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Please read these Terms of Use (as well as Petal Card, Inc.’s Privacy Policy accessible at https://www.petalcard.com/privacy-policy, collectively the “Terms of Use”) fully and carefully before using https://www.petalcard.com or any applications offered by Petal Card, Inc. (“Petal”, “we”, “us” or “our”) (collectively, the “Site”). These Terms of Use set forth the legally binding terms and conditions for your use of the Site.  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 this Site, 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 Site. We may, in our sole discretion, refuse to offer services offered on the Site to any person or entity and may change the Site’s eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use and use of the Site are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms of Use or use of the Site is prohibited or conflicts with any applicable law, rule or regulation. Further, the Site 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 Website 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 Website 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 Site; 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 Site 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 Site (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 Site due to someone else using your user name, ID, password, or other information which provides access to the Site. You may never use another person’s user account or registration information for the Site without permission. You must notify us immediately of any change in your eligibility to use the Site (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 Site (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 Site and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Site. 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 Site. 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”) . Quovo’s services and use of your information, including on or through the Site, 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/.

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 Site.  All Content on this Site is the proprietary property of Petal with all rights reserved.  You agree that all Content and materials delivered via the Site or otherwise made available by Petal at the Site 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 Site 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 Site. 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 Site 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 Site. The Petal name and logo are trademarks of Petal Card, Inc.

By submitting information or content to or through the Site, 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 Site 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 Site 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 Site.  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 Site 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 Site or any activities conducted on the Site; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems or networks connected to the Site); (vv) run any form of auto-responder or "spam" on the Site; (vi) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vii) harvest or scrape any Content from the Site; (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 Site, your Account or both.

Consent to be Contacted

By submitting information to us, including on or through the Site, 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 Site 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 Site. 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.

Termination

We may terminate your access to all or any part of the Site 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 Site via a mobile application (“Application”) developed by Petal on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Site through the Apple App Store, the following terms shall apply:

No Warranties

THE SITE AND ALL CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE". THE SITE 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 DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SITE 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 SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates 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 Site 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 OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SITE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, 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: