PLEASE READ CAREFULLY BEFORE USING OR ACCESSING THIS WEBSITE OR MOBILE APP. BY ACCESSING THIS WEBSITE OR MOBILE APP YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS.
As a Cardholder, you have the option of holding a MoneyAmigo Basic Account or MoneyAmigo X Account, each account providing you with the benefits set forth in www.moneyamigo.com and subject to the www.moneyamigo.com/feeschedule.
If you open a Basic Account, you may upgrade to an X Account at any time by signing up on the MoneyAmigo app and paying the monthly fee set forth on the Account Fee Schedule. All benefits will be unlocked and made available to you immediately upon signing up and upgrading your account. In addition, you will receive a new metal card with your identical account information, with the exception of the CVC number on the back of the card, which will change.
Similarly, if you elect to open an X Account, you may downgrade to the Basic Account at any time. Downgrading your account will cause the loss of certain content, features, and capabilities. We do not accept liability for any such loss in the event it occurs. In the event you downgrade your account, and effective as of the subsequent statement cycle, all access to X Account benefits will cease; provided, however, that you will be responsible for fulfilling any outstanding obligations incurred as a holder of an X Account. You will keep your metal card until expiration, at which point a replacement plastic card will be issued with an identical account number, but different CVC number on the back of the card.
USING YOUR CARD
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allow us to identify you. We may also ask to see your driver’s license or other documentation bearing your photo as verification of your identity. By participating in the Card program, you warrant factual representation of the required information is accurate, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), social security number or other identification documentation, date of birth, and telephone number. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to suspected illicit or illegal activity may be subject to both internal and potentially Federal investigation. We reserve the right to restrict or delay your access to any such funds.
We will provide you our bank routing number and assign you a 13-digit Account Number once your identity has been verified. The bank routing number and your assigned Account Number are for the purpose of initiating direct deposits to your Card Account and authorized ACH debit transactions only. The 16-digit Card Number embossed on your Card should not be used for these types of transactions or they will be rejected. You are not authorized to use the bank routing number and Account Number if you do not have sufficient funds in your Card Account or to make a debit transaction with a paper check, check-by-phone or other item processed as a check. These debits will be declined and your payment will not be processed. You may also be assessed an ACH Decline Fee (see the “Schedule of Fees and Charges” attached to this Agreement).
When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill prior to using your Card.
The following provisions of this Section apply to all Card Accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card or Access Code(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement Card(s) or Access Code(s) (PIN(s)), but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card Account to prevent future losses. If you share your Card(s) or Access Code(s) (PIN(s)) with another person, use of your Card Account by that person may be considered as authorized. If you authorize another person to use your Card or Access Code(s) (PIN(s)), you agree that you will be liable for all transactions arising from use of the Card or Access Code(s) (PIN(s)) by such person except as otherwise set forth in this Agreement. In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction and any corresponding fees, except as otherwise required by applicable law. A transaction is unauthorized if it is not initiated by you, you did not give permission to make the transaction and you do not benefit from the transaction in any way. Visa’s Zero Liability policy covers U.S.–issued cards only and does not apply to ATM transactions outside the Visa and PLUS networks, PIN transactions not processed by Visa, or certain commercial card transactions. Cardholder must notify us promptly of any unauthorized use.
The following E-Communication Disclosure (“Disclosure”) applies to any and all communications or disclosures that we are legally required to provide to you in writing in connection with your Card Account and any related products and services (“Communications”), to the extent you have consented to receiving such Communications electronically. If you have not consented and would like to receive Communications electronically from us, please visit us online at www.moneyamigo.com.
Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic Communications includes, but is not limited to:
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (2) by posting such Communications on the MoneyAmigo mobile application.
How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by contacting us at 1-855-884-7723 or visiting the www.moneyamigo.com website or write to 2690 Cobb Parkway, Suite A5-232 Smyrna, GA 30080. If you do withdraw your consent, we will close your Card Account, except where prohibited by law. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your request for withdrawal. In the meantime, you will continue to receive Communications in electronic form. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
How to Update Your Records. It is your responsibility to provide us with a true, accurate and complete e-mail address (if you have elected to receive e-mail messages from us), your contact information, and other information related to this Disclosure and your Card Account, and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through the MoneyAmigo mobile application or by contacting us at 1-855-884-7723.
Hardware and Software Requirements. In order to access, view, and retain Communications that we make available to you electronically, you must have:
Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by calling 1-855-884-7723 or writing to us at 2690 Cobb Parkway, Suite A5-232, Smyrna, GA 30080. We may charge you a service charge for the delivery of paper copies of certain Communications provided to you electronically pursuant to this authorization. See the attached “Schedule of Fees and Charges” for details about this service charge. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
|FACTS||WHAT DOES Metropolitan Commercial Bank DO WITH YOUR PERSONAL INFORMATION?|
|Why?||Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.|
|What?||The types of personal information we collect and share depend on the product or service you have with us. This information can include:|
|· Identification Information
· Account Balances
· Transaction History
|· Account Transactions
· Checking Account Information
· Wire Transfer Instructions
|When you are no longer our customer, we continue to share your information as described in this notice.|
|How?||All financial companies need to share customers’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers’ personal information; the reasons Metropolitan Commercial Bank chooses to share; and whether you can limit this sharing.|
|Reasons we can share your personal information||Does Metropolitan Commercial Bank share?||Can you limit this sharing?|
|For our everyday business purposes such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus||Yes||No|
|For our marketing purposes to offer our products and services to you||Yes||No|
|For joint marketing with other financial companies||Yes||No|
|For our affiliates’ everyday business purposes information about your transactions and experiences||No||We don’t share|
|For our affiliates’ everyday business purposes information about your creditworthiness||No||We don’t share|
|For non-affiliates to market to you||No||We don’t share|
|Questions?||Call 1-866-363-8226 or visit www.metropolitanbankny.com|
|What We Do|
|How does Metropolitan Commercial Bank protect my personal information?||To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We also maintain other physical, electronic and procedural safeguards to protect this information and we limit access to information to those employees for whom access is appropriate.|
|How does Metropolitan Commercial Bank collect my personal information?||We collect your personal information, for example, when you|
|· Open an account
· Apply for financing
· Show your driver’s license
|· Provide account information
· Give us your contact information
|We also collect your personal information from others, such as credit bureaus, affiliates or other companies|
|Why can’t I limit all sharing?||Federal law gives you the right to limit only:
· sharing for affiliates’ everyday business purposes – information about your credit worthiness
· affiliates from using your information to market to you
· sharing for non-affiliates to market to you
State laws and individual companies may give you additional rights to limit sharing.
|Affiliates||Companies related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with our Affiliates so they can market to you.|
|Non-affiliates||Companies not related by common ownership or control. They can be financial and non-financial companies. Metropolitan Commercial Bank does not share with non-affiliates so they can market to you.|
|Joint Marketing||A formal agreement between non-affiliated financial companies that together market financial products or services to you. Our joint marketing partners include credit card account companies.|
For Alaska, Illinois, Maryland and North Dakota Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization.For California Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing – without your authorization. We will also limit our sharing of personal information about you with our affiliates to comply with all California privacy laws that apply to us.For Massachusetts, Mississippi and New Jersey Customers. We will not share personal information from deposit or share relationships with nonaffiliates either for them to market to you or for joint marketing – without your authorization.For Texas Customers. If you have a complaint, first contact the customer service division of Metropolitan Commercial Bank at 1-866-363-8226. If you still have an unresolved complaint regarding the company’s money transmission activity, please direct your complaint to Texas Department of Banking, 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texas.gov.For Vermont Customers. We will not share personal information with nonaffiliates either for them to market to you or for joint marketing without your authorization, and we will not share personal information with affiliates about your creditworthiness without your authorization.
|Other Important Information|
biometric authentication (Fingerprint scanning and MoneyAmigo Facial Recognition for User Verification and Identification)
These terms and conditions (“Terms”) apply to and regulate the use of Biometric Authentication service (“Biometric”) provided by Amigo, Inc. (“MoneyAmigo”) in order to access your account within the MoneyAmigo mobile application. Biometric Authentication is a user identity verification and identification process that involves a biological input or the scanning or analysis of some part of the body which includes but not limited to fingerprint scanning or MoneyAmigo Facial Recognition.
The Biometric service is provided as part of the MoneyAmigo’s services, and shall be read in conjunction with the Terms and Conditions of Access, Privacy Statement and any other applicable MoneyAmigo Services terms.
In the event of any conflict or inconsistency, these Terms shall prevail over all other Terms and Conditions to the extent of such conflict or inconsistency.
You must accept and agree to these Terms before you are able to use the Biometric service. By accepting and agreeing to these Terms, you acknowledge and agree that you have successfully registered/activated the Biometric service and your Biometric authentication can be used to access MoneyAmigo’s mobile application services for transactions such as login and serves as an instruction for any other transactions as may be determined by the MoneyAmigo at its absolute discretion from time to time using the fingerprints registered with your mobile device or face registered with the MoneyAmigo mobile application (“Application”).
ADDITIONAL PLANS AND SERVICES
As a MoneyAmigo X Cardholder, you are eligible to participate in the following programs further described below, including: (i) Cash Back Program, (ii) Rewards & Discounts Program, (iii) Health Benefits Program, (iv) New Account and Referral Program (available to all Basic and X Cardholders), (v) Insurance Program, and (vi) Cardholder Borrowing Program. In the event you wish to take advantage of any such services or program, we will need to share certain customer information with each applicable third-party partner in order in connection with and in support of its applicable service offering. We offer these services in good faith but have no control nor offer any guarantees or warranty whatsoever over the decision-making process or quality of products or services offered hereunder. Notwithstanding the foregoing, Money Amigo reserves the right to add new services or offerings through either or both MoneyAmigo Basic accounts or Money Amigo X accounts, subject to the terms and conditions set forth herein. Any additional plan or service for which you sign up and which require paying an additional fee, be advised that in the event there are insufficient funds in your account to cover the required fee when due, Amigo will charge a $1.50 non-sufficient funds (NSF) fee per incident that we attempt to pull funds from your account.
CASH BACK PROGRAM
All holders of MoneyAmigo X accounts are automatically enrolled in the MoneyAmigo Cash Back Program (the “Cash Back Program”) and are immediately eligible to earn cash back on certain purchases made with your Card (“Cash Back”). IMPORTANT: YOU CANNOT REDEEM OR ACCESS THE CASH BACK YOU EARN WITH YOUR CARD UNTIL YOU SUCCESSFULLY REGISTER FOR A CASH BACK ACCOUNT, VERIFY YOUR EMAIL ADDRESS AND/OR MOBILE PHONE NUMBER AND ACTIVATE YOUR PERSONALIZED CARD. The Cash Back Program enables you to earn up to a maximum of one percent (1%) in Cash Back on each qualified purchase of one dollar ($1.00) or more made with your Card, and apply the Cash Back to future purchases made with your Card. The one percent (1%) maximum in Cash Back described above can be earned in two separate tranches. An initial tranche of a half percent (½%) Cash Back will normally be applied to your account within thirty (30) days in arrears after your purchase transaction settles but could take up to sixty (60) days. A second tranche of a half percent (½%) Cash Back will normally be applied to your account within sixty (60) days of the end of the calendar year during which you made any qualifying purchases, provided that your, provided that your account remains active and in good standing as of December 31 of the applicable calendar year, subject to the limitations and reductions set forth below, as applicable to your account. Returns, reversals, cancellation or disputes involving a purchase will result in your Cash Back for that transaction being reversed. More specifically, any Cash Back earned from purchases that have been returned and refunded will be deducted from your Cash Back balance within thirty (30) days of a merchant’s refunding your purchase and return of funds to your account. All chargebacks initiated by you will be aggregated over each calendar year, and the aggregate Cash Back earned from the purchase(s) underlying such charge(s) shall be deducted from the second tranche Cash Back payment applied to your account within thirty (30) days of the end of the calendar year. In addition, purchases may fall outside of the actual date you made your purchase if there is a delay in the merchant submitting such transaction to us. We have no control over the merchant’s submission of transactions and will not credit purchases with Cash Back on any date other than the date of the merchant submission. ATM transactions, fees, PIN-based transactions and Bill Pay are not considered purchases for this program and do not earn Cash Back. Sub-accounts (family cards) are not eligible.
Although you will begin to accrue Cash Back immediately in your earned Cash Back balance with each purchase made with your Card as it is submitted to us by the applicable merchant (“Earned Cash Back Balance”), the Earned Cash Back Balance will only become available for your redemption/use provided you have successfully registered for a Cash Back account, activated your personalized Card, verified your email address and/or mobile phone number with us and your account is in good standing. Subject to meeting the requirements stated above, your Earned Cash Back Balance is automatically deposited into your account and made available for you to use (“Redeemed Cash Back Balance”).
Once your Earned Cash Back Balance is transferred into your Redeemed Cash Back Balance, the Cash Back transferred can be used and applied to future spend with your Card anywhere your Card is accepted. Your Earned Cash Back Balance that is transferred into your Redeemed Cash Back Balance will automatically apply to your Cash Back purchase transactions until your Redeemed Cash Back Balance is depleted. Cash Back will continue to accrue in your Earned Cash Back Balance pursuant to the terms herein.
Any Cash Back earned but not redeemed shall continue to be available for your use, provided that you remain an accountholder in good standing. If you receive Cash Back and we later discover that you did not have a purchase for that Cash Back or that you manufactured spending through your own use or by permitting others to transact on your Card or account, you may forfeit future Cash Back earnings, or we may apply future Cash Back or any Cash Back not yet redeemed until enough Cash Back rewards are accrued to cover the applicable portion of the Earned Cash Back Balance. The Cash Back Program is designed for consumer spend only and may not be manipulated or converted into a commercial spend or financial transaction instrument. In addition, if you make a purchase and your account is credited with Cash Back or Cash Back is used to make a Cash Back purchase, any later return, reversal, cancellation or dispute involving any part of the purchase or Eligible Cash Back purchase will result in your Earned Cash Back Balance and/or Redeemed Cash Back Balance being reversed, debited or cancelled (in whole or part) to reflect that portion of the purchase which has been returned, reversed, cancelled or disputed and may cause your Earned or Redeemed Cash Back Balance(s) to go negative. We may also take any other action we deem appropriate.
Cash Back does not expire but if your Card and/or Earned Cash Back Balance is closed or terminated for any reason whatsoever, you have the right to contact us in writing to request that a check be sent to you for the available balance on your account. Should we not receive said written request within 60 days of the account closure, all Cash Back will be forfeited. In certain cases we may reinstate your Earned Cash Back Balance if you re-open your account within thirty (30) days of a voluntary closure.
We reserve the right to suspend or prohibit your ability to earn, use or redeem your Earned Cash Back Balance or suspend or close your Card or account in the event you (i) violate any of the Cash Back Program terms and conditions, (ii) use your Card in a manner inconsistent with applicable laws, regulations, ordinances, (iii) engage in any misconduct or wrongdoing in connection with your MoneyAmigo product or applicable Cash Back feature(s) or promotion(s), (iv) structure purchases or conduct transactions with your Card or account to manufacture spending, (v) conduct purchases other than those which are for personal or household use (ex. commercial purchases), (vi) engage in any activity which would jeopardize the Cash Back Program or its intended use, or (vii) engage in any fraudulent or inappropriate acts, including by attempting to defraud Amigo into providing Cash Back. Any Cash Back credited to an account in violation of this Agreement or the Cash Back Program terms and conditions may be revoked by us in our sole discretion.
REWARDS & DISCOUNTS PROGRAM
Rewards and discount offers available through your Card are powered by Entertainment®. For rules of use please visit www.entertainment.com/rulesofuse. Entertainment® and each merchant’s logo and marks are the property of the merchant and copying or use other than for redeeming the coupon is prohibited.
HEALTH BENEFITS PROGRAM
THIS PLAN IS NOT INSURANCE and is not intended to replace health insurance. This plan does not meet the minimum creditable coverage requirements under M.G.L. c.111M and 956 CMR 5.00. This plan is not a Qualified Health Plan under the Affordable Care Act. This is not a Medicare prescription drug plan. The range of discounts will vary depending on the type of provider and service. The plan does not pay providers directly. Plan members must pay for all services but will receive a discount from participating providers. The list of participating providers is at this website. A written list of participating providers is available upon request. You may cancel within the first 30 days after effective date or receipt of membership materials (whichever is later) and receive a full refund, less a nominal processing fee (nominal fee for MD residents is $5, AR and TN residents will be refunded processing fee). Discount Plan Organization and administrator: Careington International Corporation, 7400 Gaylord Parkway, Frisco, TX 75034; phone 800-441-0380.
This plan is not available in Vermont or Washington.
ACCOUNT REFERRAL ProgRAM
The Account Referral Program was created to encourage our Cardholders to receive certain benefits for referring new customers to MoneyAmigo and for those customer’s friends and family to sign-up for MoneyAmigo accounts. The program is void where prohibited. We reserve the right to discontinue the Program at any time.
You will receive a cash reward if your referred Contact: (1) successfully completes registration for a new MoneyAmigo “Basic” or “X” account using the link you send them, (2) activates their Card, and (3) then (a) sets up direct deposit with MoneyAmigo or (b) makes five transactions on their new account, including without limitation, loading funds, making ATM withdrawals, or ordering card-to-card transfers. The referred Contact must be a new, first-time Cardholder who has not previously registered with MoneyAmigo. For each referred Contact that completes the required actions, you will receive a $5 credit to your account as a credit on your statement cycle within thirty (30) days following your Contact’s completion of the foregoing actions.
To be eligible, a Contact must be 18 years or older and a U.S. citizen. In addition, a Contact will be deemed ineligible for the purposes of this program if said Contact is (a) already a Cardholder, or (b) has previously registered with MoneyAmigo and has cancelled his or her account. A Contact will also be ineligible for the purposes of this program, and we will not send an e-mail or SMS message offer to such Contact, if his or her e-mail address appears on the opt-out lists of MoneyAmigo. For privacy reasons, you will not be notified if any of your Contacts are ineligible for any reason.
Approval of a Contact as a registered Cardholder is based upon your Contact’s compliance with and satisfaction of all verification, registration requirements, and/or instructions we provide to the Contact for responding to the referral.
There are no limits or caps to the number of referral incentive payments which a Cardholder can earn, subject to the terms and conditions herein and MoneyAmigo’s right to modify or discontinue this program at any time.
CARDHOLDER BORROWING PROGRAM (AMIGO ZERO)
Subject to and in accordance with the terms and conditions in place by Amigo, Inc., Amigo offers certain Cardholders with a MoneyAmigo X account, the opportunity to borrow funds. This program is NOT available in all States. The full terms and conditions of the Amigo Zero borrowing program can be found here www.moneyamigo.com/termsofuse
By clicking the “Submit” button and electing to receive loans through our Platforms, you (i) agree to receive disclosures and conduct transactions electronically and (ii) confirm that you expressly consent to receive marketing communications from Amigo to the phone number provided, including via an automatic telephone dialing system. You may contact us at any time to withdraw these consents. You may email Amigo at firstname.lastname@example.org. You may obtain free paper copies of these disclosures by calling Amigo to request them. You understand that this consent is not required to apply for an Amigo Zero loan.
By accessing the MoneyAmigo website or mobile application, Cardholders with an active MoneyAmigo X account hereby authorize MoneyAmigo to automatically bill and debit such MoneyAmigo X account on the date in which Cardholder first opened a MoneyAmigo account and each monthly anniversary thereafter for MoneyAmigo services provided thereunder in arrears, to be applied in the following manner: (i) first, toward any Payment Penalty (as such term is defined below), (ii) second, toward the monthly MoneyAmigo fee associated with such MoneyAmigo X account, (iii) third, toward repayment in full of any outstanding principal and interest due and owing under loans made to Cardholder via MoneyAmigo’s Amigo Zero borrowing program, (iv) fourth, toward the monthly payment due on AmigoCare health benefits, and (v) fifth, toward the monthly payment due on AmigoProtect identity protection and legal discount program. In the event the balance of funds by Cardholder in the MoneyAmigo X account are insufficient to cover and pay in full the payments due in accordance with the provisions set forth above, MoneyAmigo shall assess Cardholder a fee in an amount equal to $1.50 multiplied by each failed payment occurrence (collectively, “Payment Penalty”) to be paid in accordance with the foregoing sentence, and Cardholder shall be deemed to be in default and shall no longer be eligible to hold a MoneyAmigo X account or receive benefits thereunder if such payments are not made in full on the immediately following monthly payment due date (the interim period, the “Cure Period”); provided, however, that Cardholder shall continue to receive benefits under the MoneyAmigo X program during such Cure Period. If, upon the expiration of the Cure Period, all payments are not made, Cardholder shall no longer be an eligible MoneyAmigo X member, and subject to the provisions set forth below, funds will no longer be automatically debited and transferred from such MoneyAmigo account in accordance with the foregoing provisions.
MoneyAmigo shall provide ten (10) days’ prior written notice to the Cardholder’s home mailing address before changing or modifying the foregoing funds transfer policy; provided, however, that Cardholder shall be permitted to waive such notice when a transfer falls outside of a specified range of amounts or when a transfer differs from the most recent transfer by an agreed-upon amount; provided, further, that in the event of a default, Cardholder hereby expressly authorizes MoneyAmigo to automatically debit and transfer funds from Cardholder’s account on the immediately following payment due date upon the expiration of the Cure Period in an amount equal to sums not paid for the preceding billing cycle plus amounts due for the then-current billing cycle in accordance with the foregoing payment provision.
Notwithstanding the foregoing, Cardholders shall have the right to stop payment of such preauthorized electronic fund transfers by notifying MoneyAmigo orally or in writing at least three (3) business days prior to the schedule date of transfer; provided, however, that such Cardholder shall be required to give written notice of such stop-payment order within fourteen (14) days of an oral notification by e-mailing to: email@example.com, or mailing to:
Attn: Legal Department
900 Wigwam Parkway, Suite 100
Henderson, NV 89014.
TERMINATION OF ACCOUNT and SERVICES FOR MONEYAMIGO X MEMBERS
Without limiting the terms set forth in paragraph 18 under the “Using your Card” provision herein, MoneyAmigo has the right to cancel or suspend access to all “Additional Plans and Services” available to MoneyAmigo X members in the event of a MoneyAmigo X member’s failure to pay monthly membership fees in accordance with the terms set forth herein on the date in which payment is due (“Payment Date”). Notwithstanding the foregoing, you will continue to receive all benefits and/or services available to you as a MoneyAmigo X member without interruption for a period of thirty (30) days after the Payment Date, at which time, if you have still not paid in full all membership fees due MoneyAmigo on the Payment Date: (i) all services available to you under “Additional Plans and Services” shall be suspended until all such fees have been received by MoneyAmigo, and (ii) your account will be downgraded to a Basic Account. If after one hundred twenty (120) days you have not paid in full all membership fees due MoneyAmigo on the Payment Date, your Basic Account will be terminated and all benefits available through and provided by your Card will no longer be available to you. Notwithstanding the foregoing, MoneyAmigo, at its sole and absolute discretion may waive or extend the due date for fees owed by members upon prior written notice; provided, however, that MoneyAmigo’s failure to enforce any provision of this section shall in no way be construed to be a waiver of such provision absent prior written notice thereof.
Use of a Platform is subject to the www.moneyamigo.com/privacypolicy which explains how we collect, store, share or otherwise use your personal information and non-personal information. You should review these policies before using a Platform.
Trademarks, service marks, and logos appearing on a Platform are the property of Amigo or the party that provided the trademarks, service marks, and logos to Amigo, whether registered or not. Amigo and any party that provided trademarks, service marks, and logos to Amigo retain all rights with respect to any of their respective trademarks, service marks, and logos appearing on a Platform.
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. If you believe that your copyrighted work is being infringed on a Platform, please notify our copyright agent specified below.
E-mail may be sent to: firstname.lastname@example.org
Mail may be sent to:
Attn: Legal Department
900 Wigwam Parkway, Suite 100
Henderson, NV 89014
Please notify us in writing and include all of the following:
Nothing on a Platform shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Amigo or any third party, whether by estoppel, implication, or otherwise.
PRODUCTS, SERVICES AND SOFTWARE
Downloading software from any of our Platforms does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software. A description to a product, service or publication on any of your Platforms (including any description or reference via hyperlink) does not imply endorsement by Amigo of that product, service or publication. Products and software offered through any of our Platforms shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.
Telephone calls and sms/text messaging by moneyamigo
I consent and agree that MoneyAmigo (and its affiliates, agents, assigns and service providers) may monitor and record telephone calls regarding my account to assure the quality of service or for other reasons.
I also expressly consent and agree, in order to administer and service my account or to collect any amounts I may owe, MoneyAmigo (and its affiliates, agents, assigns and service providers) may contact me by telephone at any telephone number associated with my account that I provide now or in the future, including cellular phones, wireless telephone numbers or other wireless devices, regardless of whether I incur charges as a result. I understand that my authorization may be revoked only via written correspondence to MoneyAmigo, at: 900 Wigwam Parkway, Suite 100, Henderson, NV 89014 Attn: Marketing Department, or electronic mail at email@example.com.
I expressly consent and agree to MoneyAmigo (and its affiliates, agents, assigns and service providers) contacting me by the following methods including, but not limited to, any telephone dialing system, sending text messages or emails using any email address I provide now or in the future, using manual calling methods, prerecorded/artificial voice messages and/or use of an automatic dialing device or system, as applicable.
NO UNLAWFUL OR PROHIBITED USE
These Platforms may contain communication services such as bulletin boards, chat rooms, news groups, communities, personal web pages, group calendars, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not:
Amigo is not obligated to monitor the communications contained on our Platforms. However, Amigo may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
You hereby grant to Amigo the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to Amigo through our Platforms (collectively, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Amigo will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Amigo operations.
NO REPRESENTATIONS OR WARRANTIES
We make no representations or warranties that our Platforms are free of defects, viruses or other harmful components. The pages, links, or other information displayed on our Platforms may contain technical inaccuracies, outdated information and typographical errors. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of our Platforms or our computer systems. If you are dissatisfied with any portion of our Platforms or the associated services, your sole remedy is to cease using them.
ACCESS TO OUR PLATFORMS IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH OUR PLATFORMS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” AMIGO DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. AMIGO MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH OUR PLATFORMS FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AMIGO OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE OUR PLATFORMS, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH OUR PLATFORMS. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; AMIGO’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
SECURITIES AND INVESTMENT
Our Platforms and the information contained or referred to herein or therein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. Such Platforms may contain information and press releases about and by Amigo. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements displayed on our Platforms that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the ‘safe harbor’ for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as “believes,” “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “estimates,” “predicts,” “is designed to,” “with the intent,” “potential,” and similar expressions commonly indicate forward-looking statements, but in their absence do not mean that a statement is not forward-looking. Any forward-looking statements contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Amigo’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Amigo’s accounting policies, future trends, and other risks.
To ensure that consumer’s inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. You consent to this monitoring and recording.
You agree that we may from time to time make calls and/or send text messages to you at any telephone number associated with your account, including wireless telephone numbers that could result in charges to you. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. You further agree that we may send e-mails to you at any e-mail address you provide us or use other electronic means of communication to the extent permitted by law. You may revoke your consent at any time by any reasonable means.
Amigo reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Amigo may have. All rights not expressly granted herein are reserved exclusively and entirely to Amigo.
Last Revised: May 9, 2018