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Stable Cardholder Agreement

List of All Fees for STABLE Visa® Prepaid Card ("List of All Fees")

Fee	Fee Description Online/ Statement	Fee Amount	Details
Set-Up and Maintenance
Monthly Fee	Monthly Fee	$5.00	This fee will be charged on the first day of the month following card activation and monthly thereafter. This fee is waived for ABLE participants in Ohio, Oklahoma, Utah, Vermont, and West Virginia
Using your Card outside the U.S.
International Transaction Fee	International purchase Fee	$2.00	This is our fee for an international purchase. If you make a purchase in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by Visa into U.S. dollars. Visa will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. This currency conversion fee is in addition to our fee.
Other
Replacement Card	Replacement Card Fee	$5.00	This is our fee each time you request a replacement card prior to the expiration/valid thru date of your card.
Expedited Card	Expedited Shipping Fee	$30.00	This is our fee each time you request expedited shipping for a card. Your card will arrive in approximately 2-4 business days. You can choose standard delivery of your card for no shipping fee.

Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to Sunrise Banks N.A., an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event the Bank fails, if specific deposit insurance requirements are met and we have been able to verify your identity. See fdic.gov/deposit/deposits/prepaid.html for details.

No overdraft/credit feature.

Contact us by calling 1-888-364-8430 by mail at True Link Financial, Inc., PO Box 581, San Francisco CA 94104 or visit card.stableaccount.com

For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.

Cardholder Agreement

This Cardholder Agreement, including the List of All Fees, and any Privacy Notice provided to you by us (collectively referred to as this "Agreement"), sets forth the terms of your STABLE Visa® Prepaid Card. Please read it carefully and retain it for your records. Your Card is issued by Sunrise Banks, N.A., St. Paul, MN 55103, Member FDIC, pursuant to a license from Visa U.S.A., Inc.

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A CARD ACCOUNT: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who opens a card account. What this means for you: when you open a card account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents.

Definitions. In this Agreement, the words "you" and "your" means the Cardh Owner and any Administrator and Authorized User of the Card. "Card Owner" means the person who qualified for and opened the Card Account and owns the funds in the Card Account. "Administrator" means the person authorized by the Card Owner to receive information about the Card Account and to personalize spending actions using the True Link Financial Protection Software Service (governed by the True Link Financial Protection Software Services Agreement”). "Authorized User" means any person issued a Secondary Card at the request of the Cardholder and/or authorized by the Cardholder to use the Card. "We", "us", "our" and "The Bank" means both Sunrise Banks and True Link Financial, Inc. The "Bank" and "Sunrise Banks" means the issuer of the Card. True Link Financial, Inc. is the service provider that markets and services your Card Account and the True Link Financial Protection Software Service. "Card" means the STABLE Visa Prepaid Card that is issued to you by us. "Card Account" means the custodial sub-account we maintain on your behalf to account for the transactions made with your Card, Card Number or Account Number. "Account Number" means the 11-digit number used to identify your Card Account. "Card Number" means the 16-digit number embossed on your Card. "Business days" are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered business days, even if we are open. "PIN" means personal identification number. "Access Information" means collectively your PIN, online user name, password, challenge questions, and any other security information used to access your Card Account. "STABLE Account" means the investment account available to eligible Card Owners through the Achieving a Better Life Experience Act and from which funds may be loaded to the Card.

Agreement to Terms. By activating or using your Card (see "Activating Your Card" section), you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement or do not want to use the Card, please destroy the Card at once by cutting it in half and call us at 1-888-364-8430 to cancel your Card Account. When any provision in this Agreement states that we may take certain actions, we may do so in our sole discretion. The terms of this Agreement are subject to amendment at any time in accordance with the "Change in Terms" section.

Prepaid Card. The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card Account from your STABLE Account. Your Card Account does not constitute a checking or savings account. Except as a means to access funds deposited from your STABLE Account into your Card Account, your Card is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card and may not provide the same rights to you as those available in credit card transactions. You will not receive any interest on the funds in your Card Account. Subject to applicable law, your Card Account will be insured for the benefit of the Card Owner to the maximum limit provided by the Federal Deposit Insurance Corporation provided we have been able to verify your identity. The Card will remain the property of the Bank, must be surrendered upon demand and is nontransferable.

Activating Your Card. You cannot use the Card until it has been activated. To activate a Card, call 1-888-364-8430 and follow the instructions provided. As a part of the activation, you may be required to provide your Social Security Number and date of birth. Although no credit history is required to obtain a Card, you authorize us to obtain information about you from time to time from credit reporting agencies, your employers and other third parties for our internal processes.

Administrator. The True Link Financial Protection Software Service (governed by the True Link Financial Protection Software Services Agreement) offered in connection with your STABLE Visa Prepaid Card permits you to authorize another person (“Administrator”) to obtain information about your Card Account, take certain administrative actions with respect to your Card Account and assist you in personalizing your spending actions or limitations. By way of example, and without limitation, the True Link Financial Protection Software Service permits your designated Administrator to view past Card transactions, define rules for declining certain types of future Card transactions, receive alerts about transactions initiated with your Card, dispute transactions, initiate action to close your Card Account and transfer out the funds, order an additional or replacement Card, arrange for the deposit of your funds to your Card Account, initiate bill payment if a bill payment service is available, and generally administer your Card Account. We do not monitor the activities of any Administrator and cannot verify the intentions or trustworthiness of your Administrator. You should not authorize an Administrator to act on your behalf unless you are willing to grant such person administration rights over your Card Account.

Liability for Acts of Administrators. If you permit another person to have access to your Card, Card Number or Account Number, or use a Secondary Card, including Administrators, you are liable for all transactions made with the Card, Card Number or Account Number, and all related fees incurred by those persons. You must notify us by calling 1-888-364-8430 or emailing [email protected] to revoke permission for any person you previously authorized to use your Card or serve as an Administrator of your Card Account. Until we have received your revocation notice and have had a reasonable time to act on it, you are responsible for all transactions and fees incurred by you or any other person you have authorized to use or access your Card or Card Account. If you tell us to revoke another person's use of your Card or access to your Card Account, we may revoke your Card and issue a new Card with a different Card Number and/or Account Number. You are wholly responsible for the use of each Card according to the terms of this Agreement.

Using Your Card. After you receive your Card, you may use it to purchase goods and services everywhere Visa debit cards are accepted. You acknowledge that because the funds in your Card Account have been transferred from your STABLE Account, the terms and conditions of your STABLE Account may apply to limit the purposes for which you may use your Card funds. Please see your STABLE Account terms and conditions for more details regarding qualified expenses and purchases. Your card cannot be used to withdraw cash. If you do not have enough funds loaded on your Card, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with other funds. These are called "split transactions," and some merchants do not permit them. Each time you use the Card to purchase goods or services, you authorize us to reduce the value available on the Card by the amount of the transaction plus applicable fees.

You agree that you will: (i) not use the Card at gambling websites or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any Access Information used to access the Card Account information or Card funds; (iv) not use the Card for business purposes; and (v) use the Card only as permitted by us. We may refuse to process any transaction that we believe violates the terms of this Agreement, is suspicious or fraudulent, or exceeds any settings you or your Administrator have established for your Card Account. Although we will use commercially reasonable efforts to decline any transactions you or your Administrator have specifically requested us to decline in your Card Account settings, we do not guarantee that we will be able to decline or prevent these transactions in all circumstances or at all merchants and we shall not be liable in the event you initiate and we authorize a transaction that exceeds your Card Account settings. By agreeing to these terms and conditions, you agree to the restrictions that you set on the Card.

PIN: A PIN is a four-digit code that may be used to make purchase transactions. Some merchants may require you to make purchases using a PIN rather than your signature. Only one (1) PIN will be issued for the Card. To prevent unauthorized access to the Card balance, you agree to keep your PIN confidential. We recommend that you memorize your PIN and do not write it down. You can call 1-888-364-8430 to reset your PIN.

Limitations on Card Usage. Use of your Card is subject to the limitations set forth below, and no transaction may exceed the value available in your Card Account. For security reasons, we may further limit the amount or number of transactions you can make with your Card on a daily or monthly basis, or in the aggregate, and we may limit the dollar amount of transactions to or from your Card Account. We may increase or decrease these limits or add additional limits from time to time in our sole discretion without prior notice to you except as required by law.

Limitation Type	Frequency and/or Dollar Limits (for typical transactions)
Card Limits
Maximum Card Account balance	$20,000.00 total
Load Limits*
Cash Loads	Not allowed
Direct Deposits/Transfers from Your STABLE Account - Daily	$5,000.00 total per day
Direct Deposits/Transfers from Your STABLE Account - Monthly	$20,000.00 total per month
Spend Limits*
Cash Withdrawals (ATM or POS)	Not allowed
Cash Withdrawal (Over the Counter or Quasi Cash)	Not allowed
Card Purchases (Signature & PIN) - daily	$5,000.00 total per day
Card Purchases (Signature & PIN) - Monthly	$20,000.00 total per month

Loading Your Card Account. You may arrange to have transfers made to your Card Account from your STABLE Account. Your STABLE Account is the only source of funds for a transfer onto your STABLE Prepaid Visa Card. You can call us at 1-888-364-8430 to find out whether or not the any transfer has been made to your Card.

ONLY TRANSFERS FROM YOUR STABLE ACCOUNT WILL BE ACCEPTED. NO OTHER LOAD TYPES ARE ALLOWED FOR THIS CARD, INCLUDING CASH LOADS AND LOADS THROUGH RETAIL LOAD NETWORKS (e.g. GreenDot, MoneyGram, Western Union, etc.).

Using Your Card for Purchases. When you use your Card Account to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, we commit to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card's funds for the amount indicated by the merchant (which may be more than the final settled transaction amount). If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. Transactions at certain merchants that authorize high dollar amounts, especially rental car companies and hotels, may cause an "authorization" or "hold" on your available balance for up to thirty (30) days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card Account for the correct amount of the final transaction, however, and will release the hold on any excess amount when the transaction finally settles.

Negative Balance. You acknowledge and agree that the value available in your Card Account is limited to the funds that have been loaded to your Card Account by you or on your behalf. Each time you initiate a Card transaction, you authorize us to reduce the funds available in your Card Account by the amount of the transaction and all associated transaction fees. You are not allowed to exceed the available balance in your Card Account through an individual transaction or a series of transactions (creating a "negative" balance). Nevertheless, if any transactions or transaction fees cause your Card Account to go negative, you agree to pay us the overdrawn amount immediately without further demand. We may deduct the overdraft amount from any current or future funds on this or any other Card Account you activate or maintain with us. If your Card Account has a zero or negative balance, we may, at our option, cancel your Card Account without notice.

Preauthorized Payments from Your Card. You may preauthorize a merchant to make recurring electronic funds transfers from your Card Account. If these regular payments may vary in amount, the person you are going to pay will tell you ten (10) days before the payment is due when it will be deducted from your Card Account value and how much it will be. If you have told us in advance to make regular, recurring payments from your Card Account, you can stop any of these payments by calling us at 1-888-364-8430, emailing us at [email protected], or writing to us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104 in time for us to receive your request at least three (3) business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card Account will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.

Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality or any other aspect of goods and services that you purchase from others with a Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.

Reversal. Point of sale transactions cannot be reversed. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

List of All Fees. We will charge you, and you agree to pay, the fees and charges set forth in the "List of All Fees". You may also log in at www.truelinkcard.com to view a complete list of fees. We generally deduct fees and charges from the Card Account at the time a fee or charge is incurred. If you request a service that is not included (see "List of All Fees" for applicable fees), if there is a fee for such service it will be disclosed at that time, and you agree that any such fee may be deducted from your Card Account.

Liability for Use of Card Funds. The Bank is not the issuer or holder of your STABLE Account and has no responsibility or liability for how you spend the money on your Card, including if funds are spent on non-qualified STABLE withdrawals that have tax or benefits eligibility implications. You are solely responsible for complying with the terms and conditions of your STABLE Account, and you agree to indemnify, defend and hold the Bank harmless against any and all losses, expenses, penalties, or fines arising from any legal action, claim, demand, or proceeding brought by any third party relating to the STABLE Account program or your use of STABLE Account funds.

Card Account Balance and Transaction History. You can obtain information about the current available balance in your Card Account at no charge by calling 1-888-364-8430. You may also obtain your balance information, along with a history of your account transactions, at no charge by logging in to your Card Account online. You also have the right to obtain a written history of account transactions by calling 1-888-364-8430 or by writing us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104.

Foreign Transactions. If you obtain your funds (or make a purchase) in a currency other than U.S. dollars, the amount deducted from your Card Account will be converted by Visa into U.S. dollars. Visa will establish a currency conversion rate for this convenience using a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date, in each instance. Fees may apply for foreign transactions (see "List of All Fees" for applicable fees).

Change in Terms. Subject to the requirements and limitations of applicable law, we may at any time add to, delete or change the terms of this Agreement without advance notice to you except as required by law. Advance notice may not be given if we need to make the change immediately in order to maintain or restore the security of your Card or Card Account or any related payment system.

Cancellation and Suspension. We reserve the right, in our sole discretion, to limit your use of the Card. We may refuse to issue a Card Account or may revoke Card Account privileges with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, contact us at 1-888-364-8430 or card.stableaccount.com. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card Account privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card Account privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement. Funds will be provided by check, made payable to the Card Owner. We may additionally offer you the option of a refund by card-to-bank transfer at our discretion.

Card Expiration/Settlement. Subject to applicable law, you may use the Card only through its expiration date, which is stated on the front of the Card. If you attempt to use the Card or add funds to your Card Account after the expiration date, the transactions may not be processed. If there is a balance remaining in your Card Account upon expiration, a new Card may be issued to you. You must activate any newly issued Card in order to access the funds in your Card Account. If we do not choose to issue a new Card to you or if we cancel your Card Account for any reason, we will attempt to refund to the Card Owner the balance remaining in your Card Account less any amounts owed to us (e.g., fees and charges). A check made payable to the Card Owner will be mailed to you at the latest postal address reflected in our records. A fee may be imposed for refunding the remaining account balance by check (see "List of All Fees" for applicable fees).

Unclaimed Property. You acknowledge and agree that we may be required by applicable law to turn over to a state government authority any funds remaining on your Card Account after a period of inactivity or dormancy. Card funds in Card Accounts will be remitted to the custody of the applicable state agency in accordance with state law, and we will have no further liability to you for such funds unless otherwise provided by law. If this occurs, we may try to locate the Card Owner at the address shown in our records, so we encourage you to keep us informed if you change your address. You may notify us of a change of address by logging in to your Card Account at card.stableaccount.com or by calling Customer Service at 1-888-364-8430.

Information Given to Third Parties. We may disclose information (including personally identifiable information) to third parties about you, the Card, your Card Account and the transactions related to the Card or Card Account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the Card or Card Account 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 the Card Account 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; (viii) in accordance with our Privacy Policy; and (ix) 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. Please see our Privacy Policy for further details.

We are required to periodically report certain Card information to the Visa Prepaid Clearinghouse Service (PCS) to assist in fraud prevention. Please contact PCS Customer Service for details regarding the information reported and on file with PCS.

Visa Prepaid Clearinghouse Service Customer Service Department
5005 Rockside Road, Suite 600-27
Independence, OH 44131 PH
Phone (844) 263-2111
Fax (844) 432-3609

PCS Customer Service Department's business hours are Monday – Friday, 9:00 a.m. – 5:00 p.m. Eastern Time.

Website Availability. Although considerable effort is expended to make the website and other means of communications and access available around the clock, we do not warrant that these forms of access will be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

Protecting Your Access Information. To prevent unauthorized access to your Card and Card Account, you agree to keep your Access Information confidential. We recommend that you memorize your Access Information and do not write it down. If you believe the security of your Access Information has been compromised in any way (for example, your password has been lost or stolen, someone has attempted to use our website under your user name without your consent, or your Card has been accessed), you must notify us immediately. Under certain circumstances, we may deny your access to our website in order to maintain or restore security or performance of the website. We may do so if we reasonably believe your Access Information has been or may be obtained or is being or may be used by an unauthorized person. We may try to notify you in advance, but cannot guarantee we will do so.

How to Notify Us of Lost or Stolen Card, PIN or Unauthorized Transfers. If you believe your Card or any other Access Information has been lost or stolen, immediately call: 1-888-364-8430 or write: True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. You should also immediately call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or Access Information without your permission.

Your Liability for Unauthorized Transfers. Tell us immediately if you believe your Card or Access Information has been lost or stolen or if you believe that an electronic funds transfer has been made without your permission. Telephoning us at 1-888-364-8430 is the best way to minimize your possible losses. You could lose all the money in your Card Account. You agree that any unauthorized use does not include use by a person to whom you have given authority to use or access your Card Account or Access Information and that you will be liable for all such uses and funds transfers by such person(s).

If you tell us within two (2) business days after you learn of the loss or theft of your Card or Access Information you can lose no more than $50 if someone used your Card or Access Information without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card or Access Information and we can prove we could have stopped someone from using your Card or Access Information without your permission if you had told us within this time frame, you could lose as much as $500 if someone used your Card or Access Information without your permission.

Also, if your electronic history shows transactions that you did not make, including those made by Card, Access Information or by other means, tell us immediately. If you do not tell us within 60 days after your account statement was made available to you, you may not get back any money you lost after this period if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from learning of the unauthorized transaction and telling us, we will extend the time periods for a reasonable period in our sole discretion.

Additional Limits on Liability Visa Rules.

Under Visa rules, unless you have been grossly negligent or have engaged in fraud you will not be liable for any unauthorized transaction using your lost or stolen card. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by Visa.

Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from your Card Account on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. 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);
2. if a computer system, or POS terminal was not working properly and you knew about the problem when you started the transaction;
3. if a merchant refuses to honor your Card;
4. if circumstances beyond our control (such as fire, flood, pandemic, terrorist attack or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
5. if any failure or malfunction is attributable to your equipment, to merchant or ATM equipment, or to any internet service or payment system;
6. if you attempt to use a Card that has not been properly activated;
7. if your Card or Access Information has been reported as lost or stolen, if your Card Account has been suspended by us, or we believe the transaction is not authorized by you;
8. if you or your Administrator have specifically requested us to decline certain transactions in your Card Account settings; or
9. as otherwise provided in this Agreement.

Information About Your Right to Dispute Errors. In case of errors or questions about your Card Account, please contact us as soon as possible at 1-888-364-8430 or write to us at True Link Financial, Inc., PO Box 581, San Francisco, CA 94104. We must allow you to report an error until 60 days after your account statement was made available to you for the transfer allegedly in error that was credited or debited to your Card Account. You may request a written history of your transactions at any time by contacting us at the telephone number or address above. You will need to tell us: (1) your name; (2) your Card Number, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will provisionally credit your Card Account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within ten (10) business days, we may not credit your Card Account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to provisionally credit your Card Account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the telephone number shown above.

Questions. True Link Financial, Inc. as the third party that administers the Card program, is responsible for customer service and for resolving any errors in transactions made with your Card. If you have questions regarding your Card, you may call us at 1-888-364-8430 or write True Link Financial, Inc., PO Box 581, San Francisco, CA 94104.

Communications. We may contact you from time to time regarding your Card Account. We may contact you in any manner we choose unless the law says that we cannot. For example, we may:

1. contact you by mail, telephone, email, fax, recorded message, text message, or email;
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. contact either you or your Administrator, at our option, about any matter;
8. leave prerecorded and other messages on your answering machine/service and with others; and
9. 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.

Change of Address: If any of your contact information changes (e.g. physical address, mailing address, e-mail address, phone number or your name), you must notify us immediately. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address or electronically delivered to the last email address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.

Governing Law, Court Proceedings, Damages, Arbitration: Except as set forth in the Waiver of Jury Trial and Arbitration Agreement below, (1) this Agreement will be governed by, construed and enforced in accordance with federal law and the laws of the State of Minnesota; (ii) any action or proceeding with respect to this Agreement or any services hereunder shall be brought only before a federal or state court in the State of Minnesota; and (iii) you agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement. If we are served garnishments, summonses, subpoenas, orders or legal processes of any type, we are entitled to rely on the representations therein and may comply with them in our own discretion without regard to jurisdiction.

ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION.

Agreement to Arbitrate. You and we (defined below) agree that any Dispute (defined below) will be resolved by Arbitration. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and the substantive law of the State of Minnesota (without applying its choice-of-law rules).

What Arbitration Is. "Arbitration" is a means of having an independent third party resolve a Dispute. A "Dispute" is any claim or controversy of any kind between you and us. The term Dispute is to be given its broadest possible meaning and includes, without limitation, all claims or demands (whether past, present, or future, including events that occurred prior to your application for a Sunrise Banks account or Card and whether or not a Sunrise Banks Visa Prepaid Card is provided to you, based on any legal or equitable theory (contract, tort, or otherwise) and regardless of the type of relief sought (i.e., money, injunctive relief, or declaratory relief). A Dispute includes, by way of example and without limitation, any claim based upon a federal or state constitution, statute, ordinance, regulation, or common law, and any issue concerning the validity, enforceability, or scope of this arbitration agreement.

For purposes of this arbitration agreement, the terms "you" and "your" include any Administrator, Cardholder, Authorized User, co-signer, co-obligor, or guarantor and also your heirs, guardian, personal representative, or trustee in bankruptcy. For the purposes of this Agreement, the terms "we," "our," and "us" mean the Bank, True Link Financial, Inc., and their respective employees, officers, directors, members, managers, attorneys, affiliated companies, predecessors, and assigns as well as the marketing, servicing, and collection representatives and agents of either or both.

How Arbitration Works. If a Dispute arises, the party asserting the claim or demand must initiate arbitration, provided you or we may first try to resolve the matter informally or through customary business methods, including collection activity. The party filing an arbitration complaint must choose either of the following arbitration firms for initiating and pursuing arbitration: The American Arbitration Association ("AAA") or JAMS, The Resolution Experts. If the parties mutually agree, a private party, such as a retired judge, may serve as the arbitrator. If you claim you have a Dispute with us, but do not initiate arbitration or select an arbitrator, we may do so. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:

American Arbitration Association
Web site: www.adr.org
Telephone (800) 778-7879

JAMS, The Resolution Experts
Web site: www.jamsadr.com
Telephone (949) 224-1810 or (800) 352-5267

In the event both AAA and JAMS are unavailable to decide a Dispute, the parties agree to select another neutral party experienced in financial matters to decide the Dispute. If such an independent arbitrator cannot be found, the parties agree to submit any Dispute to a state or federal judge, sitting without a jury, for resolution on an individual and not a class-wide basis.

The policies and procedures of the selected arbitration firm will apply provided such policies and procedures are consistent with this arbitration agreement. To the extent the arbitration firm's rules or procedures are different than the terms of this arbitration agreement, the terms of this arbitration agreement will apply.

What Arbitration Costs. No matter which party initiates the arbitration, we will advance or reimburse filing fees and other costs or fees of arbitration, provided each party will be initially responsible for its own attorneys' fees and related costs. Unless prohibited by law, the arbitrator may award fees, costs, and reasonable attorneys' fees to the party who substantially prevails in the arbitration.

Location of Arbitration. Unless you and we agree to a different location, the arbitration will be conducted in the county where you reside.

Waiver of Rights. You are waiving your right to a jury trial, to have a court decide your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and we agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.

Applicable Law and Review of Arbitrator's Award. The arbitrator shall apply applicable federal and Minnesota substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator's award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of Minnesota and applicable federal law.

Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.

Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or cardholder status.

Sunrise Banks
200 University Avenue West Suite 200
Saint Paul, MN 55103

Assignability. We may assign or transfer our rights and obligations under this Agreement at any time without prior notice to you. The Card Account established under this Agreement is not assignable or transferable by you. Notwithstanding the foregoing, this Agreement shall be binding on you, your Authorized Users and Administrators, your heirs, your executors, administrators, guardians, personal representatives, or trustee in bankruptcy.

Miscellaneous Provisions: We do not waive our rights by delaying or failing to execute them at any time. To the extent permitted by law and as permitted by the Waiver of Jury Trial and Arbitration above, you agree to be liable to us for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

Sunrise Banks Privacy Notice

Esign Consent

Electronic Communication Delivery Policy (E-Sign Disclosure and Consent)

This policy describes how True Link Financial, Inc. (“True Link”) delivers communications to you electronically. We may amend this policy at any time, as set forth in the True Link User Agreement

Electronic delivery of communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your True Link accounts ("Account") and your use of our services. Communications include:

Agreements and policies you agree to (e.g., the True Link User Agreement and the True Link Privacy Policy), including updates to these agreements or policies;

Annual disclosures;

Transaction confirmations; and

Account statements

We will provide these Communications to you by posting them on the True Link website and/or by emailing them to you at the primary email address listed in your True Link profile.

Hardware and software requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

a computer with an Internet connection;

a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;

Adobe Acrobat Reader version 8.0 and above to open documents in .pdf format;

a valid email address (your primary email address on file with True Link); and

sufficient storage space to save past Communications or an installed printer to print them.

We will notify you if there are any material changes to the hardware or software needed to receive electronic Communications from True Link. By giving your consent you are confirming that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to withdraw your consent

You may withdraw your consent to receive Communications electronically by writing to us at "True Link Financial, Inc. Attn: E-Sign, 315 Montgomery Street Fl. 10, San Francisco, CA 94104", or by contacting us via the "Contact Us" link at the bottom of each page of the True Link website. If you fail to provide your consent, or if you withdraw your consent to receive Communications electronically, True Link reserves the right to either deny your request for an Account, restrict or deactivate your Account, close your Account, or charge you additional fees for paper copies.

Requesting paper copies of electronic Communications

If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 180 days of the date we provided the Communication to you by contacting us as described above. We will send your paper copy to you by U.S. mail. In order for us to send you paper copies, you must have a current street address on file as your “Home” address in your True Link profile. If you request paper copies, you understand and agree that True Link may charge you a Records Request Fee for each Communication.

Updating your contact information

It is your responsibility to keep your primary email address up to date so that True Link can communicate with you electronically. You understand and agree that if True Link sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, True Link will be deemed to have provided the Communication to you.

Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add True Link to your email address book so that you will be able to receive the Communications we send to you.

You can update your primary email address or street address by contacting us at [email protected] or 877-264-8783. If your email address becomes invalid such that electronic Communications sent to you by True Link are returned, True Link may deem your Account to be inactive, and you will not be able to transact any activity using your True Link Account until we receive a valid, working primary email address from you.

True Link Privacy Policy

Last updated: March 8,2024

True Link Privacy Policy

This Privacy Policy explains how True Link Financial, Inc. and its subsidiary, True Link Financial Advisors, LLC (collectively, “True Link,” “Company”, we,” “our” or “us”) collects, uses, discloses, and protects information through our online services, websites, mobile applications, use of True Link financial services products and the associated software platform, the use of the trust administration software and record-keeping platform, and any other software provided on or in connection with the services and also any and all communications with us via phone, email, text or otherwise (each, a “Service” and collectively, “Services”).

When you use the Services, you consent to our collection, use, disclosure, and protection of information about you as described in this Privacy Policy.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO THIS POLICY. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICE(S).

1. Collection of Your Information.

We may collect and store various information about you including, for example, information that you provide to us, information that we automatically collect through your use of the Service, and information from publicly available sources or third parties, as further detailed below. If you are an individual who utilizes our Services to obtain a financial product or service through us, we will use and share any information that we collect from or about you in accordance with our U.S.Consumer GLBA Privacy Notice. Information subject to our Privacy Notice is referred to as Non-Public Personal Information (“NPPI”).

A. Collection of Your Information.

The information we collect from you will vary depending on the product or service requested. We may ask for certain information such as your username, first and last name, birth date, telephone number, email address, mailing address, social security number, and other details related to your financial situation when you use our Service(s) and/or register for a True Link account. We may also collect information that you voluntarily provide to us when using the Service(s).

We may also collect and store information that you provide to us about other people. By submitting information about someone other than yourself, you represent that you are authorized to provide us with that person’s information for the purposes identified in this Privacy Policy and/or in connection with the Service(s).

We may also retain any messages you send through the Service(s), customer service correspondence (via telephone, chat, text, email or otherwise), and may collect information you provide in User Content you post to the Service(s).

Calls to True Link or to third-parties through True Link by you or to you may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes.

B. Information that is Collected Automatically.

In addition to the information you provide to us directly, we may automatically collect information about your use of the Service(s), as described below.

Log file information. Log file information is automatically reported by your browser each time you access the Service(s). When you use our Service(s), our servers may automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, operating system, platform type, the state or country from which you accessed the Service, software and hardware attributes (including Device ID), referring/ exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed and the order of those pages, the data and time you used the Service and uploaded or posted content, error logs, files you download, and other such information.

Location information. When you use the Service, we may automatically collect general location information (e.g., IP address, city/state and or zip code associated with an IP address) from your computer or mobile device.

Cookies and other technology. Log file information is automatically reported by your browser each time you access the Service(s). When you use our Service(s), our servers may automatically record certain log file information. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, operating system, platform type, the state or country from which you accessed the Service, software and hardware attributes (including Device ID), referring/ exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed and the order of those pages, the data and time you used the Service and uploaded or posted content, error logs, files you download, and other such information.

1. Cookies. When you visit the Service, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer that uniquely identifies your browser or stores information or settings on your device. Cookies let us help you log in faster and enhance your navigation through the site. A cookie may also convey information to us about how you use the Service (e.g., the pages you view, the links you click and other actions you take on the Service), and allow us or our business partners to track your usage of the Service over time. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser.
2. Clear gifs/web beacons. When you use the Service, we may employ web beacons (for example, clear gifs) which are used to anonymously track the online usage patterns of our Users. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened, which links are clicked by recipients, and whether our emails are forwarded. The information allows for more accurate reporting and improvement of the Service.
3. Web analytics services. We may use third-party Web analytics on our Service, such as Google Analytics. These service providers use the technology described above to help us analyze how users use the Service. The information collected by the technology (including your IP address) will be disclosed to or collected directly by these service providers. To prevent Google Analytics from using information for analytics, a user may install the Google Analytics Opt-Out Browser Add-on by clicking here.
4. Third-Party Ad Targeting. We sometimes use the above technologies for interest-based advertising, which may be based on your device or browser’s signals received across websites or applications, and over time. Please see the section titled “Tailored Advertising” to learn how you can opt out of these marketing methods and technologies.

We may use this information in a number of ways, including: (a) to remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) to provide custom, personalized content and information; (c) to provide our Service and monitor its effectiveness; (d) to monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns; (e) to diagnose or fix technology problems; (f) to help you efficiently access your information after you sign in; and (g) to deliver advertising to you.

C. Information from Third-Party Sources. We may receive information about you from publicly and commercially available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, when you open certain accounts at True Link, we are legally required to conduct due diligence about who you are. We may use third-party service providers who provide information about you in order for us to perform this due diligence. We may also acquire your information from third-parties.

2. Tailored Advertising.

We may use third-party advertising technologies that allow for the delivery of relevant content and advertising on the Service, as well as on other applications you use. Please refer to our U.S. Consumer GLBA Privacy Notice for more information on your rights pertaining to the sharing of NPPI. The ads may be based on various factors such as the content of the page you are visiting, information you enter, your searches, demographic data, user-generated content, and other information we collect from you. These ads may be based on your current activity or your activity over time and across other websites and online services and may be tailored to your interests.

We may also allow other third-parties (e.g., ad networks and ad servers such as Google Analytics) to serve tailored ads to you on the Service, other sites, and in other applications, and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Service.

We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Service by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third-parties. Those parties that use these technologies may offer you a way to opt out of ad targeting as described below. If you receive tailored advertising on your computer through a web browser, you can learn more about such tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, by visiting the Network Advertising Initiative’s Consumer Opt-Out link or the Digital Advertising Alliance’s Consumer Opt-Out link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

Please note that to the extent advertising technology is integrated into the Service, you may still receive advertisements even if you opt out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

3. Do Not Track Signals and Similar Mechanisms.

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

4. Use of Your Information.

We may use your information and/or combine any or all elements of your information for a number of purposes, including:

To provide you with and manage the Service(s). We use your information to provide, develop, maintain and improve our Service(s) and the features and functionality of the Service(s). This may include customization and tailoring the Service(s) features according to the information that you provide.

To process and fulfill a request or other transaction submitted to us. We use your information to process or fulfill requests or transactions that you have requested.

To communicate with you. We use the information we collect or receive to communicate directly with you. We may send you emails containing newsletters, promotions and special offers. If you do not want to receive such email messages, you will be given the option to opt-out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). You may not opt-out of Service-related emails.

Provide personalized services, including content, ads, products or services. We may use the information we collect to provide personalized services and advertising to you. To learn more about your choices in connection with the use of your information for this purpose, please see the section above titled, “Tailored Advertising.”

Surveys, Offers, Sweepstakes. We may use your information to conduct surveys.

Marketing and Advertising. We may use your information to market and advertise our Services and the services of certain third parties we work with.

Research and Analytics. We may use your information for research and analytical purposes, for example, to identify trends and effectiveness of certain marketing campaigns we run.

Business Operations. We may use your information for certain operational purposes including, for example, perform audits and quality control.

To protect the rights of True Link and others. We may use your information as we believe is necessary or appropriate to protect, enforce, or defend the legal rights, privacy, safety, security, or property of True Link, its employees or agents, or other users and to comply with applicable law.

With your consent. We may otherwise use your information with your consent or at your direction.

To aggregate/de-identify data. We may aggregate and/or de-identify information collected through the Service. We may use de-identified and/or aggregated data for any purpose and without any restrictions, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

5. Sharing of Your Information.

We may share the information we collect or receive from you in a variety of circumstances, including, but not limited to, as listed below.

Card Administrators, Caretakers, Representative Payees, Trustees, Guardians, Conservators) and others who are similarly situated) (collectively, “Providers”). We may share your information with Providers for the purpose of providing the Service to you. Information you submit to a Provider through the service may be governed by the Provider’s privacy and security policies. For details of these policies, please consult the policies of the Providers directly.

Affiliates. We may share information between parent and subsidiary companies.

Service providers. We may share your personal information with third parties who work on behalf of, or with us such as vendors, processors, banks, brokers, agents and other representatives. Service providers assist us with a variety of functions. This includes, for example, assisting with customer service-related functions, providing advertising (including interest-based advertising) and analytics services (e.g., Google Analytics), helping us verify your identity, providing website hosting services (e.g., Amazon Web Services), providing additional financial services like ACH processing, securities trades, bank accounts, check processing, assisting with auditing functions, and helping us with marketing and related research activities.

Marketing partners. We may share your personal information with third-party marketing partners including partners who we conduct joint-marketing activities with or who we offer a co-branded service with. Marketing partners also include those entities who maintain a link to our Services on their site, or a True Link widget on their site, when you interact with that widget or click from their site to our Services.

Other parties when required by law or as necessary to protect our users and services. True Link may share your information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Service or to protect the security or integrity of our Service; and/or (c) exercise or protect the rights, property, or personal safety of True Link, our Users or others.

Business transfers. We may buy or sell/divest/transfer True Link (including any shares in True Link), or any combination of its products, services, assets and/or businesses. Your information, which may include NPI, user names and email addresses, User Content and other user information related to the Service may be among the items sold or otherwise transferred in these types of transactions. We may also sell, assign or otherwise transfer such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions, reorganizations, liquidations, similar transactions or proceedings involving all or a portion of True Link.

Public Forums. Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings. Subject to your profile and privacy settings, any User Content that you make public is searchable by other Users. If we remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users have copied or saved that information. We are not responsible for the information that you choose to submit in your User Content.

Aggregated or de-identified information. We may also aggregate or de-identify data and may share that data without restriction.

Otherwise with your consent or at your direction. In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

6. How We Store and Protect Your Information

Keeping Your Information Safe

True Link takes technical and organizational measures to protect your data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. These measures vary depending on the sensitivity of the information we have collected from you. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is absolutely secure. Therefore, while we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. True Link is not responsible for the functionality or security measures of any third-party or Provider. To protect your privacy and security, we take steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from True Link, at all times. Do not share your password with anyone and do limit your access to your computer or other devices by signing off after you have finished accessing your account.

For information about how to protect yourself against identity theft, please refer to the Federal Trade Commission’s website at www.ftc.gov/news-events/media-resources/identity-theft-and-data-security.

To find out more about True Link's security measures, visit our security page

7. Your Choices About Your Information

A. Your Account Information and Settings If you would like to make any changes to your account information, please contact us at [email protected]. B. Email Promotions You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of Service-related communications (e.g., account verification, transaction-related updates, changes/updates to features of the Service, and technical and security notices). If you have any questions, you can contact us directly at [email protected]. C. Opt-Out and Annual Notice. If you are an individual and have a financial product or service with us, we will use and share any information that we collect from or about you in accordance with our U.S. Consumer GLBA Privacy Notice. D. Choices Relating to Tailored Advertising Please see the section above titled, “Tailored Advertising,” for your choices relating to certain interest-based advertising.

8. How Long We Keep Your User Content

Following termination or deactivation of your account with us, True Link may retain your profile information and User Content for an additional period of time for backup, archival, or audit purposes. In certain circumstances, we are required by Federal and State regulations to store various information. In order to comply with those requirements, we may be unable to delete your information from our database until the legally required retention period expires.

9. Children’s Privacy

Our Services are not marketed to individuals under the age of 13. We also do not knowingly collect information from individuals under the age of 13 and request that such individuals not provide information to us.

10. Links to Other Web Sites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service or to which you direct True Link to retrieve information, including the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. True Link is also not responsible for sites directing you to True Link. Our Terms of Service and Privacy Policy do not apply to those third-party sites either.

11. Your California Privacy Rights

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits Users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third-parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that were shared and the names and addresses of all third-parties with whom we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit this form.

The California Consumer Privacy Act (“CCPA”) also affords California residents certain rights over their personal information (subject to certain exceptions). Our CCPA Privacy Notice,which supplements this Privacy Policy, outlines those rights and explains how they may be exercised.

12. Complaints and How to Contact Us

To make a complaint about a privacy-related matter, or to request access to or correction of your personal information, or if you have any questions about this Privacy Policy or the Service, please contact us at [email protected] or by phone at 1-855-244-1209. We will review all complaints and determine whether the matter needs further investigation. In the event an investigation is conducted concerning your personal information, we will notify you of the outcome of the investigation.

13. Changes to Our Privacy Policy

True Link may modify or update this Privacy Policy from time to time to reflect changes in our business and practices, and so you should review this page periodically (www.TrueLinkfinancial.com/privacy-privacy/). If we make changes to this Privacy Policy, we will revise the “Last Updated” date at the top of this policy. If we make a material change to this Privacy Policy, we will notify you as required by law. Your continued use of the Service following any changes signifies your acceptance of our Privacy Policy as modified.

California Consumer Privacy Act Notice for California Consumers GLBA Notice

PLEASE PRINT AND RETAIN A COPY OF THIS PRIVACY POLICY FOR YOUR RECORDS.‍

True Link Terms Of Service

Updated as of 06/10/2022

Welcome to Truelinkfinancial.com, the website(“Site”) of True Link Financial, Inc. and its subsidiary, True Link Financial Advisors, LLC (“True Link,” “Company”, we,” “our” or “us”). These Terms of Service explain the terms by which you may use our website and also govern any all communications with us via phone, email, text or otherwise (collectively the “Service”). By accessing or using the Service through any direct or indirect means, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement” or “Terms of Service”)and to the collection and use of your information as set forth in the True Link Privacy Policy whether or not you have an account with True Link Financial, Inc. or True Link Financial Advisors, LLC. (in which case, additional agreements shall apply to your use of those services) this Agreement applies to all visitors, users, and others who access or use the Service(“Users”).

Please read these terms carefully. If you do not agree to them you must not use the Site or Service.

THIS AGREEMENT CONTAINS:

• A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION(9;
• A CONSENT TO RECEIVE ALL LEGALLY REQUIRED COMMUNICATIONS AND DISCLOSURES FROM US ELECTRONICALLY (SECTION 4); AND
• A CONSENT TO RECEIVE AUTOMATED TELEPHONE CALLS AND SMS MESSAGES AND RECORDING OF CALLS (SECTION 3)

1. Your Use Of True Link's Service

1.1 Binding Contract

You must act in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You are prohibited from using the Service if you have previously been removed from the Service by True Link.

1.2 Modifications to this Agreement

We may make changes to these Terms of Service from time to time. If we make changes, we will post the changed Terms of Service on the Site and will indicate at the top of this page the date the Terms of Service was last revised. The revised version will be effective at the time we post it. If the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change on the Site. You understand and agree that your continued use of the Service or the Site after we have made any such changes constitutes your acceptance of the new Terms of Service.

1.3 Your Accounts and Account Information from Third-parties Integrated with our Service

In order to provide a more efficient Service, TrueLink has partnered with third-party service providers to access information related to your accounts that you may currently have with financial institutions or providers (“Account Information” related to “Third-Party Accounts”). By entering your login details such as usernames and passwords “Login Details” for your Third-Party Accounts, these third-party service providers can access your Account Information and then provide it to True Link or the Bank Issuer. By entering your Login Details, you consent to third party service providers accessing your Third-Party Accounts so that True Link can share the relevant information with third parties who are providing you services through your use of Our Services. You represent, warrant, acknowledge and agree that you are solely responsible for the accuracy and content of your Account Information as accessed by third party providers as part of the Service. You acknowledge and agree that we have no control over the provision of third party service provider’s services and have no liability whatsoever for any actions or inactions on the part of those third-party service providers resulting in your inability to use the Service to access your accounts, obtain data, download information or otherwise access the Service.

1.4 No Recommendations or Professional Advice

Nothing provided on the Site should be construed or interpreted as professional advice or recommendations (i.e., we are not providing any financial, investment, tax, or legal recommendations or advice or other professional advice). Nothing contained on this Site shall be construed as an offer or solicitation to buy or sell securities. We encourage you to consult the appropriate professional for your specific circumstances.

1.5 True Link Accounts

When using our Service you may be required to establish an account (“Account”). You agree to the following requirements pertaining to the Account:

YOUR INFORMATION MUST BE ACCURATE AND CURRENT: You agree to provide true, accurate and complete information as prompted by the Service and all forms you access through the Service. You agree to update the information you provide through the Service in the event the information you provided changes in order to maintain its truthfulness, accuracy and completeness.

ACCOUNT SECURITY: You must keep your Account password secure. You must notify True Link immediately of any breach of security or unauthorized use of your Account. True Link will not be liable for any losses caused by any unauthorized use of your Account.

VERIFICATION OF IDENTITY (Patriot Act Information Disclosure): To help the government fight identity theft, the funding of terrorism and money laundering activities, True Link may obtain, verify and record information that identifies each person who opens an account with us. You may be required to provide your Social Security Number, address, telephone number, date of birth and other important information that will allow True Link to properly identify you. True Link may also ask to see your driver’s license or other identifying documentation to further assist in verifying your identity.

2. Change to Service; Prohibited Activities

While we may terminate your use of the Service at any time, for any reason, the following are specific activities that are prohibited when using the Service:

NO HARASSMENT: You will not harass, annoy, intimidate or threaten any User(s) or True Link employees or agents engaged in providing any portion of the Service to you.

NO IMPERSONATION: You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.

TECHNOLOGICAL USE: You will not engage in:

• copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
• using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the True Link servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
• transmitting spam, chain letters, or other unsolicited email;
• attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
• taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
• uploading invalid data, viruses, worms, or other software agents through the Service;
• collecting or harvesting any personally identifiable information, including account names, from the Service;
• interfering with the proper working of the Service;
• accessing any content on the Service through any technology or means other than those provided or authorized by the Service;
• use data provided by us for any competing uses or purposes;
• frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages; or
• bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

3. Your Consent to Telephone Calls, Recording of Telephone Calls and SMS Messages (text messages)

3.1 Consent to receive telephone calls, SMS messages and other messages

You acknowledge that by voluntarily providing your telephone number(s) to True Link, you authorize us to call and/or send text messages, even if your telephone number is registered on any state or federal Do Not Call list, in order to provide you with information regarding your Account and any transactions. You expressly authorize us to make such contacts using any telephone numbers you have supplied or will supply to us in connection with your Account. You understand that anyone with access to your telephone may listen to or read the messages we leave or send you and you agree that we will have no liability in connection with third parties accessing your telephone.

You acknowledge that alerts sent via SMS may not be delivered if your carrier does not support short code communications, if your mobile phone is not in range of a transmission site, or if network capacity is not available or insufficient at a particular time. Additionally, you acknowledge that factors beyond the control of your wireless carrier may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You understand that your wireless carrier does not guarantee that alerts will be delivered and we will not be liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

3.2 Opt-out

At any time, you may withdraw your consent to receive calls or SMS messages. You must (i) provide us with written notice revoking your consent; (ii) in that written notice, you must include your full name, mailing address, email address used to contact you, and the specific phone number(s) for which you are revoking consent; and (iii) send this written notice to True Link Financial, Inc. P.O. Box 581 San Francisco, CA 94104 (Attn: Opt-Out).

3.3 The phone numbers you provide

You represent and warrant that you are the owner and/or primary user of any phone number you provide to us. Should any of your telephone numbers change, you agree to notify us before the change goes into effect by email and/or updating your account profile. You agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees)arising from failure to update your contact information (including your telephone number), your voluntary provision of a telephone number that is not your own, and/or your violation of any federal, state, or local law, regulation, or ordinance.

3.4 Charges from your telephone provider

You understand that your cellular or mobile telephone provider may charge you fees for calls or texts that we make or send to you according to the type of plan you carry, and you agree that we will have no responsibility or liability whatsoever for such fees.

3.5 Call Recording and Monitoring

Calls to and from True Link may be recorded or monitored for quality assurance, customer service, training and/or risk management purposes. You agree to such monitoring and recording unless you expressly inform the agent at the outset of the conversation that you do not want the call to be monitored or recorded.

4. Your Consent to Electronic Communications

Electronic Communications Delivery Agreement(E-SIGN Agreement)

Since we are an Internet-based company, in order to use our Service you must agree to receive all important information from us electronically (by us posting it on our Site or sending you an e-mail),instead of receiving paper copies in the mail.

This E-SIGN Agreement lets you know what technology you need to be able to view, save and/or print the Communications we send you, and that by using the Service you are agreeing that you have these technological capabilities. This agreement also lets you know that you must keep your contact information up-to-date.

5. User Content Requirements and Intellectual Property Rights

Before posting or providing any content, please review these requirements carefully:

5.1 You grant us a license to the content you post

You own and are solely responsible for any content including testimonials, images, text, audio or other materials that you submit (“User Content”). For the avoidance of doubt, User Content does NOT include information provided as part of the financial services offerings provided in the True Link Platform (e.g., transaction related information). By submitting User Content, you grant Us or our sub-licensee or assignees a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future (“Use”).

You grant Us or our sub-licensee or assignees the right to use your name or image in association with your User Content, if we so choose.

Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against Us, our sub-licensees or assignees.

5.2 Your representations and warranties about the User Content

You represent and warrant that the User Content you provide (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third-party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d)will not cause injury to any person, entity or system.

5.3 You agree that you will not do any of the following:

• You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
• You agree not to post any false, deceptive or misleading information
• You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
• You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
• You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Service and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
• You agree that you will not create a risk of loss or damage to any person or property

5.4 Your obligations if you violate (or someone accuses you of violating) their rights with respect to the content you provide.

You will indemnify and hold True Link harmless for any and all claims resulting from your User Content.

5.5 Monitoring, editing or removing your User Content

True Link has the right but not the obligation to monitor, edit or remove the User Content you provide, for any reason, or no reason. Any User Content you provide is non-confidential and True Link will not be liable for its use or disclosure.

5.6 No compensation for your ideas, content, suggestions, submissions etc.

If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to True Link, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that True Link may have something similar to the Ideas under consideration or in development.

5.7 Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “True Link Content”), and all Intellectual Property Rights related thereto, are the exclusive property of True Link and its licensors (including other Users who post User Content to the Service).Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any True Link Content. Use of the True Link Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Use of any True Link Content as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by True Link in writing.

5.8 DMCA Notice

Since we respect artist and content owner rights, it is True Link’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify True Link’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

• An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Site (e.g., a URL);
• Information reasonably sufficient to permit True Link to contact you, such as your address, telephone number, and, email address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
True Link Financial, Inc.
Address: P.O. Box 581 San Francisco, CA 94104
Email: [email protected]

Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying True Link and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with True Link’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

6. Privacy and Security

When you use our Service you agree to our Privacy Policy; please read it carefully so you know how we collect, use, share, and secure your information.

We care about the privacy and security of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed, as contemplated by our Privacy Policy.

7. Indemnity

You agree that you will be personally liable for your use of the Service. You agree to defend, indemnify and hold harmless Company and its subsidiaries, officers, directors, agents and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees)arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any User Content that is submitted via your Account; or (vi) any other party’s access and use of the Service with your unique username, password or other security code. Company reserves the right but not the obligation, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

8. DISCLAIMER OFWARRANTIES AND GUARANTEES; LIMITATION OF LIABILITY

THESERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE MAXIMUMEXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIESOR GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOTLIMITED TO, (i) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; OR (ii) ANY WARRANTIES ARISINGOUT OF COURSE OF DEALING, USEAGE OR TRADE. YOU UNDERSTAND AND AGREE THATNOTHING RELATED TO THE SITE CONSTITUTES FINANCIAL, INVESTMENT, LEGAL AND/OROTHER PROFESSIONAL ADVICE OR CONSTITUTES A SOLICITATION TO BUY OR SELLSECURITIES.

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONSARE RESTRICTED, IN NO EVENT WILL TRUE LINK, ITS PARENT, SUBSIDIARIES, OR THEIRRESPECTIVE AGENTS, DIRECTORS, OR EMPLOYEES, BE LIABLE TO YOU OR ANY THIRD PARTYFOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL ORPUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOURUSE OF THE SERVICE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSEDTHROUGH THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'SLIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THECOMPANY FOR THE SERVICE OR $200, WHICHEVER IS GREATER.

CERTAIN FEDERAL AND STATE LAWS DO NOT ALLOWTHE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIEDWARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONALRIGHTS.

The following in no way limits the preceding disclaimers of guarantees or warranties and limitation of liabilities, but shall serve as examples of what is disclaimed/limited:

$h4 8.1 ASSUMPTION OF RISK:

YOU ASSUME ALL RISK AND ANY AND ALL DAMAGESASSOCIATED WITH YOUR USE OF THE SERVICE. ANY CONTENT DOWNLOADED OR OTHERWISEOBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOUWILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OFDATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE. COMPANY IS NOTLIABLE OR RESPONSIBLE FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.

8.2 SERVICE AVAILABILITY:

COMPANY DOES NOT GUARANTEE THE CONTINUOUSOPERATION OR ACCESS TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITYFOR (I) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALLPERSONAL INFORMATION STORED THEREIN; (III) USER CONTENT OR THE DEFAMATORY,OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (IV) ANY BUGS, VIRUSES,TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BYANY THIRD-PARTY; (V) THAT THE SITE OR SERVICE WILL BE AVAILABLE AT ANYPARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE OR FREE OF VIRUSES OROTHER HARMFUL COMPONENTS; AND/OR (VI) THAT ANY DEFECTS OR ERRORS WILL BECORRECTED.

8.3 NO GUARANTEE OF ACCURACY OR RELIABILITY:

COMPANY DOES NOT GUARANTEE AND ASSUMES NOLIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY ERRORS,MISTAKES OR OTHER INACCURACIES IN THE INFORMATION, CONTENT OR MATERIALS MADEAVAILABLE THROUGH THE SERVICE.

8.4 INFORMATIONAL PURPOSES ONLY; NO RECOMMENDATIONS OR ADVICE:

THE CONTENT, INFORMATION AND SERVICES AREPROVIDED FOR INFORMATIONAL PURPOSES ONLY. ALL FINANCIAL DECISIONS MADE BY YOUARE YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A FINANCIAL ADVISER WHO UNDERSTANDSAND KNOWS YOUR SPECIFIC FINANCIAL CIRCUMSTANCES BEFORE MAKING ANY FINANCIALDECISIONS. NOTHING ON THE SITE SHOULD BE INTERPRETED AS A FINANCIALRECOMMENDATION FOR YOU.

8.5 NO WARRANTIES REGARDING THIRD PARTIES:

WE MAKE NO REPRESENTATIONS, WARRANTIES, ORGUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY, INCLUDING THOSE THATARE HYPERLINKED TO OR FROM OUR SITE OR SERVICES. THE COMPANY EXPRESSLYDISCLAIMS ALL LIABILITY AND RESPONSIBILITY ASSOCIATED WITH THIRD-PARTIES’SITES, INFORMATIONAL MATERIALS, PRODUCTS OR SERVICES. YOU UNDERSTAND AND AGREETHAT THIS AGREEMENT, TRUE LINK’S PRIVACY POLICY AND OTHER COMPANY TERMS ANDPOLICIES DO NOT APPLY TO YOUR USE OF OTHER THIRD-PARTIES’ WEBSITES.

$h4 9. Legal Disputes

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTSYOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND TRUE LINKHAVE AGAINST EACH OTHER ARE RESOLVED.

You and True Link agree that any claim or dispute at law or equity that has arisen, or may arise, between you and True Link that relates in any way to or arises out of this or previous versions of the Agreement, your use of or access to the Service, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

9.1 Dispute resolution

For any dispute with True Link, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally. In the unlikely event that True Link has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any True Link claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Nothing in this Section 10 shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative)basis.

The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

9.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND TRUE LINK AGREE THAT EACH OF US MAYBRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATEATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND TRUE LINK AGREEOTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S ORPARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED,REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO,THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, ANDDECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF ANDONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'SINDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

9.3 Arbitration Procedures

Overview: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 9.2 of this Agreement to Arbitrate(“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

Rules and Procedures: The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

Notice: A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute("Notice"). The Notice to True Link should be sent to True Link Attn: Legal, Re: Notice of Dispute, P.O. Box 581 San Francisco, CA 94104 True Link will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

Post-Notice Initiation of Proceedings: If you and True Link are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or True Link may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site atwww.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to True Link at the following address: True Link Attn: Legal P.O. Box 581 San Francisco, CA94104 . In the event True Link initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your Account. Any settlement offer made by you or True Link shall not be disclosed to the arbitrator.

Arbitration Location: The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or True Link may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and True Link subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or True Link may attend by telephone, unless the arbitrator requires otherwise.

Arbitrator Decision; Final and Binding: The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same True Link user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9.4 Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, True Link will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by True Link should be submitted by mail to the AAA along with your Demand for Arbitration and True Link will make arrangements to pay all necessary fees directly to the AAA. If (a) you willfully fail to comply with the Notice of Dispute requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse True Link for all fees associated with the arbitration paid by True Link on your behalf that you otherwise would be obligated to pay under the AAA's rules.

9.5 Severability

With the exception of any of the provisions in Section 9.2 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.

9.6 Waiver of Jury Trial and Class Action

YOU AND WE AGREE THAT, BY ENTERING INTO THISAGREEMENT, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILLLIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION,THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHTTO APPEAL (EXCEPT AS PERMITTED IN PARAGRAPH (e) OR UNDER THE FEDERALARBITRATION ACT).

9.7 Opt-Out Procedure

IF YOU ARE A NEW TRUE LINK USER, YOU CANCHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILINGUS A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICEMUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USERAGREEMENT FOR THE FIRST TIME (I.E., YOU ACCEPT THE USER AGREEMENT WHEN YOU USETHE TRUE LINK WEBSITE, WWW.TRUELINKFINANCIAL.COM). YOU MUST MAIL THE OPT-OUTNOTICE TO TRUE LINK ATTN: LEGAL, RE: OPT-OUT NOTICE, P.O. Box 581 San Francisco, CA 94104

Your Opt-Out Notice must include the following information: your name, address (including street address, city, state and zip code), and the email address associated with your Account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

9.8 Future Amendments to the Agreement to Arbitrate

Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or sitelink provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against True Link prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and True Link. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.Truelinkfinancial.comat least 30 days before the effective date of the amendments. If you do not agree to these amended terms, you may deactivate your Account within the 30-dayperiod and you will not be bound by the amended terms.

9.9 Judicial Forum for Legal Disputes

You agree that: (i) the Service shall be deemed solely based in the State of California, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over True Link, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without regard to principles of conflict of law.

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and True Link must be resolved exclusively by a state or federal court located in San Francisco County, California. You and True Link agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights.

10. General

10.1 Monitoring of Our Services and Disclosure for Administrative and Legal Reasons:

We may access, use, preserve, transfer or disclose, at any time and without notice to you, any information (including Personal Information as defined in our Privacy Policy) as reasonably necessary to: (1)comply with any applicable law, regulation, subpoena, or legal process, or respond to any governmental request or cooperate with law enforcement, if we believe such action is required or permitted by law; (2) enforce the Agreement, including to investigate potential violations; (3) protect the safety, integrity, rights, or security of our users, our Services or equipment, or any third­ party; or (4) detect, prevent, or otherwise address fraud, security, or technical issues related to our Service or other third-parties.

10.2 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by True Link without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

Privacy Policy, there may be additional terms and conditions governing those promotions.

10.34 Severability.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall begiven effect to the greatest extent possible and shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

10.4 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and True Link’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

10.5 Headings.

Headings are for reference purposes only and do not limit the scope or extent of such Section.

10.6 Survival.

The following Sections survive any termination of this Agreement: Disclaimer of Warranties; Limitation of Liability; Release, Indemnity, Legal Disputes, and General.

10.7 No Agency or Joint Venture.

Neither this Agreement nor the use of the Service shall be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and True Link, except and solely to the extent expressly stated herein.

10.8 Third-Party Terms.

The Service may contain links to third-party websites, advertisers, services, or special offers that are not owned or controlled by True Link. True Link does not assume any responsibility for any third-party sites, information, materials, products, or services.

10.9 Contact.

Please contact us at [email protected] with any questions regarding this Agreement.

Notice to California Residents: Under California Civil Code Section1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Copy/Save Agreement: You agree to print or save a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

True Link Financial Protection Software Service Agreement ("Software Service Agreement")

Please read this Software Service Agreement carefully and retain it for future reference.

Introduction. This agreement (the “Software Service Agreement”) outlines the terms and conditions governing the True Link Financial Service (“Service”) offered in connection with the use of the True Link Financial, Inc. (“True Link” or the “Company”) software platform (the “Platform”) associated with the True Link Visa Prepaid Card. Please consult the Cardholder Agreement You received with Your True Link Visa Prepaid Card for the terms and conditions that apply to Your use of the True Link Visa Card(s).

Definitions. In this Software Service Agreement, the following terms are defined:

"Account Owner" or "Card Owner" means the person who qualified for the True Link Visa Card Account and owns the funds in the True Link Visa Card Account.

“Administrator(s)” means the person or persons authorized to personalize the spending actions on the Platform, and the person or persons authorized by the Card Owner to receive information about the True Link Visa Card, the Cardholder and True Link Visa Card activity (See Paragraph 2. below for more information on the roles and responsibilities of Administrators).

“Authorized User” means the person or persons, including the Cardholder, who have received a True Link Visa Card at the request of the Card Owner or Administrator and is/are authorized to use the Card.

"Card” or “True Link Visa Card” means the Visa U.S.A., Inc. (“Visa”) prepaid card that is issued under the Cardholder Agreement.

“Cardholder” means the person permitted to use the Card, including an Authorized User, who authorized the Administrator to act on their behalf in relation to the True Link Visa Card and the Platform.

“Card Account” means the custodial sub-account maintained to track the Card balance and record transactions made using the True Link Visa Card.

"Non-Administrator Third-Party Platform User" means a person or team of persons who are granted more limited (and primarily view-only) access to the Platform by the Administrator. (See Paragraph 2 below for more information on the roles and responsibilities of Non-Administrator Third-Party Platform Users).

“Service” means the use of the True Link Software Platform (also referred to as the “Platform”), including access to customer service.

“We”, “Us” or “Our” means True Link Financial, Inc. (also referred to in this Agreement as the “Company”).

“You” or “Your” means the Card Owner, the Cardholder, the Administrator, and/or any Authorized User of the True Link Visa Card.

This Software Service Agreement explains the relationship between You and Us and is a binding legal contract governing Your and Our rights, obligations and responsibilities in connection with the Service (including an agreement to resolve disputes by Arbitration, set forth in Paragraph 21.).

1. Binding Agreement. By ordering, activating or using the True Link Visa Card or Service, You acknowledge receipt of this Software Service Agreement and agree to be bound by the terms and conditions contained herein. Except as otherwise required by law, We may, in Our sole discretion, modify this Software Service Agreement at any time by posting the modifications on Our website at www.truelinkfinancial.com. Except as otherwise required by law, use of the True Link Visa Card and/or the Service, after a posting of such modifications shall bind You to the latest version of the Software Service Agreement. The current version of the Software Service Agreement can always be viewed on Our website at www.truelinkfinancial.com. If you do not agree to the modified terms for this Software Service Agreement, you should discontinue Your use of the Service and the True Link Visa Card, which shall be Your sole and exclusive remedy.
2. Card Administrator Roles and Responsibilities. The Administrator (or more than one Administrator) is authorized to (a) obtain information about Cardholder; (b) access information about the True Link Visa Card and True Link Visa Card activity; (c) generally manage and administer the Card and the Service, including without limitation, personalizing spending actions and limitations, disputing transactions, closing the card, ordering replacement cards, accepting notices and disclosures, naming additional Administrators, and arranging for deposit and withdrawal of funds; and (d) adding or removing Non-Administrator Third-Party Platform Users
   Non-Administrator Third-Party Platform Users Roles and Responsibilities. The Non-Administrator Third-Party Platform User is authorized by the Administrator(s) to do the following: (a) View-only access to basic account information, including but not limited to the account holder name and address; (b) View-only access to account enrollment and account status; (c) View-only access to account information including the current account balance, transaction history, and monthly statements; and (d) limited permissions related to the account, including the ability to configure alerts and to set the card temporarily inactive (e.g., in case of the card being lost or stolen).

3. Card Transactions. The Administrator(s) may request that certain types of card transactions be blocked, limited or flagged. We do not warrant or guarantee that all transactions or types of transactions that You request to block, limit or flag will be blocked, limited or flagged.
4. Liability for Acts and Omissions. Notwithstanding the Cardholder Agreement, You agree to be jointly and severally liable for all activity governed by this Software Service Agreement.
5. Revocation of Administrator. The Card Owner must notify Us at www.truelinkcard.com or call Us at 1-800-299-7646 to revoke authorization for any person to serve as the Administrator of the Card and Card Account. Until We have received the Card Owner’s revocation notice and have had a reasonable time to act on the notice of revocation, each Administrator and Cardholder will be jointly and severally responsible for all Card transactions, Platform activity, and fees incurred related to the True Link Visa Card and these Services, as governed by this Software Service Agreement and the Cardholder Agreement. Upon request by the Card Owner to revoke the authority of the Administrator, We may request additional information in order to process the request. If the Card Owner revokes their authorization for any person(s) to serve as the Administrator, We may cancel the Card and/or issue a new Card, at Our discretion.
6. Your Representations and Warranties. You represent and warrant that You have the legal capacity (or You have a power of attorney, trusteeship, guardianship, or similar legal arrangement to do so) to enter into and be bound by the terms of this Agreement. You represent that every act or omission by the Administrator(s) relating to the Service is within the authority conferred by You. You agree not to seek to hold Us or the Card Issuer (as defined in the Cardholder Agreement) liable for any actual or alleged act or omission of anyone in relation to the Service or the True Link Visa Card to the maximum extent permitted by applicable law. You agree that, with respect to all money transferred into the Card Account, if You initiate a transfer or authorize someone to make a transfer, You have the authority to move that money to the Card Account.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT ARE OFFERED AND MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY, AVAILABILITY OR CONTINUED AVAILABILITY OF THE SERVICE/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE,/PLATFORM, INFORMATION, DATA, ASSOCIATED WEBSITES AND CONTENT ARE OFFERED AND MADE AVAILABLE TO YOU ARE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS, GUARANTEES OR WARRANTIES THAT WE CAN OR WILL PROTECT YOU AGAINST FRAUD OR THE WILLFUL OR MALICIOUS ACTS OF OTHERS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES/PLATFORM. WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
8. DISCLAIMER OF UNINTERRUPTED SERVICE AND SECURE ACCESS. We do not guarantee continuous, uninterrupted or secure access to any part of the Service/Platform, and operation of Our websites, software, or systems (including any networks and servers used to provide any of the services) operated by Us or on Our behalf which may be interfered with by numerous factors outside of Our control. We shall not be responsible to You for any loss or damages suffered by You as a result of the failure of systems and software by any means, including but not limited to interruption, security or access.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR THE CARD ISSUER, OUR VENDORS, LICENSORS, (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) SHALL IN ANY EVENT BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES THAT YOU OR ANY THIRD PARTY MAY INCUR IN CONNECTION WITH THE SERVICE, PLATFORM, WEBSITES OR CONTENT, EVEN IF WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNLESS OTHERWISE EXPRESSLY SET FORTH IN THIS SOFTWARE SERVICE AGREEMENT, OUR LIABILITY IN RELATION TO THE SERVICE, PLATFORM, WEBSITES OR CONTENT FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR THE FORUM SHALL AT ALL TIMES BE LIMITED TO USD $200, WHICH YOU RECOGNIZE AND AGREE IS REASONABLE IN VIEW OF THE FEES CHARGED IN CONNECTION WITH THE SERVICE.
   In addition, to the extent permitted by applicable law, and in connection with the Services and Platform as governed by this Software Service Agreement, We are not liable, and You agree not to hold Us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from: (1) Your use of, or Your inability to use, Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf, or any of the services; (2) delays or disruptions in Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf and any of the services; (3) viruses or other malicious software obtained by accessing Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or any of the services or any website or service linked to Our websites, software or any of the services; (4) glitches, bugs, errors, or inaccuracies of any kind in Our websites, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or any of the services or in the information and graphics obtained from them; (5) the content, actions, or inactions of third parties; or (6) a suspension or other action taken with respect to Your Card or Card Account.
10. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE LIMITATIONS IN THE PRIOR TWO SECTIONS MAY NOT APPLY TO YOU.
11. Fees. We currently do not assess a fee for the Service, although fees for the Card apply. See the Cardholder Agreement for a description of Card fees. We reserve the right to institute and charge fees related to the Service at any time. You reserve the right to terminate Your participation in the Service, which shall include but not be limited to termination of use of the True Link Visa Card and the Services at any time in accordance with the termination procedures in this Software Service Agreement.
12. Access to and Sharing of Information. You authorize Us to obtain information about You from time to time, Your employers and other third parties for Our internal processes. We may disclose information (including personally identifiable information) to third parties about You and the services provided to You: (i) where it is necessary or helpful for completing a transaction; (ii) to verify Your identity; (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 the Card Account 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; (viii) in accordance with Our Privacy Policy and the issuing Banks’ privacy policy; and (ix) as otherwise permitted by law.
13. Protecting Your Access Information. To prevent unauthorized access to Your Card Account, You agree to keep Your Access Information confidential and not share it with others (for the avoidance of doubt, this also means that the Cardholder and Administrator, for example, should not share Access Information). We recommend that You memorize Your Access Information and do not write it down. If You believe the security of Your Access Information has been compromised in any way (for example, Your password has been lost or stolen, someone has attempted to use Our Service under Your user name without Your consent, or your Card has been accessed), You must notify Us immediately. Under certain circumstances, We may deny Your access to Our Service in order to maintain or restore security or performance of the Service; We may do so if We reasonably believe Your Access Information has been or may be obtained or is being or may be used by an unauthorized person. We may try to notify You in advance, but cannot guarantee We will do so.
14. Change of Address. If any of Your contact information changes (e.g. physical address, mailing address, e-mail address, phone number or Your name), You must notify Us immediately. We will attempt to communicate with You only by use of the most recent contact information You have provided to Us. Failure to promptly notify Us of changes in Your contact information may result in information regarding the account being mailed to the wrong person or Your transactions being declined. Any notice given by Us shall be deemed given to You if e-mailed to You at the e-mail address we have on file for You. You also agree that if You attempt to change Your address to a non-U.S. address, Your Card Account may be cancelled and funds returned to You in accordance with this Agreement.
15. Termination and Effects. You may terminate participation in the Service at any time by calling Us at 1-800-299-7646, writing to Us at the following address: True Link Financial, Inc., PO Box 581 San Francisco, CA 94104, or by following the applicable instructions on the True Link website, www.truelinkfinancial.com. We may, at any time, with or without cause, for any reason and at any time, suspend the Service, or terminate the Service or the rights of You to participate in the Service, including but not limited to Your access to or use of the Platform, Card, Card Account, customer service, website, software, systems (including any networks and servers used to provide any of the Services) operated by Us or on Our behalf or some or all of the services by delivery of notice to the suspended or terminated party(ies). If the Service is terminated for any reason, We may cancel the True Link Visa Card. Termination shall not relieve You of any obligations accrued or liabilities incurred at the time of termination, and any authorizations given to Us under the Service shall remain in effect until the termination process is complete. Any transactions pending at the time of termination may be completed. Any funds remaining on a Card after all pending transactions settle will be returned to You.
16. Intellectual Property Rights. We grant You a limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Service solely to communicate with Us, the processor, the Card Issuer and other third parties for the stated purposes of the Service. True Link’s trademarks "TrueLinkFinancial.com," "True Link," and all logos related to the True Link services are either trademarks or registered trademarks of True Link. You may not copy, imitate, modify or use them without True Link’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of True Link. You may not copy, imitate, modify or use them without Our prior written consent. All right, title and interest in and to Our website, any content thereon, the True Link services, the technology related to the True Link services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of True Link and its licensors. If You are using True Link’s software application and/or website then True Link grants You a revocable, non-exclusive, non-sublicensable, nontransferable, royalty-free limited license to access and/or use True Link’s software in accordance with these terms and those of the website. This license grant applies to the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer Your rights in the software to a third party. You must comply with the implementation, access and use requirements contained in all documentation accompanying the True Link services. If You do not comply with implementation, access and use requirements You will be liable for all resulting damages suffered by You, True Link and third parties. True Link may update or discontinue any software upon notice to You. You agree not to modify, alter, tamper with, repair, copy, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the website, software or technology, or otherwise create any derivative works therefrom. You acknowledge that all rights, title and interest to True Link’s website, software and technology are owned by True Link and any third party service providers. You acknowledge that True Link does not own, control nor have any responsibility or liability for any such third-party service providers. We reserve all rights not expressly granted to You in this Software Service Agreement.
17. Ideas. You may choose, or We may invite You, to submit ideas or comments about the Service, including without limitation, about how to improve the Service (“Ideas”). You agree that Your Idea submissions are gratuitous and place Us under no fiduciary or other obligation, and that We may use Your Ideas or Our own ideas that may be derived from those Ideas without compensation or attribution and may disclose them to others on a non-confidential basis or otherwise.
18. Indemnity. Except where prohibited by law, and notwithstanding the Cardholder Agreement, You each agree jointly and severally to indemnify, defend and hold harmless Us, Our subsidiaries, Our processors and the Card Issuer (including each of their respective directors, officers, employees, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action or other proceeding instituted by them or any third party that arises out of or relates to (i) any act or omission by You in connection with any activities under this Software Services Agreement, including without limitation a claim by You that We (or the Administrator(s)) acted on behalf of the Cardholder without proper authority or failed to act in the best interests of the Cardholder; (ii) any actual or alleged breach by You of any representation, warranty or obligation set forth in the Software Service Agreement; (iv) any assertion that We are at least partially responsible or liable for any alleged improper or unauthorized act or omission by You; (v) Your violation of any law or the rights of a third party and/or the actions or inactions of any third party to whom You authorize to use or access Our Service/Platform, websites, software, systems (including any networks and servers used to provide any of the services) operated by Us or on Our behalf, or any of the services on Your behalf.
19. Disputes. All the parties to this Software Service Agreement agree that all Disputes will be settled by arbitration only, upon the request of any disputing party. The parties agree that they will seek to resolve informally any Disputes that arise. For purposes of this Software Service Agreement, “Disputes” include any claim, controversy or dispute (whether involving contract, tort, equitable, statutory or any other legal theory) between You, on the one hand, and Us or the Card Issuer (including Our processors, suppliers or licensors or their respective affiliates, agents, directors or employees) on the other, including but not limited to any claims relating in any way to this Software Service Agreement (including its breach, termination and interpretation), and any other aspect of the Service relationship. This Software Service Agreement and any Dispute will be governed by California law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within California without regard to its choice of law or conflicts of law principles that could require application of the law of another jurisdiction. Unless otherwise required by law, an action or proceeding by Cardholder or Administrator relating to any Dispute must commence within one year after the cause of action accrues.
20. Release. If the Cardholder and Administrator(s) have a dispute with one another, You agree to release Us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release You expressly waive any protections (whether statutory or otherwise, for example, California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims which You may know or suspect to exist in Your favor at the time of agreeing to this release.
21. Arbitration Agreement. Cardholder and Administrator each agrees to arbitrate individually all Disputes that they are unable to be resolved informally. Arbitration is more informal than a lawsuit in court, provides for less discovery and seeks to resolve disputes more quickly. Instead of via a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
    ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL: PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. UNLESS YOU EXERCISE YOUR RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY TRIAL, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED FOR IN THE ARBITRATION RULES), AND TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS OR IN ANY CONSOLIDATED ARBITRATION PROCEEDING OR AS A PRIVATE ATTORNEY GENERAL. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE IN ARBITRATION. ANY ARBITRATION RELATING TO THE SOFTWARE SERVICE AGREEMENT WILL ONLY BE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND CARDHOLDER AND ADMINISTRATOR IS EACH WAIVING THE RIGHT TO HAVE THEIR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST US.
    If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by: (1) the American Arbitration Association (www.adr.org) (“AAA”); or (2) JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. Cardholder and Administrator may elect to have their Disputes arbitrated by either AAA or JAMS. In every arbitration proceeding, the arbitrator shall decide all issues relating to the Dispute including, without limitation, any claim that this arbitration agreement or any provision of the Software Service Agreement is unconscionable.
    The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Any party to an arbitration under this agreement may elect, by notice to the other party or parties, to have the arbitration conducted as a non-appearance proceeding, which means the arbitrator will not meet with the parties or hear testimony, but will instead render a decision based on the documents the parties submit. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, We will pay all the arbitration fees. If a consumer claimant prevails on any claim for which that consumer is legally entitled to reasonable attorneys’ fees, that claimant may recover those fees from Us. Cardholder and Administrator shall have the same rights to remedies in arbitration as they would in court (including the right to obtain equitable remedies – such as injunctive relief).
    For purposes of this arbitration agreement, references to Cardholder, Administrator and Us also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users and beneficiaries of Our services.
    You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating arbitration by contacting them as follows:
    American Arbitration Association
    Web site: www.adr.org
    Telephone (800) 778-7879
    JAMS, The Resolution Experts
    Web site: www.jamsadr.com
    Telephone (949) 224-1810 or (800) 352-5267
    Location of Arbitration. Unless You and We agree to a different location, the arbitration will be conducted in the county where you reside.
    Waiver of Rights. You are waiving Your right to a jury trial, to have a court decide Your Dispute, to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and We agree that the arbitrator has no authority to conduct class-wide arbitration proceedings and is only authorized to resolve the individual Disputes between you and Us. The validity, effect, and enforceability of this waiver of class action lawsuit and class-wide arbitration, if challenged, are to be determined solely by a court of competent jurisdiction and not by the AAA, JAMS, or an arbitrator. If such court refuses to enforce the waiver of class-wide arbitration, the Dispute will proceed in court and be decided by a judge, sitting without a jury, according to applicable court rules and procedures, and not as a class action lawsuit. The arbitrator has the ability to award all remedies available by statute, at law, or in equity to the prevailing party.
    Applicable Law and Review of Arbitrator's Award. The arbitrator shall apply applicable federal and California substantive law and the terms of this Agreement. The arbitrator must apply the terms of this arbitration agreement, including without limitation the waiver of class-wide arbitration. The arbitrator shall make written findings and the arbitrator's award may be filed with any court having jurisdiction. The arbitration award shall be supported by substantial evidence and must be consistent with this Agreement and with applicable law, and if it is not, it may be set aside by a court. The parties shall have, in addition to the grounds referred to in the Federal Arbitration Act for vacating, modifying, or correcting an award, the right to judicial review of (a) whether the findings of fact rendered by the arbitrator are supported by substantial evidence and (b) whether the conclusions of law are erroneous under the substantive law of Minnesota and applicable federal law. Judgment confirming an award in such a proceeding may be entered only if a court determines that the award is supported by substantial evidence and is not based on legal error under the substantive law of California and applicable federal law.
    Survival. This arbitration provision shall survive: (1) cancellation, payment, charge-off, or assignment of this Agreement; (2) the bankruptcy of any party; and (3) any transfer, sale, or assignment of this Agreement, or any amounts owed under this Agreement, to any other person or entity.
    Right to Opt-Out. If you do not wish to agree to arbitrate all Disputes in accordance with the terms and conditions of this section, you must advise Us in writing at the following address by either hand delivery or a letter postmarked within thirty (30) days following the date you enter into this Agreement. You may opt-out without affecting your application or cardholder status.
    Legal Department
    True Link Financial, Inc.
    P.O. Box 581
    San Francisco, CA 94104
    Notices and Other Communications. All notices required or permitted under this Software Service Agreement shall be in writing. We may send written notices and communications to You electronically via email, through the Service by displaying links to notices generally on the web site or via mobile device. You are responsible for keeping Your profile information, including passwords, current. Electronic notices to Us shall be deemed effective when they are sent to an address or phone number set forth in this section or subsequently substituted as permitted, provided the sender maintains a record of sending that reasonably establishes the date sent. You may send notices and communications to Us at True Link Financial, Inc., PO Box 581 San Francisco, CA 94104 or such changed address or telephone number as We may substitute by notice. The parties may also send notices in paper format. Paper notices shall be deemed effective when received if sent prepaid via United States Postal Service, with a return receipt request. Paper notices shall also be deemed effective when received if sent by reputable courier service.
    Force Majeure. We shall not be liable for delays, failure in performance or interruption of the Service or Platform which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
    Miscellaneous. This Software Service Agreement, and any rights and licenses conveyed under it, may not be conveyed by You, but may be assigned by Us without restriction. Our processors and the Card Issuer are third-party beneficiaries under the Limitation of Liability and Indemnity sections of this Software Service Agreement, but for purposes of those sections only. If any provision of this Software Service Agreement is held to be invalid or unenforceable under any applicable law, then it shall be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. Headings are provided for convenience only and shall not be considered in interpreting this Software Service Agreement. Our failure to assert any right under this Software Service Agreement shall not constitute a waiver of such right. No waiver of any provision shall be deemed a waiver of any other in this Software Service Agreement or a continuing waiver of such provision. Any provision that is reasonably necessary to accomplish or enforce the purpose of this Software Service Agreement shall survive termination of this Software Service Agreement.