Website and Mobile Application Terms of Use
Please read these Terms of Use (as well as the Privacy Policy of Petal Card, Inc. (“Petal”, “we”, “us” or “our”) accessible at https://www.petalcard.com/privacy-policy, collectively the “Terms of Use”) fully and carefully before using https://www.petalcard.com (the “Site”), the Petal Card mobile application or any other applications (collectively, the “App”) offered by Petal and any services or programs offered through the Site or the App, including without limitation the Card-Linked Offer Program (as defined below) (the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Services. You acknowledge that the use of any credit card offered through Petal (each, a “Petal Credit Card”) is governed solely by the Cardholder Agreement that is provided to you.

Acceptance of Terms of Use

Eligibility

By using the Services, you represent and warrant that you are at least 18 years of age and that you are a legal resident of the United States. If you are under age 18, or not a legal resident of the United States, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer services offered on or through the Site to any person or entity and may change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Use and use of the Services are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services is offered only for your use, and not for the use or benefit of any third party. You agree not to attempt to log on to the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to log on to the Services from one of these countries may result in your access being restricted and/or terminated.

Changes

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use at any time. Upon any change in these Terms of Use we will post the amended agreement on the Services; we may also attempt to notify you in some other way. We will indicate at the bottom of this page the date these Terms of Use were last revised. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

To sign up for a Petal Credit Card or take advantage of many of the services we offer, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. By registering, you represent and warrant that you are providing accurate and complete information and that you will keep your Account information updated. You are responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may be held liable for losses or damages incurred by us or any other user of or visitor to the Services due to someone else using your user name, ID, password, or other information which provides access to the Services. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

Bank Account Information and Authorized Actions

For registered users, your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account.

If you choose to provide your Authorized Bank Account credentials to us, you authorize us to use this information to provide you with the services we offer on the Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the services. The Third Party Services providers that we work with include Quovo, Inc. (“Quovo”) and Plaid, Inc. (“Plaid”). Quovo’s services and use of your information, including on or through the Services, are governed by its Terms of Use located at https://www.quovo.com/legal/terms/ and its Privacy Policy located at https://www.quovo.com/legal/privacy-policy/ and Plaid’s services and use of your information, including on or through the Services, are governed by its policy at https://plaid.com/legal/.

Proprietary Rights and License Grant

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. All Content on this Services is the proprietary property of Petal with all rights reserved. You agree that all Content and materials delivered via the Services or otherwise made available by Petal at the Services are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Except as expressly authorized by Petal in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at this Services for your personal non-commercial use; provided, that you retain all copyright and other proprietary notices contained therein. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Petal name and logo are trademarks of Petal Card, Inc.

By submitting information or content to or through the Services, by email or over the phone, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use such information as set forth in our Privacy Policy at https://www.petalcard.com/privacy-policy. Without limiting the generality of the foregoing, you acknowledge that Petal may disclose and transfer any information that you provide through the Services to (i) its affiliates, agents or service providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law.

Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Petal. You agree to abide by all applicable local, state, national and international laws and regulations, and by the terms of any other agreements you may have with Petal. You, not Petal, remain solely responsible for all information that you submit in connection with the Services. By providing us with any information, you represent and warrant that you have all necessary right, consent and authority to provide us with such information. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith.

You shall not: (i) use this Services for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (v) run any form of auto-responder or "spam" on the Services; (vi) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Services; (vii) harvest or scrape any Content from the Services; (viii) violate or infringe upon the rights of Petal or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; or (x) otherwise take any action in violation of our guidelines and policies.

If at any time you are in violation of these Terms of Use, we may in our sole discretion and without advance notice choose to suspend, terminate, or throttle your access to the Services, your Account or both.

Consent to be Contacted

By submitting information to us, including on or through the Services, you are expressly consenting to be contacted by us, including by telephone, email, postal mail or any other reasonable method. By providing us with your wireless phone number, you confirm that you want Petal to send you information we think may be of interest to you, which may include Petal using automated dialing technology, an artificial, or prerecorded voice to call or text you at the wireless number you provided. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or internet services, and you agree that Petal will have no liability for such charges except to the extent required by applicable law. To stop text messages, you can also simply reply “STOP” to any text message Petal sends you. To stop text message related to fraud, you must call us at 1-855-697-3825. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Petal sends you; if an email does not include these instructions, it is a transactional or relationship message and you cannot opt out of receiving it in the future.

Third Party Sites and Services

The Services may permit you to link to, use or otherwise access other websites, services or resources (“Third Party Services”), and other websites, services or resources may contain links to the Services. When you access and/or use Third Party Services, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any Third Party Services does not imply endorsement by Petal or any association with their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services.

Card-Linked Offers Program

When you apply for a Petal Card or register as a new Petal Card customer, you will be given the option to enroll for our card-linked offers program (“Card-Linked Offer Program”) at no charge. The Card-Linked Offer Program provides you with the benefit of receiving discounts with participating merchants on purchases made using your Petal Card. We use a third-party card-linked offer provider (“CLO Provider”) as our service provider to help us operate the Card-Linked Offer Program. As a cardholder enrolled in our Card-Linked Offer Program, you authorize us, CLO Provider, participating merchants and payment card networks such as Visa U.S.A (“Visa”) to use and share transaction details related to your Petal Card in connection with providing you with discounts, credits and other services related to the Card-Linked Offer Program. If you no longer wish to receive discounts on your purchases through the Card-Linked Offer Program, let us know by emailing us at support@petalcard.com.

Not all transactions with your registered Petal Card are eligible for the Card-Linked Offer Program. You acknowledge that Visa may be unable to monitor every transaction made with a Petal Card which has been enrolled in the Card-Linked Offer Program, including but not limited to payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Petal Card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa payment system, and that these transactions are not eligible for the Card-Linked Offer Program.

Discounts and credits through the Card-Linked Offer Program will not appear or be reflected on your transaction receipt from the merchant at the time of purchase, and will instead be reflected on your statement balance or, if applicable, transferred to a savings account. Subject to eligibility verification and settlement of the transaction, the discounts will typically appear on your statement balance or in your Petal savings account, as applicable, approximately three (3) days after an eligible transaction, but may be subject to delays.

Statement credits cannot be processed if your card number expires or changes while the statement credit is pending and not settled, or your card account is not open or in good standing. Petal, CLO Provider, and the applicable card network have no responsibility or liability for the failure of a statement credit to be posted, or for any finance or other charge, or impact on any rewards, feature, or term or your account resulting from the statement credit.

In no event shall Petal or the applicable card network be considered as maintaining any type of financial obligation or deposit or other asset account, or holding funds or other value for you for distribution to you. Any pending statement credits and any associated dollar values represent offer fulfillment amounts in process owed by the applicable merchant, and not your funds or balances maintained or held by the payment card network, CLO Provider or Petal.

As stated above, we use CLO Provider as our service provider to help us operate our Card-Linked Offer Program. There may be restrictions or limitations on rewards or discounts if your Petal Card is enrolled in another program operated by CLO Provider.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of some or all information associated with you to the extent permitted by applicable law. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Apple, Inc. Device and Application Terms.

If you are accessing the Services via a mobile application (“Application”) developed by Petal on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:

No Warranties

THE SERVICES AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. PETAL AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates, payment card networks and payment processors, and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or any Content, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:

a) ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT (I) ANY DISPUTE RELATED TO YOUR USE OF A PETAL VISA™ CREDIT CARD IS GOVERNED BY THE TERMS OF THE CARDHOLDER AGREEMENT, AND (II) TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT'S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

b) 30-Day Opt-Out Period.
If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within 30 days of the date that you first accept these Terms of Use (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Petal Card, Inc., MSC – 166931, P.O Box 105168, Atlanta, GA 30348-5168 ATTN: Legal. If you do not notify us in accordance with this section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Use, including such provisions in any Terms of Use revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms of Use (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this section. This notification affects these Terms of Use only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Use shall not affect the other arbitration agreements between you and us.

c) Severability.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Miscellaneous

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. All waivers and modifications must be in a writing signed by Petal, except as otherwise provided herein. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms of Use shall be read as being followed by “without limitation” where appropriate. To the extent permitted by law, you shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Contact

You may contact us at info@petalcard.com

Effective Date: September 13, 2018