* You may also be charged a fee by the ATM operator in addition to our fee (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).
** This fee is in addition to any other fee that may apply to your transaction. Please note use of your Debit Card outside of the U.S. may be limited; see Section 4 for more information.
*** Your first monthly Statement Cycle begins on the date you pass the registration process noted in Section 1.b. above (“Account Opening”) and ends the day before the one month anniversary of Account Opening. Please note, however, for Account Openings that occur on the 29th, 30th or 31st of any month, your first Statement Cycle will be adjusted to start on the 1st of the subsequent month. Each subsequent Statement Cycle will end on the same day of the month each month.
3. General Information About Deposits & Funds Availability
a. Deposits. If you are approved for an account, the Bank will mail your personalized Debit Card to you. You may make initial deposits by direct deposit and by using our Bank Transfer Service once your account has been approved. Once you receive your Debit Card and have notified the Bank of your receipt of this card in accordance with the accompanying instructions, you may also make initial deposits to your new account in cash at a participating retailer or through other means as provided at Green Dot’s discretion.
Subsequent deposits may be made at any time thereafter, subject to limits set forth by the Bank related to its anti-money laundering and risk policies. We may refuse to accept a deposit or transfer to an account, limit its size, or return all or part of it to you or the sender. We reserve the right to limit the amount of funds that may be maintained in an account. If you deposit cash at a participating retailer, please be aware that retailers have their own minimum and maximum deposit limits.
b. Types of Deposits; Funds Availability. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.
i. Cash Deposits. Cash deposits made through participating retailers are generally made available within 60 minutes or sooner from the time the transaction is reported to our technology systems by the retailer. Fees of up to $5.95 may be collected by retailers when depositing cash to your account at their locations. This fee is charged by the retailer and is subject to change. This fee is not deducted from your account and will not be reflected in any periodic statement. This fee can be lower depending on how and where you deposit cash.
ii. Direct Deposits. Generally, we make electronic direct deposits available on the day we receive the deposit or sooner, if the source of the payment notifies the bank of the incoming payment prior to the actual day or receipt and the deposit and your account are eligible for such early posting. We reserve the right to reject or limit transfers via direct deposit in our sole discretion, and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you.
iii. Checks Deposited Using Our Mobile Deposit Service. Funds availability terms for checks deposited through the Mobile Deposit Service are set forth in the Mobile Deposit Agreement.
iv. Wire Transfers. Generally, we make wire transfers available on the day we receive the deposit if received before 1 p.m. (Pacific Time).
c. Other Types of Deposits. Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.
d. Special Rules for New Accounts. We may impose different funds availability rules during the first 31 days your account is open.
4. About Your Debit Card
a. General. Your account will come with one Card. Your Card is linked to your primary account. You will be able to set a personal identification number (“PIN”) for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. Except as otherwise indicated, you may use your Card to purchase goods and services and to access cash at ATMs and from tellers of financial institutions anywhere your debit card’s brand mark (as applicable) are accepted.
b. Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your account.
c. Limits on the Use of Your Card. The Bank reserves the right to impose limits on the individual and aggregate number of transactions and the corresponding dollar amounts that may be transacted through your Debit Card. We may refuse to process any transaction that we believe may violate the law or the terms of this agreement. You agree that you will: (i) not use the Card at unlawful domestic or international gambling web sites, or at payment processors supporting unlawful gambling web sites, or to purchase illegal goods or services; (ii) promptly notify us of any loss or theft of the Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access account funds; (iv) assist us in the investigation of claims for unauthorized transactions and related prosecution by completing the appropriate statements and reports reasonably requested by us; and (v) use the Card only as instructed. You acknowledge and agree that by allowing anyone to use your card, or by failing to exercise ordinary care (such as storing your PIN with your card or selecting your birthday as your PIN), you will be responsible for all unauthorized transactions. We may refuse to issue a Card, revoke or suspend your Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. We reserve the right to limit or block the use of your Card in certain foreign countries at our discretion due to fraud or security concerns or to comply with applicable law.
d. Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card to pay for goods or services, certain merchants may ask us to authorize or “hold” the transaction in advance and may estimate the final purchase amount. Until such a transaction finally settles, you will not be able to use the money in your account that is “on hold.” We will only charge your account for the correct amount of the final transaction, however, and we will release any remaining amount when the transaction finally settles.
e. Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant, network or card association that processes the transaction may convert any related debit or credit into U.S. dollars in accordance with its then current policies. Visa currently uses a conversion rate that is either: (a) selected from a range of rates available in the wholesale currency markets on or one day prior to its central or transaction processing date (note: this rate may be different from the rate the association itself receives), or (b) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of your transaction and the date it is posted to your account. We will impose a charge equal to 3% of the transaction amount (including credits and reversals) for each transaction (U.S. or foreign currency) that you conduct at merchants (including foreign websites) outside the United States or in a foreign currency. This charge is in addition to any of the Bank’s usual fees, including, but not limited to, the teller cash withdrawal or out-of-network ATM fee.
f. ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use the ATM. If you notice anything suspicious while transacting business at the ATM, cancel the transaction, pocket your Card and leave. Be sure to save your transaction slips. Check them against your statements regularly. Make sure you safeguard your PIN — do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using the ATM.
5. Limits on Your Account.
a. Daily Cash Deposits. You may deposit up to $5,000 in cash per day in the aggregate. There is no deposit limit for ACH deposits.
b. Daily and 30-Day Cash Withdrawal Limits. You may withdraw up to $2,000 in cash in the aggregate in a single day at an ATM. You may withdraw up to $10,000 in cash per calendar month at an ATM. You may withdraw up to $3,000 in cash in the aggregate in a calendar month with a bank teller. We may, in our sole discretion, permit you to withdraw higher amounts of cash.
c. Total Daily Spend Using Card. You may not spend more than $10,000 per day using your Debit Card.
d. Point of Sale Cash Back. Limits apply to the use of your Card at the point of sale when making a purchase from a merchant, including merchant imposed limits on such transactions.
e. Special Rules for New Accounts. We may impose different limits during the first 31 days your account is open.
6. Electronic Funds Transfers; Other Rights & Terms
a. Envelope Transfers. You can create up to 9 Envelopes. You can transfer money from your primary account to your Envelopes (and from your Envelopes to your primary account) at any time. All transfers must be conducted through the Mobile App or on the Website. We’re sorry, but we cannot accept transfer instructions over the phone. Once you instruct us to move money from your primary account to an Envelope, that money will be unavailable for you to otherwise spend or transfer from your primary account. There are no fees associated with the Envelopes. You cannot directly cash out your Envelopes; when you access money from your Envelopes, we will transfer that money through your primary account and your statement will reflect such movement. If you have a negative balance in your primary account and you transfer money from your Envelopes, we will first apply the money you transfer to cover your negative balance. Money in your Envelopes may also be used by us to cure a negative balance in your primary account or as otherwise provided in Section 8.p. titled “Security Interest and Setoff”. Notwithstanding anything to the contrary in this agreement, for all funds in an Envelope, we reserve the right at any time to require at least seven days’ written notice of an intended transfer to your primary account.
b. Not Governed by Electronic Fund Transfer Act. Your Debit Card transactions as well as any electronic transfer of funds to or from your account are not governed by the Electronic Fund Transfer Act. You understand and agree that you are not a “consumer” within the meaning of the Federal Electronic Fund Transfer Act and the Bureau of Consumer Financial Protection Regulation E, and the Act and Regulation shall not apply to any dispute arising between you and the Bank.
c. ACH Transfers to your Account. In addition to the other terms in this agreement, any credit to your account for an electronic transfer of funds transmitted through the ACH by an originating depository financial institution (“ODFI”) is provisional until we receive final settlement through a Federal Reserve Bank, or otherwise receive payment in a manner acceptable to us. If we do not receive final settlement or payment, we are entitled to a refund from you for any amount credited to your account and may deduct such amount from your account without notice to you and the ODFI will not be considered to have paid the amount of the credit entry to you. According to the rules set forth by NACHA (as defined below), we are not required to provide you with notice that we have received an ACH transfer to your account unless we have expressly agreed otherwise.
d. Visa Zero Liability Protection. Subject to certain exceptions and except as otherwise provided in this agreement, you will not be held responsible for unauthorized Debit Card transactions processed by Visa as long as you: (i) exercise reasonable care in safeguarding your Debit Card from any unauthorized use; and (ii) immediately notify us of any loss, theft, or unauthorized use of your Debit Card by calling us at (888) 463-4661. Subject to the foregoing, you must notify us within two business days after you learn of the loss or theft of your Debit Card or PIN and within 60 days after the first statement was made available to you on which an unauthorized transaction appeared. Upon receipt of your notice, we will promptly investigate any transactions you believe are unauthorized, which can take up to 45 days from the date we receive all necessary information and documentation (as explained below) or longer if there are extenuating circumstances. If applicable, we will provide a provisional credit to your account within five business days of receipt of your notice for the amount of the transactions you think are unauthorized (except for ATM withdrawal transactions), unless we determine that additional investigation is warranted. You must cooperate and assist with our investigation (e.g., by providing certain information and documentation, such as signed forms, notarized affidavits, and police reports). Notwithstanding the limitation of liability for unauthorized transactions described in this subsection, you may be liable for some or all of any unauthorized transactions if: (x) you don’t cooperate and assist with our investigation; (y) we reasonably determine that you were fraudulent or negligent in the handling of your account or your Debit Card; or (z) you did not notify us of the loss, theft, or unauthorized use of your Debit Card in accordance with the timeframes set forth in this subsection. In addition, the limitation of liability for unauthorized transactions described in this subsection does not apply to transactions performed using the routing and direct deposit numbers for your account or any other transactions not processed by Visa.
e. Our Liability for Failing to Make Transfers. We will not be liable for your losses or damages in regard to an electronic fund transfer to or from your account if:
i. Through no fault of ours, you do not have enough available funds in your account to make the transfer;
ii. Circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, computer breakdown, telephone line disruption or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us;
iii. The system, ATM or POS terminal was not working properly and you knew about the problem when you started the transaction;
iv. The funds in your account are subject to legal process, an uncollected funds hold or are otherwise not available for withdrawal;
v. The information supplied by you or a third party is incorrect, incomplete, ambiguous or untimely;
vi. We have reason to believe the transaction was authorized by you; or
vii. The transaction cannot be completed because your Card is damaged.
There may be other exceptions stated in our agreement with you.
f. Periodic Statements. You will get an account statement each Statement Cycle (unless there are no transfers in a particular cycle). You will have access to these statements through the Mobile App or Website. We do not mail paper statements. If you give us your email address, you agree that we may send communications and notices electronically to that address rather than through the mail, unless the law says otherwise.
g. Business Days. Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.
h. Amendments/Changes in Account Terms. We may add to, delete or change the terms of our agreement with you at any time by mailing, e-mailing or delivering a notice, a statement message or an amended agreement to you at the last address (location or e-mail) on file for you, your account, or the service in question. Unless otherwise required by law, we may amend the agreement without prior notice (e.g., by uploading it to the Mobile App, posting it on the Website or otherwise making it available to you).
We may substitute similar services or discontinue currently offered services for certain accounts by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.
i. Information Given to Third Parties. We may disclose information to third parties about you, your account, and the transactions on your account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer the account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on the account; (viii) to disclose the existence, history, and condition of your account to consumer reporting agencies; and (ix) as permitted by law.
7. Bank Transfer Service.
a. General. You can use our bank transfer service to transfer money from another bank account at a U.S. financial institution to your Green Dot Bank issued account (your “QuickBooks Checking account”). We refer to these types of transfers as “Inbound Transfers.”
You can also use our bank transfer service to transfer money from your account associated with your Debit Card to another valid bank account at a U.S. financial institution that accepts such transfers (each such transfer, an “Outbound Transfer” and, in conjunction with Inbound Transfers, the “Service”). Although we may use any means to execute your instructions, we normally use the automated clearing house (ACH) to transfer funds.
b. Account Verification. We may verify your ownership of accounts at another institution from time to time by (a) asking you to provide proof of ownership, (b) engaging in test transfers, and/or (c) accessing your account information at the other institution.
When we validate your ownership of accounts through the use of a test transfer, one or more small payments will be credited to your account with the other institution. Once the test transfer is complete, we will ask you to access your account and tell us the amount of the test credit or any other information reported to us by your bank.
We may verify your ownership of an account by asking you to provide us with information (e.g., your username and password). You agree that you are providing that information to us and/or our vendor directly so that they and/or we can access information about your other account online in accordance with these terms.
You authorize us and Intuit Inc., and their vendors, to act as your agent and attorney-in-fact for the limited purpose of gathering information about your accounts at other financial institutions, communicating with others regarding your instructions, and processing your transfers. You represent to us that: (a) the financial institutions you designate have expressly agreed to (or do not prohibit) those actions by us; (b) you have the authority to grant us the right to conduct those activities; (c) you are authorized to conduct transfers to and from the accounts you designate for the Service; (d) the information you provide to us regarding your accounts at other institutions is accurate and complete; (e) you are an owner and authorized signer on such accounts; (f) no other person’s authorization is required for us to process your requested transfers; and (g) such action does not violate the terms and conditions applicable to your bank account, this agreement, or applicable law.
Other institutions may contact us to verify information about an account or transaction. You agree that we may provide any information needed to verify your instructions or otherwise process a transfer.
Not all types of accounts are eligible for the Service. Be sure to check with us and other financial institutions for restrictions regarding transfers among your accounts (e.g., 401k, IRA, savings and money market accounts). We are not responsible for any costs or losses incurred from fund transfers that are not permitted under such restrictions by the provider of your account or those imposed by applicable law.
c. Minimum and Maximum Transfer Amounts. The minimum amount of any single Outbound Transfer is $1. Rolling single day and 7-day aggregate limits of Inbound Transfers apply, up to $20,000 in a single day and up to $40,000 every 7 days. You may not make more than 6 Inbound Transfers in a rolling 7-day period. The minimum and maximum amounts are subject to change. You may be eligible for a higher maximum aggregate transfer amount; if you are, we will disclose the higher limit at the time you use the service. We will notify you as required by law if these limits decrease, but we may change these limits below the amounts stated above or cancel your transfers without prior notice as described below in “Suspension and Reinstatement of Bank Transfer Service.” We also may impose different limits during the first 31 days your account is open.
d. Inbound Transfers. You may transfer funds from a bank account that you maintain with another U.S. financial institution to your QuickBooks Checking account. When you initiate a transfer from the other bank account, you authorize us to withdraw the funds from your other account. You agree that you will have sufficient funds in your other bank account to cover all Inbound Transfers that you set up.
You acknowledge that there will be a delay between the time you are notified of a pending transfer and the date funds are deposited to your QuickBooks Checking account. Although we may use any means to execute your instructions, we normally use the automated clearing house (ACH) to transfer funds. It then takes up to 3 business days before the funds are deposited to your QuickBooks Checking account.
The cutoff time for submitting transfer instructions is 9:30 p.m. (Pacific Time). Instructions received after the cutoff hour or on a non-business day may be processed by us on the next business day. Transactions scheduled to be processed on a weekend or bank holiday will be processed on the next business day.
e. Outbound Transfers. Outbound Transfers generally are processed within 3 business days of your request, but could take up to 5 business days in some cases. The financial institution that holds your bank account may take additional time to deposit the funds from an Outbound Transfer in your bank account. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner. In addition, we may delay or suspend the processing of an Outbound Transfer for security and fraud purposes and as otherwise specified in this agreement. You agree that you will have sufficient available money in your account to cover the amount of any Outbound Transfer that you request, including any applicable fees. If you do not, we may reject the Outbound Transfer. We will remove the money that you have designated to be transferred from your account when you submit the Outbound Transfer to us.
f. Declined and Reversed Transactions. We may decline to complete a transfer if: (a) we believe it may involve or result in a violation of law or expose us to liability or risk of loss; (b) we are unable to authenticate either your QuickBooks Checking account or your other bank account; (c) there are insufficient available funds for the transfer; (d) the transfer instruction is unclear, ambiguous or incomplete; (e) we identify a security risk involving the transaction; or (f) as otherwise stated in these terms. If we have begun a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to the other bank account.
In addition to the limits disclosed above, all bank transfers may be reviewed by us for fraud and security reasons. We are not responsible for any losses or damages that may result from our delay or cancellation of a transfer, or for any failure to notify you of such delay or cancellation.
You authorize us to return funds to the other bank account if we are advised by the financial institution or the company processing the transfer that the transfer was not properly authorized, was made to your QuickBooks Checking account in error, or that there were insufficient available funds in the other account for the transaction.
g. Indemnification/Limited Liability. You agree to indemnify us, and Intuit Inc, and each of our agents and affiliates from all claims, liabilities, losses, expenses and damages, including attorney’s fees, arising out of any action we take pursuant to your instructions or your violation of these terms or applicable law. We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner. If we give you credit for an Inbound Transfer prior to receiving funds from the other financial institution and do not actually receive funds, or if we are required to return funds to the other financial institution because such transfer was not authorized, you agree that you are responsible for any losses we may incur.
h. National Automated Clearing House Association Rules. Inbound and Outbound Transfers are governed by rules set forth by the National Automated Clearing House Association (“NACHA”). You agree to be bound by, and make the applicable warranties and representations required by, the NACHA rules. In the event of any conflict between the NACHA rules and any provision of this agreement, the NACHA rules will prevail. You may obtain a copy of the NACHA rules through www.nacha.org.
i. Suspension and Reinstatement of Bank Transfer Service. In the event that we at any time incur a problem with your use of the bank transfer service, including without limitation, (1) the inability to debit any of your account(s) or to collect with respect to any of your bank transfers as described above, (2) if you breach this or any other agreement with us, (3) we have reason to believe there has been or may be an unauthorized use of your QuickBooks Checking account, (4) we are unable to verify your identity or authority to use the Service to our satisfaction, (5) your QuickBooks Checking account is not in good standing, or (6) we believe that your use of the Service could expose Green Dot to increased risk, and without limiting any other right or remedy that we may have under this agreement or otherwise, we reserve the right to suspend or terminate your right to use the Service, immediately and without prior notice to you. You understand and agree that such action is reasonable for us to take in order to protect us from loss. We reserve the right in our sole discretion to grant or deny reinstatement of your use of the Service.
8. Additional Terms & Conditions.
a. Adjustments. We may make adjustments to your account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.
b. Account Contact Information Changes. You agree to notify us immediately in accordance with our security requirements of any change in your name, address, email address, or other contact information associated with your account, including the addition, transference or change in applicable beneficial owners in the event the business is not a sole proprietorship. For security reasons, we may, in our sole discretion, opt to not allow such a change. We may rely on our account records to determine the ownership of your account.
c. Compliance. You agree not to violate the laws of the United States, including without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your account or any account-related service to process Internet gambling transactions or conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.
d. Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an account or its funds or the authenticity or legitimacy of any transaction associated with your account we may, at our sole discretion, freeze the account and refuse transactions until we conduct an investigation to resolve the matter to our satisfaction. If you discover an error, forgery, alteration or other unauthorized activity involving transfers from your account using your routing and direct deposit number, you must notify us immediately by calling us at (888) 463-4661, but within no later than 2 days, by telephone and promptly in writing of the relevant facts, including a description of the transaction or error and the identity of any suspected perpetrator.
e. Consent For Us to Call You. You agree that we or our agents may contact you at any telephone number you provide to us, including your cell phone number. You agree to receive these calls and messages, such as a text message or prerecorded or autodialed calls. You understand that your service provider may charge you for these calls/messages.
f. Cutoff Hours. Instructions received by us on a weekend, holiday or after our cutoff hour on a business day may be treated and acted upon by us as if received on the next business day.
g. Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the account. We also may freeze, offset, refuse and/or reverse deposits and transactions if an accountholder dies or is adjudicated incompetent. If we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.
h. Deposit Insurance. Your accounts with us are insured to the regulatory limits by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington, D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at www.fdic.gov.
i. Force Majeure. We shall not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.
j. Governing Law. To the extent this agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.
k. Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) your property to the appropriate state if no activity occurs in the account or you fail to communicate with us regarding your account within the time period specified by state law. We may consider an account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant account notice to you prior to transferring the funds to the state. If funds are transferred to the state, you may file a claim with the state to recover the funds.
l. Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process which we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically or in writing. If we are not fully reimbursed for our record research, photocopying and handling costs by the party that served the process, we may charge such costs to your account. You agree to reimburse us for any cost or expense, including attorney fees, which we incur in responding to legal process related to your accounts. You agree that we may honor legal process that is served personally, by mail, email or facsimile transmission at any of our offices (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your account or records are maintained.
m. Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this agreement or by law with respect to your account or any account service must be commenced no later than one year after the day the cause of action accrues.
n. Other Agreements. You may have another agreement with us relating to this account which, by its terms, supersedes this agreement in whole or in part. For example, certain provisions of your other agreements with us (e.g., involving our online services) may supersede some of the terms of this agreement, to the extent that they are inconsistent.
o. Negative Balances. If you do not have enough money in your account to cover the amount of a transaction (e.g., teller cash withdrawal or other electronic transaction), we may reject the transaction without payment. We may elect, however, in our sole discretion to create a negative balance in your account by permitting the transaction. If your account balance drops below zero, you agree to pay the amount of the overdraft promptly, without notice or demand from us. You agree that we may use subsequent deposits and other credits to the account to cover any negative balance existing in your account, to the fullest extent permitted by law. Our allowance of transactions that create negative balances in no way obligates us to continue that practice at a later time. We may discontinue permitting negative balances without cause or notice to you. We discourage the practice of overdrawing accounts
p. Security Interest and Setoff. You grant us a security interest in your account, including all current and future deposits, for amounts owing to us now and/or in the future under this agreement or under any account service agreement by any owner. If you are a sole proprietor, the security interest set forth hereunder extends to any of your personal or business accounts Green Dot Bank may hold. We may charge or set off funds in your account, which can include, but is not limited to, those funds in your Envelopes or accrued unpaid interest earned on the Envelopes, for any direct, indirect, and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in your account, to the fullest extent permitted by law.
q. Severability. If any of the provisions of this agreement are determined to be void or invalid, the remainder of the agreement shall remain in full force and effect.
r. Privacy. We collect your information, which may include personal information about you and, to the extent applicable, the beneficial owners of the business, account balances, account transactions and certain transaction history. We collect this information, for example, when you open an account or make deposits or withdrawals from your account, use your Debit Card or provide account information or give us your contact information. We also collect your information from others, such as credit bureaus, affiliates, or other companies. We may disclose information to third parties about you, the business, the Card, and the transactions on your Card: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of the Card for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) to service providers who administer the Card or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (v) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; and (vi) in order to issue authorizations for transactions on the Card. We may also disclose information about you, the business, the Card, and the transactions on your Card to Intuit Inc. and its affiliates for their use in accordance with the Intuit Privacy Statement.
s. Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.
t. Transfers/Assignments. Unless otherwise agreed by us in writing, all accounts are non-transferable and non-negotiable. You may not grant, transfer or assign any of your rights to an account without our prior written consent. We are not required to accept or recognize an attempted assignment of your account or any interest in it, including a notice of security interest.
u. Waivers. We may delay enforcing our rights under this agreement without losing them. Any waiver by us shall not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest and notice of every kind, except as set forth in this agreement.
v. Termination or Suspension of Service or Account. We may suspend or terminate your Account, your Card and/or access to or use of any or all of our services at any time without cause in our sole discretion. We may immediately suspend your Account, your Card and/or the use of our services if you breach this or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your account.
9. Dispute Resolution
a. Acknowledgment of Arbitration. Your account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration clause. By opening your account, you acknowledge that you are giving up the right to litigate Claims if either party elects arbitration of the Claims pursuant to this clause, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this agreement.