PLEASE READ BEFORE ENROLLING IN THE TOTAL CARD, INC. PAYMENT SITE

The services provided on the Total Card, Inc.(“TCI”) Payment Site (“Service”) are provided to enable cardholders with accounts serviced by TCI to submit payments on-line. Persons accessing this Service are subject to these terms and conditions for use of this Service. By accessing this Service, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this Service. TCI reserves the right to modify or terminate the Service or terminate your access to the Service at any time without notice, the most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of this Web site (“Site”). If you find the Terms of Use unacceptable at any time, you may discontinue your use of the Service. By continuing to use the Service after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of this Agreement.

Notice & Consent Regarding Electronic Delivery of Terms, Conditions & Disclosures

Please carefully review the following information regarding the electronic delivery of Terms, Conditions and Disclosures. By consenting to the electronic delivery of the Terms, Conditions & Disclosures, you agree to the following: You agree that we may provide in an electronic format all disclosures, notices, communications, terms and conditions and amendments thereof related to this Service.

How to Obtain Electronic Delivery of Terms, Conditions & Disclosures (E-Disclosures)

A. We post the most current Total Card, Inc. Payment Site Agreement on the Site. If any amendment to these agreements results in an adverse affect upon users of this Service, we will provide at least 30 days prior notice. As indicated above, this notice will be posted on the Total Card, Inc. Payment Site.

B. We may also send customers an e-mail and/or secure message through this Service that tells you where disclosures can be viewed on the Site.

C. You may download or print electronic notices and disclosures from your computer if you have the hardware and software described below. You can also save copies to your hard drive or other media for viewing and printing at a later time.

Paper Copy of Terms, Conditions and Disclosures

If you consent to the electronic delivery of the Terms, Conditions and Disclosures, you may also request a paper copy of the Terms, Conditions and Disclosures by writing us at PO Box 89937, Sioux Falls, SD 57109 or by calling us at 1-877-878-3005. If you prefer not to consent to electronic delivery of the Terms, Conditions and Disclosures, we will provide you with a paper copy. You may request such a copy by writing or calling us at address and/or phone number referenced above. There is no fee for providing a paper copy.

Scope of Consent

Your consent to receive electronic disclosures applies only to the Service provided by the Total Card, Inc. Payment Site.

Equipment and Software

To access and use this Service you will need an Internet-ready computer equipped with Microsoft Internet Explorer (version 4.0 or higher for both Windows and Macintosh operating systems), or Netscape Navigator (version 4.0 or higher for both Windows and Macintosh operating systems). Your browser must also support 128-bit encryption and be JavaScript enabled. You will be able to access this Service only if you have agreed to the terms and conditions. To ensure successful sign in to this Service, all the information you provide to us must be accurate, complete, and current. By submitting the Login Information, you are authorizing us to verify any of the information you provide. Verification of your identity may be achieved through the use of third-party services.

You are solely responsible for the equipment (including, in the case of online banking, your personal computer and software) you use to access online banking services. We are not responsible for errors or delays or your inability to access these services caused by your equipment. We are not responsible for the cost of upgrading your equipment to stay current with the services nor are we responsible, under any circumstances, for any damage to your equipment or the data resident thereon. We do not warrant nor will we be responsible for any errors or failures from the malfunction or failure of your equipment.

Withdrawing Consent to Electronic Delivery

You may not withdraw your consent to the electronic delivery of Disclosures because we will provide such Disclosures to you as soon as we receive your consent. However, if after consenting to the electronic delivery of Terms, Conditions and Disclosures and receiving such disclosures electronically, you decide that you would also like a paper copy, you may request such a copy as described in the Paper Copy of Terms, Conditions and Disclosures section above.

Acceptance, Consent and Acknowledgement of Electronic Disclosures
By accepting below, I acknowledge and agree as follows:

To receive your Login Information for accessing this Service, you must first read the following Total Card, Inc. Payment Site Agreement, acknowledge having read it, and agree to its terms and conditions.

TOTAL CARD, INC. PAYMENT SITE AGREEMENT

The Total Card, Inc. Payment Site Agreement (“Agreement”) governs the use of the Site and Service. By using the Service, you agree to all of the following terms and conditions:

1. Definitions
As used in this Agreement, “account” and “accounts” mean the account you provide when establishing your Total Card, Inc. Payment Site Login Information. “You”, “your”, and “yours” refers to the owner of the account or a person with authority with respect to the account using this Service. “We”, “our”, “us”, and refers to Total Card, Inc (“TCI”).

2. Required Equipment & Access to the Total Card, Inc. Payment Site
In order to use this Service, you need a computer (in this Agreement, your computer and the related equipment are referred to together as your ("Computer") with a web browser, account number and Login Information. The Login Information is used to access your account(s) through via this Service.

You are responsible for the installation, maintenance, and operation of your computer, browser and the software. TCI is not responsible for any errors or failures from any malfunction of your computer, the browser or the software. TCI is not responsible for any computer virus or related problems that may be associated with the use of this Service.

3. Services Available via the Total Card, Inc. Payment Site
This Service allows you to submit payments to your account you provide when establishing your Login Information.

To use this Service, you must have an account listed on the Site’s homepage and that account must be currently serviced by TCI. Through this Service you may have access to submit payments to the account you provide when establishing your Login Information. TCI reserves the right to deny access to an account under certain circumstances.

TCI determines what information you will be able to access through this Service. Your account information available online through this Service is not intended to replace the regular monthly periodic statements you receive via mail or other means. In that case, you must refer to your full monthly periodic billing statement(s) for your account to obtain complete account detail and information, including important information about your rights and obligations. Any discrepancies or disputes regarding the accuracy of your account summary or periodic billing statement(s) detail must be addressed directly with TCI or the issuing bank associated with your account. Copies of previously delivered paper monthly periodic billing statements must be requested from TCI or the issuing bank associated with your account.

The information available via this Service is as of 12:00 AM CST; therefore, may not accurately represent current conditions within the account accessed. You should contact TCI at 1-877-878-3005 during business hours if you require up-to-date account information. TCI’s business days/hours are Monday through Friday 7:00 a.m. to 9:00 p.m. (CST) and Saturday 7:00 a.m. (CST) to 2:30 p.m. (CST), except certain holidays on which TCI is closed. Access to this Service is available twenty-four (24) hours a day, seven (7) days a week, except during maintenance periods.

INACTIVE STATUS: We may convert your account to inactive status if you do not sign onto this Service or have any transaction scheduled through this Service during any consecutive 90-day period. If your account is considered inactive, you must contact TCI to have this Service reactivated before you will be able to schedule any transaction through this Service.

4. Payments
You are responsible for ensuring timely payments to your account and for the method used to make your payments. TCI is not responsible for problems or issues related to your payments.

IMPORTANT NOTICE: On-line payments submitted through this Service will be deducted electronically from your banking account via Automated Clearing House (ACH) and will be charged as an ACH debit item on the banking account designated by you.

Payment Date Is: Your payment will appear on your statement with a transaction date of: Funds should be available on your account:
Monday - Friday (not a holiday) before 2:30 p.m. CST The same business day *Payments posted to your account will be reflected on your account after 6:00 a.m. CST the following business day.
Monday - Friday after 2:30 p.m. CST or anytime Saturday, Sunday, or a holiday The following business day. *Payments posted to your account will be reflected on your account after 6:00 a.m. CST the following business day.
Important Payment Posting Information:
  • Payments will be deducted electronically from your banking account via Automated Clearing House (ACH).
  • Our Financial records update each business day. Payments posted to your account will be reflected on your account after 6:00 a.m. CST the following business day.
  • Business Day means any weekday (Monday through Friday) except bank holidays.
  • Payments may not result in immediately available credit pending verification of funds.

5. Electronic Mail (E-mail)
Electronic confirmation may be sent to the e-mail address you provide as your e-mail address for this Service. If you change your e-mail address, you are responsible for also updating your e-mail address you provided for this Service.

You understand and agree that your e-mail confirmation may be delayed or prevented by a variety of factors. We neither guarantee the delivery of any confirmation e-mail. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation e-mail, for any errors; or for any actions taken or not taken by you or any third party in reliance on a confirmation e-mail.

NOTE:If you attempt to send us an e-mail message, please be aware that e-mail transmissions are not secure. We advise you not to send us or ask for sensitive information via any general or public e-mail system. If you wish to contact us (see Correspondence Address and Telephone Number information (17) below).

6. Unlawful or Unauthorized Use
You may not use this Service for any unlawful or unauthorized purpose whatsoever. You will adhere to all applicable laws and regulations, which apply to service relationships of this nature and specifically agree that you will not attempt to utilize this Service to access the account of another person.

While accessing the Site or otherwise using this Service, you agree not to:

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

We reserve the right either to refuse to post, or to remove any information or materials, in whole or in part, that do not comply with these terms. We also reserve the right, in our sole discretion, to prohibit from using this Service any user who violates these terms. Such prohibition may occur without notice to the user.

7. Access Information, Security & Privacy
We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. Although we use stringent security measures and take all reasonable steps to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such payment information.

We do not tolerate fraud, and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on this Site without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Site and/or Service may result in criminal and/or civil prosecution and immediate termination of your right to use the Service.

Use of your unique Login Information is required to access this Service. You acknowledge that your Login Information is unique, and must be kept private and confidential to protect the security of your account. You agree not to give or make available your Login Information to any unauthorized individual. If you believe your Login Information has been compromised, lost or stolen, someone has attempted to use your Total Card, Inc. Payment Site login, or your account has been accessed by someone other than yourself, you must notify TCI immediately (see Correspondence Address and Telephone Number information (17) below). If you lose or forget your Login Information contact TCI immediately.

In order to allow for a high degree of confidentiality and security, TCI requires the use of browsers that provide encryption using a 128-bit key. The higher the level of encryption, the harder it is for unauthorized people to read information. Commercial off-the-shelf browsers typically support 40-bit encryption. Many browser suppliers, however, offer special 128-bit encryption versions, available for download from their respective web sites. We recommend that customers protect their valuable financial information by using the most secure encryption possible.

8. Liability
TCI will use its best efforts to make this Service available to you. However, TCI shall incur no liability if it is unable to provide this Service to you for any reason. This section explains our liability to you only to the extent that any other agreements, notices or disclosures have not separately disclosed our liability. In no event shall we be liable to you for failure to provide access to your account via this Service. Unless otherwise required by applicable law, we are only responsible for performing the services as delineated in this Agreement.

With your acceptance and use of the Site & Service, you agree that we shall not be liable to you or any third party for any indirect, incidental, or consequential costs, expenses, or damages (including lost savings or profit, lost data, business interruption, or attorney's fees) resulting from or arising out of this Agreement or resulting from any errors or failures from any malfunction of your computer or any virus or computer problems that you may encounter related to the use of the Service. We will not be liable to you in the following instances:

  1. If, you do not have enough money in your designated banking account to make the payment requested.
  2. If circumstances beyond our control (such as fire, flood, power outage, equipment or technical failure or breakdown) prevent the transfer despite reasonable precautions that we have taken.
  3. If there is a hold on your account, or if access to your account is blocked, in accordance with banking policy.
  4. If your funds are subject to a legal proceeding or other encumbrances restricting the payment request entered.
  5. If you believe someone has accessed your accounts without your permission and you fail to notify us immediately.
  6. If you have not properly followed the instructions on how to make a payment.
  7. If we have received incomplete or inaccurate information from you or a third party involving the account or the payment request entered.
  8. If we have a reasonable basis for believing that unauthorized use of your Login Information or account has occurred or may be occurring or if you default under this Agreement, the agreement for your account or any other agreement with us, or if we or you terminate this Agreement.
  9. If the account has been closed.
  10. If your computer, software, telecommunication lines were not working properly or were temporarily unavailable, and this problem should have been apparent to you when you attempted to enter a payment request.
  11. If you had knowledge of or questions about the possible malfunction of our system when you initiated the payment request entered.
  12. Other applicable laws and/or regulations exempt us from liability.

Indemnification. You agree to indemnify, defend and hold us, our affiliate companies, directors, officers, employees and agents harmless against any third party claim, demand, suit, action or other proceeding and any expenses related to your Total Card, Inc. Payment Site account.

Third Parties. We are not liable for any loss or liability resulting from any failure of your equipment or software, or that of an Internet browser provider such as Netscape (Netscape Navigator browser) or Microsoft (Internet Explorer browser), by an Internet access provider, or by an online service provider, nor will we be liable for any direct, indirect, special or consequential damages resulting from your access to or failure to access Total Card, Inc. Payment Site account.

Virus Protection. TCI is not responsible for any electronic virus or viruses that you may encounter. We suggest that you routinely scan your PC using a virus protection product. An undetected virus may corrupt and destroy your programs, files, and your hardware.

9. Linked Web sites
This Site may contain links to other Web sites operated by third parties (non-affiliates of TCI). Accessing any linked Web site is at your own risk. We are not a party to any agreements you enter with linked Web sites, and are not responsible for the content, products, services, privacy policies, or security offered by such Web sites. In the event you choose to use the services available at a linked Web site, you agree to read and adhere to the policies and terms of use applicable to that Web site.

10. Concurrent Agreements
The terms and conditions in this Total Card, Inc. Payment Site Agreement are supplement(s) to and do not supersede any other agreements that you have with the issuing bank for your account or TCI.

11. Alterations and Amendments
The terms of this Total Card, Inc. Payment Site Agreement may be altered or amended by TCI from time to time, including the addition of fees and service charges. In such event, TCI shall notify you of any alterations or amendments to this Agreement, in place of any prior version of this Agreement, via e-mail, direct mail, or any other medium deemed appropriate by TCI. Your continued use of this Service after TCI provides you with such a notice of change will constitute your agreement to such change(s).

12. Termination or Discontinuation
TCI reserves the right to terminate or discontinue this Service and this Agreement at any time. You may terminate this Agreement, by writing us at PO Box 89937, Sioux Falls, SD 57109 or by calling us at 1-877-878-3005. Neither termination nor discontinuation shall affect your liability or obligations under this Agreement.

13. Error Resolution Notice
In case of errors or questions about your account, write us (see Correspondence Address and Telephone Number information (17) below) as soon as you can. We must hear from you no later than 60 days after you were sent the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.

In your letter, give us the following information:

You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. If you have authorized us to make your monthly payment automatically from your checking or savings account, you can stop the payment on any amount you believe to be incorrect. To stop the payment, please refer to the instructions provided in the ‘Right to Stop Payment of Pre-Authorized Electronic Funds Transfer’ section below.

Right to Stop Payment of Pre-Authorized Electronic Funds Transfer If you have made arrangements with us to make regular payments or withdrawals out of your checking or savings account, you can stop any of these pre-authorized payments. Call us at 1-877-878-3005, or write to us on a separate sheet of paper (see Correspondence Address and Telephone Number information (17) below), in time for us to receive your request at least three (3) business days or more before the pre-authorized payment is scheduled to be made. If you call, we will also require you to put your request in writing and get it to us within fourteen (14) days after you call. If you fail to confirm your oral request in writing, your request will terminate fourteen (14) days after it is made.

14. Assignment
You may not assign this Agreement to any other party. TCI may assign this Agreement to any present or future, directly or indirectly, affiliated company. TCI may also assign or delegate its rights and responsibilities under this Agreement to independent contractors or other third parties.

15. No Waiver
TCI shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by TCI. No delay or omission on the part of TCI in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

16. Governing Law
This Agreement shall be governed by the laws of the State of South Dakota and by applicable Federal laws and regulations.

17. Correspondence Address and Telephone Number
If you need assistance with the Total Card, Inc. Payment Site or Service, or if you need to communicate with TCI, call 1-877-878-3005 or write to:

Total Card, Inc.
Attn: Card Services
PO Box 89937
Sioux Falls, SD 57109

DISCLAIMERS

THE SERVICE (AND ALL OTHER RELATED SERVICES) IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS, SERVICES, OR RESULTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

WE RESERVE THE RIGHT TO CHANGE AND/OR DISCONTINUE OUR CURRENTLY PROVIDED SERVICES AT ANY TIME, FOR ANY REASON, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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