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End User License Agreement

Opt+® Prepaid Visa® Debit Card Application License
Copyright © 2017 Attain Finance, LLC
*** END USER LICENSE AGREEMENT ***
IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.

View a printable PDF version of this document .

1. LICENSE

This is a binding license agreement ("Agreement") between you and Attain Finance, LLC, Inc. ("Attain Finance") for your use of Attain Finance's Opt+® Prepaid Visa® Debit Card mobile application software application software ("Opt+® Prepaid Visa® Debit Card"), which is used to access certain parts of your financial information held by Attain Finance. By accepting this license and downloading and using our mobile application software, you agree that this Agreement is a legally binding and valid contract, and you agree to be bound by it. Subject to the terms of this Agreement, Attain Finance, LLC grants to you a limited, personal, non-exclusive, non-transferable license, without right to sub-license, to use Opt+® Prepaid Visa® Debit Card mobile application software in accordance with this Agreement. Attain Finance, LLC does not transfer

2. DISTRIBUTION

Opt+® Prepaid Visa® Debit Card mobile application software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. You will use Opt+® Prepaid Visa® Debit Card mobile application software only for your own personal use, and you will not use it in a commercial application, or to provide financial services to any other person, or in a service bureau or "software as a service" environment. You will not use, attempt to use or assist others to use Opt+® Prepaid Visa® Debit Card or our mobile application software to access any information other than your own personal account information. You may make one copy for archive purposes only.

3. USER AGREEMENT

3.1 Use

Opt+® Prepaid Visa® Debit Card mobile application software and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part. You will use Opt+® Prepaid Visa® Debit Card mobile application software only for your own personal use, and you will not use it in a commercial application, or to provide financial services to any other person, or in a service bureau or "software as a service" environment. You will not use, attempt to use or assist others to use Opt+® Prepaid Visa® Debit Card or our mobile application software to access any information other than your own personal account information. You may make one copy for archive purposes only.

3.2 Use and Use Restrictions

Your use of Opt+® Prepaid Visa® Debit Card mobile application software may subject you to device and telecommunications charges, which are your sole responsibility. You are also responsible for the selection and safekeeping of any personal access codes or passwords you create to access or use Opt+® Prepaid Visa® Debit Card. You agree to update any registration data required by Attain Finance as requested or appropriate, from time to time. Attain Finance reserves the right to change the content accessed by Opt+® Prepaid Visa® Debit Card mobile application software in its discretion. You shall use Opt+® Prepaid Visa® Debit Card mobile application software in compliance with all applicable laws and not for any unlawful purpose.

3.3 Copyright Restriction

Opt+® Prepaid Visa® Debit Card mobile application software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile Opt+® Prepaid Visa® Debit Card mobile application software, nor may you create any derivative works or other works that are based upon or derived from Opt+® Prepaid Visa® Debit Card mobile application software in whole or in part. Attain Finance, LLC retains sole and exclusive ownership of all right, title and interest in and to Opt+® Prepaid Visa® Debit Card mobile application software and all intellectual property rights relating thereto recognized or protected under the laws of the United States of America. Copyright law and international copyright treaty provisions protect all parts of Opt+® Prepaid Visa® Debit Card mobile application software, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended to access certain of your financial information hosted by Attain Finance. All rights not expressly granted hereunder are reserved by Attain Finance.

3.4 Limitation of Responsibility

You will indemnify, hold harmless, and defend Attain Finance, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of Opt+® Prepaid Visa® Debit Card mobile application software. In no event (including, without limitation, in the event of negligence) will, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or financial loss), in connection with or arising out of or related to this Agreement, Opt+® Prepaid Visa® Debit Card mobile application software or the use or inability to use Opt+® Prepaid Visa® Debit Card mobile application software or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.

3.5 Warranties

Attain Finance warrants that it has sufficient legal rights in Opt+® Prepaid Visa® Debit Card mobile application software to enter into this Agreement, and that your use of Opt+® Prepaid Visa® Debit Card mobile application software will be free from the adverse claim of any third party. If Attain Finance breaches this warranty, your sole remedy, and Attain Finance's sole obligation, will be to terminate your use of the Opt+® Prepaid Visa® Debit Card mobile application software. Except as indicated in this Section, Attain Finance makes no representation or warranties in respect of Opt+® Prepaid Visa® Debit Card mobile application software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose. In particular, Attain Finance does not warrant that Opt+® Prepaid Visa® Debit Card mobile application software or your use of it will be free from interruption, error-free, free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion which shall be events of force majeure.

3.6 Governing Law

This Agreement shall be governed by the law of the state of Nevada You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the state and federal courts in and for the state of Nevada. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.

3.7 Termination

Attain Finance may terminate this Agreement without penalty and upon notice to you if it ceases to provide the products and services accessed by or used in conjunction with Opt+® Prepaid Visa® Debit Card mobile application software. Attain Finance may suspend its provision of these services on a temporary basis, or without a stated recommencement date, with or without notice. Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of Opt+® Prepaid Visa® Debit Card mobile application software and destroy all copies of Opt+® Prepaid Visa® Debit Card mobile application software supplied under this Agreement.

4. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY OTHERWISE INDICATED IN THIS AGREEMENT, OPT+® PREPAID VISA® DEBIT CARD MOBILE APPLICATION SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY OPT+® PREPAID VISA® DEBIT CARD MOBILE APPLICATION SOFTWARE AS WELL.

5. CONSENT OF USE OF DATA

You agree that Attain Finance may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to Opt+® Prepaid Visa® Debit Card mobile application software. Attain Finance may also use this information to provide notices to you which may be of use or interest to you. Attain Finance will maintain the confidentiality of the information thus gathered in accordance with standard industry practices. Attain Finance may use third parties to provide some or all of the data hosting services accessed by Opt+® Prepaid Visa® Debit Card mobile application software.

6. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and Attain Finance and governs your use of the Opt+® Prepaid Visa® Debit Card mobile application software, superseding any prior agreements between you and Attain Finance. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Attain Finance's' failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Attain Finance will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Opt+® is a registered trademark of Attain Finance, LLC

The Program Manager for the Opt+® Prepaid Visa® Debit Card is Attain Finance, LLC

Issuer Statement: The Opt+ Prepaid Visa Debit Card is issued by Axiom Bank, N.A. (Member FDIC) or Metropolitan Commercial Bank (Member FDIC) pursuant to a license from Visa U.S.A. Inc. Visa is a registered trademark of Visa U.S.A. Inc. "Metropolitan Commercial Bank" and "Metropolitan" are registered trademarks of Metropolitan Commercial Bank ©2014. BY USING THIS CARD YOU AGREE TO THE TERMS AND CONDITIONS OF THE CARDHOLDER AGREEMENT AND FEE SCHEDULE, IF ANY.

In compliance with the USA PATRIOT Act* and other laws, anyone who is a US resident over 18 with a valid Social Security number and a verifiable physical US address (no PO boxes or APO addresses) can apply for an Opt+ Card. This information must be provided, along with other information pertinent to receiving approval, when applying for a Opt+ Card. Currently, we do not issue the Opt+ Card to residents of Puerto Rico, Guam, the Virgin Islands, American Samoa, or other US territories.

*Important information for opening a card account: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify and record information that identifies each person who opens a card account. What this means for you: When you open a card account, we will ask for your name, address, date of birth, social security number or country identification number, and other information that will allows us to identify you. We may also request a copy of your driver's license or other documentation bearing your photo as verification of your identity.

1Ingo Money® is a third party service provided by First Century Bank, N.A. and Ingo Money, Inc., subject to the First Century Bank and Ingo Money Terms and Conditions and Privacy Policy. Approval usually takes 3 to 5 minutes but can take up to one hour. All checks are subject to approval for funding in Ingo Money’s sole discretion. Fees apply for approved Money in Minutes transactions funded to your card or account. Unapproved checks will not be funded to your card or account. Ingo Money reserves the right to recover losses resulting from illegal or fraudulent use of the Ingo Money Service. Your wireless carrier may charge a fee for data usage. Additional transaction fees, costs, terms and conditions may be associated with the funding and use of your card or account. See your Cardholder or Account Agreement for details.

2Timing of direct deposit posting depends on when we get notice from the payor and may vary from deposit period to deposit period.

Apple and the Apple logo are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc. Data rates may apply.

Opt+ may make phone calls or deliver SMS text messages to your phone number based on your account settings. To view details, please refer to the Phone Terms of Use and the SMS Terms of Use