has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and True Link will not be liable for its use or disclosure.
5.6 No compensation for your ideas, content, suggestions, submissions etc.
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to True Link, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that True Link may have something similar to the Ideas under consideration or in development.
5.7 Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “True Link Content”), and all Intellectual Property Rights related thereto, are the exclusive property of True Link and its licensors (including other Users who post User Content to the Service).Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any True Link Content. Use of the True Link Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any True Link Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by True Link in writing.
5.8 DMCA Notice
Since we respect artist and content owner rights, it is True Link’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify True Link’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
- Information reasonably sufficient to permit True Link to contact you, such as your address, telephone number, and, email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
True Link Financial, Inc.
Address: P.O. Box 581 San Francisco, CA 94104
Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying True Link and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with True Link’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
6. Privacy and Security
You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
8. DISCLAIMER OFWARRANTIES AND GUARANTEES; LIMITATION OF LIABILITY
THESERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIESOR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISINGOUT OF COURSE OF DEALING, USEAGE OR TRADE. YOU UNDERSTAND AND AGREE THATNOTHING RELATED TO THE SITE CONSTITUTES FINANCIAL, INVESTMENT, LEGAL AND/OROTHER PROFESSIONAL ADVICE OR CONSTITUTES A SOLICITATION TO BUY OR SELLSECURITIES.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONSARE RESTRICTED, IN NO EVENT WILL TRUE LINK, ITS PARENT, SUBSIDIARIES, OR THEIRRESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOURUSE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSEDTHROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THECOMPANY FOR THE SERVICE OR $200, WHICHEVER IS GREATER.
CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIEDWARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.
The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:
$h4 8.1 ASSUMPTION OF RISK:
YOU ASSUME ALL RISK AND ANY AND ALL DAMAGESASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOUWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OFDATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOTLIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.
8.2 SERVICE AVAILABILITY:
COMPANY DOES NOT GUARANTEE THE CONTINUOUSOPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITYFOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BYANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANYPARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BECORRECTED.
8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:
COMPANY DOES NOT GUARANTEE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS,MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADEAVAILABLE THROUGH THE SERVICE.
8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:
THE CONTENT, INFORMATION AND SERVICES AREPROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOUARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDSAND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIALDECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIALRECOMMENDATION FOR YOU.
8.5 NO WARRANTIES REGARDING THIRD PARTIES:
$h4 9. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTSYOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRUE LINKHAVE AGAINST EACH OTHER ARE RESOLVED.
You and True Link agree that any claim or dispute at law or equity that has arisen, or may arise, between you and True Link that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
9.1 Dispute resolution
For any dispute with True Link, you agree to first contact us at support@Truelinkfinancial.com and attempt to resolve the dispute with us informally. In the unlikely event that True Link has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any True Link claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this Section 10 shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative)basis.
The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND TRUE LINK AGREE THAT EACH OF US MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATEATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRUE LINK AGREEOTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S ORPARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO,THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF ANDONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'SINDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
9.3 Arbitration Procedures
Overview: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 9.2 of this Agreement to Arbitrate(“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
Rules and Procedures: The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute("Notice"). The Notice to True Link should be sent to True Link Attn: Legal, Re: Notice of Dispute, P.O. Box 581 San Francisco, CA 94104 True Link will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
Post-Notice Initiation of Proceedings: If you and True Link are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or True Link may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site atwww.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to True Link at the following address: True Link Attn: Legal P.O. Box 581 San Francisco, CA94104 . In the event True Link initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Account. Any settlement offer made by you or True Link shall not be disclosed to the arbitrator.
Arbitration Location: The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or True Link may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and True Link subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or True Link may attend by telephone, unless the arbitrator requires otherwise.
Arbitrator Decision; Final and Binding: The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same True Link user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
9.4 Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, True Link will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by True Link should be submitted by mail to the AAA along with your Demand for Arbitration and True Link will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse True Link for all fees associated with the arbitration paid by True Link on your behalf that you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 9.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
9.6 Waiver of Jury Trial and Class Action
YOU AND WE AGREE THAT, BY ENTERING INTO THISAGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILLLIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION,THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHTTO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERALARBITRATION ACT).
9.7 Opt-Out Procedure
IF YOU ARE A NEW TRUE LINK USER, YOU CANCHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILINGUS A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICEMUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USERAGREEMENT FOR THE FIRST TIME (I.E., YOU ACCEPT THE USER AGREEMENT WHEN YOU USETHE TRUE LINK WEBSITE, WWW.TRUELINKFINANCIAL.COM). YOU MUST MAIL THE OPT-OUTNOTICE TO TRUE LINK ATTN: LEGAL, RE: OPT-OUT NOTICE, P.O. Box 581 San Francisco, CA 94104
Your Opt-Out Notice must include the following information: your name, address (including street address, city, state and zip code), and the email address associated with your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
9.8 Future Amendments to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or sitelink provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against True Link prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and True Link. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Truelinkfinancial.comat least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may deactivate your Account within the 30-dayperiod and you will not be bound by the amended terms.
9.9 Judicial Forum for Legal Disputes
You agree that: (i) the Service shall be deemed solely based in the State of California, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over True Link, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without regard to principles of conflict of law.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and True Link must be resolved exclusively by a state or federal court located in San Francisco County, California. You and True Link agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.
10.1 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by True Link without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall begiven effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
10.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and True Link’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Headings are for reference purposes only and do not limit the scope or extent of such Section.
The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.
10.7 No Agency or Joint Venture.
Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and True Link, except and solely to the extent expressly stated herein.
10.8 Third-Party Terms.
The Service may contain links to third-party websites, advertisers, services, or special offers that are not owned or controlled by True Link. True Link does not assume any responsibility for any third-party sites, information, materials, products, or services.
Please contact us at support@Truelinkfinancial.com with any questions regarding this Agreement.
Notice to California Residents: Under California Civil Code Section1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.