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My Prepaid Center Website Terms of Use

Last Updated April 17, 2015

1. Definitions

You, your and yours refer to the cardholder who is accessing or attempting to access the Website.

We, us, our and BES refer to Blackhawk Engagement Solutions, Inc. and its affiliates.

Account – A user account with us, which you access by entering a Card number or User ID and Password.

Card – The prepaid card issued or sold by BES.

Content – All information contained on the Website.

Marks – This term is defined in Paragraph 11 below.

Password – A unique personal identifier consisting of a combination of letters and numbers that, together with a User ID, provide you with access to your Account through the Website.

Cardholder Agreement – The Cardholder Agreement between you and the Card issuer, which governs your use of the Card and may contain information related to your use of the Website.

Service – The services offered by BES through the Website, including but not limited to, accessing information regarding your use of the Card and managing preferences with respect to notifications related to the Card.

Terms of Use – These Terms of Use governing the use of the Website, and such other additional terms, conditions, rules and policies that are displayed or to which you may be directed in connection with the Website, as may be modified by BES from time to time. Please note that the Terms of Use may be updated from time to time without notice to you.

User ID – Your personal identification code that, together with your Password, provide you with access to your Account through the Website. The User ID is the property of BES.

Website – The My Prepaid Center Website operated by BES through Internet pages at a website address provided by BES to you and pages linked thereto, for which the login page includes a footer link to the BES My Prepaid Center Website Terms of Use.

2. Acceptance

The Terms of Use set forth the terms and conditions under which you may use this Website. By accessing the Website or using the Service, you agree to be bound by the Terms of Use. IF YOU DO NOT AGREE TO THE TERMS OF USE (WITHOUT MODIFICATION), YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THIS WEBSITE. You are responsible for regularly reviewing the current Terms of Use. The most current version of the Terms of Use can be reviewed by clicking on the Terms of Use hypertext link located at the bottom the Website. Your use of our Website following any such revision means that you agree to the Terms of Use as revised.

3. Use of the Website

BES grants you a non-transferable and limited license to access and make use of the Website to utilize the Service. The license granted in this Paragraph 3 does not include any resale or commercial use of the Website or the Content; any derivative use of this site or the Content; any downloading or copying of information or Content; or any use of data mining, robots, or similar data gathering and extraction tools.

If the Card tied to your Account is expired, you may only access the Service by entering the Card number on the Website. Your User ID and Password will not allow you to access the Service for an expired Card.

You acknowledge and agree that, without the prior written consent of BES, you will not:

(a) Copy, reproduce, duplicate, reverse engineer, reverse assemble, adapt, translate, modify, decompile, disassemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, create a database in electronic or structured form by systematically and/or regularly downloading, caching or storing all or any Content, publish, license, create derivative works from, transfer, sell, resell, publish or in any other way commercially exploit any information, application, software, programs, products, Marks, Content or services obtained through the Service or on the Website;

(b) Upload or transmit any material that infringes any patent, trademark, trade secret, copyright, moral right, or other proprietary rights of any party, including without limitation, rights of publicity or privacy;

(c) Use the Service for illegal, fraudulent or defamatory purposes or take any steps that could undermine the security or integrity of the Website or the Service;

(d) Use the Service for any purpose that is prohibited by these Terms of Use. Without limiting the generality of the foregoing, you may not (i) use the Service in any manner that could damage, disable, overburden or impair our servers or networks, or interfere with any other user’s use and enjoyment of the Service; (ii) attempt to gain unauthorized access to any of the Service, other Website services, accounts, computer systems or networks connected to BES through hacking, password mining or any other means; or (iii) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

4. Your Responsibility for Use of the Service and Your User ID and Password

You are responsible for all activity resulting from the use of your User ID and Password by any person, including any entry error or fraudulent use. You are responsible for maintaining the confidentiality of your User ID and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your User ID or password. If your User ID or Password is lost, stolen or becomes known to an unauthorized person, you agree to notify BES immediately using the toll-free telephone number found on the back of the Card or in the “Contact Us” section of the Website.

5. Termination or Suspension of Use of the Website, the Services and Your Account

We may, in our sole discretion, terminate or suspend your entry to, and/or use of, the Website, the Service, and/or your Account, or any portion thereof, at any time, if we believe that you are violating these Terms of Use, and you agree that (a) if your authorization to enter the Website, use the Service or access your Account is terminated, you will not thereafter enter, use and/or access the Website, the Service or your Account, or attempt to do so, directly or indirectly, and (b) if your authorization to enter the Website, use the Service or access your Account is suspended, you will not thereafter enter, use and/or access the Website, the Service or your Account, or attempt to do so, directly or indirectly. We also reserve the right to cancel Accounts that have been inactive for six months. For the avoidance of doubt, we may cancel your User ID or Password without notice, and if we request that you cease to use your User ID, you must do so immediately. In the event of such termination you may still access information available on the Website by calling the toll-free number on the back of the Card.

6. Modification to the Website or Services

For the avoidance of doubt, (a) we may modify, suspend, discontinue and/or restrict the use of all or any portion of the Website including, without limitation, the availability of any Content contained on the Website at any time for any reason (or for no reason) and without notice or liability, and (b) we may, with or without notice to you, change any of the Services offered on the Website.

7. Electronic Submission of Data

By using the Website, you authorize us to accept electronic submission of the data that you transmit to us through the Website. You agree to comply with U.S. and Canadian law, as applicable, regarding the transmission/export of data through the use of the Website or Service. You are solely and expressly responsible for the accuracy of the data you submit electronically through the Website or Service. Transmission records and files will be conclusive proof of use of the User ID or the Service and will be considered your submission of the electronic data through the Website.

8. Protecting your Privacy

We are committed to protecting the privacy of your personal information or personal information transmitted by you. For complete details, see our Privacy Statement linked at the bottom of the Website’s homepage.

9. Electronic Communications

When you use the Website or send emails to us, you are communicating with us electronically. The term "electronic communication" means any communication of instructions by telex, telephone, Internet, mobile device, wire or other method of telecommunication or electronic transmission, including a facsimile transmission or personal computer. We will consider any electronic communication received from you or in your name to be duly authorized by you. You authorize us to rely and act on any such communication. If the communication is by facsimile transmission, we will be entitled to act upon any signature purporting to be your signature. If we try to verify the signature on a facsimile transmission or the validity of any instructions electronically communicated (though we are not obligated to do so) and are unable to do so to our satisfaction, we may delay in acting on or refuse to act on such instructions. We may, at your request, forward to you copies of any statements, instruments or other documents by facsimile or other electronic transmission to the number or address provided by you. For our mutual protection, we may record telephone calls that relate to the use of or include instructions for using the Service or the Website. You agree that our records regarding any electronic communication will be admissible in any legal, administrative or other proceedings as if such records were original written documents. Our records will be conclusive proof of the information contained in such electronic communications. You consent to receive communications from us electronically. We may communicate with you by email or, if specifically authorized by you, by SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you elect to receive SMS alerts, you may terminate those alerts at any time by opting out on the Website or by replying “STOP” to any SMS alert; you may also obtain more information regarding the alerts by replying “HELP” to any SMS alert. Message and data rates may apply to SMS alerts. For more information, please contact customer service using the toll-free telephone number found on the back of the Card or in the “Contact Us” section of the Website. The frequency of SMS alerts you receive will depend on the type of alerts for which you subscribe: daily, weekly, in response to account activity, and/or as otherwise specified when you opt-in to the alerts.

If you elect to receive e-mail alerts, you may terminate those alerts by opting out at any time on the Website. However, as we will occasionally need to send you certain email messages that are important to your use of our Websites, we retain the right to provide service updates to you via email. Because this information may be important to your use of our Websites, you will not be able to opt out of receiving such messages.

10. Affiliated Sites

BES has no control over, and no liability for, any third party websites or materials. BES works with a number of partners whose Internet sites may be linked with the Website. Because neither BES nor the Website has control over the content and performance of these partner sites, BES makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and BES assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that BES makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

11. Trademarks and Copyright

All Content contained on the Website is the property of BES and/or its licensors. The trademarks, logos, and service marks used on the Website are the property of BES and its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BES and its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. The trademarks, logos, service marks, and trade dress described herein are collectively referred to as the “Marks.”

Content posted by BES on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the intellectual property of BES and its licensors and is protected by United States and international copyright laws, with all rights reserved unless otherwise noted.

Your use of any of the intellectual property appearing on the Website is expressly prohibited without the prior written consent of, as applicable, BES or the owner of the intellectual property. Without limiting the generality of the foregoing, your use, copying, republication or redistribution of the Content or Marks, including by caching, framing or similar means, is expressly prohibited without the prior written consent of BES or as otherwise permitted by the Service. You agree not to reproduce, modify, alter, deface, create derivative works or publicly display any of the Marks or Content made available through the Website without first receiving our express written permission. You further agree not to use the Content for any purpose other than the purpose for which such Content is made available to users through the Website.

You shall not distribute, either internally or to the public, any materials (including but not limited to advertisements, Internet notices or web pages, brochures and posters) that refer directly or indirectly to BES, BES’s registered Marks, BES’s merchant partners and their Marks, or the BES products or services without the prior review and written approval from BES.

12. No Warranties

BES HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BES DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE SECURE OR FREE OF INTERRUPTIONS, ERRORS OR VIRUSES.

13. Limited Liability

BES’S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY BES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

14. Indemnity

You agree to indemnify, defend, and hold harmless BES and its respective officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement of any intellectual property or other right of any person or entity. BES will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

15. No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

16. Linked Internet Sites

This Website may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience and BES is not responsible for, and we do not give any warranties or make any representations regarding, any such websites and/or services, and we are not responsible for or liable in relation to the content or your use of such websites.

17. General

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect and any invalid provision will be replaced with a valid provision that most closely approximates the intent of the invalid provision. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. BES may, in its sole discretion and without prior notice or any liability to you for such action, (a) revise these Terms of Use; (b) modify the Website and/or the Service; and (c) discontinue the Website and/or Service at any time. BES shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms of Use.

The Website originates in the United States. The Cardholder Agreement along with these Terms of Use constitutes the entire agreement between BES and you pertaining to your use of the Website and the Service. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Alameda County, California, USA in all disputes arising out of or related to the use of the Website or Service. The parties have required that the Terms of Use and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.

Merchants are subject to change.
Prepaid cards issued in connection with loyalty, award or promotion program.

Blackhawk Discover® gift cards and prepaid cards are issued by MetaBank®, Member FDIC. Discover® and the Discover Acceptance Mark are service marks used by MetaBank under license from Discover Financial Services.

In Canada, Mastercard Prepaid Cards are issued by Peoples Trust Company pursuant to license by Mastercard International Incorporated. ®/TM Mastercard is a registered trademark, and the circles design is a trademark of Mastercard International Incorporated. In the United States, Mastercard Prepaid Cards are issued by MetaBank, Member FDIC, pursuant to license by Mastercard International Incorporated. Mastercard is a registered trademark of Mastercard International Incorporated.

In Canada, Visa Prepaid Cards are issued by Peoples Trust Company pursuant to a license by Visa Int. *Trademark of Visa Int., used under license. In the United States, Visa Prepaid Cards are issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A. Inc.

The information on this site has been translated into French and Spanish for your convenience only. The translation may not accurately represent the meanings of terms, conditions and representations presented in the English language. The English language controls the meaning of the information provided herein.

For MetaBank privacy policy, visit https://www.metabank.com/privacy-policy.

For patent information, visit blackhawknetwork.com/patent.
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