Elan Easy Pay^®

Prevent unauthorized access to your accounts by keeping your login credentials confidential and ensuring that you log out of Easy Pay when you are finished. If you choose to activate a biometric feature (such as a fingerprint or face scanner), it is your responsibility to control access to Easy Pay just as you would with your personal ID and password. You acknowledge that any person who has a biometric feature stored in your device may be able to access Easy Pay.

If you give any other person or entity access to your account(s) by providing your login credentials to a third party, or by allowing a third party to access Easy Pay using your login credentials, you agree that each such person or entity will be acting as your “Agent” and will be bound by this Agreement (and any separate agreement governing your account). We are not responsible for managing your third-party relationships and any arrangements between you and an Agent are strictly between you and the other party. We are not liable to you if your Agent exceeds the scope of authority granted, and any transaction performed by your Agent using your login credentials, even if not specifically intended by you, is considered a transaction authorized by you. Should you decide to revoke any access you have given to an Agent, you must contact us, in which case we may need to block access to your account until new login credentials are established.

Contact 800-344-5696 immediately if:

• You would like to change, disable, or revoke your password.
• You believe that your password or other means to access Easy Pay has been lost or stolen.
• You believe that someone may attempt to use Easy Pay without your consent or has initiated charges without your permission.

We may monitor and/or record any communications between you and us (or our Service Providers), and your interactions with the application itself, for quality control and other permitted business purposes. This monitoring or recording may be done without any further notice to you or anyone acting on your behalf.

If you use any location-based feature of Easy Pay, you agree that your geographic location and other personal information (such as your unique device identifier) may be accessed and disclosed through the application or service. You may turn off location-based features at any time through the settings of your mobile device. If you disable location-based services, other features that use your location may not work until you re-enable location-based services.

By launching Easy Pay or using Easy Pay in any manner, you accept the terms and conditions of this Agreement. You agree to provide true, accurate, complete and current registration information to us and that you will immediately provide to us any changes to your registration information.

Your ability to access and use Easy Pay is determined by one of Elan’s customers (an “Authorizing Entity”). The scope of the functions available to you in Easy Pay, including any limitations imposed on any virtual account number (“Virtual Account”), are determined by the Authorizing Entity.

Please note that information related to the specific transactions you enter into using Easy Pay (including all payments made with the associated Virtual Account) will be shared by Elan with the Authorizing Entity, which is responsible to Elan for all charges made by you with the Virtual Account.

The Authorizing Entity may direct that you be provided with a Virtual Account through Easy Pay. You may be able to download this Virtual Account to a mobile wallet on your mobile device, but such action is not required in order to use the Virtual Account.

The Authorizing Entity may establish spending controls for the Virtual Account, limiting the types or amounts of transactions that may be made with such Virtual Account, as well as the period of time in which such transactions may be made. Elan is not responsible for any such limits established by the Authorizing Entity or with respect to any acceptance coding that a merchant may employ that limits or expands the scope of the spending controls established by the Authorizing Entity. You are solely responsible for any spending limits imposed on your use of the Virtual Account by the Authorizing Entity and Elan is not responsible if you violate any such spending limits.

The Virtual Account is the property of Elan and at any time Elan may for any reason and without notice prevent you from using the Virtual Account. The Authorizing Entity may be able to direct Elan to suspend or revoke your ability to use the Virtual Account at any time. Elan will not be responsible for any damages that you may suffer if you are unable to use the Virtual Account for any reason, including because your access to the Virtual Account has been suspended or revoked.

Transactions conducted with the use of the Virtual Account are governed by the bylaws and rules of the entity that oversees the network related to the issuance of charge cards and the processing of transactions. That entity is either an affiliate of Visa USA, Inc. or Visa International Service Association, Inc. or an affiliate of Mastercard USA or Mastercard International Incorporated, depending on whether Virtual Account is associated with the Visa or Mastercard network.

Protecting your privacy is important to us. We will gather and disclose personal information about you only as allowed by law. All personal information gathered from you in connection with registering to use Easy Pay is governed by the Elan Privacy Policy, which is available online and from the Easy Pay application. Elan will use your personal information to enable you to use the Easy Pay services (including the Virtual Account) as well as for internal purposes (i.e. aggregate demographic analyses, internal marketing studies and statistical analysis).

Easy Pay may contain options to integrate with third party programs (such as calendar programs or mobile wallets) or may contain links to websites owned and operated by third parties. The ability to integrate with other programs or link to websites does not imply our endorsement or approval of any product, service or material of any third party, including materials on such third-party websites. These third-party programs and websites are not under our control and we are not responsible for the availability, content, products, services, advertising or other materials available on or through such third-party programs and websites. The privacy policies of third-party programs and websites may provide less security than our policies, so we strongly encourage you to read the third party’s privacy policy before sharing any information with that third party.

You are hereby granted a personal limited license to download, install, and use Easy Pay on your mobile device.

This license shall be deemed revoked immediately upon any of the following:

• You delete Easy Pay from your device.
• You fail to comply with this Agreement.
• We provide written notice to you at any time, with or without cause.

In the event this license is revoked for any of the foregoing reasons, you agree to promptly delete Easy Pay from your mobile device if you have not already done so.

This license does not amend or supersede any agreements you may have with your mobile service provider or device manufacturer. You understand that those agreements may provide for fees, limitations, and other restrictions that might impact your use of Easy Pay.

In the event you obtain a new mobile device, you will be required to download and install the Easy Pay to that new mobile device if you choose to continue to use Easy Pay.

Message and data rates may apply to some features of Easy Pay. You are responsible for any fees and charges that may apply to the download and use of Easy Pay on any device or network that is not provided by us or our Service Providers.

All content connected with Easy Pay is the exclusive intellectual property of us, our licensors, and/or Service Providers and it is protected by copyrights and other intellectual property rights. You are permitted to use content delivered to you through Easy Pay only for your personal use. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse-engineer or reverse-compile any technology, including any software or other content associated with Easy Pay.

The trademarks, logos, and service marks displayed in connection with Easy Pay are the registered and unregistered trademarks of us and/or our Service Providers. Under no circumstances may you use, copy, imitate, alter, modify, or change these trademarks. Nothing contained on, in, or otherwise connected with Easy Pay should be construed as granting (by implication or otherwise) any license or right to use any trademark without the express written permission of us or the third party, which has rights to such trademark.

All messages, suggestions, ideas, notes, concepts, know-how, techniques, data, applications, mail, and other information you may send to us through or regarding Easy Pay shall be considered an uncompensated contribution of intellectual property to us and shall become our exclusive intellectual property. By submitting any such materials to us, you automatically grant (or warrant that the owner of such materials has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called “moral rights” in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

You understand that any data you access or enter using Easy Pay will be transferred to (and stored within) the United States.

You acknowledge that your use of Easy Pay is subject to the United States government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of Easy Pay. You agree that you will not directly or indirectly use, export, re-export, or transfer Easy Pay except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use Easy Pay in any embargoed or sanctioned country.

You agree not to use Easy Pay to conduct any business or activity or solicit the performance of any activity prohibited by law or any contractual provision by which you are bound. You agree to comply with all applicable laws, rules and regulations in connection with Easy Pay.

We reserve the right to modify this Agreement at any time. You will receive notice in accordance with applicable law when any changes are made that materially affect your rights. By continuing to use Easy Pay, you agree to the most recent version of this Agreement.

Without limiting any other provision of this Agreement, if we or any other Service Provider reasonably believes that your conduct in using Easy Pay constitutes a “Threatening Condition” (including but not limited to, violation of this Agreement, violation of any applicable laws, rules, regulations or industry standards, or otherwise poses a threat to any system, equipment, process, intellectual property, or the reputation of us or any Service Provider), we or any such Service Provider may provide you with a notice to cease the Threatening Condition. If, in the reasonable and good faith determination of us or any Service Provider, the Threatening Condition poses an imminent or actual threat (including regulatory investigation, inquiry or penalty) to us or any Service Provider or its systems, equipment, processes, or intellectual property, you agree that we or any other Service Provider may suspend any and all use of Easy Pay without notice.

We reserve the right to add or eliminate features to Easy Pay, and we may terminate all or part of this Agreement and your use of any or all features of Easy Pay for any reason and at any time with or without prior notice as the law requires. You agree that you will immediately stop using Easy Pay upon our request.

You may voluntarily terminate your access to Easy Pay and withdraw your consent to this Agreement by deleting Easy Pay from your device.

All applicable provisions of this Agreement shall survive termination by either you or us, including, without limitation, provisions related to your liability, intellectual property, warranty disclaimers, limitations of liability, and indemnification.

Neither we, nor Service Providers, represents or warrants the accuracy, adequacy, completeness or timeliness of the services provided by Easy Pay, or the error free use of Easy Pay. All features of Easy Pay are provided “as is” and “as available,” without warranty of any kind, either express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, non-infringement and freedom from a computer virus.

In the event of a system failure or interruption, your data may be lost or destroyed. You assume the risk of loss of your data during any system failure or interruption.

In no event will we or any Service Providers be liable under any contract, tort, negligence, strict liability or other claim for any direct, indirect, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), whether caused by or resulting from (1) the use or the inability to use Easy Pay; (2) any failure of performance, error, omission, interruption, delay in operation or transmission, computer virus, loss of data, theft, destruction, or unauthorized access to your information; (3) errors, inaccuracies, omissions, or other defects in information or content provided by, contained within, or obtained through Easy Pay, or (4) any other failure, action, or omission.

You agree to indemnify, defend, and hold us and our Service Providers harmless from any and all third-party claims, actions, liability, damages and/or costs (including but not limited to reasonable attorney’s fees) arising from (1) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other materials submitted by you to or through Easy Pay; (2) any fraud, manipulation or other breach of this Agreement by you; (3) any third-party claim, action or allegations brought against us arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase of sale of any goods or services; (4) your violation of any law or rights of a third party; or (5) use of Easy Pay by any third party. 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. You will not settle any action or claims on our behalf without our prior written consent.

We will not be deemed to have waived any of our rights or remedies with regard to this Agreement, unless our waiver is in writing and signed by our authorized officer. No delay or omission on our part in exercising any rights or remedies will operate as a waiver. A waiver on one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

If any provision of this Agreement is held to be void or unenforceable in any jurisdiction, such ineffectiveness or unenforceability shall not affect the validity or enforceability of such provision in any other jurisdiction or the validity or enforceability of any other provision in that or any other jurisdiction.

The headings in this Agreement are for convenience or reference only and do not govern the interpretation of provisions of the Agreement.

This Agreement represents the sole and exclusive agreement between you and us regarding Easy Pay and merges and supersedes all previous and contemporaneous written or oral agreements and understandings regarding the subject matter hereof. This Agreement is governed by all applicable Federal laws of the United States of America and the laws of the State of Minnesota (without regard to any choice of law provisions thereof).