Terms of Use

Terms of Use for MoneyPass Website

Last updated: February 19, 2016

PLEASE READ CAREFULLY. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE.

DEFINITIONS

The words “we,” “our,” and “us” mean U.S. Bank National Association doing business as Elan Financial Services, the owner and operator of the MoneyPass Network, including our affiliates, successors, and assigns.

The words “you” and “your” mean anyone who accesses the Site or uses the Services.

Site” means any portion of the MoneyPass website.

Services” means the ATM Locator or any other information we provide on the Site. 

Service Provider” means any third party that we have engaged in connection with provision of the Services, including any agent, independent contractor, or subcontractor of any of the foregoing.

ACCESS AND USE

Through this Site we may provide you access to an ATM Locator and other information. Your access to the Site or use of Services constitutes your agreement to be bound by these Terms of Use.

PRIVACY

Protecting your privacy is important to us. If we gather and disclose personal information about you, it will be only as allowed by law. If you use any location-based feature of the Service (such as the ATM Locator) you agree that your geographic location and other personal information may be accessed and disclosed through the Service. If you wish to revoke access to such information, you must cease using the location-based features of the Service. Please see our Privacy Policy to learn more about how we use and share your information.

FEES AND CHARGES

You are responsible for any and all fees and charges that may be assessed by your telephone company, wireless carrier, internet service provider, or any other third party provider you may engage.

OWNERSHIP

All content connected with the Site and Services is our property, that of our service providers, licensors, or MoneyPass Network participants, and is protected by copyrights and other intellectual property rights. You may use the Services only for your personal use. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any technology, including, but not limited to, any software or other content associated with Services. The trademarks, logos, and service marks displayed in connection with the Services are owned by us, our service providers, or MoneyPass Network participants. Under no circumstances may you use, copy, imitate, alter, modify or change these trademarks. Nothing contained on, in, or otherwise connected with any Service should be construed as granting any license or right to use any trademark without our express written permission, or that of the third party which has rights to such trademark, as appropriate. All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us through or regarding any Services shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. 

THIRD PARTY CONTENT, SERVICES, AND LINKS TO OTHER INTERNET SITES

The Site and Services may contain links to other websites, merchandise, and services provided, owned or operated by third parties; these links do not imply our endorsement or approval of material on any third party website. The linked websites are not under our control and we are not responsible for the availability, content, products, services, advertising, or other materials available on the third party websites. The privacy policies of third party websites may provide less security than our Site, so we strongly encourage you to read the third party's privacy policy before sharing any information with that third party. All matters concerning third party websites, merchandise, and services provided or operated by third parties are solely between you and the third party. We make no warranties or representations whatsoever with regard to any third party website, merchandise, or service and we are not responsible or liable to you for any damages, loses, or injuries of any kind arising out of your use of any third party website.

NO WARRANTIES

NEITHER WE, NOR ANY OF OUR SUBSIDIARIES, AFFILIATES, OR SERVICE PROVIDERS REPRESENT OR WARRANT THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF SERVICES, INCLUDING BUT NOT LIMITED TO THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES ON THE SITE OR THE ERROR FREE USE OF THE SITE. ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM A COMPUTER VIRUS.

LIMITATION OF LIABILITY

IN NO EVENT WILL WE, OR ANY OF OUR AFFILIATES, CONTRACTORS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, OTHER SERVICE PROVIDERS OR LICENSORS BE LIABLE, UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER CAUSED BY OR RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR INFORMATION; (III) ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH ANY SERVICE; OR (IV) ANY OTHER FAILURE, ACTION, OR OMISSION. 

INDEMNIFICATION

You agree to indemnify, defend, and hold us and our affiliates, officers, directors, employees, consultants, agents, other Service Providers and licensors harmless from any and all third party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (a) a third party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through any Service; (b) any fraud, manipulation or other breach of these Terms of Use by you; (c) any third party claim, action or allegations brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (d) your violation of any law or rights of a third party; or (e) use of any Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. You will not settle any action or claims on our behalf without our prior written consent.

NO ILLEGAL OR IMPROPER USE

You may only use Services and the Site for lawful purposes. You agree not to use any Service to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with Services. You agree not to use the Site in any manner to gain unauthorized entry or access to any computer system. You certify that you are 18 years of age or older or otherwise able to lawfully enter into contracts under applicable law. 

CHANGES

We reserve the right to modify these Terms of Use at any time. By accessing the Site and continuing to engage in Services, you agree to the most recent version of these Terms of Use.

TERMINATION

We may terminate all or part of these Terms of Use for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Services upon our request. You may voluntarily discontinue use of Services at any time. All applicable provisions of these Terms of Use shall survive termination by either you or us, including, without limitation, provisions related to intellectual property, warranty disclaimers, limitations of liability, and indemnification.

WAIVER

We may waive any term or provision of these Terms of Use at any time or from time to time, but any such waiver shall not be deemed a waiver of the term or provision in the future. We shall not be deemed to have waived any of our rights or remedies with regard to these Terms of Use, unless such waiver is in writing and signed by an authorized officer of us. No delay or omission on the part of us or our affiliates, or their respective successors and assigns, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. 

SEVERABILITY

If any provision of these Terms of Use is held to be void and unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or any other provision in that or any jurisdiction.

ASSIGNMENT

You may not assign these Terms of Use to any other party. We may assign these Terms of Use or delegate or transfer any or all of our rights and responsibilities under the Terms of Use to any third party or parties.

GOVERNING LAW AND JURISDICTION

These Terms of Use and your use of the Site and Services shall be governed by the laws of the State of Minnesota, without giving effect to conflict of law principles that could cause the laws of another state to apply. Any action brought to enforce any rights under these Terms of Use shall be brought in federal or state court in Minneapolis, Minnesota, and you consent to such jurisdiction.

COMPLETE AGREEMENT

These Terms of Use represent the sole and exclusive agreement between you and us regarding the Site and Services and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof.