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FinWise Bank Terms of Use

Last Modified: January 23, 2019

Acceptance of the Terms of Use

These terms of use are entered into by and between you and FinWise Bank Corporation (the “Company”, “we”, “us”, or a similar term). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the publicly available portions of www.finwisebank.com, including any and all publicly available content, functionality, and services offered on or through www.finwisebank.com (this “Site”), whether as a guest or a registered user.

Additional terms and conditions may also apply to specific portions, services, or features of this Site, including specific portions, services, and features that are not publicly available or are restricted to registered users. Indeed, where a portion of this Site carries different terms and conditions, such terms and conditions (as opposed to these Terms of Use) shall govern use of that portion of this Site.

Please read these Terms of Use carefully before you start to use this Site. By using this Site, you agree to be bound and to abide by these Terms of Use, and you accept our Privacy Policy. If you do not agree to these Terms of Use, you must not access or use this Site.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you. Your continued use of this Site following the posting of the revised Terms of Use means that you accept and agree to the changes.

Intellectual Property Rights

This Site and its entire contents, features, and functionality (including, without limitation, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned or licensed by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, and other intellectual property laws and proprietary rights.

These Terms of Use permit you to use this Site for your personal, non-commercial use only. You may download information and print out hard copies for your personal, non-commercial use, so long as you do not remove any copyright or other notices contained in such materials.

Notwithstanding the foregoing, we reserve sole discretion and right to deny, revoke, or limit your use of this Site, including the reproduction and any other use of any materials available through this Site. It is not our responsibility, however, to determine what “fair use” means for persons wishing to use materials from this Site. That remains wholly a responsibility of individual users of this Site.

Trademarks

Our name, the term “FINWISE”®, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or our affiliates or licensors. You must not use such marks without first obtaining our written permission. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. You must not use such marks without the prior written permission of their respective owners.

Links from this Site

This Site contains links to other websites and resources that are provided by third parties. Such links are provided for your convenience only. We have no control over the content of these websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not warrant that such websites and resources are free from any claims of copyright, trademark, or other infringement any third party’s rights. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of such websites.

All statements and opinions expressed in these third party websites and resources, and all other content (other than the content provided by us and used in context) are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

We believe that those who make information available on the Internet expect that it will be publicly and widely available. Therefore, we believe that linking to other websites and resources that are operated by third parties is legally permissible and consistent with the expectations of those who use the Internet. However, if you believe that any of our links to third party websites or resources violate your intellectual property rights, or you believe that access to a particular website or resource should be restricted, the owner of such website or resource should promptly notify us.

Accessing this Site

We reserve the right to withdraw or amend this Site, and any service or material provided on this Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of this Site (or to this Site in its entirety) to users, including registered users.

Limitations of Liability
THE INFORMATION AND OTHER MATERIALS PRESENTED ON OR THROUGH THIS SITE ARE MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH MATERIALS. ANY RELIANCE YOU PLACE ON SUCH MATERIALS IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THIS SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR ANY OF OUR OR OUR AFFILIATES’ LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

Disclaimers
THIS SITE AND THE MATERIALS THAT ARE PROVIDED THROUGH THIS SITE AND ANY LINKED THIRD PARTY WEBSITE OR RESOURCE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

Governing Law and Jurisdiction

All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law principle.

Any legal suit, action, or proceeding you bring arising out of, or related to, these Terms of Use or this Site shall be instituted in either the state or federal courts located in Salt Lake County, Utah. However, we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Your Comments and Concerns

This Site is operated by FinWise Bank Corporation, a wholly owned subsidiary of All West Bancorp. All notices, feedback, comments, requests for technical support, and other communications relating to this Site should be directed to: info@finwisebank.com

Third Party Site Disclaimer

By accessing the noted link you will be leaving your financial institution's website and entering a website hosted by another party. Please be advised that you will no longer be subject to, or under the protection of, the privacy and security policies of your financial institution's website. We encourage you to read and evaluate the privacy and security policies of the site you are entering, which may be different than those of your financial institution's.

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