Unlimited Industries Associates, Inc. Terms of Service
Last Updated: 11/7/2022
The following documents and disclosures referenced in this Agreement are available at the following links:
Section I. GENERAL TERMS AND CONDITIONS
Section II. MOBILE APPLICATION ADDITIONAL TERMS AND CONDITIONS
Section III. WEBSITE ADDITIONAL TERMS AND CONDITIONS
EXHIBIT A. SERVICE FEES AND FUNDING SOURCES
SECTION I. GENERAL TERMS AND CONDITIONS
1. Agreement, Related Agreements, and Governing Law.
1.1. This Agreement is a contract between Unlimited Industries Associates Inc. (hereinafter "UnlimitedIA", "We," "we," "Us," us," "Our" or "our,") and you (hereinafter "Customer," "You," "you," "Your" or "your") in connection with your use of the UnlimitedIA Debit Card mobile application (hereinafter “Mobile app” or “mobile app”) and UnlimitedIA Website (hereinafter “Site”) (collectively “Services”). Please see the definitions section below for a full list of services. As indicated within this Agreement, certain sections may only be specific to the Mobile app or Site referenced in that section. By accessing the Mobile app or Site you acknowledge that you have read and agree to this Agreement, including without limitation, the provisions of this Agreement that apply specifically the Mobile app or Site. You also acknowledge that this Agreement has been accepted by one or more of the persons who established the Transaction Account(s) and/or the Program Partner Account(s) (hereinafter “Accounts” or “accounts”) that are accessed by the Mobile app or Site. This Agreement applies to all persons that are parties to the Accounts. Please read this Agreement carefully and keep a copy for your records.
1.2. This Agreement amends, the Cardholder Agreement governing your Accounts with respect to the Services provided herein, which terms and conditions are restated and incorporated herein by reference. The Services are subject to the Cardholder Agreement, including without limitation, the arbitration provisions provided within the Cardholder Agreement, terms or instructions appearing on a screen when using the Service, and other applicable documentation governing any matter related to your use of the Services. In the case of a discrepancy between this Agreement and the Cardholder Agreement relating to your use of the Services, Cardholder Agreement will control except with respect to, otherwise the this Agreement controls.
1.3. The Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Service is not offered to minors or anyone below the age of 18. By using the Service, you represent that you meet these requirements and that you agree to be bound by this Agreement. These Terms of Use are governed by and shall be interpreted under the laws of the State of Delaware, excluding its conflict of law principles.
2. General Definitions
Capitalized terms used generally throughout this Agreement shall have the meanings as defined below or, in the case of terms that are specific to the Mobile app or Site as defined within the section applicable to that section.
2.1. “Program Partner” means UnlimitedIA and referenced in the Carholder Agreement.
2.2. “Program Partner Account” means the account with UnlimitedIA.
2.3. “Card” means a Mastercard or Visa branded debit card. Said card may be virtual, physical or both and is referenced in the Cardholder Agreement.
2.4. “Bank” means the legal entity providing the Transaction Account and is associated with both Apto Payments Inc. (hereinafter Apto) and us.
2.5. "Transaction Account" means the account provided by the Bank and referenced in the Cardholder Agreement.
2.6. "Affiliates" mean companies related UnlimitedIA by common ownership or control.
2.7. "Account Balance" means any and all funds in the Program Partner Account or Transaction Account without regard to any pending activity. Please refer to the Cardholder Agreement for more information.
2.8. “Mobile App” and “Mobile App Services” means the service that permits electronic access to Accounts and use of certain functions accessed via software downloaded to supported handheld devices via the handheld device’s applicable app store or directly from Site.
2.9. "Mobile Device" means a mobile device which is capable of accessing the Services by Mobile App or Site.
2.10. “Service” or “Services” means, individually one of the following, as applicable based on the context and circumstances, and collectively all of the following services: UnlimitedIA Debit Card, UnlimitedIA Debit Card mobile application, UnlimitedIA Website.
2.11. "Service Provider" means companies that we have engaged to render some or all of the Services to you on our behalf, including the UnlimitedIA Debit Card and Accounts. These companies include, but are not limited to, Apto and Bank.
2.12. "Site" means the UnlimitedIA website through which the Services are offered.
2.13. "We," "our," and "us" mean UnlimitedIA.
2.14. "You" and "your" mean each Transaction Account holder or Program Partner Account holder or party authorized to access such accounts by the respective account holder.
3. Mobile app and Site Functions
3.1. Mobile app and Site gives you access to the following features and functions:
• Access to Accounts electronically
• View Transaction Account information (e.g. routing number and account number)
• View transactions made on Transaction Account and/or Program Partner Account
• Order physical Cards
• Suspend Cards
• View balance
• Contact support
4. Password and Security
4.1. Password
1. You are required to establish a username and password to sign in to the Site and access the Services. In addition you may be provided a One-Time-Password (OTP) from time to time for the purposes of additional verification. Using your password or OTP to access the Services has the same effect as your signature authorizing transactions.
2. We may ask, at our sole discretion, for picture or video verifications to access the Services.
3. You agree not to give or make available your password, including any OTP, to anyone you have not authorized to access your Transaction Accounts, or allow other means of access to your Transaction Accounts by any unauthorized individuals. Anyone to whom you disclose your password or any OTP, anyone who has access to your password any OTP used to access the Services will have full access to the Services, including full access to your Transaction Accounts. You are responsible for all payments you authorize using the Services. If you permit other persons to use your password, or OTP, or other means to access the Services, you are responsible for any transactions they authorize.
4.2. Lost or Stolen Security Information.
If you believe that your password has been lost or stolen or that someone may attempt to use your password to access the Services without your consent, you must inform us at once at the email provided in Paragraph 13 of the General Terms and Conditions.
5. Service Cancellation, Termination or Suspension by Us, and Other Remedies for Breach.
5.1. You agree not to use your Account or the Service in any illegal activity. If we have reason to believe that you have engaged in any prohibited activities or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Services; notify law enforcement, regulatory authorities, impacted third parties and others as we deem appropriate; refuse to provide our services to you in the future; and/or take legal action against you. In addition, we, in our sole discretion, reserve the right to terminate this Agreement. We may modify, suspend or terminate your privilege of using all or any part of the Services and may withhold approval of any transaction, at any time, without prior notice to you. In the event we terminate your access to any of the Services we will try to notify you in advance but are not required to do so. You will be notified as soon as practicable. For security purposes, if you do not use our Services for an extended period of time, we may suspend and/or terminate your access to our Services described in this Agreement.
5.2. The remedies contained in this Paragraph 5 of the General Terms and Conditions are cumulative and are in addition to the other rights and remedies available to us under this Agreement, by law or otherwise.
5.3. If you wish to terminate this Agreement and your access to the Services please notify us by email or in writing using the contact information listed under Paragraph 13 of the General Terms and Conditions. We will process your request with reasonable promptness, but your termination request will not become effective until we have had a reasonable opportunity to act on it. Transactions processed after we received your termination request but before we have had the opportunity to act on it will be completed. Any transactions scheduled to occur after we have completed your termination request, including recurring transactions, will not be processed.
5.5. Neither the termination of this Agreement, nor the suspension of your access shall affect your liability or obligations under this Agreement.
6. Providing a Phone Number and/or Email Address.
By providing a phone number, mobile phone number and/or an email address, you are expressly consenting to receive communications at that phone number or email address from us, our agents and Service Providers. Such communications may include, but are not limited to, emails, text messages, prerecorded or artificial voice message calls, including calls made by an automatic telephone dialing system, and text messages. The reason for contacting you may include, validating your identity, validating or processing a transaction that you have requested through the Services or to obtain reimbursement for amounts owed to us or a Service Provider. You cannot withdraw your consent to be contacted related to your use of the Services, including without limitation, by Service Providers.
7. Your Privacy.
Protecting your privacy is very important to us. Please review our Privacy Policy at the link located at the beginning of this agreement in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
8. Privacy of Others.
If you receive information about another person through the Services, you agree to keep the information confidential and only use it in connection with the Services.
9. Taxes.
It is your responsibility to determine what, if any, taxes apply to any transactions you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transactions, or for collecting, reporting or remitting any taxes arising from any transaction.
10. Service Fees
You authorize us to charge you the service fees identified in Exhibit A of this Agreement in addition to any fees set forth in any fee schedule that is disclosed with the Cardholder Agreement, any of which may be amended by us or our Service Providers from time to time.
11. Address or Other Contact Information Changes.
It is your responsibility to ensure that the contact information provided to us on the Mobile app, Site or provided to our Service Providers is current and accurate. This includes, but is not limited to your, name, address, phone numbers and email address. Changes can be made either within the Mobile app, our Site or by contacting our Card Support as set forth in Paragraph 13 under the General Terms and Conditions.
12. Your Liability for Unauthorized Transactions
Immediately following your discovery of an unauthorized transactions, you shall communicate with Card Support for the Service in the manner set forth in Section 13 Notices; General Contact Information of the General Terms. You acknowledge and agree that time is of the essence in such situations.
13. Notices; General Contact Information
If you need to contact us about your Transaction Account, Program Partner Account or this Agreement, especially if you believe an unauthorized transaction has occurred on any of your accounts or your password has been lost or stolen or that someone may or has fraudulently accessed your Transaction Account or Program Partner Account without your permission, contact the Card Support by using the secure messaging service available in the Mobile app or Site, or by email or regular mail at:
Email: cardsupport@unlimitedia.com
Mail: Unlimited Industries Associates, Inc.
Attn: Card Support
318 Riverside Ave.
Medford, MA 02155
14. Disclosure of Account Information to Third Parties
We and our Service Providers will disclose information to third parties about your Account(s) or the transactions you make:
• That we believe are necessary to complete or document transactions, to investigate possible unauthorized transactions, to resolve errors or claims or to combat fraud;
• Where it is necessary for activating additional services;
• To verify the existence and condition of your Account for a third party, such as a credit bureau, a Biller, another financial institution, or a merchant;
• To a consumer reporting agency for research purposes or for other purposes otherwise specified herein;
• In response to government agency inquiries, orders or subpoenas;
• In response to court orders, subpoenas, garnishments, levies or other legal process;
• To companies affiliated with us in accordance with our Privacy Policy;
• To comply with laws, rules and regulations;
• If you give us your written permission.
The circumstances under which we may provide information about your accounts to affiliates and/or third parties are as set forth in our current Privacy Policy. You agree that we may deliver our privacy notices and opt-out notices to you by making them available on www.unlimitedia.com. To access the privacy notice go to www.unlimitedia.com/privacy_policy.
15. Additional Privacy Information and User Information for the Services.
You acknowledge that in connection with your use of the Services, we and our affiliates and Service Providers, and their affiliates, may receive and may share with one another names, domain names, addresses, passwords, telephone and device numbers, the content of messages, data files and other data and information provided by you or from other sources in connection with the Services (collectively "User Information"). We and our affiliates and service providers will maintain reasonable safeguards to protect the information from unauthorized disclosure or use, but reserve the right to use and disclose this information as reasonably necessary to deliver the Services and as otherwise permitted by law, including compliance with court orders or lawful instructions from a government agency, to protect the personal safety of customers or the public, to defend claims, and as otherwise authorized by you.
We and our affiliates and service providers also reserve the right to monitor use of the Services for purposes of verifying compliance with the law, these terms and conditions and any applicable license, but disclaim any obligation to monitor, filter, or edit any content.
16. Acceptable Use.
You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Services, regardless of the purpose of the use and for all communications you send through the Service. In addition, you are prohibited from using the Services for communications or activities that (a) violate any law, statute, ordinance, or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime, (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous, (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device or manual process to monitor or copy the Service or the portion of the Site through which the Service is offered without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Service, or interfere or attempt to interfere, with the Site or the Service; and/or (j) may cause us or our Service Providers to lose any of the services from our internet service providers, payment processors or other vendors. We encourage you to notify us by contacting our Card Support Section at the email or mailing address listed under Paragraph 13 under the General Terms and Conditions, for any violations of this section or the Agreement generally.
17. Information Authorization.
Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other necessary information. Additionally, we and our Service Providers may use your information for risk management purposes and may use, store and disclose your information acquired in connection with this Agreement as permitted by law, including without limitation, any use to effect, administer or enforce a transaction or to protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. We and our Service Providers shall have the right to retain such data even after termination or expiration of this Agreement for risk management, regulatory compliance, audit reasons, and as permitted by applicable law for everyday business purposes.
18. Receipts and Transaction History.
You may view your transaction history by logging into the Service and looking at your transaction history. You agree to review your transactions by this method instead of receiving receipts by mail.
19. Service Availability.
32.1. We will attempt to make the Services available on a continuous basis. Maintenance requirements, however, whether scheduled or emergency, may result in system unavailability from time to time. We will try to conduct scheduled maintenance during non-peak hours. Services accessibility may also be interrupted due to conditions beyond our control, including outages in internet or Mobile Device carrier. If that occurs, we will attempt to re-establish the Services as quickly as possible.
32.2. Although we will attempt to provide accurate and current information about your account, such information is not provided on a real-time basis and therefore there may be a delay between the time that a transaction occurs and when it appears on your account, as viewed through the Services. We are not responsible or liable for any problems you my experience as a result of any inconsistency or delays with respect to information about your accounts.
20. Service Providers.
The Service is offered through one or more Service Providers that we have engaged to render some or all of the Service to you on our behalf. You agree that we have the right under this Agreement to delegate to Service Providers all of the rights and performance obligations that we have under this Agreement, and that the Service Providers will be third party beneficiaries of this Agreement and will be entitled to all the rights and protections that this Agreement provides to us.
21. Exclusion of Liability and Warranties
THE SITE, ANY OTHER SERVICES PROVIDED BY US, AND RELATED DOCUMENTATION, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
22. Limitation of Liability.
THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE, FOR THE SERVICES AND THE SITE. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES OR SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET OR WIRELESS DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE OR MAINTENANCE OF THE SERVICES OR THE SITE, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES OR THE SITE THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICES, THE SITE AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
23. Intellectual Property.
All marks and logos related to Mobile app or any of our Services are either trademarks or registered trademarks of us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress or those of our licensors. You may not copy, imitate, or use any of the above without our prior written consent, which we may withhold in our sole discretion, and you may not use them in a manner that is disparaging or display them in any manner that implies our sponsorship or endorsement. All right, title and interest in and to Mobile app and Services, the technology related to them, and any and all technology and any content created or derived from any of the foregoing, is our exclusive property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding our Mobile app or Services shall be considered an uncompensated contribution of intellectual property to us and our licensors, shall also be deemed our and our licensors’ exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us and our licensors a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.
24. Links and Frames.
Links to other sites may be provided on Mobile app or Site for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to Mobile app or site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you out of the Mobile app or Site. These other sites may send their own cookies to users, collect data, solicit personal information.
25. No Waiver
We shall not be deemed to have waived any of our rights of remedies hereunder unless we provide a written waiver, signed by an authorized officers of UnlimitedIA. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or wavier of any rights or remedies on future occasions.
26. Notices and Amendments.
Any part of this Agreement, including without limitation applicable fees and service charges, may be amended by us from time to time. We will notify of any changes to this Agreement as required by applicable law. We may provide notices to you regarding the Services and this Agreement and as well as any changes to the Services or amendments to this Agreement by posting the notice on Site or Mobile app, sending you an in-product message with the Service, emailing the notice to an email address that you have provided to us, mailing the notice to any postal address that you have provided to us, or by sending the notice as a text message to any mobile phone number that you have listed with us. Any use of any of the Services after we provide you a notice of change will constitute your agreement to such change(s). Further, we may, from time to time, revise or update the applications, services and/or related material, which may render all such prior versions obsolete. Consequently, we reserve the right to terminate this Agreement as to all such prior versions of the applications, services and/or related material and limit access to only the Services' more recent revisions and updates. In addition, you agree to receive all legally required notifications via electronic means if we choose to provide notice electronically. Unless otherwise indicated, Amendments posted in Site or Mobile app will be effective on the date posted.
27. Indemnification.
You agree to defend, indemnify and hold harmless us and our Affiliates and Service Providers and their Affiliates and the employees and contractors of each of these, from any loss, damage, claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the applicable Service, including without limitation a third party claim, dispute, action or allegation of infringement, misuse or misappropriation based on information, data, files or otherwise in connection with your use of the Services or your violation of any law or rights of a third party.
28. Release.
You release us and our Affiliates and Service Providers and the employees and contractors of each of these, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute that may arise between you or one or more other users of the Site or the applicable Service. In addition, if applicable to you, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.
29. Miscellaneous.
All trademarks, service marks and trade names referenced in this material are the property of their respective owners.
30. Assignment.
You may not transfer or assign any rights or obligations you have under this Agreement to any other party. We may assign this Agreement to our successor in interest or to any, directly or indirectly, affiliated company. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
31. Entire Agreement, Severability, Captions and Survival.
This Agreement sets forth the entire understanding between us and you with respect to the Services and supersedes any proposal or prior agreement, oral or written, and any other communications between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions in this Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections of this Agreement which by their nature should survive, will survive the termination of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or agent of ours (including but not limited to Card Support personnel), the terms of the Agreement will prevail.
SECTION II. MOBILE APPLICATION ADDITIONAL TERMS AND CONDITIONS
The terms and conditions in this Section II apply only to the UnlimitedIA Mobile Application Additional Terms and Conditions described in more detail in this section. Capitalized terms that are not otherwise defined in this Section II, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section II and the terms and conditions found elsewhere in this Agreement or the Cardholder Agreement, the order of government shall be the terms and conditions in the Cardholder Agreement then followed by this Section II.
1. Mobile App Services.
1.1. The Mobile App allows you access to your accounts’ information. To access the Mobile App, you must download the Mobile App to a supported Mobile Device. After you have downloaded the Mobile App to a supported Mobile Device, you may access your accounts using username and password or OTP. Please see Paragraph 4 of the General Terms and Conditions regarding usernames, passwords and OTP security.
1.2. Questions: Please contact our Card Support as provided under Paragraph 13 of the General Terms and Conditions.
1.3. Mobile App may not be available from time to time due to reasons outside of our reasonable control, your Mobile Device carrier, or any service provider.
2. Your Obligations.
You accept responsibility for making sure that you know how to properly use your Mobile Device and we will not be liable to you for any losses caused by your failure to properly use the Service or your Mobile Device.
3. Mobile Device Carrier.
3.1. You agree that any use by you of the Services may be also subject to the terms and conditions of any agreements you have with third party service providers, such as your Mobile Device Carrier and that these Terms and Conditions do not amend or supersede any of those agreements. Those agreements may contain requirements and limitations, including your responsibility for fees and charges, which may impact your use of the Services. You agree that you are solely responsible for all such fees, service charges, limitations and restrictions.
3.2. Only your Mobile Device Carrier is responsible for its products and services. You agree to resolve any problems with your wireless provider directly without involving us.
3.3. We assume no responsibility for the operation, security, functionality or availability of any wireless phone device or mobile network which you utilize to access the Services.
3.4. The Services may not be accessible over some mobile networks.
SECTION III. WEBSITE ADDITIONAL TERMS AND CONDITIONS
The terms and conditions in this Section III apply only to the UnlimitedIA Website Additional Terms and Conditions described in more detail in this section. Capitalized terms that are not otherwise defined in this Section III, shall have the meanings attributed to them elsewhere in this Agreement. These terms and conditions are in addition to, and not in place of, the other terms and conditions of this Agreement. In the event of a conflict between the terms and conditions in this Section III and the terms and conditions found elsewhere in this Agreement or the Cardholder Agreement, the order of government shall be the terms and conditions in the Cardholder Agreement then followed by this Section III.
INTRODUCTION. UnlimitedIA and affiliates provide access to their Site subject to the following terms and conditions of website use ("Terms of Use"). By accessing the Site and any pages thereof, you hereby consent to and accept the Terms of Use, including as they may change from time-to-time. UnlimitedIA. and affiliates may change the Terms of Use at any time without notice and updated Terms of Use will be posted on the Site.
ADDITIONAL DEFINED TERMS. The following terms are defined for the remainder of the Terms of Use.
UnlimitedIA – "UnlimitedIA" refers to UnlimitedIA. and affiliates.
Internet service provider – "ISP" refers to Internet service provider.
SOFTWARE AND HARDWARE REQUIREMENTS. To access the Site, you must obtain access to the Internet which involves computer hardware (e.g., computer, modem) and software (e.g., web browser) requirements. You are solely responsible for any fees and charges related to your access to the Internet, including but not limited to any ISP fees, telephone charges and cellular provider charges. Certain segments of the Site require additional hardware and/or software to effectively use the Site and to sign up for various products and services online. UnlimitedIA requires you to use a web browser that supports adequate security measures which includes the use of Secure Socket Layer (SSL) encryption technology with 128 bit encryption, and such standards may change from time-to-time as determined by UnlimitedIA. UnlimitedIA recommends you use adequate anti-virus and anti-spyware software and that you keep such software current to help you avoid data compromise and related losses. You are responsible for selecting all systems, hardware and your ISP. You are also responsible for any defect, malfunction or interruption in service or security due to hardware failure, your choice of ISP and systems and computer services. UnlimitedIA is not responsible for any computer virus or related problems that may arise with your use of the Site, products or services.
LINKS TO OTHER SITES/WEBLINKING. The Site contains a variety of web links to third-party websites. These links are provided as a convenience to you and such third-party websites are not under UnlimitedIA control. UnlimitedIA makes no representations or warranties as to the accuracy and information on or from other websites. Please be advised that the privacy policy and security policy of third-party linked websites are not that of UnlimitedIA.
PRIVACY. Please refer to the UnlimitedIA Privacy Policy. This Privacy Policy reflects our understanding and expectations at the time we provide it, but may change from time-to-time. No information communicated by UnlimitedIA regarding its privacy policy statement alters, amends or creates any contractual relationship and does not constitute any type of warranty. The following information is supplemental privacy information pertaining to the Site environment. To serve you better, the Site was set up to capture your domain name and email address. By capturing this information we will be able to provide you with updates to our Site, notify you of new products and services being offered and allow us to enhance our Site based on traffic trends. UnlimitedIA and UnlimitedIA’s Service Providers may use a "cookie" or similar text files on some pages of our Site. A "cookie" is an element of data that a website can send to your browser, which may then store it on your system. A cookie helps a website to recognize whether or not you have visited the website before, allowing the browser to provide your information back to the server on subsequent visits. A cookie does not retrieve any data from your hard drive, does not carry computer viruses and does not reveal anything about you that you have not already revealed.
AGGREGATION. There are a variety of aggregation websites on the Internet that allow you to consolidate account information from various sources to be viewed on a website. If you choose to use an aggregator service, you should ensure that the aggregator company is reputable and has appropriate policies and practices to protect the privacy and security of information you provide and/or information they obtain access to pertaining to you. UnlimitedIA does not have control over third-party aggregator policies and practices.
COPYRIGHTS, TRADEMARKS AND/OR RESTRICTIONS ON USE. Except were expressly noted, you acknowledge and agree that UnlimitedIA, our services providers and/or our licensors own all rights to the Site and the content and works of authorship displayed on the Site; including without limitation photos, text, icons, source code, video, software, graphics and sound recordings (including how such information and materials are arranged on the Site). Such items are protected by copyright and/or other laws. You are authorized to view such information and materials on the Site only for your own informational purposes. You may not copy, distribute, disseminate, sell, reproduce, display, link to, license, create derivative works of or republish the Site or any portion of the Site for any commercial or public purpose without our prior express written consent. In addition, UnlimitedIA or others (e.g., our licensors and/or Service Providers) as indicated also owns the trademarks, service marks, registered service marks or registered trademarks and logos (each referred to as “Marks”) which are displayed on the Site. You agree not to use such Marks without the prior express written consent of UnlimitedIA or the indicated third-party that may own the Marks. You agree that except as expressly provided herein, UnlimitedIA has granted you no license, rights in or rights to use any of the Marks; UnlimitedIA and/or our Service Providers and licensors retain all rights to the Marks.
DISCLAIMER. THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN THE SITE, INCLUDING TEXT, LINKS, GRAPHICS OR OTHER ITEMS ARE PROVIDED "AS AVAILABLE", "AS IS." UNLIMITEDIA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES HEREUNDER, OR ANY RELATED SERVICE, OR THE FITNESS OF THE SITE AND/OR SERVICES FOR CUSTOMER’S USE. UNLIMITEDIA HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. NO ORAL OR WRITTEN INFORMATION GIVEN BY UNLIMITEDIA, ITS EMPLOYEES, LICENSORS OR THE LIKE WILL CREATE A WARRANTY HEREUNDER. ALSO, UNLIMITEDIA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR SERVICES PERTAINING TO NONINFRINGEMENT, SECURITY, ACCURACY, NON-INTERRUPTION AND FREEDOM FROM COMPUTER VIRUS. UNLIMITEDIA DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR ADEQUACY OF THE INFORMATION AND MATERIALS ON THE SITE.
LIMITATION OF LIABILITY. Except as otherwise expressly provided in this agreement or otherwise expressly provided by applicable law, rule, or regulation, you agree that neither we nor Service Providers will be liable for any loss, injury, or damage, including, but not limited to, indirect, incidental, special, consequential, or punitive damages, whether under contract, tort, or any other theory of liability, arising out of or relating to any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line failure, or unauthorized interception or access to your communications with us, even if we or the Service Providers are aware of the possibility of such events. To the extent any law, rule, or regulation provides for us to be liable for any such loss, injury, or damage, but permits our liability to be limited or eliminated by agreement, this paragraph limits or eliminates our liability to the fullest extent permitted.
EXHIBIT A. SERVICE FEES AND FUNDING SOURCES
The following fees apply to our Services in addition to any fees from our Service Providers.
- Program Partner Account setup and processing: $9.99 each
- Physical card order and delivery: $5.00 each
- Physical Card replacement: $5.00 each
- Per transaction fee: $0.10 each
The following may be used as sources to fund your accounts
- ACH direct deposit from employers
- ACH transfer from a bank account you own
- Transfers from your own accounts with other financial service providers
- Cash deposit to your own account at our main location with a valid ID