CardSwap Terms and Conditions

Changes to Terms of Service.

Scope of and Restrictions on Use.

• collect information from the Services using an automated software tool or manually on a
  mass basis;
• use automated means to access the Services, or gain unauthorized access to the Services or
  to any account or computer system connected to the Services;
• obtain, or attempt to obtain, access to areas of the Services or Our systems that are not
  intended for access by you;
• "flood" the Services with requests or otherwise overburden, disrupt, or harm the Services or
  Our systems;
• restrict or inhibit other users from accessing or using the Services;
• modify or delete any copyright, trademark, or other proprietary rights notices that appear in
  the Software; or
• access or use the Services for any unlawful purpose or otherwise beyond the scope of the
  rights granted herein. 
  

• copy the Software
• modify, translate, adapt, or otherwise create derivative works or improvements, whether or
  not patentable, of the Software;
• reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain
  access to the source code of the Software or any part thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make
  available the Software or any features or functionality of the Software to any third party for any
  reason, including by making the Software available on a network where it is capable of being
  accessed by more than one device at any time; or
• remove, disable, circumvent, or otherwise create or implement any workaround to any copy
  protection, rights management, or security features in or protecting the Software.
  

Ownership.

Account Registration and Security.

Payment Card Service.

• 5.1 Description. We provide a Card Payment Service (”CardSwap”) that allows you to link your Bank of Washington Consumer, Health Savings Account or Business Debit Card or Consumer or Business Credit Card to certain third-party service providers ("Payees") by accessing your accounts on such Payees’ websites and online services ("Payee Sites") via the Card Payment Service. The Card Payment Service allows you to add or swap your payment card used to make payments thereby making payments from a single funding account, as that term is defined in Section 5.3 below.
• 5.2 Payee Account Information. In order to use ”CardSwap”, you will need to link your Debit or Credit Card on Payee Sites to ”CardSwap” by providing Us with the information necessary to access such accounts (such as account usernames and passwords) ("Payee Account Information"). You hereby authorize Us to use and store your Payee Account Information and to access your accounts on Payee Sites to provide ”CardSwap” Service to you and to configure “CardSwap” so that it is compatible with the applicable Payee Sites. You represent and warrant to Us that you are the legal owner of any accounts on Payee Sites that you access via “CardSwap” and that you have the authority to allow Us to access your accounts using your Payee Account Information on your behalf.
• 5.3 Funding Accounts. If you use ”CardSwap”, payments will be paid using funds from your Bank of
  Washington Checking Account linked to your Consumer, HSA (Health Savings Account) or Business Debit Card or your Bank of Washington Consumer or Business Credit. (each, a "Funding Account"). By initiating a payment through “CardSwap”, you authorize Us to charge the Funding Account linked to your Payment card(s) that you designate to pay such bill. You represent and warrant that you have the right to authorize Us to charge the Funding Account for payments you initiate using “CardSwap”. You agree to maintain a balance or available credit limit in each specified Funding Account that is sufficient to fund all payments made using the Debit or Credit Card linked via “CardSwap”. If for any reason the Payee is unable to access funds from the specified Funding Account to make a payment transaction you initiate (for example, non-sufficient funds, restricted, expired, or closed Debit or Credit Card, exceeding maximum limits of Debit or Credit Card), the transaction may not be completed. We are not responsible for any overdraft fees, over-the-limit fees, or insufficient fund charges (including finance charges, late fees, or similar charges) that result from your failure to maintain a balance or available credit in a Funding Account that is sufficient to fund the payments you initiate using the Debit or Credit card linked via “CardSwap”.
• 5.4 Limitations. You acknowledge and agree that: (a) some Payees may not allow Us to access your
  account on Payee Sites on your behalf; (b) Payees may make changes to Payee Sites and/or other
  services, with or without notice to Us, that may affect overall performance of “CardSwap” and prevent or delay payment to such Payees; (c) certain Payees may not accept payment from all types of funding sources (for example, not all Payee Sites may accept debit or credit cards); and (d) We may, in Our sole discretion, impose limits on the number and amount of payments, in aggregate, that you can send using the Debit or Credit Card linked via “CardSwap”.
  When a payment is initiated using the Debit or Credit Card linked via “CardSwap”, the Payee is not
  required to accept it. You agree that you will not hold Us liable for any damages resulting from a Payee not receiving payment made using the Debit or Credit Card linked via “CardSwap” for any reason.
• 5.5 Payment Delays and Errors. It is your responsibility to review all payment transactions you
  initiate using the Debit or Credit Card linked via “CardSwap” against account statements you receive
  from Us. You acknowledge that some transactions may take longer to be credited to your account on a Payee Site due to circumstances beyond Our control, such as delays in handling and posting payments, errors with Payee Account Information, or errors with funding instructions. You are solely responsible for ensuring that payments made using the Debit or Credit Card linked via “CardSwap” arrive by the Payee’s due date.
  You are solely liable for errors you make in using “CardSwap”. Without limiting the foregoing, We will
  not be responsible or liable: (a) if the Debit or Credit Card linked via “CardSwap” or linked Funding
  Account is restricted, expired, closed or does not contain sufficient funds or transaction amount or
  velocity limit to complete a transaction; (b) if a payment is rejected, returned, mishandled, or delayed by the Payee or Us for any reason; or (c) due to (i) any unavailability of “CardSwap” for any reason, (ii) fraud or attacks on the Services, or (iii) circumstances beyond Our control (for example, fire, flood, third party networks, or any failure by your computer, software, or Internet connection).
• 5.6 Unauthorized Transactions. You must notify Us immediately if you suspect or believe that a
  transaction to a “Payee” has occurred using the Debit or Credit Card linked to the Payee via “CardSwap” that you did not authorize or that an incorrect amount was authorized. In an effort to manage Our risk, We and Our service providers may, but are not required to, monitor your transactions and processing activity for high-risk practices or for fraudulent transactions.
  Electronic Communications. The communications between you and Us via the Services use electronic means. For contractual purposes, you consent to receive communications from Us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such
  communications be in writing.

Privacy Policy.

Software Updates.

Change and Suspension.

• 9.1 Changes to the Services. We reserve the right to make changes to, suspend, or discontinue
  (temporarily or permanently) the Services or any portion thereof at any time. You agree that We will not be liable to you or to any third party for any such change, suspension, or discontinuance.
• 9.2 Suspension/Termination of Access. We have the right to deny access to, and to suspend or
  terminate your access to, the Services or to any features or portions thereof, at any time and for any
  reason, including if you violate these Terms of Service or if We believe there is suspicious or unusual activity related to your account. Neither termination nor suspension shall affect your liability or obligations under these Terms of Service. In the event that We suspend or terminate your access to the Services, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
  In the event We terminate your account, any payments to Payees that We have processed before the
  termination date may be completed, however you should verify that such payments have been
  completed directly with your intended Payee. We are not responsible for any payments not completed by Us as a result of termination.

Disclaimer; Limitation of Liability.

• 10.1 Disclaimer of Warranties. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
• 10.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 10.2, WE ARE FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF SERVICE, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF $100.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF SERVICE FAIL OF THEIR ESSENTIAL PURPOSE.
• 10.3 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or
  consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you. In such states, any exclusions and/or limitations found unenforceable by law shall be severed from these terms and conditions, and our liability is limited to the absolute minimum amount permitted by law.

Indemnification.

Third Party Materials.

Third Party Platforms.

U.S. Export Controls.

Miscellaneous.

• 15.1 Geographic Restrictions. We are based in the United States. We make no claims that the
  Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
• 15.2 Governing Law; Jurisdiction and Venue. These Terms of Service and any dispute or claim arising out of or related to these Terms of Service, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Louisiana, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Louisiana. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Services or Content shall be instituted exclusively in the federal or state courts located in Orleans Parish, Louisiana. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
• 15.3 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING
  OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR CONTENT MUST BE
  COMMENCED WITHIN TWO (2) YEARS AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
• 15.4 Waiver of Jury Trial. YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY
  ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES OR CONTENT.
• 15.5 Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms
  of Service will not constitute a waiver of such right or provision. If any provision of these Terms of
  Service is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Service will continue in full force and effect.
• 15.6 Entire Agreement These Terms of Service, including Our Privacy Policy and additional documents incorporated herein by reference, constitute the sole and entire agreement between you
  and Us with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.