Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE (the "Terms of Use") CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE
This website (“Website”) is owned and operated by MetaBank and its respective successors, affiliates, and assignees (herein referred to as "MetaBank," "we," “our,” and/or "us"). We require all users and viewers of our Website to agree to these Terms of Use, as they may be modified from time to time in our sole discretion with or without notice to you, as a condition to accessing or using our Website. BY ACCESSING OUR WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD IMMEDIATELY DISCONTINUE USING AND ACCESSING OUR WEBSITE. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF USE CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS GOVERNING THE USE OF OUR WEBSITE. ANY USE OR VIEWING OF OUR WEBSITE BY YOU AFTER ANY CHANGE TO THESE TERMS OF USE, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED TERMS OF USE, CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE AS CHANGED. We may discontinue the operation, maintenance or provision of this Website, any pages thereof, and/or any related content, features, products or services, or the terms thereof, at any time without notice or liability to you or any third party

Different products, features and services available at or through our Website, and/or different pages or sections of our Website, may be subject to separate terms and conditions in addition to these Terms of Use. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section. This Agreement is not intended to affect or amend any agreement or contract between you and MetaBank for the provision of a particular financial product or service, and our relationship with you as to such particular financial product or service shall be governed by the written terms of the agreement or contract contemplating such financial product or service.

WEBSITE PROPERTY
You acknowledge and agree that MetaBank, our licensors, and/or our service providers own all rights to this Website and the content and works of authorship displayed on the Website, including, without limitation, text, software, photos, illustrations, designs, images, video clips, sound recordings and graphics (collectively, the "Contents").

Unless otherwise noted, the Contents are protected as copyrights, trade dress, trademarks, and/or other intellectual properties owned by us or by other parties that have licensed their material to us, and are protected by United States and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of the Contents is our exclusive property and is also protected by United States and international copyright laws. We and our suppliers and licensors expressly reserve all intellectual property rights in all Contents of our Website. Access to our Website does not confer and shall not be considered as conferring upon anyone any license under any intellectual property rights of us or third parties.

You further acknowledge and agree that MetaBank names and logos and all related product and service names, design marks and slogans, as well as other trade and service marks appearing on the Website (collectively, the "Marks"), are the property of MetaBank, our licensors and/or our service providers. You are not authorized to use such Marks without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark. You acknowledge that, except as expressly provided herein, we have not granted you a license or rights whatsoever in or to any Contents or Marks, and we and/or our licensors and service providers retain all rights therein.

References on our Website to any names, marks, products, or services of third parties or hypertext links to third-party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship, or recommendation of the third party or such third-party information, products, or services unless expressly stated otherwise. We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such third-party websites. If you decide to visit any such third-party websites, you do so entirely at your own risk.

You may not reproduce, redistribute, or otherwise use any materials without our express written consent. All rights not expressly granted are reserved.

USE OF WEBSITE
You are authorized to access, view and use the Contents only for your own informational, noncommercial purposes, or as otherwise expressly permitted pursuant to these Terms of Use. Unless otherwise expressly authorized, you agree not to copy, reproduce, retransmit, disseminate, display, publish, sell, broadcast, circulate, distribute, commercially exploit, or create derivative works from any Contents in any form. You further agree not to reverse engineer or reverse compile any of our technology associated with the Contents. We may restrict, suspend, or terminate your access to our Website and your account if, in our sole discretion, we determine that you have abused or misused our Website or violated these Terms of Use in any way. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in our Website and all related services and products.

You are responsible for obtaining and maintaining all telephone equipment and services, internet connection services, computer hardware and software, and other equipment necessary for you to access and use the Website. We are not responsible or liable to you for any errors or failures resulting from defects in or malfunction of your computer or related equipment or services, nor are we responsible or liable to you for any computer virus or related problems that may be associated with the use of an online system. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, TO YOU REGARDING YOUR COMPUTER OR RELATED EQUIPMENT, YOUR SOFTWARE, OR YOUR INTERNET SERVICE PROVIDER OR ITS EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

You are responsible for protecting the security of any passwords you use in connection with our Website and the security and integrity of any information you download from our Website.

You acknowledge and agree that when you submit any information to us through our Website, such information may be disclosed and transferred to our respective agents and service providers, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested. Any information, feedback, questions, concepts, comments, suggestions, ideas or the like which you send to us by or through our Website, or at any e-mail address we have provided at our Website, will be treated as being nonconfidential and nonproprietary as to you, and we will be free to use the same or any information contained therein for any purpose whatsoever (including, without limitation, for the purposes of developing, manufacturing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt.

You acknowledge and agree that we may monitor and keep a record of your use of our Website.

You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of others.

You agree to indemnify, defend, and hold us harmless for any and all unauthorized uses you may make of the Contents. You acknowledge that the unauthorized use of the Contents could cause irreparable harm to us, and that in the event of any unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.

WEBSITE MAINTENANCE
During certain times, our Website may be unavailable for maintenance.

ONLINE ACCOUNT CENTER AND SERVICES
Through our Website, we offer an Internet-based online account management system (“Online Account Center”) which provides a number of online services that permit you to obtain certain account information and to access electronic funds transfer services and other account functions by means of the Internet.

SECURITY OF USERNAME AND PASSWORD
To access the Online Account Center and services, our Website uses a combination of a username and password to ensure the security of your account. You are responsible for keeping your username and password confidential. You acknowledge that we use your username and password to identify you when you log into our Website to access the Online Account Center and that protecting the confidentiality of you username and password is necessary to prevent unauthorized access to your account. You determine what password you will use, and we store your password only in encrypted form. You accept responsibility for the confidentiality and security of your password and agree to change your password as needed to keep it confidential and secure. You further agree to notify us immediately if you believe your login information has been compromised (e.g., lost or stolen) or used without your authorization.

ACCOUNT ACCESS
You may use the Online Account Center to request access to your account(s). If you wish to use the Online Account Center to perform account transactions, you must possess any required authority over the account to in order to complete the transaction. By using the Online Account Center services, you agree to maintain sufficient balances in your account to cover any transactions and fees that are ultimately approved by or related to the Online Account Center services.

TRANSACTION AUTHORIZATION
You agree that we are authorized to act on instructions received under your username and password unless you have previously notified us that your username and password have been compromised or used without your authorization. You are responsible for accurately entering all data to perform such transactions. You agree to hold us harmless for processing in good faith any request via the Online Account Center that we validate as being received from your username and password.

ACCOUNT BALANCE AND TRANSACTION HISTORY
You can use the Online Account Center to check the balance of your account and to view your transaction history. The balance shown for your account may include deposits subject to verification by us. Account balances shown may also differ from your records due to deposits in progress; outstanding transactions; or other withdrawals, payments, or charges. Account balances are updated periodically, and the Online Account Center will display the most current balance and transaction information available for your account.

VIRUS AND MALWARE PROTECTION
We are not responsible for the effects of any electronic viruses or other malware (e.g., trojans, root kits, etc.) that you may encounter and that may infect the computer you use to access the Online Account Center. We encourage you to routinely scan any computer you use to access the Online Account Center using a reputable anti-virus software product to detect and remove any viruses or other malware. If not detected and appropriately neutralized, viruses and malware may corrupt and destroy programs, files, and hardware and may store and transmit non-public, personal information from any such computer without your authorization.

PRIVACY
For an explanation of our practices and policies related to the collection, use, and storage of your personal and non-personal information in connection with your account(s) with us, please read our Privacy Policy available on our Website.

As it relates to our Website(s), we may use the following technologies for security and authentication purposes, to collect certain information when you visit and use our products or services, to deliver online advertisements that we think would be more relevant to your interests, and to monitor interactions from our emails and online advertisements.

  • Cookies. Many sites use “cookies,” which are small text files that reside on your computer to identify you as a unique user. We may use cookies on our Website(s) to allow us increase the website’s general effectiveness for visitors. For example, cookies may enable us to remember your viewing preferences without requiring you to re-type a user name and password or to track your status or progress when requesting products, services, or information. If you choose, you can set your browser to reject cookies or you can manually delete individual or all of the cookies on your computer by following your browser’s help file directions. However, some of the pages and features may not function properly or may be slower if you reject cookies.
  • Web Beacons. A web beacon is an electronic file on a Web page that allows us to count and recognize users who have visited that page. Among other things, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. You can generally avoid web beacons in email by turning off HTML display and displaying only the text portion of your email.
  • Internet Protocol (IP) Address. When you visit our Website(s), we may capture and retain the IP address of the device you are using, such as a personal computer or a mobile device.
  • Location and Usage Information. If you use our mobile application or access our website using a mobile device, we may collect information concerning your location, information about when an App is launched, individual session lengths for Apps, or why an App may not be working.

We may also use AdWords, Facebook or other third party remarketing, sometimes called retargeting, to market our website(s) across the Internet. This means that the third party may use technology, such as a cookie on your browser to identify you on our Website(s) so that they can provide advertising about products and services tailored to your interest. You may opt out of Google’s remarketing here. You may opt out of Facebook remarketing ads by visiting here. If you are concerned about third party cookies presenting ads by Google and other ad networks, you may visit a broader opt out page at the Network Advertising Initiative.

DISCLAIMER OF WARRANTIES AND LIABILITY
OUR WEBSITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF OUR WEBSITE, THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK.

The Bank is not responsible for any loss, damage, expense, or penalty, including direct, indirect, consequential and incidental damages that result from the access of or use of this Website. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if we have been informed of the possibility of such loss or damage.

OTHER IMPORTANT TERMS
If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use shall remain in full force and effect. No failure by us to enforce the performance of any provision of these Terms of Use shall constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of our Website or any advertising or other materials issued in connection therewith. You may not transfer any of your rights or obligations under these Terms of Use to anyone else without our prior consent. All of our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

These Terms of Use shall be governed by and construed under the laws of the State of South Dakota.