The Care.com Money Prepaid Mastercard app (the “App”) offered by Engage Financial Technology, Inc. (Engage) provides financial management tools to enable you to track your use of your Care.com Money Prepaid Mastercard (your “Pre-Paid Card”).
“You” (and all of its derivations) means you individually and any person acting as your agent, under your authority, or with your permission, and, if you are accepting these Terms on behalf of a company or other legal entity, then that legal entity. You represent and warrant that you are: (a) at least 18 years of age (or the minimum age in your jurisdiction for entering into a binding contract), (b) capable of entering into a legally binding agreement, and (c) a legal resident of the United States. If you are entering into these Terms on behalf of a company or other legal entity, you further represent and warrant that: (i) you have the authority to bind the legal entity, (ii) such legal entity is authorized to conduct business in the jurisdiction(s) in which you operate, and (iii) all employees, officers, agents, and other representatives of the legal entity who use the App are duly authorized to access and use it. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER TO USE THE APP AND MAY NOT USE THE APP.
These Terms provide that all disputes between you and Engage will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action (if class action claims can be filed in your jurisdiction). Please review Section 24 (“Dispute Resolution and Arbitration”) for the details regarding your agreement to arbitrate any disputes with Engage.1. Privacy
As a condition of using certain aspects of the App, you may be required to register for an account (“Account”) with Engage in addition to any account that you may have with the issuer of your Pre-Paid Card(s). To register for an Account, you will: (a) provide true, accurate, and complete information about yourself in the registration form; (b) maintain and promptly update such information; and (c) establish a username and password which you will keep secure. You are responsible for keeping your Account password secure and for all activities that occur through or by use of your Account, including the activities of others (whether or not you have authorized those activities). You agree not to provide access to your Account, your username, or password to others. You are solely responsible for protecting the security of your Account on your devices. You must immediately notify Engage of unauthorized access to or use of your Account. Engage reserves the right to require you to change your passwords if Engage believes they are no longer secure. Engage will have no liability associated with or arising from your failure to maintain accurate Account information. Neither Engage nor its agents will be liable for any loss or damages of any kind that may arise as a result of the unauthorized access to or use of your Account (with or without your knowledge), except to the extent the foregoing limitation is prohibited by applicable law. You are responsible for all use of your Account and for ensuring that use of or access to your Account complies fully with these Terms. By using the App, you authorize Engage to receive information from the Prepaid Card issuer regarding your Prepaid Card transactions.3. Engage Not a Bank
Engage is not a bank or a money services business as defined by the United States Department of Treasury and does not offer those services. Engage does not issue payment cards (including Pre-Paid Cards) of any kind. The App may allow you to access certain financial services, such as remote check deposit and bill payment. These services are provided by the issuer of your Pre-Paid Card, not Engage, and you must enter into a separate agreement with the issuer of your Pre-Paid Card in order to use these services. Any and all questions or issues regarding any of your Pre-Paid Cards or any such financial services should be directed to the bank or financial institution that issued that Pre-Paid Card and not to Engage. ENGAGE MAKES NO REPRESENTATIONS THAT YOUR PRE-PAID CARDS ARE VALID OR IN GOOD STANDING OR WITH RESPECT TO THE USE, ACCURACY, OR OPERATION OF SUCH FINANCIAL SERVICES.
If you have any concerns with respect to any transaction made using your Pre-Paid Card, you must contact the merchant with which you entered into that transaction. You may also have certain rights and protections under your agreement with the bank or financial institution that issued your Pre-Paid Card or under applicable law with respect to the charges for transactions made to your Pre-Paid Cards. Consult your agreement with your Pre-Paid Card issuer for details.4. Licenses
So long as you comply with these Terms,
As between you and Engage, Engage owns and retains all right, title, and interest, including all intellectual property rights, in and to (a) the App and all content contained therein and (b) Engage’s systems and services (collectively, the “Engage Property”). Engage, its licensors, or third-party partners own and retain all right, title, and interest in all names, trade names, trademarks, service marks, slogans, logos, domain names, or other indicia of Engage or its licensors or third party partners used in connection with the App (collectively, the “Trademarks”). You have no right to use any Trademark in any manner without the advance written permission of the owner of that Trademark. Engage reserves all rights in the Engage Property and Engage Trademarks not expressly granted to you in these Terms.6. Your Conduct
You may not use the App for any purpose other than as set forth in these Terms. Without limitation of the foregoing, you will not: (a) use the App or any of the content contained therein in connection with any fraudulent or illegal conduct, transaction, or business, as determined by Engage in its sole discretion; (b) “spam” others or “phish” for others’ personal information; (c) register for an Account by automated means or under false or fraudulent pretenses or create or use a false identity; (d) disrupt, interfere with, circumvent, or interfere with any security mechanism used by or on behalf of Engage, including in the App; (e) disrupt or interfere with any other user’s enjoyment of the App; (f) use, frame, or use framing techniques to enclose any Engage Trademarks or other proprietary information; (g) use meta tags or any other “hidden text” using Engage Trademarks; (h) use the App in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violative of any third party proprietary rights, or in violation of any law or regulation; (i) transmit any viruses, worms, defects, Trojan horses, or any programming of a destructive nature; (j) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” to access the App; (k) act as an intermediary, aggregator, or service bureau yourself or on behalf of any third party; (l) rent, lease, loan, trade, sell, re-sell, or otherwise charge any party for access to the App; (m) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App or otherwise relating to the App, or make or attempt to make any modification to the App (except to the extent the foregoing prohibition is not permitted under applicable law); (n) gain access to or use Engage’s services or systems or the App other than as permitted under these Terms, or damage, disrupt, or impede the operation of Engage’s services or systems; or (o) attempt to do any of the foregoing acts, or assist or permit any person in engaging in any of the foregoing acts.7. Text Messages and Carrier Fees
From time to time, Engage may ask you for (or you may independently provide Engage with) your feedback, suggestions, comments, or ideas (collectively “Feedback”) on the App or other Engage products or services, but you are not required to provide any such Feedback. You agree that Engage may use and exploit all Feedback you provide for any purpose without obligation of any kind and without any obligation of confidentiality, attribution, accounting, compensation, or other duty to account to you.10. Your Representations
You represent and covenant that (a) the information you provide to Engage in connection with your registration for an Account is true and correct and you will keep it accurate and up-to-date at all times and (b) you will comply with these Terms and all applicable local, state, federal, and international laws, rules, and regulations in connection with your use of the App.
11. Your Content
An “Interactive Forum” means any group, club, discussion area, upload functionality, message board, chat room, or similar interactive service appearing on the App. You must comply with the instructions on the App in order to contribute to any Interactive Forum. Engage is not responsible for material appearing in any Interactive Forum and does not screen such material in any way. However, Engage retains the right to modify or remove such material for any reason or for no reason.
You are solely responsible for all material you contribute to an Interactive Forum, including the concepts, ideas, documents, texts, photographs, audiovisual footage and other material contained therein (“Your Content”). You may not post material known or reasonably suspected to be false. By contributing Your Content to the App, you understand, represent, and agree that: (a) Your Content complies with these Terms; (b) Your Content is your original and sole creation and that you have all necessary rights to post it, or have validly obtained such rights; (c) Your Content does not infringe upon any third party rights, including but not limited to patent, copyright, trademark, trade dress, design right, rights of publicity or privacy or other proprietary right; (d) Your Content is not obscene, abusive, defamatory, slanderous or libelous and does not depict any person, entity or product in a false light or otherwise violate any law and (e) you have obtained any consents necessary to grant Engage the license granted in this Section 11. Engage is not subject to any obligation of confidentiality with respect to Your Content except as specifically agreed in writing by Engage or as required by law. You hereby grant Engage an irrevocable, fully paid-up, royalty-free, perpetual, transferable, sub-licensable, non-exclusive, worldwide license to use, copy, publish, distribute, adapt, create derivative works from, and modify Your Content in any and all media now known or hereafter devised, for any purpose. Although you retain ownership of original, unmodified content, you waive and agree not to assert any intellectual property rights against Engage resulting from its alteration of Your Content.12. Third Party Sites
You hereby indemnify and hold harmless Engage and its business partners, and its and their officers, directors, employees, representatives, and affiliates (the “Indemnified Parties”) from and against any and all claims, liabilities, damages (actual and consequential), losses, fines, and expenses (including legal and other professional fees and costs of investigation) arising from or in any way related to: (a) your use of the App; (b) your (or anyone using your Account’s) breach of these Terms or applicable law; (c) your negligence or willful misconduct; (d) any dispute between you and a third party, including any financial institution that has issued you a Pre-Paid Card; or (e) your violation of any third party’s rights, including any intellectual property rights. You will cooperate fully as reasonably required in the defense of any claim.14. Limitation of Liabilities and Warranties
THE APP, INCLUDING THE INFORMATION CONTAINED THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS. ENGAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. ENGAGE DOES NOT WARRANT THAT THE APP OR THE INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE, OR THAT THE USE OF THE APP WILL BE ERROR FREE, UNINTERRUPTED, FREE FROM SPYWARE, MALWARE, ADWARE, VIRUSES, WORMS, OR OTHER MALICIOUS CODE, OR WILL FUNCTION TO MEET YOUR REQUIREMENTS. ENGAGE DOES NOT WARRANT THAT THE APP WILL WORK ON YOUR HARDWARE, WITH YOUR OPERATING SYSTEMS, OR WITH ANY OTHER SOFTWARE INSTALLED ON YOUR COMPUTERS OR MOBILE DEVICES. INFORMATION OBTAINED BY YOU FROM ENGAGE WILL NOT CREATE ANY WARRANTIES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE APP. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE WHETHER THE APP IS SUITABLE AND ADEQUATE FOR YOUR NEEDS.
REGARDLESS OF WHETHER ANY REMEDY IN THESE TERMS FAILS ITS ESSENTIAL PURPOSE, THE INDEMNIFIED PARTIES ARE NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING FROM ANY PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, OR LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH: (A) THESE TERMS; (B) THE USE, COPYING, OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE APP AND THE INFORMATION CONTAINED THEREIN; (C) ANY INTERRUPTION OF SERVICE RELATED TO THE APP; (D) YOUR USE OF YOUR MOBILE DEVICE, INCLUDING ANY LACK OF ATTENTION TO YOUR SURROUNDINGS RESULTING FROM SUCH USE; OR (E) THE UNAUTHORIZED ACCESS BY ANY PARTY TO ENGAGE’S SERVICES AND SYSTEMS, INCLUDING PERSONAL INFORMATION, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE INDEMNIFIED PARTIES ARISING OUT OF YOUR USE OF THE APP, YOUR MOBILE DEVICE, OR THESE TERMS. WITHOUT LIMITING THE FOREGOING, ENGAGE IS NOT RESPONSIBLE FOR ANY MOBILE CARRIER FEES OR PENALTIES THAT YOU INCUR AS A RESULT OF YOUR USE OF THE APP.
NOTWITHSTANDING THE FOREGOING, THE INDEMNIFIED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED U.S. DOLLARS (US $100). THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY EXCEPT TO THE EXTENT EXPRESSLY PRECLUDED BY APPLICABLE LAW. IN THOSE JURISDICTIONS, ALL OR A PORTION OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE SCOPE AND DURATION OF THE INDEMNIFIED PARTIES’ WARRANTIES AND THE EXTENT OF THEIR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW.15. Assignment
You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing is invalid.16. Waiver; Invalidity
Engage’s failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable laws will not constitute a waiver of any of those provisions or rights. If any provision of these Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, the parties agree that the arbitrator or court will endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of these Terms will remain in full force and effect.17. Entire Agreement
These Terms constitute the entire agreement between Engage and you with respect to the App and supersede all prior or contemporaneous communications, agreements, and understandings between Engage and you with respect to the subject matter hereof.18. Termination
These Terms are effective until terminated as provided in herein. Engage may suspend or terminate your use of the App at any time, with or without cause and without notice, including in the event Engage believes: (a) your contact information is not up-to-date or you do not respond to communications directed to you; (b) the information you have provided to obtain your Account is false, inaccurate, not current, or incomplete; (c) you are engaged in illegal activity; (d) you have breached any of these Terms; or (e) your Account has been inactive for more than thirteen (13) months. You may terminate these Terms for any reason or no reason at all, at your convenience, by ceasing all use of the App. Upon termination of these Terms for any reason, the rights and licenses granted to you with respect to the App will immediately terminate and you will have to immediately cease all use of the App. The terms, conditions, and warranties contained in these Terms that by their nature and context are intended to survive the termination of these Terms will survive, including the following Sections: 5 (Ownership), 6 (Your Conduct), 9 (Feedback), 10 (Your Representations) 11 (Your Content), 12 (Third Party Sites), 13 (Indemnity), 14 (Limitations of Liabilities and Warranties), and 15 (Assignment) through 25 (Interpretation). Engage will have no liability to you for any damages or other claims arising from the termination or suspension of your access to the App.19. Force Majeure
Engage will not be liable for any delay or failure to perform its obligations hereunder resulting from any cause beyond its reasonable control, including telecommunications, power, internet, or utility failures.20. Relationship of the Parties
These Terms do not create and will not be construed as creating a joint venture, co-ownership, partnership, or agency relationship between you and Engage.21. [Intentionally Left Blank]
Engage Financial Technology, Inc. Attention: Jonathan Shultz 5675 Ruffin Road, Suite 115 San Diego, CA 9212323. Governing Law
These Terms are governed by the laws of the State of California without regard to conflict of law principles. If Section 24 is declared null and void in its entirety, then you and Engage agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Diego County, California for the purpose of litigating any dispute. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms must be filed within one (1) year after the claim or cause of action arose.24. Dispute Resolution and Arbitration
The section headings in these Terms are for convenience only and have no legal or contractual effect. For purposes of these Terms: (a) the words “include,” “includes” and “including” will be deemed to be followed by the words “without limitation”; (b) the words “such as”, “for example” “e.g.” and any derivatives of those words will mean by way of example and the items that follow these words will not be deemed an exhaustive list; (c) the word “or” is used in the inclusive sense of “and/or” and the terms “or,” “any,” and “either” are not exclusive; and (d) the singular includes the plural and the plural includes the singular. No ambiguity will be construed against any party based on a claim that the party drafted the language.