Online and Mobile Banking Agreement Usbank
Online and Mobile Banking Agreement Usbank
Online and Mobile Banking Agreement Usbank
GENERAL TERMS
This Agreement is revised periodically and it may include changes from earlier versions. By accessing your
prepaid account and engaging in other Online Services, you agree to the most recent version of this Agreement,
which is available to you online at www.usbankreliacard.com. This Agreement provides the terms and conditions that
apply to your use of the various Online Services and is in addition to other prepaid account agreements and disclosures. For example,
if you view your prepaid account statements online, the terms and conditions of your prepaid account agreement do not change
and continue to apply. If, however, there is a conflict between this Agreement and the terms and conditions of any disclosures or
agreements between you and us that specifically address Online Services, this Agreement will control in resolving any inconsistencies
between this Agreement and the terms in such other disclosure or agreement that also address Online Services.
DEFINITIONS
The following definitions apply in this Agreement except to the extent any term is separately defined elsewhere in this Agreement. The
words “we,” “our,” and “us” mean U.S. Bank National Association, its affiliates, successors, and assigns (“U.S. Bank”).
The words “you” and “your” mean each prepaid account owner and anyone else with access to the prepaid account to perform the
transactions or receive the services covered by this Agreement. If there is more than one owner, then these words mean each prepaid
account owner separately, and all prepaid account owners jointly.
“Service Providers” means U.S. Bank, its affiliates, any processor or other third party that we have engaged to provide remittance
capabilities, equipment, or other services in connection with any Online Service. This includes any agent, independent contractor, or
subcontractor of any of the foregoing. You agree that we have the right under this Agreement to delegate to Service Providers all of the
rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries
of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
DATA SYNCHRONIZATION
We make every effort to ensure that your use of any of the Online Services is synchronized between the various access methods.
There are some rare instances, however, where the information available through the Online Services may be delayed or different from
the information that is available within the various Online Services access methods or through customer service. Additionally, some
information available through customer service may not be immediately available via Online Services, or it may be described using
different terminology. In the event of any discrepancies, the prepaid account information provided through customer service controls.
You agree that neither we nor our Service Providers will be liable for any errors or delays in the content provided through the Online
Services, or for any actions taken in reliance thereon.
SECURITY; YOUR ROLE IN PROTECTING YOUR ID AND PASSWORD
Security
As a U.S. Bank customer engaging in Online Services, you have chosen a personal ID and password which allows you access to
Online Services. Information you provide in connection with Online Services will be stored on secure servers and protected by
advanced encryption techniques. These commercially reasonable security measures are intended to keep your important information
secure and to prevent unauthorized access. Effective security, however, is partly contingent upon your responsible behavior in
protecting your personal ID and password for Online Services. Please use maximum caution in protecting your personal ID and
password.
If you give anyone access to your personal ID and password, you agree that each person will be acting as your
agent and on your behalf and will be bound by this Agreement and any separate agreement governing your
prepaid account. Any arrangements between you and such other person are strictly between you, and we are
not liable for such other person’s access or actions. We may rely and act on all instructions received via our web
sites using your personal ID and password, and all transactions performed, even if not intended by you, are
considered transactions authorized by you. You agree that any transaction that would otherwise require two or
more signatures will not apply to Online Services.
For additional information about unauthorized transactions, please see your cardholder agreement.
YOUR RESPONSIBILITY
Providing Personal Information
Your enrollment in Online Services may not be fulfilled if we cannot verify your identity or other necessary information. You agree to
provide accurate and complete information about yourself and you agree not to misrepresent your identity. It is your sole responsibility,
and you agree, to ensure that the contact information in your user profile is current and accurate. This includes, but is not limited to,
name, address, phone numbers and email addresses. Changes can be made online or by calling us at a number listed on the back
of your prepaid card. All changes made are effective immediately. We are not responsible for any payment processing errors or fees
incurred if you do not provide accurate prepaid account or contact information.
No Illegal Use
You may use Online Services (including U.S. Bank web sites and mobile applications) for lawful purposes only. You agree not to use
any Online Service to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual
provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with Online
Services. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law.
Equipment
You are responsible for and must provide all telephones, mobile devices, computers, and/or other equipment, software (other than
any software provided by us), and services necessary to access Online Services. If using a computer, you will need Adobe Acrobat
Reader version 7.0 (or higher) to view, print and/or save your online statements and legal notices. The latest version of Adobe Reader
is available for free at www.adobe.com.
CELLULAR PHONE CONTACT POLICY
By providing us with any telephone number used for a mobile or other wireless device now or in the future,
including a number that you later convert to a cell phone number, you are expressly consenting to receiving
communications - including but not limited to prerecorded or artificial voice message calls, text messages, and
calls made by an automatic telephone dialing system - from us and our affiliates and agents regardless of the
purpose of the communication. Calls and messages may incur access fees from your cellular provider.
PRIVACY
Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law.
All information gathered from you in connection with using Online Services will be governed by the provisions of the U.S. Bank
Privacy Policy, including the Consumer Privacy Pledge and the Online Privacy and Security Policy, which are available online at
www.usbank.com/privacy. Personal information about you will be used for the purpose of engaging in Online Services as well as for
U.S. Bank’s internal purposes (i.e., aggregate demographic analyses, internal marketing studies and statistical analyses). Unless you
exercise the option to prohibit sharing information within the U.S. Bank family or with our financial partners as described in the
U.S. Bank Privacy Policy, personal information about you may be used to determine your eligibility for financial products and services
that may be offered by U.S. Bank, its affiliates and financial partners. We may also disclose information to third parties about your
prepaid account or the transactions you make in accordance with the law as outlined in the U.S. Bank Privacy Policy.
Subject to your compliance with this Agreement, you are hereby granted a personal limited license (“License”) to download, install
and use the mobile banking application software (“Software”) on your mobile device within the United States and its territories. You
are permitted to use content delivered to you through the Software for personal use only and you may not copy, reproduce, distribute,
or create derivative works from this content for any other purpose. Further, you agree not to reverse engineer or reverse compile any
aspect of the Software.
MOBILE BANKING SOFTWARE LICENSE (cont.)
This License shall be deemed revoked immediately upon:
• The termination of your enrollment in Online Services in accordance with this Agreement;
• Your deletion of the Software from your mobile device;
• Your noncompliance with this Agreement; or
• Notice to you at any time, with or without cause.
In the event this License is revoked for any of the foregoing reasons, you agree to promptly delete the Software from your mobile
device if you have not already done so.
This License does not amend or supersede any agreements you may have with your mobile service carrier or provider. You understand
that those agreements may provide for fees, limitations and other restrictions which might impact your use of the Software (for
example, your mobile service carrier or provider may impose data usage or text message charges for downloading the Software,
receiving or sending mobile banking text messages, or other use of your mobile device when using the Software), and you agree to be
solely responsible for all such fees, limitations and restrictions. You agree that your mobile service carrier or provider is responsible
for its products and services and it is responsible for the operation, security, functionality or availability of any mobile device or mobile
network which you utilize to access the Software.
All matters concerning other web sites, merchandise and services provided or operated by third parties are solely between you and the
third party. We make no warranties or representations whatsoever with regard to any third party’s websites, merchandise, or services.
U.S. BANK IS NOT RESPONSIBLE OR LIABLE TO YOU FOR ANY DAMAGES, LOSSES OR INJURIES OF ANY KIND ARISING OUT
OF YOUR USE OF ANY THIRD PARTY’S WEB SITES AND THE MERCHANDISE AND SERVICES AVAILABLE ON THEM, OR ANY
REFERENCE TO OR RELIANCE ON INFORMATION CONTAINED THEREIN. YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED
BY THE THIRD PARTIES’ AGREEMENTS AND POLICIES RELATING TO THE USE OF THEIR SERVICES.
The trademarks, logos, and service marks displayed in connection with Online Services are the registered and unregistered
trademarks of U.S. Bank and/or its Service Providers. Under no circumstances may you use, copy, imitate, alter, modify or
change these trademarks. Nothing contained on, in or otherwise connected with any Online Service should be construed as
granting (by implication or otherwise) any license or right to use any trademark without the express written permission of
U.S. Bank or the third party, which has rights to such trademark, as appropriate.
All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may
send to us through or regarding any Online Service (including but not limited to the U.S. Bank web sites) shall be considered an
uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such
materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-
free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display,
create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now
known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that
you have the right to make these warranties and transfers of rights.
EXPORT CONTROL
You acknowledge that your use of Online Services is subject to the United States government export control laws and regulations,
which may restrict or prohibit the use, export, re-export, or transfer of Online Service and any associate software. You agree that you
will not directly or indirectly use, export, re-export, or transfer any Online Services except in compliance with applicable U.S. export
laws and regulations. Without limitation, you agree that you will not use Online Services in any embargoed or sanctioned country such
as Cuba, Iran, North Korea, Sudan, and Syria.
All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions
related to intellectual property, warranty disclaimers, limitations of liability, indemnification and miscellaneous provisions.
NO WARRANTIES
Neither U.S. Bank nor any of its subsidiaries or affiliates represents or warrants the accuracy, adequacy, completeness or timeliness
of Online Services, including but not limited to the information, materials, products and services on our web sites or the error free use
of our web sites. All Online Services, including but not limited to our web sites and all information, materials, products and services
provided through our web sites, are provided “As Is” and “As Available” without warranty of any kind, either express or implied,
including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from a
computer virus.
In the event of a system failure or interruption, your data may be lost or destroyed. Any transactions that you initiated or were in the
process of completing or completed before a system failure or interruption should be verified by you through means other than Online
Services to ensure the accuracy and completeness of those transactions. You assume the risk of loss of your data during any system
failure or interruption and the responsibility to verify the accuracy and completeness of any transactions so affected.
You agree to indemnify, defend and hold U.S. Bank and its affiliates, officers, directors, employees, consultants, agents, other Service
Providers and licensors harmless from any and all third party claims, actions, liability, damages and/or costs (including but not limited
to reasonable attorneys fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation
based on information, data, files or other materials submitted by you to or through any Online Service; (b) any fraud, manipulation
or other breach of this Agreement by you; (c) any third party claim, action or allegations brought against U.S. Bank arising out of
or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or
services; (d) your violation of any law or rights of a third party; or (e) your use of the provision of any Online Service or use of your
prepaid account by any third party. U.S. Bank reserves the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will cooperate with U.S. Bank in asserting any available
defenses. You will not settle any action or claims on U.S. Bank’s behalf without the prior written consent of U.S. Bank.
WAIVER
We may waive any term or provision of this Agreement at any time or from time to time. We will not be deemed to have waived any of
our rights or remedies with regard to this Agreement, unless our waiver is in writing and signed by an authorized officer of U.S. Bank
or its affiliates. No delay or omission on the part of U.S. Bank or its affiliates, or their respective successors and assigns, in exercising
any rights or remedies will operate as a waiver of those rights or remedies or any other rights or remedies. A waiver on one occasion
will not be construed as a bar or waiver of any rights or remedies on future occasions.
SEVERABILITY; HEADINGS
If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall
not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any other jurisdiction.
The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the
Agreement.
ASSIGNMENT
You may not assign this Agreement to any other party. We may assign this Agreement or delegate or transfer any or all of our rights
and responsibilities under the Agreement to any Service Provider.
GOVERNING LAW
The law governing the interpretation of this Agreement is the law specified as governing the interpretation of your cardholder
agreement.
COMPLETE AGREEMENT
This Agreement represents the sole and exclusive agreement between you and us regarding Online Services and merges and
supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.
ARBITRATION
This agreement is subject to any applicable arbitration provision contained in your cardholder agreement.
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