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Ollo Card Services Online Terms of Use

Effective Date: July 1, 2018

By accessing an Ollo Card Services ("we", "us", "our” or “Ollo") website, mobile application, or other interface that links to these Terms of Use ("Site") you agree to these Terms of Use, which also reference our Online Privacy Policy. We may change the Terms of Use at any time, so please review them periodically. Any changes will become effective when posted on a Site, and your continued use of any Site means that you accept the revised Terms of Use.

Limitations on Use

The Sites are based in the United States for residents of the U.S. aged 18 years or older and are not intended for use by others or from outside of the U.S. We may change, suspend, or discontinue all or any part of the Sites, or deny you access to all or any part of the Sites, without notice and without reason. By accessing the Sites, you agree that you will not:

  • use the Sites for any unlawful purpose, impersonate any person or entity, or misrepresent your affiliation with a person or entity;

  • decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Sites;

  • circumvent, remove, alter, degrade, or thwart any protections or safety features on the Sites, or use the Sites to collect any market research;

  • use automated means, including spiders, robots, crawlers, or data mining tools, to download or scrape data from the Sites, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;

  • take any action that imposes or may impose (in our discretion) an unreasonable load on our technical infrastructure; or

  • interfere with the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means.

Software

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the software and related functionality embedded in the Sites (“Software”). Certain Software that Ollo uses to provide the Sites has been licensed from third parties (each a “Third-Party Licensor”) that are not affiliated with Ollo. Your limited right to use the Software is revocable in the discretion of Ollo and its Third-Party Licensors. You agree to download and install all Software updates for the Sites promptly once they are available to you. Ollo and its Third-Party Licensors have no obligation to correct any bugs, defects or errors in the Sites or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Sites or Software.

Passwords & Registration

You are responsible for maintaining the confidentiality of your usernames or passwords associated with your account and the Sites. Notify us immediately of any unauthorized use of your account. You may be liable for losses or damages incurred by us or any other user of the Sites due to someone else using your username, ID, password, or other information which provides access to the Sites. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.

By registering as a user on the Sites you expressly authorize Ollo to access certain third-party websites and accounts on your behalf, to retrieve personal information and other information about you for any legitimate business purpose, subject to applicable law and our Privacy Policy. You agree that we may collect and use technical and usage data and related information about your computer or mobile device, date and time of Site access, system and website Software, and peripherals to facilitate the provision of product support and other services to you. You grant permission to use this information to improve products, to provide services or technologies to you, and to provide advertising content, including working with third parties who provide targeted advertising content. Features of the Sites may request access to information contained or generated in your computer or mobile device including location services. If you deny access to these functions the Sites may not work as designed. For more information on how we collect, use, transfer, store and share your online data and personal information, and how you can manage your online privacy choices, please see our Online Privacy Policy.

Telecommunications Providers

You agree that when you use the Sites, you will remain subject to the terms and conditions of all your existing agreements with us, our affiliates, and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms of Use do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Sites (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the mobile app), and you agree to be solely responsible for all such fees, limitations and restrictions.

Intellectual Property

Ollo and the other trademarks, logos, and service marks displayed in this website are the trademarks of Ollo Card Services, its affiliates or their respective third-party owners. Under no circumstances may you alter, modify, or change these trademarks. You are prohibited from using these trademarks for any purpose without written permission. All right, title and interest in this website and any content contained herein is the exclusive property of Ollo, except as otherwise stated.

The information contained in the Site, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2018 by Ollo Card Services. All rights reserved.

No Warranty

The sites and related services are provided “as is” and “as available” without any warranty of any kind, either express, implied, or statutory, including, without limitation, any warranty of accuracy, adequacy, or completeness of information, materials, products and services, title, non-infringement of third-party rights, merchantability, fitness for a particular purpose, availability, error-free or uninterrupted operation, freedom from computer virus, and any warranties arising from a course of dealing, course of performance, or usage of trade. Ollo and third-party data providers expressly disclaim liability for errors or omissions in the information, materials, products or services in the website and in the mobile app.

Limitation of Liability

In no event shall we be liable for any lost profits, lost opportunity, cost of procurement of substitute goods or services, intangible loss, or any indirect, special, incidental, exemplary, punitive or consequential damages, damages arising out of or in connection with your access to, use or inability to access and use the website, the mobile app, the services, the software, or any related products or services, or the copying or display of, or the interaction or any other form of communications with the website or mobile app, regardless of whether we have been advised of the possibility of such damages, losses, or expenses and regardless of the action, whether in warranty, contract, tort, or otherwise ; and (ii) any direct damages that you may suffer as a result of your use of the website, the mobile app, or any related products or services shall be limited to one hundred dollars ($100) except as provided in the Cardmember Agreement governing your Ollo account.

Indemnification

You will indemnify, defend, and hold us, our affiliates, and our respective shareholders, members, officers, directors, employees, agents, successors and assigns (“Ollo Indemnitees”) harmless from and against any actual or alleged claims or losses, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Ollo Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your use of any Site in violation of these Terms of Use; (ii) your breach of any of your representations and warranties hereunder; or (iii) your gross negligence or willful misconduct; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; and (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim.

Governing Law

These Terms of Use are governed by the laws of Delaware (without regard to conflict of law provisions) and applicable federal law. Our failure to exercise or delay in enforcing any of our rights shall not constitute a waiver of such rights. These Terms of Use, together with all other documents incorporated herein, constitutes the entire agreement with respect to the subject matter herein, provided that these Terms of Use shall not limit or modify the Ollo Cardmember Agreement.