REVOLUTION MONEYEXCHANGE WEBSITE TERMS AND CONDITIONS OF USE
 

This website is designed to enable individuals who register to use the Revolution MoneyExchange services available through First Bank & Trust. The website also permits individuals to review the available services prior to registering for a MoneyExchange account (see section below entitled "Site Visitor"). When used in these Terms and Conditions of Use, "we", "our", and "us" refer to First Bank & Trust, Brookings, SD, and Revolution Money Inc. and their affiliates, directors, officers, and employees. Please read these Terms and Conditions of Use carefully before accessing or using the website. By accessing or using this website, you acknowledge that you have read, understand, and agree to be bound by the Terms and Conditions of Use, as they may be modified from time to time. These Terms and Conditions of Use govern only the use of the MoneyExchange Program portion of the Revolution Money Inc. website. The terms and conditions applicable to any consumer’s use of his or her MoneyExchange Account are set forth in the Revolution MoneyExchange Accountholder Agreement.

Your Representations

You represent that you are legally competent to enter into a binding legal contract and you agree to be bound by these Terms and Conditions of Use. You also acknowledge that we may take measures necessary to verify your identity when you register to use the MoneyExchange Program.

Privacy

Please refer to our Privacy Policy Notice to learn how we may collect and disclose nonpublic personal financial information about you. Please note that we may also collect technical information when you use Revolution Money Inc. products and services. Some of the technical information that may be collected includes: the type of browser you are using (e.g., Internet Explorer, Safari), the type of operating system you are using (e.g., Windows XP, Mac OS), CPU type (e.g., Pentium), your manner of connecting to the Internet (e.g., connection speed), Internet protocol address, and other information about your geographic location.

We want to optimize your experience on our site by ensuring that navigation is as easy as possible and that the information most relevant to you is displayed while you use the website. A common manner in which to do this is by using cookies or similar technologies to gather information. We or third-party vendors we hire, place cookies on your hard drive which are small data files that can identify your computer to us when you visit our website. For example, we may use cookies to display your e-mail address on our sign-in form, so that you don’t need to retype the e-mail address each time you login to the MoneyExchange website as well as to track and analyze how our website is used in order to improve the site and service.

In addition, we use web analytic services to analyze how any visitors or users of the MoneyExchange Program use the site. Information related to your visit to this site along with the information you supply when subscribing will be held and stored by us. The information collected is never matched with any personal information supplied by an accountholder and all data collected by our vendors in performing these services is owned and used by Revolution Money.

Although cookies allow you to visit our website more efficiently and benefit from the full functionality we offer, you may elect to disable them by changing your internet browser properties. Each browser is different, so please review your browser properties to determine how to disable cookies.

Access

To use the MoneyExchange website, you will need an Internet-ready computer equipped with Microsoft® Internet Explorer version 6 or 7, Firefox version 2, or Apple’s Safari version 2 or 3. Your browser must also support 128-bit encryption and be JavaScriptTM enabled with cookies activated. Please remember that you must be registered for the MoneyExchange Program to access your Revolution MoneyExchange account information, and your sign-on information (including both your User ID and password) must be accurate, complete, and current. By submitting your sign-on information, you are authorizing us to verify any of the information you provide, which verification may be achieved through the use of third-party services.

You are responsible for the technology required to access the website, including all communication lines, hardware, software, and Internet access. You are also responsible for protecting such technology against viruses, worms, Trojan horses, and similar items.

You agree to keep your sign-on (User ID and password) and PIN information secure and strictly confidential. You also agree to notify us immediately by calling MoneyExchange customer service at 1-800-794-9071 if you become aware of the unauthorized use of the MoneyExchange website or suspect that an unauthorized use of the MoneyExchange website is about to occur. You understand and acknowledge that the disclosure of your sign-on information or PIN to others may result in unauthorized use for which you may be liable.

While accessing the MoneyExchange website, you agree not to:

  • Tamper with, hack, modify or otherwise corrupt the security, content, or functionality of the website;
  • Restrict or inhibit any other user from using and enjoying the website;
  • Post or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
  • Engage in any illegal activity using or in connection with the website; or
  • Copy, remove, or alter any content, intellectual property or copyright, trademark or other proprietary notice or legend displayed on the website or printed pages from the website.

You acknowledge that we may monitor your use of the MoneyExchange website, including the transmission of email messages. We reserve the right to refuse to post, and the right to remove, any information or materials that do not comply with these terms. We also reserve the right to prohibit any user who violates these terms from using the MoneyExchange website. Such prohibition may occur without notice to such user.

"Site Visitor"

You may sign up in order to review the Revolution MoneyExchange website by providing us with only your name and e-mail address and selecting sign-on (User ID) and password information. This occurs after you enter and submit the information requested on the first page of Registration. At such time you will be granted "Site Visitor" status, which does not confer all of the rights and capabilities of a fully registered user of a MoneyExchange Account. As a Site Visitor, you can access the My Account Summary Page and view any pending transactions you might have. However, you will not have full access to the MoneyExchange Program and will not be able to load, receive, transfer or transmit funds or otherwise transact any business through the MoneyExchange Program until your Accountholder registration is complete and confirmed by us. Registering to be a MoneyExchange Accountholder requires that you provide us with information that may include your date of birth, address, Social Security Number and other identifying information as we may request or may be required to collect by law. If you initially register as a Site Visitor, you can complete the registration process at any time and change your status to a registered Accountholder by selecting one of the restricted functions in the MoneyExchange Program.

The Site Visitor functionality is not available to those registrants who come to the MoneyExchange website or registration pages from links or promotional pages outside of www.revolutionmoneyexchange.com.

Links to Third-Party Websites

Our website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such websites. Linked sites are not under our control, and therefore, we are not responsible for the contents of any linked site or any link contained in a linked site. If you decide to leave the Revolution MoneyExchange website and access third-party websites, our Privacy Policy does not apply to your use of that website. We disclaim liability for any information, materials, products or services posted or offered on any third-party website and shall not be liable for any failure of products or services made available through those websites.

Indemnification

You agree to indemnify us and hold us harmless from and against any and all damages, liabilities, losses, costs or expenses (including attorney’s fees) arising from your violation of these Terms and Conditions or any applicable federal, state, or local laws and regulations relating to your use of this website. 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.

CONTENT AND LIABILITY DISCLAIMER

Material on this website may include technical inaccuracies or typographical errors. Changes may be periodically incorporated into this material. We may make improvements and/or changes in the products, services and/or programs described in these materials at any time without notice. Your continued use of this website after any changes to these materials or services will be considered acceptance of those changes.

THE MATERIALS ON THIS WEBSITE ARE PROVIDED ’AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNATIVE DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE OF DATA WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THIS WEBSITE OR THE USE, RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM THIS WEBSITE.

You should assume that everything on this website is copyrighted unless otherwise noted and that it must not be used except with our express written consent. WE MAKE NO WARRANTY OR REPRESENTATION THAT YOUR USE OF THE MATERIAL DISPLAYED ON THE REVOLUTION MONEYEXCHANGE WEBSITE IN A MANNER NOT DESCRIBED ON THE WEBSITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. Any product, service, program, or technology described on the website may be the subject of other intellectual property rights (including but not limited to copyright, trademark, or patent rights) owned by us.. Any such right that is not expressly licensed herein is reserved by us. None of the content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without our prior written consent.

Changes to Terms and Conditions

We reserve the right to modify these Terms and Conditions at anytime. If we make any change, we will update this website to include the change and change the ’Last Revised’ date at the top of these Terms and Conditions. Any change will be effective when posted. We are not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such change. Your continued use of the website will indicate your agreement to any such change.

Arbitration Agreement

Any dispute that may arise relating to your use of the Revolution MoneyExchange website will be resolved by binding arbitration, in accordance with the arbitration agreement in your Accountholder Agreement, provided that either you or we may bring a claim in small claims court. In arbitration, the dispute will be decided by a neutral arbitrator and you and we agree to waive the right: to a jury trial; to conduct pre-trial discovery and other court procedures; and to initiate or participate in either a class action lawsuit or class-wide arbitration. The term dispute is given its broadest possible meaning and includes any claims or disagreements concerning (i) these Terms and Conditions, (ii) any feature or component of the Revolution MoneyExchange website; (iii) any information contained on the Revolution MoneyExchange website; and (iv) your use of the Revolution MoneyExchange website. This arbitration agreement will apply even if your MoneyExchange account is closed. Contact us within sixty (60) days in writing at Revolution MoneyExchange, P.O. Box 989, Saint Petersburg, FL 33731 if you do not agree to the terms of this arbitration agreement.

Governing Law

These website Terms and Conditions shall be interpreted under the laws of the State of South Dakota without giving effect to its conflict of laws provisions and applicable laws of the United States.

International Users

This website is controlled, operated, and administered from offices with the United States of America. We make no representation that materials at this website are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this website or export the materials from it in violation of United States export laws and regulations. If you access this website from a location outside of the United States, you do so at your own risk and you are responsible for compliance with all applicable laws.

Internet Connection and Security

Although we employ stringent security measures and take all reasonable steps to protect your MoneyExchange Account and other personal information, the Internet is inherently insecure and any connection to the Internet provides opportunity for unauthorized access by a third party to your computer systems, networks, and any and all information stored therein.

Accuracy of Information

Although we strive to maintain accurate information on the MoneyExchange website, you acknowledge that current day information obtained through the website may not be complete, may change, and may contain errors. Some information obtained though the website may relate to transactions that have not been finally posted to our records and other information may be based solely on your previous day’s activities. We are therefore not responsible for current day balance or current day transaction information.

Non-Disclosure and Limited Use

"Proprietary Information" means any and all information and material about the Revolution MoneyExchange Program disclosed by us to you or obtained by you through inspection or observation of Revolution MoneyExchange’s website or facilities, whether in writing, or in oral, graphic, electronic or any other form. Proprietary Information, includes, without limitation, any (a) trade secret, know-how, idea, invention, process, technique, algorithm, program (whether in source code or object code form), hardware, device, design, schematic, drawing, formula, data, plan, strategy and forecast of, and (b) technical, engineering, manufacturing, product, marketing, servicing, financial, personnel and other information and materials of ours. You shall hold all Proprietary Information in strict confidence and shall not disclose any Proprietary Information to any third party. You shall disclose the Proprietary Information only to other parties who need to know such information and who are bound by restrictions regarding disclosure and use of such information comparable to and no less restrictive than those set forth herein. You shall not use any Proprietary Information for the benefit of yourself or any third party or for any purpose other than the participating in the testing of the Revolution MoneyExchange Program. You shall take reasonable care to protect the confidentiality and avoid the unauthorized use, disclosure, publication or dissemination of the Proprietary Information. You shall not make any copies of the Proprietary Information. You shall not decompile, disassemble or otherwise reverse engineer (except to the extent expressly permitted by applicable law, notwithstanding a contractual obligation to the contrary) any Proprietary Information or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Proprietary Information or any portion thereof. Except as required by law or as reasonably required to assert your rights hereunder, you shall not disclose the existence or substance of the terms of these Terms and Conditions, without our prior written consent.

Other Agreements

Your use of the Revolution MoneyExchange website, or certain functions or data provided through the Revolution MoneyExchange website, does not supersede your Account User Agreement or any other agreements you may have with us. All such agreements shall remain in full force and effect except as the same may be modified or terminated according to their terms or applicable rule or regulation.

Severability

To the extent any portion of the Terms and Conditions is determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and the Terms and Conditions as so modified will remain in full force and effect.

Questions about the Terms and Conditions

If you have any questions regarding the Revolution MoneyExchange Website Terms and Conditions of Use, you may contact us via www.revolutionmoneyexchange.com.

 

Accounts issued by First Bank & Trust, Brookings, SD, Member FDIC and part of the Fishback Financial Corporation.