Bump Creator Credit Card Cardholder Agreement

Learn more about how we use and collect data and your rights as a Bump user.
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1. Introduction.

This Bump Creator Credit Card Cardholder Agreement (“Agreement” or “Terms”) sets forth the terms of the relationship between Account Owner and Bell Bank (“Bell Bank,” “we,” “us,” “our”) in connection with the Bump Creator Card Program (each term as defined below). The Bump Creator Card Program is serviced by Ownors Technologies, Inc., d/b/a UseBump.com and Bump (“Bump”). These Terms govern the issuance and your use of Cards. We may update these Terms at any time by delivering Notice or by the updating of these terms on www.UseBump.com (“Website”), and your continued use of Cards will constitute acceptance of the updated terms.

These Terms include an authorization for Bell Bank and Bump to automatically debit your Linked Accounts for amounts owed for use of the Card, Bump’s Software, or Bump’s Platform Services, including Charges, Fees, Fines, and other transactions you make on Cards.

2. Definitions.

Account Owner or you or your means the entity that has qualified for and established a Bump Account (see Section 3.2 – Establishing an Account).

Bump Account means, collectively, one or more accounts between Account Owner and Bell Bank established and governed by this Agreement and the Bump Platform Agreement.

Bump Account Administrator means the owner or representative of the Account Owner that is responsible for the Account Owner’s Bump Account, and that is responsible for identifying and authorizing Authorized Users permitted to use Cards.

Bump Creator Card Program or Program means the program through which Bell Bank issues Cards and extends credit to you, and for which Bump provides Services.

Card means a physical, tokenized or virtual payment card issued by Bell Bank and managed through your Bump Account.

Card Networks means the payment card networks, such as Mastercard.

Charge means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.

Chargeback means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.

Card with Monthly Payments means a credit card with a 30-day or other periodic statement period, with payments due for that statement period withdrawn from your Linked Account(s).

Periodic Statement means the periodic statements that reflect activity for all Cards issued to Account Owner identifying Charges, Transactions, Fees, Fines, refunds, or other amounts owed or credited to your Bump Account during the time covered by that statement.

Primary Linked Account means the specific Linked Account you designate as the funding source we should use first for payment of Charges, Transactions, Fees, and Fines on your Bump Account.

Authorized User means any employee of or contractor for the Account Owner that is authorized to use a Card by the Account Owner or Bump Account Administrator.

Capitalized terms that are not defined above have the definitions provided in the Bump Platform Agreement.

3. Bump Account and Terms.

3.1.Bump Account Administrators. By designating any individual as a “Bump Account Administrator,” Account Owner acknowledges and agrees that we are entitled to presume that all actions or omissions of the Bump Account Administrator are duly authorized actions or omissions of Account Owner.

3.2.Establishing an Account.

3.2.1. Eligibility

In order to establish a Bump Account, Account Owner must:

(i) designate a Bump Account Administrator to act on Account Owner’s behalf in connection with these Terms and authorize that person to administer the Bump Account by following the instructions to create an account profile and logging into the Bump admin portal at www.UseBump.com;

(ii) agree to these Terms, as may be amended from time to time as set forth on the Website in accordance with applicable law;

(iii) provide us with the information requested to verify the identity of the Account Owner; and

(iv) confirm to us that it has entered into a Bump Platform Agreement.

3.2.2. Important Information About Procedures For Opening a Bump Card and Bump Account

To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person or entity who opens an account. What this means for you: when you open an account, we will ask for your name, address, date of birth (if applicable), tax identification number, and other information that will allow us to identify you and your owners. We may also ask to see a copy of your driver's license or other identifying documents.

3.2.3. Account Owner’s Representation and Warranties

By requesting, activating or using a Card or by retaining, using or authorizing the use of a Card, Account Owner represents and warrants to us that:

(i) Account Owner has received a copy of these Terms and agrees to be bound by and to comply with them and understands that they are subject to change in accordance with applicable law;

(ii) Account Owner is in good standing under its Bump Platform Agreement;

(iii) Account Owner is duly organized, validly existing and in good standing under the laws of the state in the United States of its formation;

(iv) Account Owner is duly qualified and in good standing to do business in all jurisdictions where Account Owner conducts its business;

(v) Account Owner has all necessary organizational power and authority to establish the Bump Account, enter into these Terms, and to perform all of the obligations to be performed by it under these Terms;

(vi) the personal and business information Account Owner provided to us in connection with the Bump Account is true, correct and complete;

(vii) the individual accepting and agreeing to these Terms on Account Owner’s behalf has the requisite corporate authority to so act;

(viii) the Bump Account Administrator is a citizen or permanent resident of the United States and is at least 18 years of age (or older if residing in a state where the majority age is older) and shall possess all necessary organizational power and authority to act on Account Owner’s behalf;

(ix) the Bump Account Administrator has the requisite corporate power and authority to allow Authorized Users to use the Bump Account; and

(x) the Bump Account will only be used for business purposes and will not be used for personal, family or household purposes.

3.3.Compliance with Bump Platform Agreement. Account Owner agrees that the availability of the Bump Account is conditioned on Account Owner’s continued compliance with all terms and conditions set forth in the Bump Platform Agreement between Account Owner and Bump. We or Bump reserve the right to close the Bump Account immediately, and revoke all Cards distributed to Authorized Users, if we learn at any time that the Account Owner is not in full compliance with the Bump Platform Agreement or these Terms.

3.4.Permitted Transactions. Transactions approved and processed with the Card(s) may only be used to purchase goods and services for business purposes and cannot be used for personal, family or household purposes.

3.5.Authorized User Eligibility. Prior to distributing any Card to an Authorized User, Account Owner shall ensure that each Authorized User (i) is a United States citizen or permanent resident of at least 18 years of age (or older if residing in a state where the majority age is older); and (ii) provides or agrees that the Bump Account Administrator may provide all requested information, such as the Authorized User’s name, email address, and such other information as we may request from time to time (collectively, “Authorized User Information”). Account Owner represents and warrants that all Authorized User Information that Account Owner provides to us shall be truthful, accurate, current, and complete. The Account Owner further agrees to notify us promptly and in writing of changes to any Authorized User Information. When the Bump Account Administrator notifies us to revoke such permission, the subject Authorized User will no longer be able to use any Card in their possession.

3.6.Revocation of Authorized User Privileges. The Bump Account Administrator must modify the settings on the Website or notify Bump to revoke permission for an Authorized User to use the Card issued to them by the Account Owner. Any revocation of such permission will be effective only after we have had a reasonable period of time to process Account Owner’s withdrawal.

3.7.Revocation of Bump Account Administrator Privileges. In order to revoke permission for any Bump Account Administrator to administer the Bump Account, the Account Owner must notify us by following the instructions for removing the Bump Account Administrator’s privileges in https://app.usebump.com/settings/support . Any revocation of such permission will be effective only after we have had a reasonable period of time to process the Account Owner’s request.

3.8.Linked Accounts. We will use Data from Linked Accounts to verify account balances and account information, identify spending patterns and potential fraud in an effort to protect you from fraud, determine and review spending limits, analyze and report transactions, and provide Services to you such as discovering your income and building an income tracker for you. You must maintain at least one Linked Account at all times and agree that Bump may directly debit any Linked Account for payment of amounts owed. You may change or update Linked Accounts through your Bump Account. Use of specific Services or features may also require Bump to access your data through Third-Party Services.

3.9 Card Issuance, Spending Limits, and Linked Account. We will provide written Notice by email, text messaging, and/or similar electronic communication within thirty (30) days of a spending limit decrease or increase for Cards with Monthly Statements as part of our regular periodic review of your spending limit based on the factors described above, and such regular periodic adjustments are an inherent part of your Card.

For all Cards, Bump Account Administrators may set Authorized User-specific limits or controls through your Bump Account, but the aggregate spending limit for all Authorized Users may not exceed the total spending limit established for the Account Owner.

3.10 Prohibited Transactions. The Bump Card or Bump Account may not be used for illegal transactions where such practices are in violation of applicable state and/or federal law. The Account Owner also agrees that no Authorized User, Bump Account Administrator, or the Account Owner will use a Bump Card in connection with any Internet or on-line gambling transaction, whether or not gambling is legal in any applicable jurisdiction. We reserve the right to decline any transaction that we believe is an illegal transaction, an Internet or on-line gambling transaction or a high-risk transaction, but the Account Owner acknowledges and agrees that we have no obligation to monitor, to review or to evaluate the legality of the Account Owner, Authorized User, or Bump Account Administrator’s Bump Card transactions. To the fullest extent permitted by law, the Account Owner agrees to pay for any Bump Card transaction by an Authorized Cardholder, even if that transaction is determined to be illegal, or we exercise our right to terminate your Account.

4. Authorized User Cards and Terms

4.1.Authorization of Authorized Users and Issuance of Cards. Administrators may request Cards for Authorized Users through your Bump Account. We may decide in our sole discretion not to grant requests for Cards or limit the number of physical, tokenized or virtual Cards provided to any Authorized User.

In order to request a Card for any Authorized User, Bump Account Administrators must provide the following information for the Authorized User: full legal name, date of birth, residential address, and contact information. Cards may be issued to Authorized Users as physical, tokenized or virtual cards (a Card issued without an associated physical card). Cards may be denied or canceled due to changes in Issuer’s policies, as required by law, or for any other reasons we determine are appropriate in our sole discretion.

Bump Account Administrators may request that Authorized Users are issued Cards with specific restrictions imposed, such as expiration dates or spending limits.

Any employee or contractor authorized to use a Card is considered an Authorized User and is subject to all obligations relating to Authorized Users Bump Account Administrators are solely responsible for identifying and authorizing Authorized Users permitted to use Cards.

4.2.Security of Cards. You are responsible for securing Cards, account numbers, and Card security features (including the CVV and PIN, if any). You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Card is lost, stolen, breached, or needs to be replaced. In such cases, Bump Account Administrators may request the issuance of replacement Cards by Issuers through your Bump Account. Replacement Cards may have new account numbers that could require you to update the Card on file for any scheduled or recurring payments. You are solely responsible for updating Card information stored with merchants where account numbers have been changed.

4.3.Use of Cards. Authorized Users may only use Cards for bona fide business-related Charges and transactions, and not for personal, family, or household purposes. Your Bump Account is commercial in nature and certain consumer protection laws do not apply to this Account. You agree that all Charges and other transactions in your account will be treated as business transactions made solely for business purposes.

All Authorized Users are subject to the Bump Platform Agreement and all terms, agreements, and policies incorporated by reference, including this Agreement. Account Owner is responsible for ensuring that Authorized Users read, understand and comply with their obligations with respect to use of the Cards and the Services.

You are responsible for selecting the individuals in your organization who are authorized to use Cards, and you are responsible for all Card transactions and activities. You agree to establish and maintain controls designed to ensure that the Cards are only used by designated Authorized Users for bona fide Account Owner business purposes and in compliance with the Bump Platform Agreement, this Bump Creator Card Program Agreement, and applicable law. You are responsible for Charges and transactions made by any person given access to Cards even if they are not the person associated with or named on the Card.

4.4.Account Owner Responsibilities. Account Owner is responsible for notifying Authorized Users of any applicable updates to the Bump Platform Agreement and all terms, agreements, and policies incorporated by reference, including this Agreement. The Account Owner is responsible for ensuring Authorized Users comply with such updates. We may or may not provide Notice of Updates directly to Authorized Users.

4.5.Denied or Reversed Charges. Bump, Bell Bank, Card Networks, or other intermediary Third-Party Service Providers such as vendors or merchants may deny or reverse Charges for any reason. Bump is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.

4.6.Lost or Stolen Cards, Unauthorized Use. You must notify us immediately by emailing us at support@usebump.com if your Card is lost or stolen or you believe someone is using your Card without your permission. You must assist us in our investigation of a lost or stolen card or unauthorized use of a card. The Account Owner is liable for up to $50.00 in Charges incurred by unauthorized use of any one card. However, in accordance with 15 U.S.C. § 1645 (Truth in Lending Act), if at any time you have been issued ten (10) or more Cards for use by Authorized Users, then Account Owner waives any and all limitations on its liability for unauthorized use of such Cards that it may have under the Truth in Lending Act.

You are responsible for reviewing your Periodic Statements promptly and identifying any Charges that you believe are unauthorized or that you dispute.

4.7.Disputed Charges, Chargebacks. If you and a merchant have a dispute regarding a Charge identified on your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, you should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to your satisfaction or if you believe the Charge is unauthorized, you may initiate a Chargeback dispute through your Bump Account.

You understand that the Bump Creator Card Program is subject to Card Network rules regarding Chargebacks. The Card Network has established procedures for resolving Chargebacks that may require you to provide details of the disputed Charge or associated documentation.

Charges relating to disputed Charges and Chargebacks will be collected on the payment date if they are pending resolution as of the date that payment is due for the applicable Periodic Statement.

Chargebacks resolved in your favor will be credited to your Bump Account on either the current or a future Periodic Statement. We may impose Fees, reduce your spending limits, or suspend access to your Bump Account or the Services if you fail to pay Charges relating to Chargebacks that are pending resolution on the payment date.

5. Fees, Payments, and Linked Account Authorization.

5.1. Fees, Charges, and Fines. We will disclose Fees, Charges, and Fines to you when you are approved for a Card or through our website. We may update, add, or change Fees upon 30 days’ Notice (though we may not provide prior Notice when we reduce any Fee). Fees we assess may include periodic fees, fees for Card issuance or replacement, fees applicable to certain transactions, foreign transaction fees, platform, software or Card usage fees, service fees, cash advance fees, fees for late payments, fees for failed payments or returned payments, fees for misuse of the Services, or other fees we disclose to you.

Our fee schedule for the Card is as follows

Interest rates

Annual Percentage Rate (APR)

0%

Penalty APR

0%

Fees

Monthly or Annual Membership Fee

$99/month or $899/year

Card Application and Account Set Up Fee

$0

Bump’s Tokenized and Virtual Card Fees

$0

Transaction Fees

  • Foreign Transaction

$0

Account Reopening Fee

$0

Fees

Monthly or Annual Membership Fee

The Monthly or Annual Membership Fee:

  • Unlimited issuance of Bump’s physical Commercial Creator Charge Card

  • UseBump.com platform use and enjoyment fee

  • Unlimited use of all other UseBump.com products and services (ex.: Bump’s proprietary additional income discovery product)


The Annual Membership Fee can be charged to user’s issued Bump Commercial Creator Charge Card during the third month of the first year when the card is approved.

After the first year, the Annual Membership Fee is debited from one of your connected bank accounts or charged to your issued Bump Commercial Creator Charge Card on the one-year anniversary in which you were approved and issued the Card.

Card Application and Account Set Up Fee

The Card Application and Set Up Fee is a one-time $100 fee per Bump account.

The Card Application and Set Up Fee is debited from one of your connected bank accounts once you are approved for the Bump Commercial Creator Charge Card or can be charged to your issued Bump Commercial Creator Charge Card during the first month in which you use the Card.

The fee is NOT charged to each of your team members.



5.2.Payment of Transactions, Charges, Fees, and Fines. You are responsible for payment in full of all Transactions, Charges, Fees, and Fines. We will provide you Periodic Statements identifying Charges, Fees, Fines, refunds, any other Card transactions, or other amounts owed or credited to your Bump Account. Periodic Statements may be delivered daily, monthly, quarterly, semi-annually, annually or as otherwise described in materials we provide to you when you receive your Card or otherwise indicated by Notice to you. You must notify us promptly if you believe that there are any errors on your Periodic Statement and submit any disputes in accordance with this Agreement.

At the end of each billing cycle, or as otherwise specified in your Periodic Statement, Bump will automatically debit your Primary Linked Bank Account for all amounts owed as indicated on that Statement. Bump will debit your Primary Linked Bank Account the business day before the end of a billing cycle, if that day falls on a weekend or U.S. federal holiday. If an automatic debit fails for any reason, a second attempt will be made to debit your Primary Linked Bank Account. In the event the second attempt fails, Bump will then debit your other Linked Bank Accounts, for the amounts owed. You may make additional payments by logging in to your Bump Account.

If you fail to pay the full amount owed on time, you expressly consent to and authorize Bell Bank and Bump to withdraw and collect amounts owed from the Primary Linked Bank Account and any other Linked Bank Accounts. We reserve the right to collect partial payments for unpaid amounts from any Linked Bank Account, but a partial payment is not a waiver of our rights to collect amounts owed and will not satisfy your obligation to pay in full.

Any amounts owed may be set off, debited, or collected from amounts in any Bump Account that you hold jointly with a third party or open in the future, even if your original Bump Account has been closed. We reserve the right to exercise this right against an Account Owner or any of its respective successors or assigns, or any assignees for the benefit of your creditors, trustees, or receivers of Account Owner assets. This right will exist even if we do not exercise it prior to the making, filing, or issuance of an arbitration demand, court order, or other action.

Failure to pay the full amount owed to Bump when required is a breach of the Bump Platform Agreement and these terms. You are responsible for all costs or expenses that we or Bell Bank incur in the process of collecting amounts owed but not timely paid, including legal or collections fees, and you are responsible for paying interest on such amounts at up to the maximum rate permitted under law, to the extent we decide to charge such interest in our sole discretion.

5.3.LINKED BANK ACCOUNT(S) WITHDRAWAL AUTHORIZATION. THIS SECTION PROVIDES AUTHORIZATION TO AUTOMATICALLY DEBIT YOUR LINKED BANK ACCOUNTS,INCLUDING ACTIVE LINKED BANK ACCOUNTS NO LONGER CONNECTED TO YOUR BUMP ACCOUNT, FOR ALL AMOUNTS YOU OWE UNDER THESE TERMS. PLEASE READ IT THOROUGHLY.

You expressly consent to and authorize Bump, Bell Bank, or their respective successors and assigns to collect amounts owed under this Agreement by debiting funds from your Linked Bank Accounts (including Linked Bank Accounts no longer connected to your Bump Account). If Bump, Bell Bank, or their respective assigns use the Automated Clearinghouse (ACH) network, the debits will be governed by the rules established by the National Automated Clearinghouse Association (NACHA) for business-related ACH debits. You also authorize us to debit your Linked Accounts for verification purposes (such as through micro-deposits or similar means). Debits collected under your authorization may be carried out by and in the name of us or our successors or assigns.

You expressly give consent to and authorize Bump to debit Linked Accounts for all amounts owed to us in connection with our provision of Services. If we cannot collect these amounts via ACH or another method, you agree to immediately pay all amounts owed as directed. Bump will debit Linked Accounts separately for the payment of Fees that you incur.

You expressly give consent to and authorize Bell Bank and Bump to debit Linked Accounts for all amounts owed to us immediately, on any date (including before the due date), and without additional Notice where we determine, in our sole discretion, that (a) the total aggregate balance of Linked Accounts connected to your Bump Account, the total income discovered for you, or the value of your Digital Assets are less than the balance minimums required by our underwriting criteria, (b) Account Owner does not satisfy one or more of our other underwriting or credit requirements, or (c) Account Owner or the amounts owed to us pose or may pose an unacceptable risk to Bump, its successors or assigns, Program Partners, Third-Party Service Providers, or Bell Bank.

In the event there is an error in processing an electronic debit, you authorize us to correct the error by initiating an electronic credit or debit to the Linked Account in the amount of such error on or after the date such error occurs.

Withdrawal of a debit authorization does not terminate the Bump Platform Agreement or your obligation to pay all amounts owed under this Bump Creator Card Program Agreement. Account Owner is responsible for all costs of collections and damages if amounts owed are not paid in full by Account Owner when due.

6. Account Errors.

If you believe there is an error involving your Bump Account, the Account Owner, a Bump Account Administrator, or Authorized User should contact us by emailing us at support@usebump.com as soon as the error has been discovered. We must hear from the Account Owner, Bump Account Administrator, or Authorized User no later than 60 days after the date the error occurred. When an Account Owner, Bump Account Administrator, or Authorized User sends notification of an error involving the Bump Account, the Bump Account Administrator or Authorized User will need to tell us: (a) the Account Owner, Bump Account Administrator's or Authorized User's name and Bump Account information; (b) why the Account Owner, Bump Account Administrator, or Authorized User believes there is an error and the dollar amount involved; and (c) approximately when the error took place. We will review the information submitted in a commercially reasonable manner, but note that because the Bump Creator Card Program is a commercial product, the Account Owner, Bump Account Administrator, and Authorized User are not entitled to and we are not obligated to follow the requirements or obligations of the Electronic Funds Transfer Act and Regulation E promulgated thereunder, which only apply to consumer transfers. If the Account Owner, Bump Account Administrator, or Authorized User needs more information about our error resolution process, contact us at support@usebump.com.

7. Assignment of Agreement.

To the extent permitted by applicable law, we may assign these Terms without obtaining the Bump Account Administrator, or other Authorized User’s consent. None of the Account Owner, Bump Account Administrators, or any other Authorized User may assign or transfer a Bump Creator Card or these Terms without our prior written consent.

8. Transfer and Termination of Your Account.

You may not transfer your Bump Account to any other person or businesses. We may assign your Bump Account to any other person or business at any time. Either you or we may terminate or suspend your spending privileges at any time. However, you will remain liable for all amounts owed on your Bump Account until they are paid in full. We may terminate any or all of your Bump Accounts at any time or reduce the amount of your Spending Limit on any or all of your Accounts, subject to applicable law, even though a default may not have occurred. You agree that you will continue to be responsible for full payment of the balance on the closed Bump Account(s) and all charges to the Bump Account(s), including, without limitation: Purchases and Cash Withdrawals that post after termination of the Bump Account and fees or other charges. The Bump Account will be blocked and/or closed for non-compliance with requests for Beneficial Ownership. You or any authorized representative, Bump Account guarantor, or Bump Account Administrator may cancel the Bump Account at any time upon written notification to us by logging in to www.UseBump.com.

9. Servicing the Account.

We will send all written notices via email and online statements will be made available for your viewing as it appears on our records. To avoid delays and missed payments that could affect your credit standing, you agree to advise us promptly if you change your business address, email address, and/or telephone number(s). You authorize us or any of our agents to contact you at any telephone numbers you provide on your application or that you provide to us thereafter, including a ported landline, cellular phone, mobile phone or similar device, regarding payments due, Bump Account activity, Bump Account information or for other purposes we deem necessary, in accordance with applicable law. You authorize those contacts to be made using an automated telephone dialing system and/or prerecorded messages and/or text messages. You may revoke your consent to being contacted on your mobile phone using an automated telephone dialing system and/or prerecorded messages and/or text messages at any time by calling us at or sending us an email at support@usebump.com . You authorize us or any of our agents to send email to the addresses you provide us on your application or otherwise. You may be charged by your wireless provider for data, phone usage or minutes. You authorize us or any of our agents to leave a message with a person or on a voicemail, answering machine or answering service that answers the number(s) you have provided to us. You also authorize us or any of our agents to send U.S. postal mail to the addresses you provide to us on your application or otherwise. You also confirm that by providing the mobile phone number and/or email address of an Authorized Active User(s), you have received consent from the Authorized User(s) to provide this contact information to us, and that the Authorized User(s) have expressly consented to receive calls and/or text messages from us or any of our agents to the number(s) provided, including through an automated telephone dialing system and/or prerecorded messages and/or text messages, about authorized Transactions, and you agree to indemnify Bump from any and all losses, damages and penalties arising out of claims or actions that such Authorized User did not consent. We can also contact other persons you have listed on your application or persons you have designated as Authorized Users, to find out information about you and how to contact you in the event we are unsuccessful in contacting you as described above.

10. Severability.

In the event that any provision of this Agreement is invalid or unenforceable, or determined to be invalid or unenforceable by a court of competent jurisdiction, under any applicable law, the remaining provisions wil remain in effect.

11. Amendments.

We may amend this Agreement at any time in our sole discretion without providing notice to Bump Account Administrator or Authorized User subject to applicable law. We reserve the right, subject to applicable law, to deliver to Bump Account Administrator any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to Bump Account Administrator electronically.

12. Entire Agreement; Interpretation.

These Terms and other agreements incorporated herein (i.e., Bump Platform Agreement) constitute the entire agreement between Account Owner and Bump with respect to the Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding the Program. The headings and subheadings used in this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of the Agreement.

13. Choice of Law.

This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles that provide for the application of the law of another jurisdiction.

14. Violation of Terms.

At our request, the Account Owner and Bump Account Administrator agree to defend, indemnify, and hold harmless us and our parents, subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directors against any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including, without limitation, reasonable attorneys' fees) that arise from Bump Account Administrator’s or its Authorized Users' violation of these Terms, applicable law, or any third-party rights or the Account Owner, Bump Account Administrator's, or its Authorized Users' fraud or willful misconduct. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by the Account Owner and Bump Account Administrator, in which event the Account Owner and Bump Account Administrator will cooperate in asserting any available defenses.

15. No Warranty of Availability or Uninterrupted Use.

NO WARRANTY OF AVAILABILITY OR UNINTERRUPTED USE. From time to time, services related to the Program may be inoperative. When this happens, the Account Owner, Bump Account Administrators, and/or other Authorized Users may be unable to access the Website and Authorized Users may be unable to use the Card or obtain information about the Card. Please notify us if a Bump Account Administrator or other Authorized User has any problems using the Card or the Website. The Account Owner, Bump Account Administrators and other Authorized Users agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

16. Liability.

We shall have no liability to you if you are unable to complete a transaction for any reason beyond our control. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, any products or services purchased using Bump Accounts, or this Agreement (as well as any related or prior agreement that the Account Owner, Bump Account Administrator, or other Authorized Users may have had with us).



BY USING YOUR CARD(S) OR BUMP ACCOUNT, YOU ACKNOWLEDGE THAT (1) YOU HAVE RECEIVED AND HAVE READ A COMPLETED COPY OF THIS AGREEMENT (2) YOU UNDERSTAND THIS AGREEMENT AND (3) YOU AGREE TO ITS TERMS.


Signature Date