User Terms and Conditions for www.ovloop.com and the OV Loop Mobile Application
OV Loop, Inc. (“OV” or the “Company”), its website, www.ovloop.com (the “Site” or the “Website”) and its Mobile Application (the “Application”, and together with the Site, the “App”) provides messaging, internet calling, online payment, social networking, offers, cash back and other products and services to its users (the “Services”) subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the App. By installing, accessing, registering for, or using our apps, services, features, software, website, features, technologies, and/or other functionalities or purchasing products or services through the App, you agree to be bound by these Terms and Conditions, which are as follows:
Where appropriate, OV Loop is referred to below as “OV”, “we,” “us,” “our,” or “Company.” The term “you” refers to the user, subscriber or viewer of our App.
NO ACCESS TO EMERGENCY SERVICES
OV services are different from your mobile and land-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals. You should ensure that you can contact your relevant emergency services providers through a mobile, land-line telephone, or other service.
PERMISSIBLE USE OF THE APP
You agree that:
(a) Your use of the OV App (“App”) is subject to and governed by these terms and conditions;
(b) Only persons at least 18 years of age may access or use the App and transact business with the App;
(c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on OV each time you access and use the OV App; If we disable your account for a violation of our Terms, you will not be able to create another account without our permission.
(d) Each visit to OV by you indicates and confirms your assent and agreement to be bound by our terms and conditions; and
(e) These terms and conditions are a legally binding and enforceable agreement between yourself and OV;
(f) You confirm you are authorized to provide us the phone numbers of App users and your other contacts in your mobile phone to allow us to provide our Services.
You must access and use our Services only for legal, authorized, and acceptable purposes. You agree not to use or attempt to use the App for any purpose that:
(a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to OV or any third party;
(b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications;
(c) transmits any harmful or disabling computer codes, spyware, adware or viruses;
(d) interferes with OV’s network services;
(e) attempts to gain unauthorized access to OV’s network services or proprietary information;
(f) impairs or limits OV’s ability to operate the App or any other person’s ability to access and use the App;
(g) uses any methods, means, or devices to access OV or cause access to OV for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with OV;
(h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
(i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
(j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
(k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
(l) dilutes or depreciates the name and reputation of OV or any of its officers, agents, representatives or affiliates;
(m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or
(n) unlawfully uploads any confidential, proprietary or trade secret information.
OV reserves the right to establish general practices and limits concerning use of the App via different subscription plans and tiers of service, including without limitation restrictions relating to the maximum number of days that, messages, postings, or other uploaded Content will be retained by the App, the maximum size of any message that may be sent from or received by an account on the App, the type and quantity of financial data stored and presented in connection with your account, and the maximum disk space that will be allotted on OV’s servers on your behalf. You agree that OV has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted on the App.
REVOCATION OF USE RIGHTS
OV always reserves the right, in its sole and absolute discretion and without notice to you, to deny your access to and use of the OV App. You may not use OV or any affiliated website or applications to transmit unsolicited e-mail to the App or to anyone whose e-mail address is included under the domain name of OV or any affiliated website or app. Violation of these Terms and Conditions may result in a variety of actions, including cancellation of your subscription, limits on account privileges, and forfeiture of any fees paid to OV.
You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use OV. For as long as you use our Services, you consent to downloading and installing updates to our Services, including automatic updates.
In consideration of your use of the App, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, OV has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
In order to allow you to use the Services, we may verify your identity. You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information, requiring you to provide your full address, and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide this information or OV cannot verify your identity, we may refuse or otherwise limit your access to the App, and all associated Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your login ID, allows you to access your account and all OV Services. By providing us with your e-mail address, you consent to receive all required notices and information via e-mail. Electronic communications may be posted on the App and/or delivered to your e-mail address that we have on file for you. It is your responsibility to promptly update us with your complete, accurate contact information, or change your information, including email address, as appropriate.
If you become aware of any unauthorized use of your Registration or account information, or unauthorized access to the Services, you agree to notify OV immediately at the e-mail address: email@example.com.
PERSONAL INFORMATION FROM THIRD PARTY SITES
Users may authorize OV to access or retrieve their own contact information maintained on their mobile phone. OV may work with one or more online service providers to access this personal information. OV does not review any such information for accuracy, legality, or non-infringement. OV is not responsible for any damages or liability arising from the inaccuracy, illegality, use or infringement of such personal information.
OV cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. OV shall not assume any responsibility for the timeliness, accuracy, deletion, non-delivery, or the failure to store any user data, communications or personalization settings.
OV AS A PLATFORM
OV serves as an online platform, providing users with access to personal and professional Services contacts and telecommunications tools. OV grants users’ access to proprietary software tools and an advanced social network to provide users with valuable service offers. OV is not responsible for brokering, selling, purchasing, exchanging, or leasing posted content from third parties. Any services or advice offered through the web platform by OV or any third party does not constitute expert or professional advice or counsel, or legal advice or opinion to users. User hereby releases and holds OV harmless from any responsibility as a result of any decision made by user based on the App. Users acknowledge that OV does not hold or act in a position of trust and confidence in relation to user’s use of the OV web platform, nor shall any action, advice, or service offered by OV to any user create such a position of trust and confidence between OV and any user. As such, no personal relationship or any agency or fiduciary relationship is intended to be or shall be deemed to have been created between OV and any user or third party hereunder. OV makes no warranties or representations about the effectiveness or accuracy of any advice or Services offered, or of the effectiveness and accuracy of opinions or services of third parties who may offer advice or services through the OV App platform or who may be linked to via the App, about the quality and efficacy of any such services or opinions offered by either OV or any third party, about the accuracy of information provided by any party, or about the ability of any service offered by OV or any third party to address any specific need of the user. Users are recommended to conduct their own independent due diligence prior to using any services and all parties are encouraged to seek the help of licensed professionals as may be necessary prior to undertaking any action.
USE WITH MOBILE DEVICE
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. OV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
ONLINE AND MOBILE ALERTS
OV may, but is in no way obligated to, from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Data or access of your account by an unfamiliar device.
OV may, but is not required to, authorize you to turn on voluntary account alerts as part of the Services. These alerts allow you to choose alert messages for your accounts. OV may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert may have different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. OV may make, but is not obligated to make, commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert that should be made available to you. OV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Electronic alerts may be sent to the e-mail address you have provided as your primary email address for the Services or texted to you at any mobile number you may have provided during Registration. If your e-mail address or your mobile device’s email or phone address changes, you are responsible for informing us of any changes. Changes to your email address or mobile number will apply to all of your alerts.
Alerts may include your Login ID and other personal information about your accounts. Depending upon which alerts you select, personal financial information such as your account balance or the due date for your Payment Method may be included. Anyone with access to your e-mail will be able to view the content of these alerts. You may disable future alerts at any time.
USER SUBMITTED CONTENT
You, and not OV, are entirely responsible for all publicly accessible Content that you upload, promote, sell, transfer, or otherwise convey or transmit via the App. OV does not pre-screen Content but reserves the right in its sole discretion to remove any Content that is made publicly available via the App. OV reserves the right to remove any Content for any reason, including without limitation, Content that reasonably appears to violate our Terms and Conditions or is otherwise objectionable. By uploading Content to our App, you agree:
(i) All information submitted by you will be genuine and authentic, and any indicated origin, source, creator, manufacturer, and/or provenance will be true and accurate;
(ii) That you own or have the necessary licenses, rights, consents and permissions (“Rights”) to your Content and any other works that you incorporate into your Content, and you authorize and license OV to use your Content in the manner contemplated in these Terms and Conditions; and
By submitting your Content to OV, you hereby grant OV and its affiliates a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and transferable rights and licenses to (i) host, cache, store, archive, index, crawl, create algorithms based on, or modify your Content to appropriate media formats or mediums in any and all forms and by whatever means; (ii) to use, license, sell, digitize, stream, store, distribute, exhibit, reproduce, display, modify, adapt, edit, excerpt, communicate, translate, prepare derivative works and compilations of, compress, transmit, integrate, insert, market and promote your Content in any and all forms and media and by whatever means, and to exploit any and all rights relating thereto and derived therefrom; and (iii) to use your Content, in whole or in part, for and in connection with advertising, promotional or commercial purposes, including without limitation, the right to publicly display, reproduce and distribute your Content in any and all forms and media and by whatever means whether now known or hereafter devised or created, to exploit any and all rights relating thereto and derived therefrom, and to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights.
We may, at our discretion, impose limits on the amount of transactions you conduct through the OV Services. These limits may change from time to time in Company’s sole discretion. You will be notified of any limit changes to the extent required by applicable law.
The OV Loop GIFT MASTERCARD® (“OV Card”) balance consists of the funds you have in your OV account that are available for new transactions and are not subject to pending transactions. When you make a payment through the OV Services, we first see if your OV Card balance can cover the transaction. You may also be able to fund payments with a bank account, debit card or credit card, designating one of these to be your preferred payment method. We always use your OV Card balance first if the balance is enough to cover your payment. If there is not enough money available in your OV Card balance to cover the transaction, we use your designated preferred payment method to make the payment in its entirety. This payment method may differ depending on the type of payment you are making.
Payment Method Limitations
To manage risk, we may limit the payment methods available for your use to only debit and credit cards to fund any particular transaction. For example, we may limit your payment methods for a transaction to debit cards. Please note debit and credit card payment methods have different dispute resolution rights and procedures in the event your transaction turns out to be unsatisfactory. Your dispute resolution rights are determined by the debit and credit card issuer used to fund your transaction.
Debit Card Processing
We will process your debit card-funded transactions through either the debit card’s ATM debit network or the credit card provider’s network, as we may elect at its discretion.
Credit Card Information
If your credit card account number changes or your credit card expiration date changes, you are required to update your account accordingly.
Payment investigation is a process by which we review certain potentially high-risk transactions. If a payment is subject to payment investigation, we will place a hold on the payment and may provide notice to the recipient. We will conduct a review and either clear or cancel the payment. If the payment is cleared, we will provide notice to the recipient. Otherwise, we will cancel the payment and the funds will be returned. We will provide notice to you by email and/or in the account history tab of your OV account if the payment is canceled.
Risk of Reversals, Chargebacks and Claims
When you receive a payment, you are liable to us for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus applicable fees if you lose a claim or a chargeback, or if there is a reversal of the payment. If a sender of a payment later disputes the payment or files a claim for a chargeback, the debit or credit card issuer, not us, will determine whether the dispute is valid and to whom payment is due. You agree to allow us to recover any amounts due to us by debiting your balance. If there are insufficient funds in your balance to cover your liability, you agree to reimburse us through other means. If we are unable to recover the funds from your preferred payment method, we may attempt to contact you, recover the funds from your alternate payment methods, or may take other legal actions to collect the amount due, to the extent allowed by applicable law. If you have amounts due, you should confirm that your preferred payment methods contain funds sufficient to cover any amounts due in order to avoid overdraft or other fees your financial institution may charge.
We review account and transaction activity at various times. This review checks for, among other things, suspicious or illegal activity, and whether your account activity and the activity of users with whom you’ve transacted comply with this Agreement. Reviews may result in account suspension or termination. Among other reasons, we may take the above actions if you knowingly or unknowingly received a payment that was made from a stolen card, compromised bank account, or compromised OV account, or if you conducted a Prohibited Business Transaction. OV SHOULD ONLY BE USED TO PAY OR ACCEPT PAYMENT FROM PEOPLE OR COMPANIES YOU KNOW AND TRUST.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on the OV App or any affiliated website or application, including, but not limited to, OV’s respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of OV (the “Marks”). You agree not to use or otherwise appropriate any of OV’s Marks appearing on or in association with OV or any affiliated website or app. You will further indemnify OV against any loss or damage accruing to it because of your unauthorized use of the OV Marks, including the payment of any attorney’s fees.
Any third-party trademarks and/or service marks appearing on OV’s App are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with OV, and you assume any and all liability associated with any unauthorized use. You will further indemnify OV against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees.
You further acknowledge and agree that:
(a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, chat architecture, and the operation of OV (the “App Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; and
(b) all rights associated with the App Content are owned by OV, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any App Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any App Content.
You may not use the App Content, domain names (in whole or in part), or e-mail addresses related to or derived from OV, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from OV, for any purpose; meaning that you may not, among other prohibited uses, use any App Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from OV:
(a) in or as any meta-tag or hidden text;
(b) in or as part of any contextual marketing directory, index, or triggering term;
(c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or
- as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as OV or controls the content of any other Internet browser window.
DIGITAL MILLENNIUM COPYRIGHT ACT
OV is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on OV infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on OV infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address:
OV Loop, Inc.
Attn: DMCA Manager
240 Newbury Street
Danvers, MA 01923 USA
THIRD PARTY PRODUCTS
OV may connect you with unaffiliated third parties that offer listings, products and services (the “Products and Services”). OV is merely a platform to connect its users, and therefore does not verify the accuracy or veracity of any third-party provider. You are strongly urged to conduct your own due diligence upon making any offers, accepting offers or contracting any services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services.
LIMITATION OF LIABILITY
Any communications or interactions between yourself and services with third parties, business service providers, and/or advertisers on or through the OV App, including payment for and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You acknowledge and agree that OV is not responsible for the acts or omissions of its unaffiliated third parties and shall bear no responsibility (financial or otherwise) because of any action or inaction on the part of any third party with respect to your contact information, and/or any product or Service or otherwise. Furthermore, OV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties, service providers and/or advertisers on the OV App.
In the event that you have a problem or issue with a third party or incur damage as a result of third-party action or inaction for any reason, you must contact the third party directly to resolve such issue. In the event that your personal data is misused by any third party, OV shall bear no responsibility for such unauthorized dissemination, and shall not be liable in any way for the actions of any third-party affiliate which may receive your contact information. In the event of a dispute between yourself and one or more users/subscribers of the App, you hereby release OV (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from 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. By agreeing to these Terms, you expressly waive any protections (whether statutory or otherwise) 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.
OV does not assume responsibility to verify the age of individuals submitting registration forms. However, OV reserves the right to request supporting information to verify the age of any individual submitting a registration form.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time the App may include links to third party websites. These links are provided for your convenience to offer you further information on products and services. We have no responsibility for the content of the linked website(s). Unless expressly stated otherwise on this App, OV does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third-party web sites to which this App may provide a link or may put you in contact with. By using this App you acknowledge and agree that OV will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, Product and/or Service, calculation, information, products or materials.
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on the App at the time you access the App. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, Services, and materials on or available through the App are subject to updating, cancellation and/or revision without notice to you. OV reserves the exclusive right to change pricing, at any time, with prior notice. These Terms and Conditions were last revised on October 1, 2018. Any amendment to or waiver of our Terms requires our express consent.
You understand and acknowledge that OV controls and operates the App from within the United States of America. This App provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on the App will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of the App. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.
USER IDs AND PASSWORDS
Certain areas or features of the App may be restricted to users who have obtained a user identification and password by completing a registration process described on this App. Additionally, in order to receive information from third parties regarding the Products and Services, you will be required to complete the registration process. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify OV immediately if you believe your user identification, password, or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of the App by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of the App that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of the App employ technologies to secure your data and the transmissions between you and OV, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to provide you with Services and to provide you with additional information from third parties regarding the Products and Services. If you choose not to provide such required information, we may not be able to connect you with third parties service providers or providing you with additional information.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third-party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Legal Disclosures: In some instances, we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request. By Adding this card, you acknowledge that your card information will be encrypted and stored on your device. If your device is lost or stolen and your device passcode is compromised, it may be possible to retrieve your encrypted card data. You are responsible for protecting your device and maintaining a passcode that no one else knows.
Usage Data: Our App tracks usage data, including, for example, IP address, browser type and version, which pages are viewed, which page, if any, linked a visitor to our App, and which link, if any, a visitor follows off our App. We use this data in the aggregate and on an individual level to better understand App activity to improve our offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized App experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. In no event will we sell or provide your data to any third party, except as may be otherwise provided by law or court order. If you do not want to receive these offers or promotions, you may opt-out by sending an e-mail to firstname.lastname@example.org
COPPA. Our App is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children.
If you make any unauthorized use of the App or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to OV and/or its App. You agree to indemnify OV and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this App, your registration and/or your breach/violation of or failure to comply with the Terms and Conditions.
THIRD PARTY PURCHASES
If you wish to purchase any Products or Services through affiliated or unaffiliated third parties, you may be purchasing such Products or Services directly through such third party and not through OV, and must contact such third party with any issue, question, rebate, refund, customer service or inquiry. OV may connect you with a third party offering the Products or Services that you require, but in no way services or handles any such transaction.
Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. The third party offering the Products or Services reserves the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service, to impose conditions on any coupon or promotional code and to refuse any order in their sole discretion. If your product from such third party arrives damaged or defective, you must contact the third party provider to inquire into their refund or exchange policy. OV is in no way responsible for the quality or condition of the Products or Services that you purchase through such unaffiliated third party. For more information regarding a return policy, contact your Products or Services Provider at the number they furnished at the time of purchase.
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH OUR APP COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. OV HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THE APP.
YOU ACKNOWLEDGE AND AGREE THAT OV IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE APP OR THEIR OPERATION, OR WITH ANY PRODUCT OR SERVICE ORDERED THROUGH THE APP, OR WITH THE HANDLING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THE APP, OV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OV MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THE APP WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THE APP WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT OV, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THE APP.
OV NOT LIABLE
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL OV BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE APP OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THE APP, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THE APP. YOU AGREE THAT OV SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OV’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THE APP.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through the App, instant messenger chat or via e-mail, do not use the App, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on the App, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us.
E-Signature: General communications through the App, instant messenger, chat, or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you.
Recording & Monitoring of Communications: Your communications or third-party companies you engage with us via the App, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same.
Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to OV. The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law.
Negligent Misstatement: OV disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail or furnished by third parties and OV makes no warranties, express or implied, with respect to such data or information.
Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from OV, you may opt-out by sending an e-mail to email@example.com
Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. OV is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If OV forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than OV or our Team Members for which OV assumes no liability whatsoever. OV DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with OV’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
You acknowledge that certain features of the App, as well other Services of OV, including those that may be available through the App, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers.
Permission to Be Contacted: By submitting information to OV through the App or otherwise, you are making an inquiry as to products or Services offered by OV, and give OV permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list.
Reasonable Efforts: OV is not responsible for delays resulting from third parties.
All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions.
Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us regarding OV and our Services and supersede any prior agreements.
OV Loop GIFT MASTERCARD® CARDHOLDER AGREEMENT
Important: Please read this Agreement carefully and keep it for your records. If you give this OV Loop Gift MasterCard® to another person, you should also give that person this Agreement.
This OV Loop Gift MasterCard® Cardholder Agreement (“Agreement”) sets forth the terms of your OV Loop Gift MasterCard (“Card”). The Card is issued by Sunrise Banks N.A., St. Paul, MN 55103, Member FDIC pursuant to a license from MasterCard International Incorporated.
In this Agreement, the words
- “you” and “your” mean the person who purchased the Card and/or the person who is using the Card.
- “We”, “us”, “our” and “the Bank” mean Sunrise Banks, of Saint Paul, Minnesota, the issuer of the 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.
- “Card” means the OV Loop Gift MasterCard that is issued to you by us.
- “PIN” means personal identification number.
Agreement to Terms. By using the Card, you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, do not use the Card, save your receipt, and call us at 1-877-737-7297 to cancel your Card and request a refund. You agree to sign the back of the Card immediately upon receipt. You should always keep a record of your Card number and the customer service phone number provided herein in case of loss or theft of your Card. We will not be able to assist you if your Card is lost or stolen unless you have your Card number.
Card Description. The Card is a prepaid card loaded with a specific amount of U.S. dollars intended for gifting purposes. This Card is not a credit card or charge card that allows you to make purchases and pay later and using the Card will not affect your credit history. The Card is not connected in any way to any other account. You will not receive any interest on the funds on your Card. The Card will remain the property of the Bank and must be surrendered upon demand. The Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by law. Unless your Card has been registered with us, the funds on your Card will NOT be insured by the FDIC or any other federal or state agency. You may register your Card by calling 1-877-737-7297 providing us your name, address and Card number. Registering your Card will provide the additional security information that may be required to allow you to use your Card for internet, mail and phone order purchases as well as requesting a replacement Card if your Card is lost or stolen.
PIN: A PIN is a four-digit code that may be used to make purchase transactions instead of signing for your transaction. You will be required to set your PIN during the card activation process. Some merchants may require you to make purchases using a PIN rather than your signature. Please call 1-877-737-7297 to set your PIN. Only one (1) PIN will be issued for your Card. To prevent unauthorized access to your Card balance, you agree to keep your PIN confidential. We recommend that you memorize your PIN and do not write it down. If you need to reset a forgotten PIN, please call 1-877-737-7297.
Using Your Card. Your Card may be used at merchants within the United States that accept MasterCard for Signature Purchases debit cards for purchases of goods and services (including internet, mail and phone order purchases), subject to the limitations in this Agreement. If you make a purchase without presenting your Card (such as for internet, mail or phone order purchases), the legal effect will be the same as if you used the Card itself. If you do not have enough funds available on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called “split transactions,” and some merchants do not permit them.
You may not use your Card to obtain cash at ATMs or at merchants that have agreed to provide cash back at the point-of-sale (“POS”). You cannot reload the Card or transfer Card value to other payment devices. You agree that you will: (i) not use the Card at gambling websites or for any illegal transactions; (ii) promptly notify us of any loss or theft of the Card or unauthorized transactions; (iii) not use the Card for business purposes; and (iv) 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. The Card itself may not be returned to any merchant for a refund or redeemed for cash, except where required by applicable law. You are responsible for all transactions initiated and fees incurred by use of your Card. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions incurred by those persons. You may not request an additional Card for another person. For security reasons, we may limit the number or amount of transactions you can make with the Card. You do not have the right to stop payment on any purchase or payment transactions that you originate through the use of the Card. You may not make preauthorized regular payments from your Card.
Merchant Authorization Holds. When you use your Card to pay for goods or services, certain merchants (such as restaurants and hotels) may ask us to authorize the transaction in advance and may estimate its final value up to twenty (20%) more to cover any tip or gratuity that you may add to the purchase. If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $150.00 or more. If the transaction is not approved, you will need to go inside to pay the cashier prior to pumping. When we preauthorize a transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s funds for the amount indicated by the merchant (which may be more than the final settled transaction amount). We also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an “authorization” or “hold” on your available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, however, and will release the hold on any excess amount when the transaction finally settles.
Available Balance. Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees, taxes or other charges assessed by the merchant. Transactions that exceed the remaining balance on your Card are prohibited and should be declined at the point of sale. If, notwithstanding an insufficient balance, an authorization is received by the merchant or the merchant uses other means to proceed with the transaction, then you agree to reimburse us for any amount in excess of the Card balance for such a transaction.
Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card and pursuant to the refund policy of the merchants where such goods or services were purchased. If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. 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 your 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.
Card Fees. The following fees apply to your Card, except where prohibited or modified by applicable law:
Purchase Fee. This is a one-time initial fee that must be paid by the purchaser at the time of purchase. The one-time fee is $4.95.
Inactivity Fee. This is a fee that will be deducted from your Card balance monthly after each 12-month period of inactivity or non-use of your Card. An imposition of a fee or an adjustment due to an error or reversal for a prior transaction does not constitute activity.The inactivity fee is $4.95, per month.
Card Replacement Fee. This is a fee that will be deducted from your Card balance if you request a replacement Card prior to the expiration date of your Card. The Card Replacement fee is $4.95.
Receipts. You should get a receipt from the merchant at the time you make a transaction using your Card. Please note there are some merchants that choose not to provide a receipt if the amount of the transaction is $15 or less.
Card Balance and Transaction History. You are responsible for keep track of the available balance on your Card. Merchants generally will not be able to determine your available balance. For pre-denominated Cards, the maximum value of your Card is identified on the front of the Card. You can also obtain information about the current available balance on your Card and your recent transactions at no charge by calling 1-877-737-7297 or using the OV Loop mobile app.
You are not allowed to make foreign currency transactions with your Card.
Change in Terms. We may, to the extent permitted by applicable law, amend the terms and conditions of this Agreement (or add additional terms) at any time by posting the amended terms on our website, www.OV Loop.io and any such amendment shall be effective upon such posting to the website. However, if the change is made for security purposes, we can implement such change immediately, without prior notice to you and before such change may be posted to the website. The most up-to-date Agreement may always be found at www.OV Loop.io.
Suspension and Termination. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card or may suspend or terminate Card privileges with or without cause or notice, other than as required by applicable law. You may terminate this Agreement by returning the Card to us. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Termination of your Card privileges will not otherwise affect your rights and obligations arising under this Agreement prior to termination. If your Card privileges are suspended or terminated through no fault of yours, you may request a refund of any remaining balance on your Card by calling us at 1-877-737-7297 or writing to us at Customer Service Department, PO Box 700172, San Antonio, TX 78270-172 and providing us with your name, address and Card number.
Card Expiration. The Card has an expiration date printed on its face, which is for fraud prevention and security purposes. You cannot use your Card after the expiration date, but you can order a replacement Card. Expiration of your Card does NOT result in the expiration of your Card’s remaining value. Your Card’s remaining value never expires. If available funds remain on your Card after the expiration date, simply contact us at 1-877-737-7297 to order a replacement Card loaded with the remaining value. There are no fees associated with ordering a replacement Card if your Card has expired. We reserve the right to decline to issue you a replacement Card in accordance with applicable law.
Information Given to Third Parties. We may collect and disclose information (including personally identifiable information) to third parties about you, your Card and the transactions related to your Card (“Cardholder Information”).
They types of information we may collect includes: (i) Information about purchases made with the Card, such as date of purchase, amount and place of purchase; (ii) Information you provide to us when you apply for a Card or for replacement Cards, when you register your card, or when you contact us with customer service issues, such as name, address, and phone number. The types of information we may disclose include: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court order; (iv) if you give us your written consent; (v) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on the Card; and (viii) as otherwise permitted by law. Information Security: Only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.
No Warranty of Availability or Uninterrupted Use. From time to time, services related to the Card may be inoperative. When this happens, you may be unable to use your Card or obtain information about your Card. Please notify us if you have any problems using your Card. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.
Lost or Stolen Card. You agree to safeguard your Card against loss or theft by taking all reasonable precautions. If your Card has been lost or stolen, you agree to notify us IMMEDIATELY at 1-877-737-7297. When you notify us, you must provide your name, Card number and other identifying details. We cannot assist you if you do not have the Card number. We will cancel your Card, and if our records show that available funds remain on your Card, we will issue you a replacement Card loaded with the remaining value. There may be a fee associated with ordering a replacement Card (see Card Fees above). We reserve the right to decline to issue you a replacement Card in accordance with applicable law. It may take up to thirty (30) days to process a request for a replacement, however, we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.
Additional Limits on Liability Under Card Network Rules. Under MasterCard Rules, you will not be liable for any unauthorized transactions using your Card Account for point-of-sale transactions if (i) you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft, (ii) you have not reported to us two (2) or more incidents of unauthorized use within the prior twelve-month period, and (iii) your Card Account is otherwise in good standing. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by MasterCard. You must notify us within 2 days after the electronic statement was made available to you showing unauthorized transaction(s) in order to take advantage of any such limited liability provisions.
Unauthorized Transactions or Errors. You agree to safeguard your Card against unauthorized use by taking all reasonable precautions. If you believe that someone has made an unauthorized transaction with your Card (or may attempt to use your Card without permission) or you believe an error has occurred with your Card, you agree to notify us IMMEDIATELY at 1-877-737-7297 and in no event later than thirty (30) days of the date of the transaction at issue. When you notify us, you must provide your name, Card number and other identifying details, and describe the error or transaction that you are unsure about. We cannot assist you if you do not have the Card number. In the event of actual or suspected unauthorized use, we will cancel your Card, and if our records show that available funds remain on your Card, we will issue you a replacement Card loaded with the remaining value. There may be a fee associated with ordering a replacement Card (see Card Fees above). We reserve the right to decline to issue you a replacement Card in accordance with applicable law. You agree to assist us in determining the facts relating to any possible unauthorized use or error associated with your Card, and to comply with the procedures we may require for our investigation. Following our investigation, if we determine that unauthorized use or an error has occurred with your Card, we will credit your Card in the amount of the unauthorized use or error. It may take up to thirty (30) days to process a request for a replacement, however, we will endeavor to provide you with a replacement Card on as timely a basis as is reasonable under the circumstances.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability. If we do not complete a transaction to or from your Card 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 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 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 has been reported as lost or stolen, if your Card has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
As otherwise provided in this Agreement.
IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
Questions. OV Loop Gift MasterCard 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 1-877-737-7297 or write Customer Service Department, PO Box 700172, San Antonio, TX 78270 or visit www.OV Loop.io
(1) contact you by mail, telephone, email, fax, recorded message, text message or personal visit;
(2) contact you by using an automated dialing or similar device (“Autodialer”);
(3) contact you at your home and at your place of employment;
(4) contact you on your mobile telephone;
(5) contact you at any time, including weekends and holidays;
(6) contact you with any frequency;
(7) leave prerecorded and other messages on your answering machine/service and with others; and
(8) 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, we may contact you at this number using an Autodialer and can also leave prerecorded and other messages.
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.
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 Card and whether or not a 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 and also your heirs, guardian, personal representative, or trustee in bankruptcy. The terms “we,” “our,” and “us” mean the Bank and include employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns the Bank as well as the marketing, servicing, and collection representatives and agents of either or both.
How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: the American Arbitration Association (“AAA”) or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
American Arbitration Association JAMS, The Resolution Experts
1633 Broadway, 10th Floor 1920 Main Street, Suite 300
New York, NY 10019 Irvine, CA 92614
Web site: www.adr.org Web site: www.jamsadr.com
Telephone (800) 778-7879 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. Notwithstanding the foregoing, this Agreement shall be binding on you and your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.
Miscellaneous Provisions: When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. 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 Card. 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.
Image Card Guidelines: Our current image upload guidelines restrict the use of certain types of images. We reserve the right to approve or deny any image at our sole discretion. Your customized card remains the property of Sunrise Banks and you agree to immediately return it or destroy it, if asked, or if the card or accounts that the customized card belongs to is cancelled or closed.
You warrant to Sunrise Banks and FiCentive, Inc, that:
You are the owner of the image (e.g. it is a photo taken by you) or you have obtained express consent from the image’s owner to use the image on your card; and use of the image by Sunrise Banks will not infringe any other person’s rights, including intellectual property rights, in the image. Sunrise Banks may require evidence of the image owner’s consent or of your ownership of the image.
Images must not contain, infer or portray:
Sexual/provocative/obscene/profane/vulgar subject matter of any nature;
Partial or full nudity;
Political subject matter of any nature;
Offensive racial/prejudicial/religious subject matter of any nature;
Advertising or self-promotion (e.g. business card) of any nature*;
Copyrighted material of any nature*;
Branded products/services, including abbreviations, acronyms and/or symbols of any nature*;
Solicitations, including telephone numbers or services of any nature (e.g., 900 or 800 numbers URLs);
Celebrities/musicians/athletes/entertainers/public figures/cartoon characters, etc., of any nature*;
Affiliation with groups that are determined to be of a “socially unacceptable” nature, including scenes, names or symbols, or illegal or anti-social behavior;
Depiction of violent acts or death imagery;
Depiction of alcohol, tobacco, drugs or firearms;
Depiction or reproduction of currency;
Anything that interferes or may interfere with the required security features of the card;
Subject matter of any nature that might result in card acceptance confusion or non-acceptance by merchants;
Subject matter of any nature that might result in card fraud;
Reference to any MasterCard®, Visa®, or Discover® card brand sponsored properties/events*;
Competitive card brand or institution marks or names;
Any graphic design element that might reflect poorly on or might engender hostility toward or might cause derision of or might bring into disrepute the MasterCard®, Visa®, or Discover® card brands;
Any graphic design element that might reflect poorly on or might engender hostility toward or might cause derision of or might bring into disrepute the Card Issuing Institution or associated organizations/businesses;
Also take into account any applicable local laws, regulations, or cultural sensitivities and customs in the target market where the card will be used.
*NOTE: The foregoing shall not apply to the use of any company image, copyrighted material, branded products/services, including abbreviations, acronyms and/or symbols of any nature, trademarks, personalities or names to the extent legally owned by or licensed to the cardholder.
You grant to Sunrise Banks or have obtained from the image owner the grant to a perpetual, non-transferable, non-exclusive, royalty-free, world-wide, irrevocable license to use the image and the data you provide to Sunrise Banks for the purpose of providing your customized card to you.
You consent (or you will obtain consent from the image’s owner) to Sunrise Banks storing, modifying, copying or using the image. Sunrise Banks may also require evidence of this consent.
All copyright and intellectual property rights in the customized card program vest in Sunrise Banks (excluding the image), and your participation in the program does not result in the transfer or license any of the (Issuer’s name or its third party supplier(s)’ intellectual property rights to you unless otherwise expressly stated in your cardholder agreement. You will not reproduce any of Sunrise Banks’s or its third party suppliers intellectual property (without express consent).
You agree that you have read and understood the Image Area Guidelines, and that you will only submit images that comply with the Image Area Guidelines.
You warrant that, as far as you are aware, the image does not contain any computer viruses.
You indemnify MasterCard and Sunrise Banks against any claims arising or loss suffered by Sunrise Banks and/or MasterCard as a result of the image being used on your customized card and reproduced on your card, or in respect of Sunrise Banks storing, modifying, copying or using the image.
Customer Service. For all customer service information regarding the Card, please contact:
support@OVLoop.com or 1-877-737-7297
This Agreement is effective June 30, 2015.
for Sunrise Banks, N.A. Card Issuer of the OV Loop GIFT MASTERCARD®
|Facts||What does Sunrise Banks, N.A. do with your Personal Information?|
|Why?||Financial Companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information that we collect, and share depend on the product or service you have with us. This can include: Social Security Number and Date of Birth Address of Residence and Government Issued Identification Transaction History. When you are no longer our customer, we continue to share your information as described in this notice.|
|How?||All Financial Companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons Financial Companies can share their customers’ personal information; the reasons Sunrise Banks, N.A. chooses to share; and whether you can limit the sharing.|
|Reasons we can share your personal information||Does Sunrise Bank N.A. Share||Can you limit this sharing?|
|For our everyday business purposes – such as: to process your transaction, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus.||Yes||No|
|For our marketing purposes – to offer our products and services to you.|
|For joint marketing with other financial companies.|
|For our affiliates’ everyday business purposes – information about your transactions and experiences.|
|For our affiliates’ everyday business purposes- information about your creditworthiness.|
|No||We don’t share|
|For our affiliates to market to you.|
|No||We don’t share|
|For non-affiliates to market to you.|
|No||We don’t share|
|Who is providing this notice?||Sunrise Bank, N.A.|
|How does Sunrise Banks, N.A. protect my personal information?|
|To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards, secured files and buildings.|
|How does Sunrise Banks, N.A. collect my personal information?|
|We collect personal information, for example, when you Open a Card Account or use your card Pay your bills or make a purchase Give us your contact information We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.|
|Why can’t I limit all sharing?|
Federal law gives you the right to limit only: · Sharing for affiliates everyday business purposes- information about your creditworthiness, · Affiliates from using your information to market to you, · Sharing for non-affiliates to market to you. State laws and individual companies may give you additional rights to limit sharing.
|Affiliates||Companies related by common ownership or control. They can be financial and nonfinancial companies. Our affiliates include financial companies such as University Financial Corp. dba Sunrise Banks.|
|Non Affiliates||Companies not related by common ownership or control. They can be financial or nonfinancial companies. Sunrise Banks, N.A. does not share with nonaffiliates so they can market to you.|
|Joint Marketing||A formal agreement between nonaffiliated financial companies that together market financial products or services to you.|
Our joint marketing partners include prepaid card companies.
This Online Service E-Sign Disclosure and Consent (“Disclosure”), applies to all Communications for those products and services offered through the Online Service that are not otherwise governed by the terms.
The words “we,” “us,” and “our” refer to Ficentive, Inc. with whom you have your Account, the words “you” and “your” mean you, the individual(s) or entity identified of the Account(s). As used in this Disclosure, “Account” means the account you have with us. “Communication” means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.
- Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:
- Notices or disclosures about a change in the terms of your Account or associated payment features and responses to claims
- Privacy policies and notices
- Method of Providing Communications to You in Electronic Form. All communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.
- How to Withdraw Consent. You may withdraw consent to receive Communications in electronic form by e-mailing us at firstname.lastname@example.org. At your option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications; however. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.
- How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) by sending an e-mail to email@example.com.
- Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:
- An Internet browser that supports 128 bit encryption;
- Sufficient electronic storage capacity on your computer’s hard drive or other data storage unit;
- An e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;
- A personal computer (for PC’s: Pentium 120 MHz or higher; for Macintosh, PowerMac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.
- Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy please contact us at firstname.lastname@example.org. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. Please refer to your Cardholder Agreement or Cardholder Terms and Conditions for any applicable fees. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
- Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.
- Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
- Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
- Consent. By selecting “Accept” or checking the appropriate box you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.
The featured words and symbols used to identify the source of goods and services may be the trademarks of their respective owners.
Effective as of May 12, 2016
© 2018 OV Loop, Inc. All rights reserved.