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Dollar Bank Terms of Use for Samsung Pay - Debit Card

DOLLAR BANK TERMS OF USE FOR SAMSUNG PAY

Last Revised:  October 2016

Below are the Terms of Use governing your use of your Dollar Bank debit card and the related Dollar Bank deposit account in conjunction with Samsung Pay offered by Samsung.  These Terms of Use are applicable to Samsung Pay and apply in addition to the applicable terms of the Dollar Bank Deposit Agreement. These Terms of Use apply to you and any other person or party whom you authorize to use your Dollar Bank debit card and Dollar Bank deposit account in conjunction with Samsung Pay. If you do not agree to these Terms of Use, you must not use Samsung Pay in conjunction with your Dollar Bank debit card and Dollar Bank deposit account.

Please note that you are responsible to maintain the confidentiality and security of your means of access to Samsung Pay including your User ID and passwords. If you share your means of access with other persons or parties, they may be able to access information and services available through Samsung Pay. Please note that Samsung, your wireless carrier and others may have fees (such as data usage or text messaging charges imposed on you by your wireless carrier) associated with Samsung Pay and may also have limitations and restrictions related to Samsung Pay. You agree to be solely responsible for all such fees and to comply with such limitations and restrictions. Samsung may also have minimum software and hardware requirements. Dollar Bank is not responsible for the security or any other aspect of Samsung’s or any third party’s products or services. Dollar Bank is also not responsible for any support or assistance for any third party hardware, software or other products or services (including Samsung Pay or your Samsung Pay supported device (“Device”)).

1. SAMSUNG PAY MOBILE CARDS

You may use your Dollar Bank debit card information to create a mobile card (“Mobile Card”) on Samsung Pay. Dollar Bank gift cards and other prepaid cards are not eligible for Samsung Pay. You may use the same Dollar Bank debit card for as many Devices and Samsung IDs as you would like, but Dollar Bank reserves the right to limit the number of your Samsung IDs and Devices at its sole discretion. You must agree to these Terms of Use each time you add a Dollar Bank debit card or a Device to Samsung Pay. A Mobile Card on Samsung Pay permits you to use your Device to make payments at merchants’ point-of-sale terminals or readers that accept Samsung Pay and in-app or other digital commerce payments at merchants participating in Samsung Pay. You agree to use your Dollar Bank debit card only with a Device properly equipped with Samsung Pay and to comply with all terms and conditions applicable to Samsung Pay. Please contact Samsung if you have questions about the Devices that are eligible for use with Samsung Pay. When you select your Dollar Bank debit card and deposit information to use as a Mobile Card with Samsung Pay, certain account information will be transmitted to and stored within your Device as a Mobile Card in Samsung Pay. By selecting a Mobile Card and placing your Device near a merchant's contactless-enabled point-of-sale terminal or reader or using a Mobile Card for an in-app or digital commerce purchase, you are authorizing the payment for the merchant's products or services with that Mobile Card through Samsung Pay. Merchants may also require presentation of your Dollar Bank debit card or your identification document(s) for security purposes. Please be aware that Samsung Pay also provides you access to information related to the Dollar Bank debit card and the related Dollar Bank deposit account added to your Device which may include recent purchases (including those not made with your Device) or information about your debit card being suspended or cancelled such as if your debit card was suspended for security reasons. Please also note that some of the transactions may be pending (such as pre-authorizations at gas stations) and are subject to change prior to posting. Samsung Pay permits you to turn this function off at your option. Purchases and other transactions made with your Dollar Bank debit card and Dollar Bank deposit account through Samsung Pay are governed by the Dollar Bank Deposit Agreement and applicable disclosures in the same manner as purchases and transactions made with your physical Dollar Bank debit card.

2. USE OF INFORMATION

You agree that Dollar Bank may also collect and use technical data and related information, including information about your Device to facilitate Dollar Bank’s services. You may receive push notifications from us from time to time reflecting your deposit account activity. If you do not wish to receive notifications, you may turn off these notifications.

3. USE OF INFORMATION - THIRD PARTIES

Any information you provide to Samsung through Samsung Pay, or that is collected or accessed by Samsung in the course of your use of a Mobile Card or Samsung Pay, is subject to third party agreements, and is not governed by Dollar Bank’s Privacy Policy or these Terms of Use.

4. LOST/STOLEN DEVICE OR CREDENTIALS AND UNAUTHORIZED USE OF YOUR DEVICE

Call us immediately at the telephone number printed on the back of your Dollar Bank debit card if you believe your Device or your credentials for Samsung Pay have been lost or stolen or someone has used or may use your Device or your credentials for Samsung Pay without your authorization. Also change your credentials for Samsung Pay immediately to avoid any unauthorized use of your Dollar Bank debit card or of your personal information. You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.

5. SECURITY

Samsung Pay and your Device may contemplate certain security features and procedures to protect against unauthorized use of a Mobile Card. These features and procedures are the sole responsibility of Samsung. You agree not to disable any of these security features and to use these security features and procedures to safeguard your Mobile Cards. You are responsible for maintaining the confidentiality of your User IDs and passwords and other means to access Samsung Pay. You should keep your Device and your credentials for Samsung Pay secure. Subject to the Dollar Bank Deposit Agreement and applicable disclosures, you are responsible for all transactions made using Samsung Pay.

6. CONTINUED PARTICIPATION IN SAMSUNG PAY

Dollar Bank reserves the right for any reason to discontinue offering or supporting any Mobile Card or to not participate in Samsung Pay. Except as otherwise required by applicable law, Dollar Bank may restrict or terminate your use of any Mobile Card at any time without notice and for any reason, including if you violate these Terms of Use, for security reasons or if your associated Dollar Bank deposit account is suspended or closed. You agree that Dollar Bank will not be liable to you or any third party for any restriction or termination of your use of any Mobile Card. Dollar Bank may disqualify a Mobile Card or discontinue providing any services to any customer suspected of violating these Terms of Use or any third party agreement related to Samsung Pay in its sole discretion. Please be aware that Dollar Bank reserves the right to seek damages and costs (including attorney’s fees) from any person or party attempts to interfere or damage the operation of a Mobile Card associated with a Dollar Bank debit card and a Dollar Bank deposit account.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF SAMSUNG PAY AND ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SAMSUNG PAY AND ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND. DOLLAR BANK DISCLAIMS ALL WARRANTIES WITH RESPECT TO SAMSUNG PAY AND ANY MOBILE CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ACCURACY. DOLLAR BANK DOES NOT WARRANT THAT SAMSUNG PAY OR MOBILE CARD WILL MEET YOUR REQUIREMENTS OR THAT SAMSUNG PAY OR MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE. DOLLAR BANK ALSO DOES NOT WARRANT THAT ANY DEFECTS IN SAMSUNG PAY OR MOBILE CARD WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF MOBILE CARD DEPEND ON SAMSUNG PAY AND THE NETWORKS OF WIRELESS CARRIERS AND THAT DOLLAR BANK DOES NOT OPERATE SAMSUNG PAY OR THE NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. DOLLAR BANK WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT OR OTHERWISE IMPACT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF SAMSUNG PAY DUE TO NETWORK DELAYS OR OUTAGES. YOU ACKOWLEDGE AND AGREE THAT THE USE OF SAMSUNG PAY AND MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS OVER WHICH DOLLAR BANK HAS NO CONTROL AND YOU ACKNOWLEDGE AND AGREE THAT DOLLAR BANK CANNOT ENSURE OR GUARANTEE THE SECURITY OF THESE CONNECTIONS AND DATA TRANSMISSIONS. YOU ACKOWLEDGE AND AGREE THAT YOUR DEVICE IS GENERALLY PRE-CONFIGURED WITH PRIVACY AND/OR SECURITY SETTINGS BY YOUR WIRELESS CARRIER AND DOLLAR BANK HAS NO CONTROL OVER THESE PRIVACY AND SECURITY SETTINGS. CHECK WITH SAMSUNG AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. YOU ACKNOWLEDGE AND AGREE THAT DOLLAR BANK MAY LIMIT CONNECTIONS FOR MOBILE CARD TO CONNECTIONS THAT HAVE BEEN ESTABLISHED USING SECURITY WE SELECT. DOLLAR BANK MAKES NO WARRANTY OR REPRESENTATION REGARDING YOUR DEVICE.

This Section shall survive any termination of these Terms of Use.

8. LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL DOLLAR BANK, ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE SAMSUNG PAY OR ANY MOBILE CARD, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DOLLAR BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHING IN THESE TERMS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT DOLLAR BANK’S LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. If applicable law excludes or limits Dollar Bank’s liability, some or all of the exclusions or limitations may not apply to you and you may have other rights.

This Section shall survive any termination of these Terms of Use.

9. GOVERNING LAW AND FORUM

If you opened your account at one of Dollar Bank's branches or other offices these Terms of Use and your use of Android Pay and any Mobile Card shall be governed by and construed in accordance with the state law and regulations of the state in which you opened your Dollar Bank deposit account, without regard to its conflict of laws rules, and applicable federal law. If you did not open your account at a Dollar Bank branch or office these Terms of Use and your use of Samsung Pay and any Mobile Card shall be governed by and construed in accordance with the applicable law and regulations of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules, and applicable federal law.

10. MISCELLANEOUS

Dollar Bank reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use. These Terms of Use set forth the entire agreement between you and Dollar Bank with respect to Samsung Pay and Mobile Card. If the event that any provision of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law such determination shall not invalidate or render unenforceable any other provision of the Terms of Use (including the warranty disclaimers and limitation of liability) and such invalid or unenforceable provision shall be amended, if possible, by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. Dollar Bank’s failure to enforce and right or provision of these Terms of Use shall not be construed as the waiver of such right or provision. Dollar Bank may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or any part of it, to any other party. Any attempt by you to do so is void. These Terms of Use shall inure to the benefit of and be binding upon you and Dollar Bank and your successors and assigns and Dollar Bank’s successors and assigns.

The terms of this Section shall survive termination of these Terms of Use, together with any other terms of these Terms of Use which by their nature should survive.

11. CHANGES TO THESE TERMS OF USE

Dollar Bank may revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of any Mobile Card. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Revised:" at the beginning of these Terms of Use. If you do not accept any revisions made to these Terms of Use, your sole and exclusive remedy is to discontinue your use of Samsung Pay with any Dollar Bank Mobile Card.

12. INDEMNIFICATION

You shall indemnify and hold Dollar Bank and its subsidiaries, affiliates, directors, officers employees and agents harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of any Mobile Card and Samsung Pay or any breach of the Terms of Use. In the event of any claim or demand that is subject to this indemnification, Dollar Bank shall choose its own counsel to defend the subject matter. You shall have the right, at your own expense, to participate in any such matter through counsel of your own choice, however, Dollar Bank shall solely control the subject matter of the defense.

13. COMMUNICATION

As a condition to activating and using Mobile Card, you consent to receive certain messages we may send you on your Device from us. You also agree to receive notices and other communications from us by email to the email address on file for the relevant Dollar Bank debit card and applicable Dollar Bank deposit account, posting within your online account, or through the messaging capabilities of Samsung Pay. We may also contact you as needed via phone or regular mail.