Your use of the Greenlight website, Greenlightcard.com (the“Website”), the Greenlight application for a mobile phone or any other device (the “Application”), and the Greenlight Services (defined below) are subject to your compliance with Greenlight’s terms and conditions of service (the “Terms of Service”). These Terms of Service constitute a legally binding agreement between Greenlight Financial Technology, Inc. (“Greenlight,” “we,” “our,” or “us”) and you, and describe the terms under which you agree to use the services, products, features, functions, technologies, or content offered on the Website, the Application, and all related sites and applications, regardless of how accessed, including by computer, mobile phone, tablet or any other device (collectively, the“Greenlight Services”). “Greenlight Account” means the non monetary service account in the Greenlight Application, established by the Primary Accountholder, through which the Greenlight Services are provided with regard to the Primary Account and any associated Sub-Account(s). The Greenlight Account does not hold any consumer funds; any consumer funds related to the Greenlight program described in these Terms of Service are held in the Card Account established and maintained by Community Federal Savings Bank on behalf of the Primary Accountholder. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Greenlight Services include a prepaid account service operated and managed by Greenlight that, among other features, provides the Primary Accountholder with the ability to control and monitor the Card(s), including specifically the ability to set spending parameters and approve purchases for any Sub-Account(s). “Primary Account” means the Primary Accountholder’s Card Account. The “Primary Accountholder” is the individual who opens and is responsible for the Card(s), the Primary Account, and any Sub-Account(s). A “Sub-Account” is a Card Account that serves as a sub-account of the Primary Account, established by the Primary Accountholder and utilized for the purpose of identifying, monitoring and approving Card transactions by a Sub-Account Cardholder. A “Sub-Account Cardholder” is any child or other individual for whom the Primary Accountholder serves as a legal guardian or trustee and who is authorized by the Primary Accountholder to use a Sub-Account. A “Card” means the Greenlight Prepaid MasterCard issued to the Primary Accountholder by Community Federal Savings Bank (“CFSB” or the “Bank”) for a Sub-Account Cardholder’s use and governed by the terms and conditions of the Community Federal Savings Bank Cardholder Agreement (the “Cardholder Agreement”). “Card Account”means the records that Community Federal Savings Bank maintains to account for the value of claims associated with each Card. Greenlight does not hold any consumer funds; any funds that you may add to your Card Account are solely held by CFSB.
These Terms of Service also cover the use of the Application to access (i) the optional Invest Account Services (defined below) under the Greenlight + Invest Plan described in Schedule A below, and (ii) the optional Greenlight Max Services (defined below) under the Greenlight Max Plan described in Schedule A below. In order to offer the Invest Account Services, Greenlight Investment Advisors, LLC, a Delaware limited liability company and wholly-owned subsidiary of Greenlight (“Greenlight Advisors”), will serve as a Securities and Exchange Commission (“SEC”) registered investment adviser, and DriveWealth, LLC (“DriveWealth”) will serve as an SEC registered broker dealer and member of Financial Industry Regulatory Authority, Inc. (“FINRA”) and Securities Investor Protection Corporation (“SIPC”). In addition, Virginia Surety Company, Inc., an Illinois corporation (“Virginia Surety”) will provide certain insurance coverage services in connection with the Greenlight Max Plan as further described in Schedule A below. Finally, Experian Information Solutions, Inc. and/or its affiliates (collectively, “Experian”) will provide certain credit monitoring, child dark web monitoring, and full service identity restoration services as further described in Schedule A below. Greenlight has no ownership interest in DriveWealth, Virginia Surety or Experian.
These Terms of Service govern the legal relationship between Greenlight, on the one hand, and the Primary Accountholder and each Sub-Account Cardholder, on the other hand. The Primary Accountholder has the ability at any time to assign certain responsibilities and obligations to a designee (hereinafter, the“Secondary Approver”), who is typically the spouse or close family relative of the Primary Accountholder. Unless these Terms of Service specify otherwise, all rights, privileges, and authorities of the Primary Accountholder under the Terms of Service are equally applicable to the Secondary Approver with the following exceptions: (1) the Secondary Approver cannot close the Primary Accountholder’s account; (2) the Secondary Approver cannot remove the Primary Accountholder's access to or control over the Card Account; (3) the Secondary Approver cannot open or close a Sub-Account; and (4) the Secondary Approver cannot approve any Invest transactions, but the Secondary Approver can approve funds transfers to or from the Invest Account.
By designating a Secondary Approver, you, the Primary Accountholder: (1) represent that the Secondary Approver is over the age of eighteen (18); and (2) agree to accept full responsibility for the Secondary Approver’s use of the Greenlight Services, including without limitation any and all financial charges and legal liability that the Secondary Approver may incur on behalf of you and/or your Greenlight Account as a result of his/her use of the Greenlight Services. You, the Primary Accountholder, can revoke the Secondary Approver’s authority at any time through the Application.
Unless specified otherwise in these Terms of Service, the terms“you,” “your” and “yours” refer to the Primary Accountholder, the Secondary Approver (if any), and each Sub-Account Cardholder.
The Greenlight Services are meant to assist you in managing the spending activities of Sub-Account Cardholders and to provide other products and services in the family financial management category. The Greenlight Services are not intended to provide legal, tax, or financial advice (with the exception of the registered investment adviser services being provided by Greenlight Advisors under the Greenlight + Invest Plan and the Greenlight Max Plan described inSchedule A). We reserve the right to change, modify, add to, discontinue, or retire the Greenlight Services and/or any aspect or feature of the Greenlight Services at any time, including the Greenlight Services that are being provided within a specific Card Plan. We will provide notice of any changes to the Greenlight Services or any particular Card Plan by posting them on the Website and the Application. If you are not satisfied with any changes to the Greenlight Services or the features included in your particular Card Plan, you have the right to change your Card Plan or terminate your Greenlight Account at any time as of the end of your monthly billing period as described under the heading “Card Plans and Features”appearing in Schedule A.
By using the Greenlight Services, the Primary Accountholder represents that (i) each of the Primary Accountholder and any Sub-Account Cardholders is a natural person; (ii) the Primary Accountholder or Secondary Approver is at least 18 years of age (or older if you reside in a state where the age of majority is older); and (iii) access to or use of the Greenlight Services by the Primary Accountholder or Secondary Approver and/or any Sub-Account Cardholder does not violate applicable laws. The Primary Accountholder represents that all Sub-Account Cardholders, which may include minors, are eligible to use Greenlight Services pursuant to these Terms of Service.
By signing up a Sub-Account Cardholder for a Sub-Account, you, the Primary Accountholder, represent and warrant that any identifying information that may be submitted by you, the Primary Accountholder, regarding the Sub-Account Cardholder’s identity is also true, correct, and complete. We may restrict, suspend, or terminate your access at any time to the Greenlight Services, any Card Plan, the Website, and/or the Application if we believe you have breached these Terms of Service.
We may allow you, the Primary Accountholder, to add your minor child as a Sub-Account Cardholder with a corresponding Sub-Account linked to your Primary Account, provided that you are his or her parent or legal guardian. By requesting Greenlight Services, you authorize us to make any inquiries, either directly or through third parties, including requiring you to provide documentation to us, either directly or indirectly, as we deem it necessary in our sole discretion to validate the information that you provide. Such inquiries may include engaging third parties to provide such services as age, identity and relationship verification. If we are unable to verify the information that you provide, we may (i) refuse to establish a requested Sub-Account; (ii) close an existing Sub-Account; (iii) close an existing Primary Account; and/or (iv) terminate your Greenlight Services. We reserve the right to request such information at the time of enrollment or at any time thereafter during which you are a Primary Accountholder. You acknowledge that these Terms of Service will apply to your minor child, and you hereby expressly accept these Terms of Service on behalf of your minor child. You further agree to and accept full responsibility for your child’s use of the Greenlight Services, including all financial charges and legal liability that he or she may incur on behalf of your Greenlight Account.
As a condition of your use of Greenlight Services, the Website, and/or the Application, you warrant that you will not use the Greenlight Services, the Website, and/or the Application for any purpose that is unlawful or prohibited by these Terms of Service. You understand, agree, and acknowledge that you may not and warrant that you will not (i) intentionally interfere with, alter, or damage operation of the Greenlight Services, the Website, the Application, or any user’s enjoyment of either the Greenlight Services, the Website, or the Application by any means; (ii) attempt to gain unauthorized access to the Greenlight Services, the Website, the Application, or any part of either the Greenlight Services, the Website, or the Application, or other accounts, computer systems, or networks connected to the Greenlight Services, the Website, or the Application; or (iii) disable, circumvent, or otherwise interfere in any way with Greenlight’s security-related features.
Funds may be added to your Primary Account, called“value loading”, at any time, subject to any restrictions in these Terms of Service or your Cardholder Agreement with Community Federal Savings Bank. The initial value load, as well as each value reload, is referred to in this Agreement as a “load.” Your Primary Account may be loaded via (i) a debit card transaction from your Funding Account; (ii) an ACH debit transaction from your Funding Account; (iii) a direct deposit of wages from an employer authorized by either you or a Sub-Account Cardholder; or (iv) a transfer from your “Invest Account” held at DriveWealth. A“Funding Account” is the Primary Accountholder’s or a Secondary Approver’s account at a third-party financial institution that is used to add funds to the Primary Account.
The Primary Accountholder or a Secondary Approver may load funds to the Primary Account by authorizing Greenlight, through the Application, to initiate a debit card transaction or an ACH transaction from any Funding Account for a specified amount on either a one-time or recurring basis. In addition, the Primary Accountholder and the Secondary Approver (if any) may load funds to the Primary Account by authorizing Greenlight Advisors, through the Application, to direct the transfer funds from the Primary Accountholder’s Invest Account to the Primary Accountholder’s Card Account. Such authorization shall be provided by the Primary Accountholder, or a Secondary Approver, as applicable, to Greenlight via the Application. BY CONNECTING A FUNDING ACCOUNT TO THE PRIMARY ACCOUNT, THE OWNER OF SUCH FUNDING ACCOUNT AUTHORIZES ANY PARTY WITH ACCESS TO THE PRIMARY ACCOUNT TO INITIATE LOADS FROM THAT FUNDING ACCOUNT. The Primary Accountholder shall remain liable for any value loading to the Primary Account, and any funds transfers from the Invest Account to the Card Account, that is authorized by a Secondary Approver, regardless of whether such Secondary Approver may exceed the scope of his/her authority given by the Primary Accountholder. In no event shall Greenlight, Greenlight Advisors or CFSB be held liable for processing any value load or transfer from the Invest Account to the Card Account requested and authorized by the Primary Accountholder, the Secondary Approver, or any other third party accessing the Application or Website with the Primary Accountholder’s log-in access credentials.
The Primary Accountholder or a Secondary Approver may load the Primary Account by debit card. The minimum debit load amounts, if any, will be described on the Application and may be updated from time to time.
The Primary Accountholder or a Secondary Approver may load the Primary Account by ACH. The minimum ACH load amounts, if any, will be described on the Application and may be updated from time to time.
The Primary Accountholder or Secondary Approver (each, individually, an “Authorizer” under this ACH Debit Authorization) authorizes Greenlight and the Bank to initiate one or more debit entries to the Funding Account(s) for the amounts requested by the Authorizer for purposes of funding the Card Account using the Automated Clearing House (“ACH”). The Authorizer authorizes Greenlight and the Bank to continue to debit the Funding Account(s) for requested Card Account loads until this authorization is revoked, which can only be done by calling 1-888-483-2645. The Authorizer understands that it may take Greenlight up to three (3) business days to process such a revocation. The Authorizer acknowledges that debits to the Funding Account(s) under this authorization must comply with U.S. laws.
Any Sub-Account Cardholder may load their account by direct deposit of wages or salary paid by an employer of such party. A Sub-Account Cardholder’s direct deposit will be attributed to the individual Sub-Account Cardholder’s Sub Account. The maximum aggregate amount of direct deposits to all Sub-Accounts is $5,000 per month. The minimum amount for each direct deposit to a Sub Account is $1.00.
In order to receive direct deposit value loads, the Sub-Account Cardholder must provide the employer with the account number and routing number of the Sub-Account. In order to obtain the account number and routing number for your Sub-Account, please contact Greenlight at 1-888-483-2645. You may be asked for certain identifying details regarding the Sub-Account including the Sub-Account Cardholder’s full legal name and social security number, the employer’s legal name and employer tax identification number (EIN), and the phone number for the Primary Accountholder or Secondary Approver who is approving the direct deposit value load for the Sub-Account Cardholder.
By authorizing a Sub-Account Cardholder to load their Sub-Account by direct deposit, you, the Primary Accountholder or Secondary Approver, are authorizing the employer to deposit funds into the Sub-Account. The direct deposit agreement between you and/or the Sub-Account Cardholder, on one hand, and the employer, on the other hand, may include additional terms and conditions outside the scope of these Terms of Service or the Cardholder Agreement, and you authorize the Sub-Account Cardholder to accept those additional terms and conditions, which shall govern in the event of any inconsistency between such direct deposit agreement, on the one hand, and any provision of these Terms of Service or the Cardholder Agreement, on the other. Greenlight reserves the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or Social Security number) that we have on file for the payee.
Limitations on aggregate load amounts are set forth above and associated fees may be found on the Fee Schedule in your Cardholder Agreement. Personal checks, cashier’s checks, and money orders sent to Community Federal Savings Bank or Greenlight are not an acceptable form of loading. You can obtain information on how to load your Primary Account within the Application. You will have access to initial and subsequent fund loads in accordance with the Community Federal Savings Bank funds availability policy. For value loads made via ACH, Greenlight may, in its sole discretion, make funds available sooner. The Primary Accountholder (and Secondary Approver, if any) are encouraged to use the Application to confirm when fund loads are available.
In addition to the above,in the event that the balance of your Card Account is insufficient to cover any amount owed, whether such amount is owed to Community Federal Savings Bank or Greenlight, you authorize Greenlight and Community Federal Savings Bank to debit your Funding Account for such amount owed.In such an event, Greenlight will send the Primary Accountholder an electronic notification, which will state the amount to be debited. The Primary Accountholder may revoke such authorization at any time by terminating enrollment in the Greenlight Services.
Greenlight may from time to time offer loyalty, award or promotional programs (“Promotional Programs”) to Greenlight customers, including the “Referral Programs,” the “Advocate Programs” and the “Sweepstakes Programs” described below. If you participate in any of the Promotional Programs, the following additional terms apply.
Greenlight may offer a Referral Program to Primary Accountholders and Sub-Account Cardholders. The terms and conditions of any specific Referral Program will be made available on the Website or the Application, and will be in addition to the terms and conditions of these Terms of Service. A “Referral Program” is an opportunity for you, the Primary Accountholder or the Sub-Account Cardholder, to promote and refer the Greenlight Services to potential customers (“Referred Customers”) with the intent that the Referred Customers will themselves become either Primary Accountholders or Sub-Account Cardholders receiving Greenlight Services. Any individual referred by you shall become a Referred Customer only if such individual (i) has not previously entered into an agreement with Greenlight to receive Greenlight Services; and (ii) has not been previously referred or introduced to Greenlight by another Greenlight customer.
Once Greenlight accepts the Referred Customer, you and/or the Referred Customer may be eligible to receive an award or benefit from Greenlight (a “Referral Reward”). As a general matter, a Referred Customer shall only be considered accepted once the Referred Customer (i) receives Greenlight Services through a Greenlight Account, as either a Primary Accountholder or Sub-Account Cardholder, for a period of not less than thirty (30) calendar days; and (ii) the Primary Accountholder on the Greenlight Account has paid their first monthly account service fee.
Notwithstanding the above, Greenlight may refuse to accept any Referred Customer, and such decision shall be at the sole discretion of Greenlight. Furthermore, your participation in the Referral Program does not guarantee the receipt of any Referral Reward by you or the Referred Customer. Referral Rewards associated with the Referral Program are subject to change at any time. The type, amount, value, or duration of Referral Rewards, if any, are determined at the sole discretion of Greenlight. The specific Referral Rewards in effect at any time will be those posted and described within the Website or Application at the time the potential customer becomes a Referred Customer. Greenlight reserves the right to terminate the Referral Program, or terminate or modify any aspect thereof, at any time and without notice. Referral Rewards earned prior to any modification or termination of the Referral Program will be honored by Greenlight. You shall use the Referral Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Referral Program for any use other than the promotional purpose for which it was intended.
You agree that that you will properly disclose your relationship with Greenlight in all communications with Referred Customers regarding the Greenlight Services and the Referral Program. Specifically, you must disclose the potential Referral Reward in your communication with Referred Customers. Your communication(s) with Referred Customers regarding the Greenlight Services, may not directly or indirectly state or imply that you are a Greenlight employee, intermediary, or agent, or that you are otherwise a legal representative of Greenlight.
Greenlight may offer an Advocate Program to certain users of the Greenlight Services (i.e., Primary Accountholders, Sub-Account Cardholders, Secondary Approvers). An “Advocate Program” is an opportunity for certain users to engage directly with Greenlight and other Greenlight users, complete certain challenges designed by Greenlight, and earn rewards or benefits.
Invitations to join the Advocate Program are extended to fans of Greenlight Services, by Greenlight, from time to time. Greenlight users may also request to join the Advocate Program. If you join the Advocate Program, you will receive special communications from Greenlight through the Website, Application, email, or social media channels which may include: (i) requests to complete challenges, which upon completion may result in an award of certain benefits; (ii) requests to provide input on existing or new Greenlight services and features; and (iii) access to the online Greenlight advocate community, where Greenlight users can share thoughts on their Greenlight experience. Your participation in the Advocate Program does not guarantee the receipt of any associated benefits. Benefits associated with the Advocate Program are subject to change at any time and are provided at the sole discretion of Greenlight, and Greenlight may terminate the Advocate Program, or any aspect thereof, at any time with or without notice. You shall use the Advocate Program strictly in accordance with these Terms of Service and in a manner consistent with all applicable local, state, national, and international laws. You will not use the Advocate Program for any use other than the promotional and informational purposes for which it was intended.
Greenlight may offer a “Sweepstakes” to Primary Accountholders and Sub-Account Cardholders from time to time in order to promote or encourage the use of the Greenlight Services generally or specific product features. Some examples include a customer referral Sweepstakes, a customer survey Sweepstakes and a savings goal Sweepstakes. In order to enter a Greenlight Sweepstakes, you will be typically be requested to participate in a promotional activity or you will be permitted to enter using a “no purchase necessary” alternative method of entry such as mailing your name and contact details on a postcard which includes the name of the Sweepstakes in the address line. All Sweepstakes prizes will be awarded by random drawing from among the eligible entrants. The odds of winning will vary by Sweepstakes but will be outlined in each individual Sweepstakes rules. Further, you will be required to complete and submit a signed Affidavit and Release in order to claim a prize if you are selected as a Sweepstakes winner. In addition, all federal, state, and local tax liabilities and any applicable fees associated with accepting a prize or participation in the Sweepstakes are the sole responsibility of the winner.
At its discretion, Greenlight may permit, limit, suspend, or terminate your participation in any Promotional Program. If you participate in a Promotional Program, you agree to do so in accordance with these Terms of Service, any additional terms related to the specific Promotion and in a manner consistent with all applicable local, state, national, and international laws and regulations. In your communications with anyone regarding the Greenlight Services, including Referred Customers, you may not directly or indirectly state or imply that you are an employee, intermediary, or agent, or are in any way authorized to legally bind Greenlight. You understand and agree that you will only contact individuals who have given you their consent to be contacted. You agree that you will participate in the Promotional Programs in ways that are respectful of the privacy of others, including refraining from spamming or engaging in otherwise unsolicited advertising or promotion of the Greenlight Services. You may not post referral information, including any referral code or link provided to you by Greenlight, on any event, coupon, discount, or related page or site. You also agree to participate in the Promotional Programs, and communicate with others about the Greenlight Services, in a truthful manner.
By submitting any information to Greenlight through your access to and use of the Greenlight Services (each, a “Submission”), you are licensing that Submission to Greenlight solely for the purpose of providing the Greenlight Services, and you represent that you are entitled to do so for this purpose. Further, if you respond to any surveys or interviews about the Greenlight Services or provide feedback about any Greenlight protype products and services (collectively, “Feedback”), then you agree that Greenlight, in its sole discretion, can use that Feedback in any way, including in future enhancements and modifications to the Greenlight Services. You hereby grant to Greenlight and its assigns a perpetual, worldwide, fully transferable, sub-licensable, fully paid-up, irrevocable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Submission and the Feedback in any manner for any purpose, whether in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets and all other intellectual property rights) in our Greenlight Services, the Website, and the Application, as well as our trademarks, service marks, designs, logos, URLs, and trade names that are displayed in connection with our Greenlight Services, the Website, and the Application.
By opening your Greenlight Account and accepting these Terms of Service, you consent to receiving electronic communications, which include any disclosure, notice, agreement, statement, schedule of fees, explanation of services, inquiry responses, or any other communication regarding any account, product or service provided to you, including Promotional Programs, directly or indirectly, by Greenlight and/or Community Federal Savings Bank (collectively,“E-Communications”).
You agree that we may provide E-Communications to you via email, via text message to a designated mobile device, or by posting them to the Website or delivering them you via the Application. E-Communications sent via email will be delivered to the email address registered to your Greenlight Account. If an E-Communication is sent via email and is returned as undelivered, we may use any other email address that we have for you, or deliver the E-Communication to you via the Application. You must notify us of any change in your email address or mobile device number by emailing email@example.com. Unless otherwise required by law, you agree that any E-Communication will be deemed received by you when sent by any means set forth above.
You may withdraw your consent to receive E-Communications by contacting Greenlight at firstname.lastname@example.org. The withdrawal of your consent to E-Communications will result in the immediate closing of your Greenlight Account and cessation of all related Greenlight Services.
You may contact email@example.com to request a paper copy of any communication provided electronically. Paper copies of electronic communications cost $4.99 per Account, which will be deducted from your current Greenlight balance. Greenlight may, in its discretion, close your Greenlight Account and cease all related Greenlight Services in the event of routine or multiple requests for paper copies of E-Communications.
In order to properly access and retain your E-Communications you must have (i) a personal computer (with monitor) or mobile device capable of accessing the Internet, displaying visual content, and sending and receiving emails; (ii) access to a printer capable of printing copies of emails, Website or Application content for your records (if you desire paper records); (iii) sufficient computer or mobile device hard drive, or cloud-based storage capability, capable of storing data, if you wish to store E-Communications; (iv) an Internet browser that supports 128-bit encryption; and (vi) a software program that accurately displays PDF files. For E-Communications provided in PDF format, Adobe Acrobat Reader 6.0 or later versions is required, a free copy of which may be obtained from the Adobe website at www.adobe.com. If any of the above system requirements change, and we believe that such change may create a material risk that you will be unable to access E-Communications, Greenlight will notify you of the new hardware/software requirements.
By opening your Greenlight Account and accepting these Terms of Service, you agree that we may call or send text messages to you regarding your Greenlight Account using any contact information relating to your Account, including any telephone number (i) you have provided to us; (ii) from which you have called us; or (iii) which we obtained and at which we reasonably believe we can reach you. You agree we may call or text any of these telephone numbers using an automatic telephone dialing system or an artificial or prerecorded voice. You agree to promptly notify us if you change any telephone number contact you provide to us.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, GREENLIGHT (INCLUDING OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), OUR AFFILIATES, SUBSIDIARIES, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; LOSS OF PROFITS, DATA, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES; THE FAILURE OF MERCHANTS TO HONOR THE CARD, OR TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES OR ANY FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, INCLUDING YOUR MOBILE PHONE OR OTHER DEVICE, ANY INTERNET SERVICE, ANY MOBILE PHONE NETWORK OR ANY OTHER COMMUNICATION NETWORK, OR ANY PAYMENT SYSTEM. WITHOUT LIMITING THE FOREGOING LIMITATION OF LIABILITY PROVISIONS, IN THE EVENT THAT WE ARE HELD LIABLE FOR DAMAGES TO YOU IN A COMPETENT LEGAL PROCEEDING, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXTRAORDINARY, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY GREENLIGHT SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
These Terms of Service and any Greenlight Services provided hereunder will be governed by and construed in accordance with the laws of the State of Georgia, without regard to any laws that would direct the choice of another state’s laws and, where applicable, will be governed by and construed in accordance with the federal laws of the United States.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE GREENLIGHT SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY OR OPERATION OF THE GREENLIGHT SERVICES OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR USE OF THE GREENLIGHT SERVICES IS AT YOUR OWN RISK.
CFSB and Greenlight may charge you a service fee for your Card Account and your access to the Greenlight Services. Your wireless carrier may charge fees for your data usage in connection with your use of Greenlight Services. The service fees for your Card Account and your access to the Greenlight Services are unrelated to any other fees that may be charged to you by a third party arising from your use of Greenlight Services. International Card transactions will be subject to the currency conversion rates of the card network operator (MasterCard), as such may be in effect and applied by MasterCard at the time of the Card transaction. Additional information about the fees for using the Greenlight Services is available at https://greenlightcard.com/terms#feesTable.
You agree to defend, indemnify, and hold harmless Greenlight, its officers, directors, agents, affiliates, subsidiaries, joint ventures, licensees, employees, shareholders, and any third-party partners, from and against all damages, expenses, losses, costs, or any other claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or regulation, or the rights of any third party.
You understand and agree that Greenlight has the absolute right to terminate these Terms of Service, in Greenlight’s sole discretion, for any reason, at any time. You will be notified in the event that Greenlight exercises this termination right within five (5) business days of such decision, but the termination will be effective immediately, regardless of whether you have read or received such notification. Unless terminated by you, your enrollment in the Greenlight Services shall automatically continue indefinitely.
You, the Primary Accountholder, may terminate these Terms of Service at any time by calling Greenlight Customer Service at 888-483-2645 and closing your Greenlight Account. A Primary Accountholder may close the Primary Account and/or any linked Sub-Account at any time according to the above procedures; if the Primary Account is closed, any linked Sub-Account(s) will also be closed. A Secondary Approver cannot close the Primary Account or any linked Sub-Account(s).
A termination of these Terms of Service, whether by you or Greenlight, will also result in the cancellation of your Cardholder Agreement and your Card Account.
Your right to use and access the Greenlight Services is personal to you and is not transferrable by you to any other person or entity. Neither these Terms of Service, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without our prior written permission. Any purported assignment without such permission shall be void.
These Terms of Service are solely and exclusively between you and Greenlight and you acknowledge and agree that (i) no third party, including any third-party partner or service provider of Greenlight is a party to these Terms of Service, and (ii) no third party, including any third-party partner or service provider of Greenlight, has any obligations or duties to you under these Terms of Service.
Any waiver of our rights under these Terms of Service must be in writing, signed by Greenlight, and any such waiver shall not operate as a waiver of any future breach of these Terms of Service. Our failure to exercise any rights or enforce any of these Terms of Service is not a waiver of such right or term.
In the event any portion of these Terms of Service is found to be illegal or unenforceable, such portion shall be severed from these Terms of Service to the minimum extent necessary, and the remaining terms shall be separately enforced so that these Terms of Service shall otherwise remain in full force and effect to the fullest extent permitted by law.
You warrant to Greenlight, as a condition to your use of Greenlight Services, the Website, and/or the Application, that your use of the Greenlight Services, the Website, and/or the Application shall at all times comply with all applicable laws, rules, and regulations. You are only entitled to use and access the Greenlight Services, the Website, and the Application for lawful purposes.
These Terms of Service, and all documents incorporated into these Terms of Service by reference including the documents linked below, constitute the entire agreement between you and Greenlight with respect to this subject matter and supersede any and all prior or contemporaneous or additional communications, negotiations, or agreements with respect thereto. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability, and general provisions shall survive any termination of these Terms of Service.
Greenlight Prepaid Mastercard Cardholder Agreement
You will be offered three different Greenlight Account plans to choose from with features and functionality that build upon each other and correspond with the monthly Card Account fee tiers offered by CFSB (each, a “Card Plan” and collectively, the “Card Plans”). The base level Card Plan with the lowest “Monthly Fee” (as described in the Cardholder Agreement) is referred to as the “Greenlight Plan,” the mid-level Card Plan is referred to as the “Greenlight + Invest Plan,”and the Card Plan with the most features is referred to as the“Greenlight Max Plan.” The Greenlight Plan includes all of the Greenlight Plan Services as described under “Greenlight Plan” below. The Greenlight + Invest Plan includes all of the Greenlight Plan Services, together with all of the Invest Account Services as described under “Greenlight + Invest Plan” below. Finally, the Greenlight Max Plan includes all of the Invest Account Services, together with all of the Greenlight Max Services as described under“Greenlight Max Plan” below. Notwithstanding the foregoing, both the Greenlight Plan and the Greenlight + Invest Plan offer a 1.00% Greenlight Savings Reward and no Cash Back to Savings Reward, while the Greenlight Max Plan offers a 2.00% Greenlight Savings Reward and a 1.00% Cash Back to Savings Reward. Both the Greenlight Savings Reward and the Cash Back to Savings Reward are included as additional bundled features under the applicable Card Plan at no additional cost to the Primary Accountholder other than the monthly subscription fee.
The Primary Accountholder is responsible for selecting the applicable Card Plan, and, once selected, the same Card Plan will apply to all Sub-Accounts associated with your Card Account. You will have the ability to switch Card Plans from time to time. If you elect to switch to a more expensive Card Plan, the Card Plan features applicable to the new Card Plan will become effective on your Greenlight Account on or before the next business day following such election. If you elect to downgrade your Card Plan to another Card Plan with a lower Monthly Fee, your Card Plan features on your Greenlight Account will be downgraded on your next Monthly Fee renewal date unless you elect to cancel the downgrade prior to such Monthly Fee renewal date.
The features and functionality included in each Card Plan are subject to change at any time, and any such changes will be communicated on the Greenlight Website, the Application and in these Terms of Service. You can upgrade or downgrade your Card Plan at any time, but not more often than once each monthly billing cycle.
If you select the Greenlight Plan, then you will have access to all of the core Greenlight Plan Services that have made Greenlight the leader in the family finance category. “Greenlight Plan Services” means the Primary Accountholder’s use of the Greenlight Account and Application to control and monitor the Card(s) that are issued to affiliated Sub-Accounts held by individuals for whom the Primary Accountholder is the parent or legal guardian, together with the features and functionality that are offered to the Primary Accountholder and Sub-Account Cardholder including, without limitation, the following.
Greenlight Savings Reward. “Greenlight Savings Reward” or “GSR” is a financial incentive paid monthly by Greenlight, and not by CFSB, to incent Sub-Account Cardholders to increase the balance of their General Savings and Savings Goals. The amount of the monthly GSR incentive for each Sub-Account (the “Monthly Sub-Account GSR Incentive”) is equal to (i) the Annual Savings Reward Rate; multiplied by (ii) the average daily balance of the sum of all savings purses within such Sub-Account including General Savings and all Savings Goals (the “Average Daily Savings Balance” or “ADSB”) for the previous month; divided by (iii) 12. The “Annual Savings Reward Rate” or “ASRR” will vary by Card Plan, but is equal to 1.00% for the Greenlight Plan and the Greenlight + Invest Plan and 2.00% for the Greenlight Max Plan.
The monthly GSR incentive for each individual savings purse will be calculated as (x) the Monthly Sub-Account GSR Incentive; multiplied by (y) the percentage ratio of such savings purse balance to the total balance of all savings purses in the Sub-Account as of the last day of the month (i.e., a percentage between 1% and 100%).
The GSR incentives will start being tracked on August 1, 2021 for an initial payout in early September 2021. The GSR incentives will only be paid by Greenlight on a maximum Average Daily Savings Balance of $5,000 per month per Primary Account and related Sub-Accounts.
In the event that the Average Daily Savings Balance of all Sub-Accounts under a Primary Account exceeds $5,000 in a month, then the GSR incentive for that month will be calculated assuming that the Average Daily Savings Balance is $5,000 and allocated across all Sub-Accounts on a pro-rata basis by comparing the Average Daily Savings Balance of each Sub-Account to the average daily balance of all Sub-Accounts. Within each Sub-Account, the GSR will be allocated among savings purses in the manner described above.
To qualify for the Greenlight Savings Reward, (i) the Primary Accountholder must have authorized Greenlight and the Bank (each, an “Authorizer”) to initiate debit entries to the Primary Accountholder’s Funding Account(s) for purposes of funding the Card Account using the Automated Clearing House (“ACH”) network and those Funding Account(s) must be verified by Greenlight; and (ii) the Primary Account must be in “Good Standing.” To be considered in “Good Standing” (i) the Primary Account and all Sub-Accounts must have a positive balance; and (ii) the Primary Accountholder must be current on the payment of all monthly subscription fees. In analyzing clause (ii) of the definition of “Good Standing”, (x) any Primary Account during the initial one month free trial period will be deemed to be current on the payment of all monthly subscription fees; and (y) any Primary Accountholder whose monthly subscription fees are waived for any reason, such as negotiated agreements between Greenlight and referral partners, shall not be considered to be current on the payment of the Primary Accountholder’s monthly subscription fees until such time as the Primary Accountholder, or the referral partner on its behalf, starts paying monthly subscription fees after any monthly subscription fee waiver period ends. The GSR earned on the balances held in any savings purse for any month will be credited to such savings purse prior to the 5th day of the following month, beginning September 5, 2021, and will appear as a credit in your Savings Reward History.
In the event that the Primary Account becomes deactivated at any time, then Greenlight shall have no obligation to make further GSR payments to the Primary Account or any related Sub-Account (i.e., credited to any savings purse) even if attributable to a prior month. In the event that any savings goal or Sub-Account within the Primary Account becomes deactivated at any time, then any GSR payments attributable to such saving goal or Sub-Account will be reallocated to general savings and other savings goals in the same Sub-Account (in the case of a deactivated savings goal) or other Sub-Accounts associated with the same Primary Account, and, if none, then Greenlight shall have no obligation to make GSR payments to the Primary Account for such month. Community Federal Savings Bank is not responsible for making any GSR payments for any balance held in either the Primary Account or any Sub-Account. At its discretion, Greenlight may, at any time, limit, revise, or terminate the GSR feature by amending these Terms of Service.
The Greenlight Plan Services are subject to change at any time, and any such changes will be communicated on the Greenlight Website and in these Terms of Service.
Greenlight does not hold any consumer funds at any time; all funds that you may add to your Card Account are solely held by CFSB.
If you select the Greenlight + Invest Plan or the Greenlight Max Plan, then you will have access to the Invest Account Services. “Invest Account Services” means the investment advisory services provided by Greenlight Advisors as an SEC-registered investment adviser and the brokerage services provided by DriveWealth as an SEC-registered broker-dealer and member of FINRA and SIPC. In addition, your Invest Account will be held by DriveWealth.
If you are approved to participate in the Invest Account Services, you may move funds from your Card Account held at Community Federal Savings Bank to your Invest Account held at DriveWealth and back from your Invest Account to your Card Account. Funds transferred from your Card Account to your Invest Account will be available within two business days although in many cases transfers may be available much quicker. Funds transferred from your Invest Account to your Card Account will also be available within two business days although in many cases transfers may be available much quicker.
When you instruct Greenlight Advisors to purchase securities on your behalf (either a specific dollar value or a specific number of shares), you are also authorizing us to transfer the corresponding amount of funds from your Card Account to your Invest Account. When you instruct Greenlight Advisors to sell securities on your behalf, you are also authorizing Greenlight Advisors to direct DriveWealth to sell the applicable securities, and, if you decide not to reinvest the proceeds from the sale of securities in new securities or retain the funds in the DriveWealth Invest Account pending other securities acquisitions, you are authorizing us to direct Greenlight Advisors and DriveWealth to transfer the proceeds from such sale from the DriveWealth Invest Account to your Card Account.
If your Card Account is closed, your Invest Account will also be closed in accordance with the Advisory Agreement and the Invest Terms of Service. In addition, your investments will be sold by DriveWealth and any proceeds, less applicable expenses, will be distributed to the Primary Accountholder.
If you select the Greenlight + Invest Plan or the Greenlight Max Plan, you authorize Community Federal Savings Bank and Greenlight to disclose your personal information to Greenlight Advisors and DriveWealth as necessary for Greenlight Advisors and DriveWealth to provide the Invest Account Services and related services.
YOU ACKNOWLEDGE AND AGREE THAT COMMUNITY FEDERAL SAVINGS BANK IS NOT PROVIDING ANY OF THE INVEST ACCOUNT SERVICES INCLUDED IN THE GREENLIGHT + INVEST PLAN AND THE GREENLIGHT MAX PLAN OR PROVIDING ANY INSURANCE OR CREDIT AND CHILD MONITORING SERVICES IN THE GREENLIGHT MAX PLAN. COMMUNITY FEDERAL SAVINGS BANK DOES NOT SERVE AS AN INVESTMENT ADVISOR OR A BROKER DEALER IN CONNECTION WITH THE INVEST ACCOUNT SERVICES. YOU ACKNOWLEDGE THAT GREENLIGHT ADVISORS, DRIVEWEALTH, VIRGINIA SURETY AND EXPERIAN ARE UNAFFILIATED THIRD PARTIES TO COMMUNITY FEDERAL SAVINGS BANK.
THE INVEST ACCOUNT IS NOT MAINTAINED BY COMMUNITY FEDERAL SAVINGS BANK, AND ANY SECURITIES OR FUNDS IN THE INVEST ACCOUNT ARE NOT DEPOSITS OR OTHER OBLIGATIONS OF COMMUNITY FEDERAL SAVINGS BANK, ARE NOT GUARANTEED BY COMMUNITY FEDERAL SAVINGS BANK, ARE NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, AND IS SUBJECT TO INVESTMENT RISKS, INCLUDING POSSIBLE LOSS OF THE PRINCIPLE AMOUNT INVESTED. YOU ACKNOWLEDGE AND AGREE THAT COMMUNITY FEDERAL SAVINGS BANK IS NOT LIABLE FOR ANY LOSSES OR DAMAGES OF ANY KIND THAT MAY ARISE FROM, OR IN CONNECTION WITH, THE INVEST ACCOUNT SERVICES, OR ANY INSURANCE OR CREDIT AND CHILD MONITORING SERVICES. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY CLAIM THAT YOU MAY HAVE AGAINST COMMUNITY FEDERAL SAVINGS BANK RELATING TO THE INVEST ACCOUNT SERVICES AND THE INSURANCE, CREDIT AND CHILD MONITORING SERVICES THAT ARE PART OF THE GREENLIGHT MAX SERVICES.
If you select the Greenlight Max Plan, then you will have access to the Greenlight Max Services. “Greenlight Max Services” means the Greenlight Plan Services (including Greenlight Savings Reward at a higher rate), the Invest Account Services, Cash Back to Savings, Portable Device Protection, Purchase Device Protection-Damage & Theft, Credit Monitoring, Child Dark Web Monitoring, Full Service Identity Restoration, Custom Cards, Concierge Level Customer Service, and any Value Added Services that may be included in the future.
“Cash Back to Savings” or “CBS” is a financial incentive paid monthly by Greenlight, and not by CFSB, to reward Sub-Account Cardholders for purchases made with their Greenlight Card. Cash Back to Savings will only be available to subscribers under the Greenlight Max Plan with purchases being tracked for incentives starting on August 1, 2021. The amount of the monthly Cash Back to Savings reward is equal to (i) 1.00%; multiplied by (ii) the total dollar value of posted Greenlight Card purchase transactions during the prior month; divided by (iii) 12. The Cash Back to Savings reward will be paid on or before the 5th day of each month for Greenlight Card purchase transactions that are posted before the end of the prior month. Please note that purchase transactions are posted when the transaction settlement is processed by the merchant acquirer and the funds for a purchase transaction are withdrawn by the applicable payment network. A debit purchase transaction may take several days to post, and, while we wait for the payment network to withdraw the corresponding funds, the transaction will be described as “pending” or similar language in your transaction history. Afterwards, the transaction will be described as “spent” or similar language. To be clear, the Cash Back to Savings reward will not be earned for ATM transactions or for certain blocked merchant category codes (MCCs), which are subject to change at any time at the discretion of the Greenlight and the Bank. The blocked MCCs may include, without limitation, Money Transfer (4829); Manual Cash Disbursements (6010); Quasi Cash Merchants (6051); Government Owned Lotteries (7800); Internet Gambling (7801); Government Licensed Horse/Dog Racing (7802); Gambling Transactions (7995); and Horse Racing; and Dog Racing and Non-Sport Internet Gaming (9754). To qualify for the Cash Back to Savings reward, (i) the Primary Accountholder must have authorized the Authorizer to initiate debit entries to the Primary Accountholder’s Funding Account(s) for purposes of funding the Card Account using the ACH network and those Funding Account(s) must be verified by Greenlight; and (ii) the Primary Account must be in “Good Standing” (as defined under Greenlight Savings Reward above). The Cash Back to Savings reward earned on purchase transactions will be credited to the Sub-Account Cardholder’s General Savings purse. If the Primary Account becomes deactivated at any time, then Greenlight shall have no obligation to make further Cash Back to Savings payments to the Primary Account or any related Sub-Account (i.e., credited to the General Savings purse) even if attributable to a prior month. In the event that any Sub-Account within the Primary Account becomes deactivated at any time, then any Cash Back to Savings reward payments attributable to such Sub-Account will be reallocated to or other Sub-Accounts associated with the same Primary Account, and, if none, then Greenlight shall have no obligation to make Cash Back to Savings payments to the Primary Account for such month. Community Federal Savings Bank is not responsible for making any Cash Back to Savings reward payments for any purchase transactions made with a Greenlight Card. At its discretion, Greenlight may, at any time, limit, revise, or terminate the Cash Back to Savings reward feature by amending these Terms of Service.
Please see “Greenlight Savings Reward” under the “Greenlight Plan Services” for a detailed description of this feature. Note that, under the Greenlight Max Plan, the Annual Savings Reward Rate is increased to 2.00%.
Portable Device Protection is an optional service that provides insurance coverage for the repair or replacement of covered Portable Devices in the event the device is lost, stolen or damaged. Coverage is provided by Virginia Surety, and starts on the first day of the month following your upgrade to the Greenlight Max Card Plan.
There is a $25.00 deductible per claim. Coverage is subject to certain limitations and exclusions which are detailed in the Guide to Protection Benefits, which can be found in the Disclosure Library on the Greenlight Website. To be eligible for coverage, your Card Account must be active; all Monthly Fees for your Card Account must be current; and you must download and use the Greenlight Application on the covered Portable Device.
Coverage for Portable Device Protection is not available to residents of the State of New York.
Purchase Protection is an optional service that provides insurance coverage for the repair or replacement of items purchased with a Covered Card in the event the item is damaged or stolen. Coverage is provided by Virginia Surety, and starts on the first day of the month following your upgrade to the Greenlight Max Card Plan.
Coverage is subject to certain limitations and exclusions which are detailed in the Guide to Protection Benefits which can be found in the Disclosure Library on the Greenlight Website. To be eligible for coverage, your Card Account must be active; Monthly Fees for your Card Account must be current; and you must download and use the Greenlight Application.
The Credit Monitoring and Child Monitoring Service is an optional service provided by Experian® and/or its affiliates (collectively, “Experian”), which provides the following benefits and is subject to the following limitations:
The Premium Card is an optional product that allows you to select from exclusive card designs that will only be made available to Greenlight Max Plan subscribers. These exclusive designs will be updated from time to time potentially with new colors and materials.
Concierge Level Customer Service is an optional service which routes any customer service calls from a phone number recognized by our system to be associated with your Card Account directly to our Tier 2 customer service agents with greater access to additional information about your account and generally shorter wait times.
If you select the Greenlight Max Plan, you may be offered additional products and features under the Greenlight Max Plan from time to time, which will be explained in more detail on the Greenlight Website, the Application, and in these Terms of Service.
In addition to the three different Card Plans, there are other Ad Hoc products and services offered by Greenlight and/or CFSB in exchange for the payment of a separate fee. These Ad Hoc products and services include the following (as amended from time to time):
A “Greenlight Gift” is a simple way for relatives and friends (the “Gifter”) to provide cash loads as gifts to a Primary Accountholder or a Sub-Account Cardholder for any occasion. In order to provide any current Primary Accountholder or Sub-Account Cardholder a Greenlight Gift, the Gifter must take the following steps.
Once the Gifter completes a Greenlight Gift purchase, the Gifter will be sent an email confirmation with the details of the Greenlight Gift that was purchased as well as the message that accompanied the Greenlight Gift. If you selected “Email” or “Text” as the delivery method, the gift redemption code will be sent directly to the recipient. If you selected “Print” as the delivery method, you’ll need to print the page with the gift redemption code and give it to the recipient.
Greenlight offers the “My Card Creation” service subject to the following terms and conditions. These terms and conditions are in addition to those found in your Cardholder Agreement. The Primary Accountholder and each Sub-account Cardholder agrees to these terms, and Greenlight reserves the right to modify the terms at any time in its sole discretion. Greenlight also reserves the right to terminate the My Card Creation service at any time.
The My Card Creation service allows you to upload a personal image to Greenlight for customizing the Card issued pursuant to your Cardholder Agreement. Greenlight has the sole discretion to accept or reject any image. The “Image Guidelines” below will help you choose an acceptable image. If your image does not meet these image guidelines, or if we reject it for any other reason, we will send you an email and invite you to try again using a different image. Greenlight reserves the right to exclude anyone from future use of the My Card Creation service who submits or repeatedly submits images that do not follow the Image Guidelines.
(ii) Image Guidelines
Images submitted to us will be rejected if they contain any of the following:
(iii) Representations, Warranties and Indemnifications
By submitting any image to Greenlight through the My Card Creation Service, you make the following representations and warranties to Greenlight, Community Federal Savings Bank, and their respective employees, agents, affiliates, and third-party vendors with respect to such submitted image:
The Primary Accountholder is specifically deemed to make the foregoing representations and warranties with regard to any image submitted by a Sub-Account Cardholder who is a minor child. Greenlight encourages the Primary Accountholder to review all images that may be submitted to Greenlight by Sub-Account Cardholder(s) who are minor children, as the Primary Accountholder assumes full legal and financial responsibility for such submissions.
By using the My Card Creation service, you further agree to indemnify, defend and hold Greenlight, Community Federal Savings Bank, and their respective affiliates, subsidiaries, and card membership organizations, and each of their respective shareholders, officers, directors, employees, agents, members, contractors and representatives, from any and all claims, liabilities, losses, costs and expenses of any nature whatsoever (including but not limited to attorney's fees) that may arise from the issuance or use of your customized Card with your submitted image on it, including (without limitation) any and all claims alleging trademark or copyright infringement, and/or the violation of a right of privacy or publicity or any other right.