Stash Invest e-Gift Card – Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
This document outlines the terms and conditions (“Terms”) under which this Stash Invest e-Gift Card (“Card”) has been issued to you. Please read these Terms carefully and keep them for future reference. By accepting and using this Card, you agree to be bound by the terms and conditions contained in these Terms, including the Arbitration Provision set forth below.
The Sponsor has established a gift card program (the “Program”), and these Terms govern your participation in the Program. In these Terms, “you” and “your” mean the person or persons who have received the Card and are authorized to use the Card as provided for in these Terms. “We”, “us”, “our”, “Sponsor” and “Issuer” mean Stash Investments LLC, our successors, affiliates or assignees. The Card is nontransferable and may be canceled or revoked at any time without prior notice except as required by applicable law. Cards are available for purchase through authorized vendors and/or loyalty programs, while supplies last. A Card acquired though a loyalty program will also be subject to that program’s terms and conditions; however, in the event of any inconsistency, these Terms shall govern. Please read these Terms carefully.
Redeeming Your Card Through A Stash Account. If you acquired a Card through the Program, there are two ways to redeem the value attributable to your Card through a Stash Account:
- Stash Invest Account Holder At The Time You Acquire Your Card: if you are already a Stash Invest Account Holder at the time you acquire your Card through the Program, you must enter the Code attributable to your Card on the Website within the time periods specified on your Card, as applicable. If you satisfy the conditions stated in the previous sentence, Sponsor will make a one-time deposit of ten dollars ($10.00) (the “Bonus Funds”) into the cash balance of your Stash Account. For the avoidance of doubt, if you are already a Stash Invest Account Holder at the time you acquire your Card through the Program you will not be eligible to receive a Fee Waiver Reward under this Program.
- Non-Stash Account Holder At The Time You Acquired Your Card: if you are not already a Stash Invest Account Holder at the time you acquire your Card through the Program, you must (y) complete the process of opening a Stash Account following the time you acquire your Card, and (z) enter the Code attributable to your Card on the Website within the time period specified on your Card, as applicable. If you satisfy the conditions in the previous sentence, then Sponsor will deposit the Bonus Funds into the cash balance of your new Stash Account, and will also waive $1.00 off your monthly Stash Fee (as defined in your Advisory Agreement) for three billing periods attributable to your Stash platform tier subscription as further described below (such waivers shall collectively be referred hereunder to as a “Fee Waiver Reward”).
In order for you to claim your Fee Waiver Reward hereunder, you must link a funding account (e.g. a bank account) to your Stash Account. The date that you link your funding account to your Stash Account will be deemed your “Linked Date”. Your Fee Waiver Reward will apply for the first three billing periods attributable to your Stash platform tier subscription following your Linked Date. The Fee Waiver Reward is for a total of $1.00 off your monthly Stash Fee for three billing periods attributable to your Stash platform tier subscription. Accordingly, you will remain responsible for the amount of your Stash Fee for each billing period that exceeds $1.00, including any ancillary fees that you owe that are not included in your Stash Fee, whether due on your Stash Account, Stash banking account, Stash Retire account or Stash Custodial account, as applicable to you. A list of such ancillary fees is included in Sponsor’s Advisory Agreement.
You are only eligible to receive one reward of Bonus Funds and/or one Fee Waiver Reward per Card hereunder. Bonus Funds hereunder will be paid in U.S. Dollars. Bonus Funds must remain in your Stash Account for ninety (90) days beginning on the date the Bonus Funds are deposited into your Stash Account and for the entirety of the 90-day period. The Bonus Funds deposited by Sponsor is a fixed cash value and does not constitute stock or any other security, nor is it a recommendation to buy any specific stock or other security. The value of Bonus Funds hereunder may be taxable income to you. You are responsible for any federal or state taxes resulting from the receipt of Bonus Funds hereunder. Please consult your tax advisor if you have any questions about the tax treatment of Bonus Funds.
Your Stash Account. The availability and use of your Stash Account may be limited based on different types of criteria in our sole and absolute discretion. Your Stash Account cannot be used for illegal or fraudulent transactions or for online gambling activity. We may restrict or cancel your Stash Account if, as a result of our policies and procedures, we reasonably believe your Stash Account is not in good standing, or is being used for fraudulent, suspicious or criminal activity or any activity that is inconsistent with these Terms, or your Account Terms. We will incur no liability because of the unavailability of the funds that may be associated with your Stash Account. Sponsor reserves the right to determine in its sole discretion whether a Stash Account is closed and/or in good standing. A Stash Account in good standing for purposes of this Program is an account for which all required account opening documentation has been completed and verified, and is not locked, or restricted, or otherwise flagged in any way. If your Stash Account is closed or not in good standing for any reason at any time, you will no longer be deemed a Stash Account Holder and you will not be eligible to receive any rewards hereunder.
Program eligibility. The Card and a Stash Account are available only for natural persons who are 18 years of old or older, and who are citizens or other lawful residents of the United States and who are located in the United States. Sponsor does not intend to offer any securities, or any other products or services, outside the United States. Sponsor is not responsible for any incorrect data entry or other failure on the part of any person to meet the eligibility requirements set forth herein. Further, by choosing to participate in this Program, you agree that all information provided hereunder will be governed by the Account Terms. Sponsor may withhold or recover any Bonus Funds or Fee Waiver Reward or remove you from this Program if Sponsor determines that any such reward was obtained under wrongful or fraudulent circumstances, or was awarded to you in error, or that any inaccurate or incomplete information was provided when opening your Stash Account, or that the Account Terms have been violated. Tax-advantage accounts (including Stash Retire and Stash Custodial accounts) and Stash banking accounts do not constitute a Stash Account for purposes of this Program.
Card limitations. The Card is NOT a credit product or a checking or savings account, and is not connected in any way to any other account. Your Card is NOT insured by the FDIC or any other federal or state agency. The Card and your Stash Account are not designed for business purposes, and you agree that you will only use the Card for personal, family, or household purposes. You acknowledge and agree that the maximum value available to you through your use of the Card is limited to the Bonus Funds and/or the Fee Waiver Reward described above, or provided to you as an Alternate Card, as described below.
Substitution of Gift Card in Sponsor’s discretion. If you have completed the Stash Account application process, Sponsor will notify indicating whether your Stash Account has been successfully opened. If your Stash Account cannot be opened for any reason, in Sponsor’s sole and absolute discretion, an alternate USD $10.00 digital gift card (each, an “Alternate Card”) may be substituted for the Bonus Funds and/or Fee Waiver Reward described above. Your Alternate Card will be delivered to you by email, while supplies last. Alternate Cards are subject to the terms, restrictions, and conditions as set by Sponsor. However, Sponsor may suspend or terminate your Card, and refuse to offer an Alternate Card, if Sponsor suspects that you have violated these Terms, your Account Terms or engaged in fraudulent activity in connection with this Program, or to prevent unauthorized use, or if any application is rejected in relation to any applicable money-laundering regulations.
Codes. Each Card is associated with one (1) Code, and each Code may be used only one (1) time. Sponsor reserves the right to invalidate Codes entered on the Website if it determines, in its sole and absolute discretion, that such Codes were improperly entered, including, without limitation, technical failures of any kind, malfunctions, interruptions, or disconnections in phone lines or network hardware or software related to the Program, or that the Codes were obtained fraudulently. Sponsor reserves the right to delay the processing of any Codes without notice to you, in order to assure compliance with these Terms. Without limiting any other remedies, Sponsor may suspend Code processing or terminate your Code if Sponsor suspects that you have engaged in fraudulent activity in connection with any Card(s), Code(s), or Stash Account(s). Other than as described in these Terms, Cards and/or Codes are not redeemable for cash, and are not transferable or assignable for any reason. The sale or transfer of Codes is strictly prohibited.
How to Contact Us. For Customer Service or additional information regarding your Card, including the terms, conditions and fees that apply to the Stash Account, please contact us by email at: firstname.lastname@example.org, [or by visiting our website at: [WEBSITE URL].
Our Liability for Failure to Complete Transactions. We shall have no liability to you if we are unable to complete a transaction for any reasons beyond our control. In no event shall we be liable to you for any indirect, consequential, exemplary or special damages (whether in contract, tort or otherwise), even if you have advised us of the possibility of such damages. You agree that your recovery for any alleged negligence or misconduct by us shall be limited to the value of the Card. This provision shall not be effective to the extent prohibited by law.
Your Liability for Unauthorized Use, Loss or Theft. You should protect the Card against theft with the same level of care that you use to protect the cash in your wallet. We cannot prevent the unauthorized use of the Card by others and cannot replace funds used by any unauthorized user. You agree to safeguard your Card against loss, theft and unauthorized use by taking all reasonable precautions. Lost, stolen, or misplaced Cards shall not be replaced.
No Warranty Regarding Goods and Services or Uninterrupted Use. From time to time the Website may be inoperative, and when this happens, you may be unable to use the Card. You agree that we are not responsible for any interruption of service. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THESE TERMS OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Other Terms. The Card and your obligations under these Terms may not be assigned by you. We may transfer our rights under these Terms at any time without your consent and without notice to you except as required by law. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of these Terms shall be determined to be invalid or unenforceable under any law, the validity or enforceability of any other provision of these Terms shall not be affected. These Terms will be governed by the law of the State of New York except to the extent governed by federal law. This Program is not sponsored or endorsed by Green Dot Bank, Green Dot Corporation, Visa U.S.A., or any of their respective affiliates, and none of the foregoing has any responsibility to fulfill any aspect of this Program. Stash Investments LLC is an SEC registered investment adviser. These Terms do not in any way amend, supersede, change or replace your Advisory Agreement with Sponsor. You remain responsible for any ancillary fees that are not included in the monthly Wrap Fee. You may view our Wrap Fee Brochure and our Advisory Agreement at https://www.stashinvest.com/disclosurelibrary. All product and company names are trademarksTM or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them.
Amendment and Cancellation. We may amend, cancel or change these Terms and/or the Program at any time without notice to you except as required by applicable law.
Arbitration. Any controversy or claim arising out of or relating to this Promotion shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.