Terms of Use for a Digital Wallet

These Terms of Use for a Digital Wallet (these “Terms”) apply to the use of your debit card (“Card”), which is issued by Lewis & Clark Bank, Oregon City, Oregon, Member FDIC (“Bank”) and bears the marks of the Bank and  Modak Communities Operating Holdings Inc, a [Delaware C corporation (“Company”), when added to an electronic wallet or other third-party digital payment service, such as Apple Pay, Google Pay or Samsung Pay (“Digital Wallet”).  “We”, “us,” and “our” refers to the Bank and its affiliates, service providers and agents. These Terms apply to you and anyone else you authorize to use your Card through your Digital Wallet (collectively, “you” and “your”). Company entered into an agreement with the Bank to market, underwrite, service and collect the Card.You understand and agree that your use of a Digital Wallet also is subject to the terms and conditions set forth by the third party providing the Digital Wallet and any other third party supporting such Digital Wallet (collectively, the “Digital Wallet Provider”) with respect to the use of that Digital Wallet.By using your Card in a Digital Wallet or adding your Card to a Digital Wallet, you accept and agree to these Terms. If you do not agree to these Terms, do not add your Card to, or use your Card in, a Digital Wallet. We reserve the right to change these Terms, including adding other eligibility criteria for participation in our Digital Wallet services, at any time and without notice as permitted by law, and your continued use of a Digital Wallet constitutes agreement to all such changes.

1. Adding your card
You can add an eligible Card to a supported Digital Wallet by following the instructions of the Digital Wallet Provider. Digital Wallets can only be used with compatible mobile devices (“Supported Devices”), as determined by the Digital Wallet Provider. For certain Digital Wallets, you may also see alternative instructions on Company’s mobile app or Company website. When registering with a Digital Wallet Provider, you may be required to take additional steps to authenticate yourself before your Card is added to a Digital Wallet, such as providing additional identifying or verifying information. When adding your Card to a Digital Wallet, a Digital Wallet Provider may add a unique identifier different from your Card number (“Device Account Number”) to your Digital Wallet that enables you to make purchases through that Digital Wallet.If your Card is not in good standing or your Card account is frozen for any reason, then your Card will not be eligible to be added to any Digital Wallet and, if already in a Digital Wallet, the Card may be deactivated or removed. We may determine other eligibility criteria at our sole discretion. When you add a Card to the Digital Wallet, you may use the Digital Wallet to transact with retailers who support that Digital Wallet. However, a Digital Wallet may not be accepted everywhere where your Card is accepted and your Card in a Digital Wallet may not be eligible to be used for all the features and functionalities of that Digital Wallet.

2. Other Agreements Remain in Effect
‍In addition to these Terms, you agree that when you use a Digital Wallet, you will remain subject to the terms and conditions of all your existing agreements with us, your mobile service carrier (such as AT&T, Sprint, T-Mobile, and Verizon), and your Digital Wallet Provider (such as Apple, Google, and Samsung). These Terms do not modify the agreement governing the Card including, as applicable, the Cardholder Agreement, the Privacy Policies, Truth in Lending Disclosure, and Risk-Based Pricing Disclosure (the “Cardholder Terms”) and you will continue to be subject to the Cardholder Terms. If there is a conflict between these Terms and the Cardholder Terms for a Digital Wallet or use of the Card via a Digital Wallet, the Cardholder Terms control. Any applicable interest, fees, and charges that apply to your Card or underlying account will also apply when you use a Digital Wallet to make purchases with your Card. We do not charge a fee for adding your Card to a Digital Wallet, but a Digital Wallet Provider, or another third-party supporting a Digital Wallet Provider, may charge a fee or impose certain restrictions or limitations for using your Card in a Digital Wallet. You agree that you are solely responsible for compliance with such agreements.

3. Third-Party Disputes
You understand and agree that we are not a Digital Wallet Provider and therefore, are not responsible for the products and services associated with a Digital Wallet. Accordingly, you agree to resolve any disputes directly with the Digital Wallet Provider or third-party service provider (such as your mobile service carrier) without involving us. Such disputes may include, but are not limited to, payment failures caused by the Digital Wallet and errors or delays caused by the inability to use the Digital Wallet for a transaction. We are not responsible for the security, accuracy, legality, appropriateness, or any other aspect of the content or function of the Digital Wallet or any third party’s products or services.

4. Notifications
You consent to us and the Digital Wallet Provider sending you notifications through the Digital Wallet from time to time reflecting your Card account activity or marketing messages. If you do not wish to receive notifications, you may turn them off through your device’s settings or by the procedures established by the Digital Wallet Provider.

5. Transaction History
The transaction history displayed in a Digital Wallet is for illustrative purposes only and may be preliminary and/or incomplete. You understand and agree that the transaction amount that ultimately clears, settles, and posts to your Card’s monthly statement serves as the final record, even if it does not match the details of the Digital Wallet Provider’s transaction history.

6. Lost, Stolen or Unauthorized Use of your Supported Device or Card
Some Digital Wallets can only be used with Supported Devices. Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not Supported Devices. You acknowledge that the use of a modified device to use your Card in connection with a Digital Wallet is expressly prohibited, constitutes a violation of these Terms, and is grounds for us to deny you access to your Card through a Digital Wallet(s).If you believe your Supported Device or your credentials have been lost, stolen or otherwise compromised, or someone has used or may use your Supported Device or your credentials without your authorization, you must call us immediately at the number on the back of your Card. Additionally, please refer to and follow the instructions provided by the Digital Wallet Provider. If you fail to notify us without delay, you may be liable for part or all the losses in connection with any unauthorized use of your Card in connection with that Digital Wallet.If your physical Card is lost or stolen, but your Supported Device is not lost or stolen, the information on the newly reissued Card may be automatically assigned to your existing Device Account Number. Due to the way a Digital Wallet operates, you may need to present your Supported Device to a merchant when you return an item purchased using that Digital Wallet on such Supported Device. So, for example, if you make a purchase using your Apple Wallet on your iPhone, the merchant may require you to have that same iPhone present to return the item.

7. Suspension/Removal of Your Card
We reserve the right to discontinue offering or supporting Digital Wallet services at any time for any reason. Unauthorized use of a Digital Wallet, including, but not limited to, unauthorized entry into our systems, misuse of passwords or misuse of other information, is strictly prohibited and will result in suspension and/or termination of your use of a Digital Wallet. We reserve the right to block, restrict, suspend, or terminate your use of any Digital Wallet at any time without notice for any reason, including if you violate these Terms or any other agreements with us, except as otherwise required by applicable law. You agree that we will not be liable to you or any third party for any suspension, cancellation or termination of your use of a Digital Wallet.All transactions initiated by you using the Card or Digital Wallet must comply with all federal, state and local laws, rules and regulations applicable to you, including any applicable tax laws and regulations, and you must not use your Card through a Digital Wallet for any fraudulent undertaking or in any manner so as to interfere with the operation of a Digital Wallet.For instructions on how to remove your Card from a Digital Wallet, contact the Digital Wallet Provider.

8. Authorization to Collect and Share Data
You agree that we may collect, transmit, store, and use technical, location, log in, or other information about you or your use of your Card through a Digital Wallet. You also acknowledge that we may share certain details of your Card Digital Wallet transactions with the Digital Wallet Provider, merchants, payment networks, and others in order to provide the services you have requested, to make information available to you about your Card transactions, and to improve our ability to offer these services. This information helps us to add your Card to the Digital Wallet and to maintain the Digital Wallet services.

9. Privacy
We will use, share, and protect your personal information in accordance with the Company Privacy Policy and, to the extent applicable, the Modak Communities Operating Holdings Inc Privacy Policy. We do not control the privacy and security of your information that may be held by the Digital Wallet Provider. You acknowledge that the use and disclosure of any personal information provided by you directly to a Digital Wallet Provider, payment network, or other third parties supporting that Digital Wallet, will be governed by such party’s privacy policy and not the Bank or Modak Communities Operating Holdings Inc Privacy Policy, and to the greatest extent permitted by law, we are not liable for their use of your personal information.  

10. Electronic Communications
You agree to receive electronic communications and disclosures, including automatically dialed calls or text messages, from us on your devices at the number you provide. You also agree that we can contact you by email at any email address you provide to us in connection with any Company product, service or account, or through the mobile device on which you have downloaded the Company Mobile app or Company website or through which you access a Digital Wallet. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes. If at any time you revoke this consent, we may suspend or cancel your ability to use your Card in a Digital Wallet.  

11. Merchant Relationships and Disclaimers 
Merchants may offer you certain discounts, rebates or other benefits (e.g. free shipping) (“Offers”) in a Digital Wallet. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Except as required by applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse the merchants or the products and services they sell that are accessible through a Digital Wallet or the Offers they provide.

12. Ending or Changing these Terms; Assignments
We can add to, delete portions of, or terminate these Terms at any time without notice to you, except where required by law. Your use of a Card in a Digital Wallet after we have made such changes available will be considered your acceptance of the changes. We can also assign these Terms. Furthermore, subject to applicable law, at any time we may (i) terminate your use of any Card in connection with a Digital Wallet, (ii) modify or suspend the type or dollar amounts of transactions allowed using Cards in connection with a Digital Wallet, (iii) change the Card’s eligibility for use with a Digital Wallet and/or (iv) change the Card authentication process. You cannot change or assign these Terms, but you can terminate these Terms at any time by removing your Card from any Digital Wallets. 

13. Governing Law
These Terms are governed by federal law and, to the extent that state law applies, the laws of the State of Oregon, without regard to its conflicts of law provisions. Disputes arising out of or relating to these Terms will be subject to the Arbitration Agreement in your Cardholder Terms.

14. Indemnification
In addition to any indemnities provided for in the Cardholder Terms, you agree to indemnify and hold us and Company and each of our licensors, sponsors, agencies, subsidiaries, affiliates, officers and employees, harmless from any and all claims, actions, suits, proceedings, losses, obligations, damages, liabilities, costs, debt and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of a Digital Wallet or (ii) any breach of these Terms or applicable law by you or other users of your Card or Digital Wallet credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We reserve the right, at your own expense, to employ counsel of our choice to defend and control any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matters on a non-controlling basis.As provided in the Cardholder Agreement, you are responsible for all uses of your Card account by third parties you gave access to, including if these third parties misuse your Card or any Digital Wallet services.

15. Limitation of Liability; No Warranties
WE AND COMPANY ARE NOT AND SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM OR RELATED TO YOUR ADDING YOUR CARD TO A DIGITAL WALLET, OR YOUR ACCESS OR USE OF A DIGITAL WALLET. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND COMPANY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO ANY AND ALL DIGITAL WALLETS AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE DIGITAL WALLETS.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF A DIGITAL WALLET; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM A DIGITAL WALLET; (D) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH A DIGITAL WALLET BY ANY THIRD PARTY; OR (E) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH A DIGITAL WALLET OR OTHERWISE MADE AVAILABLE BY US. THE AGGREGATE LIABILITY OF US TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OF OR ANY INABILITY TO USE ANY PORTION OF A DIGITAL WALLET (INCLUDING ACCESS OR USING YOUR CARD IN CONNECTION WITH A DIGITAL WALLET OR SUPPORTED DEVICE) OR OTHERWISE UNDER THIS AGREEMENT, OR THE DIGITAL WALLET OR SERVICES CONTEMPLATED HEREIN, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE LESSER OF: (1) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND THE USE OF THE DIGITAL WALLET IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM OR (2) $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

16. Questions
If you have any questions, disputes, or complaints about the Digital Wallet, contact the Digital Wallet Provider using the information given to you by the provider. If your question, dispute, or complaint is about your Card, then contact Card support by calling the number on the back for your Card.
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