Effective date: 03/21/2023
This agreement (“Agreement”) between Netspend Holdings, Inc. (“Netspend”) and you governs the access to or the use of the Netspend Earned Wage Access solution, including any other products or services offered to you (each individually or collectively, as the case may be, the “Services”) and associated mobile app (the “Netspend App”). By downloading, accessing, or using the Netspend App, you acknowledge that you have read and agree to be bound by the Agreement in its entirety, any additional service agreements, and all applicable laws, rules and regulations governing your use of the Netspend App. “You” and “your” mean you, the customer who creates an account (“Netspend Account”) in the Netspend App or otherwise accesses the Services.
By using the Netspend App or by using any aspect of the Services, You acknowledge and agree that You are bound by the terms and conditions of this Agreement.
When You use the Services to obtain an electronic payment from Netspend via its service provider, as described in Section II (entitled “Assignment of Your Earned Wages”), the payment will correspond to a portion of your earned wages. Each time you conduct a transaction covered under Section II, You are assigning to the service provider designated by Netspend the intangible right to receive a portion of your earned wages.
Under this Agreement, Netspend may, at any time, change any condition, term, or provision of the Agreement, including by exercising its rights to impose any new type of fee or charge on You or to increase the cost or the price of any of the Services. Please review the “Effective Date” each time you use the Netspend App or use any of Netspend’s Services. If Netspend materially changes a provision of this Agreement, Netspend will let You know by showing the revised provision when You access the Services; if Netspend has your current email address, Netspend also shall send You an email notifying You of the revised provision of the Agreement. Netspend shall use the email address You have on file, and shall not be liable for resending any returned email so long as Netspend uses the email address on its file.
Please carefully read each of the parts of this Agreement, which contain herein or by reference:
IMPORTANT INFORMATION WILL BE PROVIDED TO YOU IN ELECTRONIC RECORDS, SUCH AS VIA EMAIL.
Your use of the Netspend App or any part of the Services with your mobile phone, tablet, or laptop represents your agreement, as well as your course of dealing, to conduct transactions and communicate with Netspend via electronic methods.
As part of your agreement with the Terms of Service, You agree to the terms and conditions of Netspend’s Privacy Notice, here: https://www.rain.us/netspend/privacy.html.
collectively the “Credentials”).
Netspend Account (“Your Primary Bank Account”). You may change Your Primary Bank Account, except to the extent that Netspend prevents or postpones the change, such as to complete a pending Electronic Payment. When You request an Electronic Payment to be made from your Netspend Account to Your Primary Bank Account, Your Bank may impose a fee for its product or service to You, and Netspend shall not be liable to You or any other person in connection with such fee or similar charge. As between You and Netspend, You shall be responsible for any act or omission made by Your Bank in
connection with your request of or Netspend’s action relating to an Electronic Payment.
You generally pay Your Fee from the amount of the Earned Wage Payment (as defined in this Part I, Section 9 below). When You request an Electronic Payment which is an “Earned Wage Payment,” Netspend will request that You pay the Fee, if applicable, as part of the Earned Wage Payment. If Netspend includes the Fee in the Earned Wage Payment and You authorize the payment of the Fee from the Earned Wage Payment (by confirming such payment on the Netspend App or otherwise), then the Electronic Payment to credit Your Primary Bank Account will be in the amount of the Earned Wage Payment, less the amount of the Fee that You pay to Netspend. For example, if You request an expedited Earned Wage Payment for the Electronic Payment and the Fee is $3.99, then the amount of the Fee will be included in the Earned Wage Payment. If You wish to have $100.00 credited to Your Primary Bank Account, then the full amount of the Earned Wage Payment will be $103.99, and You will be authorizing the Fee to be paid from the Earned Wage Payment.
The amount of any Fee that Netspend imposes, if any, when You conduct an Electronic Payment depends on the method of the payment that You select.
Netspend’s Schedule of Fees:
ACH Transfer Fee (2-5 business days)
Expedited Transfer Fee, for Electronic Payment to Your Primary Bank Account
(usually within minutes)
Up to $3.99*
*This fee is waived for an Electronic Payment made to a Skylight-branded payroll card or, to a debit card linked to a Netspend Skylight Account or linked to a Skylight All-Access Account; provided, however, that such payroll card or debit card was distributed through or associated with an employer enrolled in the Service.
The Expedited Transfer Fee may vary by employer and will be presented in the Netspend App prior to your submission of an Electronic Payment. The Expedited Transfer fee may be equal to or lower than the Fee set forth in the table above.
Tell us AT ONCE if You believe the Credentials of your Netspend Account have been stolen, or if You believe that any EFT or Electronic Payment has been made without your permission using your Credentials. You could lose all the money in Your Primary Bank Account (plus your maximum overdraft line or credit). Telephoning is the best way of keeping your possible losses down. You can call: 1-844- 985-3596 or write:
CUSTOMER SUPPORT–UNAUTHORIZED TRANSACTION ALERT
258 3rd Ave
Venice, CA 90291
If You tell us within 2 business days after You learn of the loss of your Credentials, You can lose no more than $50 if someone used your Credentials without your permission. If You do NOT tell us within 2 business days after You learn of the loss of your Credentials, or that an EFT or other Electronic Payment has been made without your permission using your Credentials, and we can prove we could have stopped someone from using your Credentials without your permission if You had told us, You could lose as much as $500.
If your statement shows EFTs that You did not make or authorize to make through your Netspend Account, tell us at once. If You do not tell us within 60 days after the statement was mailed to You or electronically sent to You, You may not get back the money You lost after the 60-day period if we can prove that we can stop someone from taking the money if You had told us in time. If a good reason (e.g., hospital stay) kept You from telling us within the required period(s), we will extend the time period(s).
“Earned Wage Payment” is defined as an Electronic Payment in an amount corresponding to Your requested earned wages, such amount including the Fee for the Electronic Payment, if any. You acknowledge and agree that each Earned Wage Payment is a payment to You from Netspend via its service provider and does not constitute any payment by Netspend (or its service provider) of wages or other benefits owed to You from any person. Netspend may, in its sole discretion, use any other
term or description for an Earned Wage Payment, such as in Netspend’s marketing or promotional materials.
As between You and Netspend, You warrant that, as of the time You request an Earned Wage Payment, that You: (i) have rights to the employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); (ii) have performed all of the work or other services necessary for your rights to the wages; (iii) shall hold Netspend harmless for any and all claims that may be made against You by any person in connection with the payment or receipt of your wages. If You request an Earned Wage Payment, You shall comply with all of the terms and conditions that Netspend, or its service provider, may impose, through any mechanism on the Netspend App or in your Netspend Account. Without limiting the scope of the preceding sentence, for each Earned Wage Payment that You request, You agree that: (a) the amount of funds to be transferred for the Earned Wage Payment may be limited to be at or below any threshold that Netspend or its service provider, each acting in its sole discretion may set; (b) all information that You provide to Netspend is accurate; and (c) You will hold Netspend harmless for any loss or damage that You may experience if Netspend or its service provider, limits the amount or timing of any Earned Wage Payment to conform with the thresholds or limits that are established for your Netspend Account. This means that if the amount or the timing of an Earned Wage Payment does not conform to the thresholds or limits that may be established for your Netspend Account, your request may be modified so that an Electronic Payment may satisfy part of your request for the Earned Wage Payment.
You have the right to receive an account statement showing transactions in your Netspend Account. You may view your Netspend Account statement by logging into your Netspend Account on the Netspend App.
Under certain circumstances, in order to protect your Netspend Account and the security and integrity of the network that uses the Netspend App or the Services, Netspend may, in its sole discretion, take
account-level or transaction-level actions. Netspend’s decision about limitations and holds may be based on confidential criteria that are essential to Netspend’s management of risk and the protection of the Netspend App or the Services, its customers, or its service providers. Netspend may use propriety fraud and risk modeling when assessing the risk associated with your Netspend Account. Netspend also may be restricted by regulation or a governmental authority from disclosing certain information to You about such decisions. Netspend shall not have any obligation to disclose to You information regarding
Netspend’s risk management or its security procedures.
You will need to resolve any issues with your Netspend Account before a limitation can be removed. Normally, this is done after You provide Netspend with the information that is requested. However, if Netspend reasonably believes a risk still exists after You have provided us that information, Netspend may take action to protect itself, its users, a third party, or You from reversals, fees, fines, penalties, legal and/or regulatory risks and any other liability.
(i) have rights to the relevant employer or other firm (such as an employment firm) to receive wages, salary, or other cash benefits due to be paid (“wages”); and (ii) have performed all of the work or other services of any kind necessary for your rights to the wages. Upon each request You make for an Earned Wage Payment, You hereby grant, assign, and transfer to Assignee any and all rights that You hold corresponding to the wages for that request.
The Services enable individuals meeting certain qualifications to use the Netspend App to request and obtain a Netspend Account, EFT services (e.g., transactions for Electronic Payments), and other financial products and services as may be offered or provided by Netspend from time to time. You affirm that You are at least 18 years of age and are fully able and competent, in accordance with applicable laws and
Netspend reserves the right to modify or discontinue the Services (or any portion of the Services), temporarily or permanently. Netspend shall notify you in advance of Netspend’s election to exercise its right to discontinue the Services. Netspend shall not be liable to You or any third party in the event that Netspend exercises its right to modify or discontinue the any portion or all of the Service.
invasive of another’s privacy;
disable or attempt to disable Netspend or its service providers’ firewalls or security software, or otherwise misuse the Services or the Netspend App; or
Netspend believes in children’s online safety and does not wish to receive information regarding any individual who is under 18 years old. Therefore, You may not post or submit any personally identifiable information of a child under 18 years old or information sufficient to locate such a child on or through the Service or the Netspend App. If You are under 18 years of age, You may not submit any information to or use the Service or the Netspend App.
As described in detail above in Part I, Section 6, Netspend may impose a Fee on You for use of the Services relating to any Electronic Payments. Under this Agreement, You shall be responsible for payment to Netspend of the applicable Fee, and your payment of the Fee shall be due at or around the time that You request or obtain the Services that are subject to the Fee, as Netspend may specify. You authorize the payment of the Fee to Netspend from the Earned Wage Payment that You obtain from Netspend as set forth on the Netspend App. You represent and warrant that You are authorized to use Your Bank and Your Primary Bank Account that You furnish for Electronic Payments for the Services. However, Netspend shall not charge You solely for use of the Netspend App or to solely access your Account through another mechanism.
Netspend will apply reasonable measures to protect the security of nonpublic personal information and other data essential for use of the Services, such as information You upload or enter when using the Netspend App. You shall protect the confidentiality and security of your Credentials, and You shall not allow any person to have access to or to use your Credentials.
Netspend is entitled (but not required) to apply security measures to protect the Services and the Content, and Netspend may block users (or IP addresses) identified or suspected as being used to access the Services (i) without authorization, (ii) for unlawful purposes or for purposes of disrupting, or (iii) in any manner that presents a risk of damaging the Services.
You shall immediately notify Netspend of any activity on the Services suspected as being for unlawful purposes including any activity liable to disrupt, gain unauthorized access to, or cause any damage to the Services.
You shall immediately notify Netspend of any security breach involving the Services of which You become aware, including any loss of nonpublic personal information and any incident where nonpublic personal information relating to You becomes available to unauthorized persons through the Services.
Everything You see, hear, or otherwise experience through this Services, including the graphics, videos, text, software, photographs, scripts, interactive features and the like (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Netspend or its service provider, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Netspend or its service provider owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Services may violate copyright, trademark, and other laws. Content on the Services is provided to You AS IS for your information and personal use only. For your personal use, You may view, copy, and print screenshots of the Service. Otherwise, the Service may not be copied, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Netspend reserves all rights not expressly granted in and to the Services and the Content. You agree not to use, copy, download, or distribute any Content other than as expressly permitted herein, including any use, copying, downloading, making derivative works from, or distribution of user submissions of third parties obtained through the Services for any commercial purposes. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application, unless Netspend first expressly permits You to do so in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by Netspend. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein, nor may You scrape or use any extraction methods to obtain any content or data from the Services.
Netspend may, in its sole discretion, permit You from time to time to submit, upload or otherwise make available to Netspend or any of its representatives or agents through the App any suggestions, feedback or recommendations regarding the Service (“Feedback”). If You provide any such Feedback, You hereby grant to Netspend and its service providers a perpetual, non-exclusive, worldwide, royalty-free, fully
paid-up, irrevocable, sublicensable and transferable license to use such Feedback for any purpose.
You warrant and represent that, when using the Services:
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” BASIS. NETSPEND AND ITS SERVICE PROVIDERS (“NETSPEND PARTIES”), APPLE, AND GOOGLE GIVE NO WARRANTY NOR MAKE ANY REPRESENTATION IN RELATION TO THE SERVICE OR THE CONTENT. THE NETSPEND PARTIES, APPLE, AND GOOGLE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW AND YOU WAIVE ANY REPRESENTATION OR WARRANTY ON THE PART OF THE NETSPEND PARTIES, APPLE AND/OR GOOGLE RELATING TO THE SERVICES OR TO THE CONTENT, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE IN CONNECTION WITH THE SERVICES, ANY SOFTWARE LICENSED OR PROVIDED TO YOU BY THE NETSPEND PARTIES, APPLE AND/OR GOOGLE OR OTHER THIRD PARTIES, INCLUDING ANY IMPLIED WARRANTIES OF AVAILABILITY OF THE SERVICES, NON-DISRUPTION, SECURITY, ACCURACY, LOSS OF DATA OR CORRUPTION OF DATA, THE USE OF REASONABLE CARE AND SKILL, QUALITY, MERCHANTABILITY, TITLE OR ENTITLEMENT, FITNESS FOR A PARTICULAR PURPOSE, ABILITY TO ACHIEVE A PARTICULAR RESULT OR FUNCTIONALITY AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE NETSPEND PARTIES, APPLE, AND GOOGLE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SERVICES OR ON ANY WEBSITES OR APPS LINKED TO THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; THAT THE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR; OR THAT THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES OR THE NETSPEND APP OR AGREEMENTS YOU ENTER WITH THIRD PARTIES SUCH AS ADVERTISERS WILL MEET YOUR EXPECTATIONS. THE NETSPEND PARTIES, APPLE, AND GOOGLE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DATA LOSS OR CORRUPTION), RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR INFORMATION STORED THEREIN,
YOU ACKNOWLEDGE THAT THE NETSPEND PARTIES, APPLE, AND GOOGLE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF GOODS OR SERVICES PROVIDED BY THIRD PARTIES OR ADVERTISERS, THE TRUTH OR ACCURACY OF ANY THIRD PARTY’S OR ADVERTISER’S CONTENT OR LISTINGS, OR THE ABILITY OF ANY THIRD PARTY OR ADVERTISER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE NETSPEND PARTIES, APPLE AND GOOGLE FROM AND AGAINST ANY CLAIM, LOSS, OBLIGATION, DEMAND, DAMAGE, COST, LIABILITY, EXPENSES, AND
ATTORNEY’S FEES ARISING TO ANY OF THE NETSPEND PARTIES, APPLE, AND GOOGLE
THE NETSPEND PARTIES, APPLE AND GOOGLE WILL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, LIABILITY OR LOSS THAT YOU MAY INCUR, OR FOR ANY OTHER UNDESIRABLE CONSEQUENCES, RESULTING FROM: (i) ANY SUSPENSION OR DISRUPTION OF THE SERVICE, INCLUDING WHERE SUCH SUSPENSION OR DISRUPTION RESULTS FROM THE NETSPEND PARTIES’ NEGLIGENCE, (ii) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (iii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, (iv) UNAUTHORIZED ACCESS TO OR USE OF NETSPEND’S OR ITS AFFILIATES’ SERVERS OR ANY AND ALL INFORMATION STORED THEREIN,
A RESULT OF YOUR USE OF ANY CONTENT, YOUR BUSINESS TRANSACTIONS OR OTHER INTERACTIONS WITH ANY THIRD PARTIES OR ADVERTISERS, WHEREIN SUCH CONTENT OR ADVERTISEMENT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NETSPEND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
breakdowns (“Force Majeure Events”). If a Force Majeure Event affecting the provision of the Service by Netspend occurs, Netspend will use reasonable efforts to notify users through the Service or through its website or by email communication.
Netspend may at any time, and in Netspend’s sole discretion, discontinue the Services or modify the Services, and such action by Netspend may adversely affect the use of the Services. Netspend shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Services. Netspend shall use reasonable efforts to notify users of the cessation of the Services or any changes that would affect your use of the Services. Netspend may give such notices through the Service or on its website or by email communications.
You acknowledge that removing the Netspend App from your mobile phone does not automatically terminate your rights to use the Services. You may, at any time, request termination of your use of the Services through the Netspend App.
Upon your request that your use of the Services be terminated:
The Service may contain links to third party websites and online services (such as apps) that are not owned or controlled by Netspend. Netspend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or online services, and You access and use these websites or online services solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators.
Netspend will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE THE NETSPEND PARTIES, APPLE, AND GOOGLE FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD- PARTY WEBSITE OR ONLINE SERVICE AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD PARTY. Accordingly, Netspend
encourages You to be aware when You leave the Service, and You should read the terms and conditions that apply to other websites You visit.
Netspend takes no responsibility for advertisements or any third party material transmitted through or posted on the Service, nor does it take any responsibility for the products or services provided by service providers with profiles or other Content accessible through the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Netspend is not liable for any loss or claim that You may have against an Advertiser.
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO RELEASE THE NETSPEND PARTIES, APPLE AND GOOGLE FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE AND YOUR TRANSACTIONS WITH ADVERTISERS OR OTHER THIRD PARTIES.
$10,000 may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is US $10,000 or more, the right to an in- person oral hearing will be determined by the Rules. The arbitrator will be bound to follow applicable federal and state laws and regulations in deciding all issues and in rendering any award. Netspend and You will be entitled to invoke the rules of discovery applicable to state court proceedings. The arbitration proceedings will be conclusive and not appealable, and any party to any award rendered in any arbitration proceeding will be entitled to have judgment entered on that award. The number of arbitrators shall be one, selected in accordance with the Rules, and the language of the arbitration will be English. Unless non-appearance arbitration is elected, the arbitration will be held in New York, New York, provided that, if You notify us in writing within 30 days after the initial notice of arbitration is delivered by a party, the arbitration may be held in Chicago, Illinois or Los Angeles, California. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration, and the arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise. Other than costs that Netspend is required to pay under the Rules, each party shall bear its own costs and expenses of the arbitration and one-half (1/2) of the fees and costs for the arbitrator, except as otherwise provided in the Rules or if the arbitrator determines the fees and costs should be borne by one of the parties. The arbitrator may not award or assess punitive damages against either party.
NETSPEND AND YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE ANY DISPUTE, INCLUDING ARBITRATION AND LITIGATION IN COURT, WILL BE CONDUCTED ONLY
INDIVIDUALLY. Neither Netspend nor You will seek to have any dispute heard as a class action, a class wide arbitration, a private attorney-general action, or any other proceeding in which either of Netspend or You act(s) or propose(s) to act as a representative for others. Netspend and You also agree that no
arbitration or other proceeding will be combined with another arbitration or proceeding without the written consent of Netspend, You, and every other party to that arbitration or proceeding.
NETSPEND– ARBITRATION OPT-OUT NOTICE
258 3rd Ave
Venice, CA 90291 EWAsupport@netspend.com
In the event of a dispute between You and Netspend, to invoke your opt-out right, You must retain a copy
of your opt-out notice, as well as proof of mailing of your opt-out notice within the prescribed period (e.g., within 60 days of the date that You first downloaded Netspend’s App).
If You elect to opt out, each of You and Netspend irrevocably (i) consents to the exclusive jurisdiction and venue of the state and federal courts in the State of Delaware in connection with any matter arising out of this Agreement, (ii) waives any objection to such jurisdiction or venue, (iii) agrees not to commence any legal proceedings related hereto except in such courts, (iv) consents to and agrees to accept service of process to vest personal jurisdiction over it in any such courts and (v) waives any right to trial by jury in any action in connection with this Agreement
Software and the transmission of applicable technical data, if any, in connection with the Service may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which You reside.
YOU ACKNOWLEGE THAT EACH OF THE NETSPEND PARTIES IS AN INTENDED THIRD PARTY BENEFICIARY OF YOUR RELEASES, WAIVERS AND COVENANTS GIVEN IN THIS AGREEMENT, AND THAT APPLE AND GOOGLE ARE INTENDED THIRD PARTY BENEFICIARIES OF YOUR RELEASES, WAIVERS AND CONVENANTS IN THE APPLE REQUIRED TERMS AND IN THE ADDITIONAL TERMS REQUIRED BY GOOGLE, INC.,
RESPECTIVELY. SUBJECT TO THE FOREGOING, NOTHING IN THIS AGREEMENT IS INTENDED TO CONFER ANY RIGHT, REMEDY, CAUSE OF ACTION OR LIABILITY ON ANY PERSON OTHER THAN NETSPEND AND ITS SUCCESSORS AND ASSIGNS AND YOU.
Neither Netspend nor Assignee is your employer for any purpose, including for any purpose of an employment relationship covered by any labor law, common law of employment, or tax law. Neither Netspend nor Assignee acts as an agent of your employer in making any Electronic Payment to You. Netspend does not act as an agent, a party to any joint venture, or as alter ego of your employer in any respect. Each Electronic Payment to You represents only a payment made in exchange for your intangible right to receive payments from your employer.
law, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any
warranty will be Netspend’s sole responsibility.
“TERMS”). THE GOOGLE PLAY TERMS OF SERVICE AND GOOGLE TERMS OF SERVICE SHALL TAKE PRECEDENCE IN THAT ORDER IN THE EVENT OF A CONFLICT BETWEEN THEM, TO THE EXTENT OF SUCH CONFLICT.
(INCLUDING, BUT NOT LIMITED TO, GOOGLE INC. OR YOUR NETWORK CONNECTIVITY PROVIDER).
Netspend’s Earned Wage Access Privacy Notice (“Netspend’s Privacy Notice”) describes the treatment of personally identifiable information (sometimes defined as “nonpublic personal information”) about You when using your Netspend Account. By agreeing to the Privacy Notice and these Terms of Service, You are agreeing to all of the terms and conditions relating to the collection, use, or disclosure of personally identifiable information about You by either Netspend or by Assignee, in accordance with
As explained in further detail in the Agreement for Electronic Transactions, authorization to electronically receive any and all communications or disclosures related to your Netspend Account, including any of the Services, an Electronic Payment, and any related products and services, is a condition of the Netspend Account. If you revoke your consent to receive such communications and disclosures electronically, you understand that we will immediately close your Netspend Account, including access to the Services and the ability to make an Electronic Payment.