Terms of Use Agreement

The Terms of Use ("Agreement") are contractual obligations between you and Higher One, Inc. and applies to your use of the Higher One web services and any related products and services (collectively the "Service"). This Agreement affects your rights and you should read it carefully, print the Agreement or copy it to your computer's hard drive for your reference. In this Agreement, "you" or "your" means any person using the Service ("Users"). Unless otherwise stated, "Higher One," "we" or "our" will refer collectively to Higher One, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

By clicking "I Agree", "I Accept", or by submitting any information through the Service you agree to the Terms and Conditions of this Agreement and any documents incorporated by reference. You further agree that this Agreement forms a legally binding agreement between you and Higher One, and that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Higher One, Inc. This Agreement is subject to change by Higher One without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Higher One website. Descriptions of material amendments to this Agreement will be posted in advance on the Higher One website. You may review the current Agreement at any time at our Disclosures page.

1. The Relationship between You and Higher One:

   By registering for the Service, you appoint Higher One as your agent to process transactions on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. You acknowledge that (i) Higher One, Inc. is not a bank and the Service is a transaction processing service rather than a banking service, and (ii) Higher One is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. If you open a bank account through the Service, you will be subject to the OneAccount Terms and Conditions. This account will at all times be held by an FDIC insured depository institution.

   By initiating any transactions through the Service, you appoint Higher One as your agent to obtain the funds on your behalf per your instructions and to transfer the funds to the recipient that you designate, subject to the terms and restrictions of this Agreement. When you send a payment, until that payment is received by the recipient (which may occur instantly), you remain the owner of those funds and Higher One may hold those funds as your agent, but you will not be able to retrieve those funds or send the funds to any other recipient unless the initial transaction is cancelled in accordance with our policies and rules.

2. User Responsibilities:

   Eligibility:

   In order to use the Service, you must register to receive a valid login. To open a OneAccount through the Service, you may have to be affiliated with an institution of higher education currently under contract with Higher One. Additionally, if your information or actions indicate an unacceptable level of risk, as determined at our sole discretion, you will not be eligible to use the Service. You agree to use the Service for personal use only.

   No Multiple Accounts:

   Should you register for more than one access to the Service, Higher One reserves the right to terminate your access and will restrict you from the system going forward.

   Registration Information:

   You agree to provide true, accurate and complete registration information and to maintain and promptly update your information as necessary. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Higher One has the right to terminate your use of the Service and Higher One, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize Higher One, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report, performing other credit checks or verifying the information you provide against third party databases.

   Prohibited Transactions:

   You agree that you will not use Higher One to initiate transactions related to illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the Higher One website or any of the services offered therein for any unlawful or fraudulent activity. If Higher One has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with Higher One to investigate any suspected unlawful, fraudulent or improper activity. You agree not to impersonate a Higher One User or a Higher One representative, or to request that a Higher One customer provide you with their password or other information to access their account.

   Electronic Communications:

   To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from Higher One in electronic form. Electronic Communications may be posted on pages within the Higher One website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Communication. Higher One reserves the right but assumes no obligation to provide Communications in paper format. Your consent to receive Communications electronically is valid until you revoke your consent by notifying Higher One of your decision to do so by contacting us in writing. If you revoke your consent to receive Communications electronically, Higher One may terminate your right to use the Service or charge you monthly fees.

   Correct Information:

   You agree and warrant that you have access to the Internet and to a current functional e-mail address for personal use. Although we will take reasonable steps to contact you based on information that you have provided us, Higher One will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You have an AFFIRMATIVE OBLIGATION to provide Higher One with correct information, including an operational e-mail address, and to notify Higher One promptly as to any changes or cancellations of any and information, such as e-mail addresses you provide to Higher One. Failure to provide Higher One with current information, including a working and functional e-mail address for personal use, and/or failure to update Higher One about a change or cancellation of any of your information, or if Higher One has reason to believe that either has occurred, may result in suspension of your access to the Service or other measures deemed appropriate by Higher One. Higher One reserves the right to take measures to ensure the integrity of its database, and expects that you, as a user, will cooperate and keep your contact and personal information current. If you are affiliated with a college or university or other program sponsoring entity, Higher One may share your contact information, such as email and mailing address, with that entity.

   Passwords:

   You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. Higher One is not responsible for losses incurred by Users as the result of their misuse of passwords.

   Hacking:

   If you use, or attempt to use the Service for purposes other than its intended purposes, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

   Assignability:

   You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of Higher One. At any time, Higher One reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.

   Transfer of Account Balance to Higher One: Other Transfer:

   Higher One, as your agent, may at any time, after reasonable notice has been provided to you, without any consent on your part (i) withdraw the full balance of your OneAccount deposits from the FDIC-insured depository institution then holding such deposit accounts by having such depository institution transfer the full balance to Higher One, as your agent and (ii) place such balance into another deposit account with another FDIC-insured depository institution. In addition, Higher One, as your agent, after reasonable notice has been provided to you by Higher One, may direct the FDIC-insured depository institution then holding your deposit account to transfer your deposit account and all of such depository institution's related obligations and responsibilities to an assuming FDIC-insured depository institution designated by Higher One without any consent on your part.

   Indemnification:

   You agree to indemnify and hold Higher One, its affiliates, officers, directors and employees harmless from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Service.

   Security Interest; Higher One's Right to Setoff:

   To secure your performance of this Agreement, you grant to Higher One a lien on and security interest in any account opened or registered through the Service. In addition, you acknowledge that Higher One may setoff against any accounts you own for any obligation you owe Higher One at any time and for any reason allowed by law. Higher One may consider this Agreement as your consent to Higher One's asserting its security interest or exercising its right of setoff should any law require your consent. The rights described in this section are in addition to and apart from any other rights.

   Choice of Law:

   This Agreement is governed by and interpreted under the laws of the State of Connecticut.

   Arbitration:

   Any controversy or claim arising out of or relating to this Agreement or the provision of Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Haven County, Connecticut, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or Higher One may seek any interim or preliminary relief from a court of competent jurisdiction in New Haven County, Connecticut necessary to protect the rights or property of you or Higher One, Inc. (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

3. Rights, Obligations and Disclaimers of Higher One:

   Privacy:

   We take the privacy of your personal information very seriously at Higher One. Please review our Privacy Policy for more information.

   Processing:

   Higher One shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. or international mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.

   Closing and Restricting Access to the Service:

   Higher One, at its sole discretion, reserves the right to restrict or terminate access to the Service at any time for any reason, including but not limited to a violation of this Agreement or if you open a OneAccount and violate the OneAccount terms and conditions or fail to keep your OneAccount in good standing. For example, if you violate any applicable terms and conditions or overdraw your OneAccount, Higher One may restrict your ability to make changes to your profile, preferences and settings. Higher One, at its sole discretion, also reserves the right to periodically retrieve and review a consumer report for any account, and reserves the right to close an account based on information obtained during this review process, or inability to properly verify the identity of the account holder. Higher One, at its sole discretion, also reserves the right to restrict your usage of the Service if required by law or if it has reason to believe that transactions are fraudulent. If your access is restricted, you will be notified by e-mail and requested to provide information relevant to your access of the Service and/or account. Higher One will investigate the matter promptly. If the investigation is in your favor, we will remove the access restriction to the Service. If the investigation is not in your favor, Higher One may continue the restriction for up to 180 days as necessary to protect Higher One against the risk of reversals.

   Termination:

   Higher One, in its sole discretion, reserves the right to terminate this Agreement, access to its website, or access to the Service for any reason and at any time upon notice to you and payment to you of any unrestricted funds held in custody for you.

   Trademarks:

   Higher One's website, HIGHER ONE and all related logos, products and services described in this website are either trademarks or registered trademarks of Higher One, Inc., or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Higher One. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Higher One and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Higher One.

   Miscellaneous Disclaimers:

   1. All information and content related to the Service is subject to change. Higher One does not warranty the completeness, accuracy or timeliness of the information displayed through the Service. The Service may be unavailable from time to time, at Higher One's sole discretion.
   2. Higher One reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious or for accounts conducting high transaction volumes to ensure integrity of the funds.
   3. Higher One shall not be responsible for payments made to unintended recipients or for payments made in incorrect amounts due to the input of incorrect information by you
   4. Higher One shall not be obligated to pay a User for any payments for which Higher One has not been fully paid by the sender's bank, as applicable.
   5. Higher One will not have any liability in connection with any unauthorized interception or use of data relating to you or the Higher One service; any inability by you to use or access the Service or the Higher One website for any reason; any actions or transactions by an individual that uses your user name and password with your consent or knowledge; or any cause over which Higher One, Inc. does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers.
   6. In no event shall Higher One be liable (A) for damages caused other than by intentional misconduct or (B) for any indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to your use of or inability to use the Service or the Higher One website, even if Higher One has been advised of the possibility of such damages. In no event shall Higher One be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, internet access or computer equipment or software, or any third party website linked to through the Service) or any circumstances beyond our control (such as, for example, a fire, flood, or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).

   Security Features:

   Higher One strongly suggests that you use a web browser with 128-bit encryption. For more information, please visit our Security Policy. However, regardless of whether you use a web browser with security features, Higher One is unable to guarantee that data transmitted is secure and/or will not be intercepted by third parties.

   This Agreement was last modified on June 20, 2008.

OneAccount Terms and Conditions Agreement

GENERAL

Consent to Terms and Conditions:

The Terms and Conditions ("Agreement") are contractual obligations between you and Higher One, Inc. and applies to your use of the Higher One web services, your OneAccount and any related products and services (collectively the "Service"). This Agreement is subject to change by Higher One without prior notice (unless prior notice is required by law), by posting of the revised Agreement on the Higher One website. Further, Higher One may transfer at any time your OneAccount, without prior notice to you, to any other bank in order to maintain the Service and provide your OneAccount with deposit insurance from the FDIC.

By using the OneAccount you agree to the terms of this agreement and the Schedule of Fees that may be imposed. Continued use of your account with us means you agree to these terms and conditions, you agree to pay listed fees when applicable, and you grant us the right to collect the fees, as earned, directly from your account balance. You also agree to pay additional reasonable charges we may impose for services you request which are not contemplated by this agreement.

By opening the account you accept and agree to the current terms and conditions of and future amendments to this disclosure and other account disclosures and documents provided to you. You are responsible for the accuracy and completeness of all information supplied to us in connection with your account.

Limit on Liability:

To the fullest extent permitted by law, we will not have any liability in connection with any unauthorized interception or use of data relating to you or the Service; any inability to use or access the Higher One Website for any reason; any actions or transactions by an individual that uses your user name and password; or any cause over which we do not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or Internet service providers. We will not have liability of any adverse affects to your account caused by any Spam Block programs or Fire Walls that may prohibit email communications and/or account information access available through the Internet.

The Service accessible through the Higher One Website is provided "as is" and with all faults, and we hereby disclaim, for ourselves and for each other entity involved in the provision of the Service, all warranties, either express or implied or statutory, including, but not limited to, any implied warranties of merchantability, of fitness for a particular purpose and of lack of viruses. In no event shall we be liable (a) for damages caused other than by our own gross negligence or intentional misconduct or (b) for indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, damages for lost profits, disclosure of confidential information, or loss of privacy), arising out of or in any way related to the use of or inability to use the Higher One Website or any Service, even if we have been advised of the possibility of such damages. In no event shall we be liable for any act or omission of any third party (such as, for example, any provider of telecommunications services, Internet access or computer equipment or software) or any circumstances beyond our control (such as, for example, a fire, flood or other natural disaster, act of God, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services). Limitations on this disclaimer with respect to certain electronic funds transfers are stated in the Electronic Funds Transfer Your Rights and Responsibilities set forth in the OneAccount Disclosures.

Internet Enabled Accounts:

You certify that you have access to the Internet and a current email address. You have sole responsibility for providing us with a correct and operational email address. You must promptly notify us of any change in your email or postal mailing address, or if you are unable to access your account information through the Internet, when applicable to your "Financial Services." If you do not promptly notify us, we will not be held liable for any adverse affects to your account as a result of undelivered mail or email or due to the inability to access your account information over the Internet. We are not responsible for any costs that you incur for maintaining Internet access and an email account.

Electronic Communications:

To the fullest extent permitted by law, this Agreement and any other agreements, notices or other Communications regarding the Higher One Website or the Service ("Communication" or "Communications") may be provided to you electronically and you agree to receive "Communications" in an electronic form. Electronic "Communications" may be posted on the pages within the Higher One Website and/or delivered to your email address. You will print a paper copy of any Electronic "Communication" and retain it for your records. All "Communications" in either electronic or paper format will be considered to be "in writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the "Communication". We reserve the right to provide "Communications" in paper format.

Your consent to receive "Communications" electronically is valid until you revoke your consent by notifying us of your decision to do so. If you revoke your consent to receive "Communications" electronically, we may terminate your right to use the Higher One Website to the extent permitted by law.

Privacy:

You have had an opportunity to review, download or print, and you agree to the Privacy Policy relating to the Higher One Website and the financial services provided by the us.

Illegal, Fraudulent Or Improper Activity:

You will not use the Higher One Website or the Service for any illegal, fraudulent or improper activity. If we suspect that you may be engaging in or have engaged in a fraudulent, illegal or improper activity, including a violation of any terms and conditions relating to the Higher One Website or the Service, your access to the Higher One Website may be suspended or terminated. You understand that transactions in your OneAccount may be suspended or terminated if an Access Device has been reported lost or stolen or when we reasonably believe that there is unusual activity in your OneAccount. You will cooperate fully with us to investigate any suspected illegal, fraudulent or improper activity.

Password Protection:

You will not disclose your password to access the Higher One Website to any person. You will notify us immediately if your password is compromised or lost.

Security Features:

We strongly suggest that you use a web browser with 128-bit encryption. Regardless of whether you use a web browser with security features, we are unable to ensure that the data transmitted by you to us, or from us to you, will not be intercepted by third parties. To further ensure the security of your account, we encourage you to avoid transmitting confidential information through email communications.

Modifications:

At our discretion, we reserve the right to amend these Terms and Conditions at any time, make modifications and additions to the Higher One Website and the Service provided by us to the extent permitted by law.

Anytime that the terms, conditions, and charges associated with your account are not acceptable to you, you may terminate this contractual agreement by closing your account after paying any fees, penalties, or charges owed to us.

Transfer:

You may not transfer any rights or obligations you may have under this Agreement, or with respect to the Service, without our prior written consent. We reserve the right to transfer at any time any right or obligation under this Agreement or with respect to the Service without your consent.

Revenue Sharing:

Depending on the contract with your college or university, Higher One may provide cost savings, earnings credits, revenue sharing or other financial support that may be based at least in part on your usage of the OneAccount. These benefits accrue to the organization itself and not to any individual. To the best of our knowledge, all of these contracts are reviewed by the proper authorities at the college or university before execution.

Deposit Account Terms

Deposits:

Any items including items drawn on us accepted for deposit (including items drawn "on us") will be given provisional credit only in accordance with the applicable Funds Availability Disclosure until collection is final. We are not responsible for transactions initiated through mail or outside depository until we actually receive and record them. All transactions received after our "daily cut-off time" on a business day we are open, or received on a day in which we are not open for business will be treated and recorded as if initiated on the next following business day that we are open. Any funds sent to you by another User before you open your OneAccount, may be held for your benefit in escrow and then released upon account opening, and will be subject to the same availability rules, as if your account had been open at the time the funds were sent.

Cash Deposits:

Please do not send cash deposits through the mail. In the event that cash deposits are received, you agree that our determination of the amount of the deposit will be final. We are not liable for any deposits, including cash, lost in the mail, lost in transit or not received by us.

Third Party Checks:

We will not accept third party checks for deposit. In the event that we receive a third party check, we will not deposit the check into any account with us. Third-party checks will be returned to the sender via U.S. mail and we will not be liable for any checks that may become lost in the mail.

Endorsements:

Any check or other item submitted for deposit will be endorsed exactly as it was made payable. You warrant that all endorsements on items deposited to your account are genuine. Any endorsement must be placed in the 1-inch area starting at the left side on the back of an item and the remaining area on the back of the item may not contain any preprinted, stamped or handwritten information. If you fail to do this, you may be required to reimburse us for losses incurred. In the absence of endorsement, you authorize us to supply any missing endorsements if items are made payable to you or your order and you have not endorsed them.

Deposited Items Returned:

If final payment is not received on any item you deposited to your account, or if any direct deposit, automated clearinghouse deposit or electronic fund transfer to your account is returned to us for any reason, you agree to pay us the amount of the return. We may charge any account of which you are an owner, or re-present any item you deposit with us that is returned to us unpaid without prior notice to you. We may adjust any accrued interest on your account, and we may charge a fee for returned deposited items in accordance with our Schedule of Fees.

You authorize us to attempt collection of previously returned items which you deposited. In our attempts to collect these items, you agree that we may allow the payor bank (the bank on which the item is drawn) to hold the item beyond its midnight deadline. If an item you deposit is returned unpaid, you waive the requirement for notice of this return.

If a claim is made on any item; subsequent to final payment, on the grounds that the item was altered, bears a forged or unauthorized endorsement, or was not otherwise properly payable, we may withhold credit for the item from your account until final determination of the claim. In addition, we will not be liable for a check or draft or other item that you deposit that has been forged or altered in such a way that a reasonable person could not discover the forgery or alteration.

Direct Deposits:

If, in connection with a direct deposit plan, we deposit any amount in this account which is claimed by the Federal Government for any reason, you authorize us to deduct the amount of liability to the Federal Government from this account or from any other account you have with us, without prior notice and at any time, except as prohibited by law. We may also use any other legal remedy to recover the amount of liability.

Withdrawals:

You may withdraw or transfer all or any part of the account balance at any time on forms approved by us. We may charge your account for a check, even though payment was made before the date of the check. The fact that we may honor withdrawal requests which overdraw the finally collected account balance does not obligate us to do so unless required by law. Withdrawals will first be made from collected funds and we may, unless prohibited by law or our written policy, refuse any withdrawal request against uncollected funds, even if our general practice is to the contrary. We reserve the right to refuse any withdrawal or transfer request which is attempted by any method not specifically permitted which is for an amount less than any minimum withdrawal requirement or which exceeds any frequency limitation. Even if we honor a nonconforming request, repeated abuse of the stated limitations (if any) may eventually force us to close this account.

You agree to maintain sufficient available funds on deposit to cover all items presented for payment against your account. If you do not, payment may be refused. We reserve the right, without prior notice to you, to either pay or return any item presented for payment against insufficient or uncollected funds. In addition to the amount of the item, we may charge your account a fee for the payment, or return of the item against insufficient or uncollected funds, in accordance with our Schedule of Fees.

You agree immediately upon notice from us to deposit funds sufficient to cover the overdraft plus applicable charges. If we choose to honor any debit item that overdraws the deposit account we do so at our discretion and will not be obligated to do so thereafter. We will pay checks presented for payment against your account in the order from the highest dollar amount checks to the lowest dollar amount checks.

ACH and Wire Transfers:

This agreement is subject to Article 4A of the Uniform Commercial Code in the state in which you have your account with us. If you originate a funds transfer and you identify by name and number a beneficiary financial institution, an intermediary financial institution or a beneficiary, we and every receiving or beneficiary financial institution may rely on the identifying number to make payment. We may rely on the number even if it identifies a financial institution, person or account other than the one named. You agree to be bound by automated clearinghouse association rules. These rules provide, among other things that payments made to you, or originated by you, are provisional, until final settlement is made through a Federal Reserve Bank or payment is otherwise made as provided in Article 4A-403(a) of the Uniform Commercial Code. If we do not receive such payment, we are entitled to a refund from you in the amount credited to your account and the party originating such payment will not be considered to have paid the amount so credited. If we receive a credit to an account you have with us by wire or ACH, we are not required to give you any notice of the payment order or credit.

Ownership of Account and Beneficiary Designation:

You intend these rules to apply to the account depending on the form of ownership and beneficiary designation, if any. We make no representations as to the appropriateness or effect of the ownership and beneficiary designations except as they determine to whom we pay the account funds. Further, the type of account you select may determine how property passes on your death. Your will may not control the disposition of funds held in some of the following accounts.

Single-party Account:

The party to the account owns the account. On the death of the party, ownership of the account passes as a part of the party's estate under the party's will or by intestacy.

Stop-Payments Orders:

We may accept a written or oral stop payment order from you. We may require you to complete a form authorizing the order (find the form under the Customer Service drop down menu on your OneAccount page). You must give us sufficient notice so that we have a reasonable opportunity both to verify that the item is unpaid and to act on your request. We may charge you a fee for each stop payment order and each renewal of the order.

To place a stop payment order, we need the account number, the check number and the exact amount of the check - in dollars and cents. If you give us the wrong amount (even one penny off) or the wrong check number, we may pay the check. We may also require the date of the check and the name of the party to whom the check was made payable. We may use only a portion of the required information to identify a check.

You agree to hold us harmless for said amount, and for all damages, expenses and costs incurred on account of refusing payment of said check and you further agree not to hold us liable on account of payment contrary to a stop payment order if such payment occurs through inadvertence, oversight or accident, or if the check is not described with absolute accuracy and certainty as to all details, especially the amount of said check.

A stop payment order generally expires after six months. However, we may, in our sole discretion, elect to honor a stop payment order for a longer period of time without notice to you. If you want the order to continue after six months, you must ask us to renew the order. Each renewal is treated as a new order. If you want the order to expire in less than six months, you must cancel the order by contacting Customer Service. We may accept a written or oral instruction to cancel the order. Your request to cancel the order is not effective until we have a reasonable opportunity to act on it. We cancel the order automatically when the account on which the check is drawn is closed.

If the check is presented to us for payment after the order expires, we may pay the check.

Amendments and Termination:

From time to time we may amend any term of this Agreement upon giving you reasonable notice in writing or by any other method permitted by law, including, in appropriate circumstances, posting on the designated website operated by Higher One. We may also close this account at any time upon reasonable notice to you and tender the account balance personally or by mail.

Transfer of Account Balance to Higher One; Other Transfer:

We, at the request of Higher One, as your agent, may at any time, after reasonable notice has been provided to you by Higher One, transfer the full balance of your deposit account to Higher One, as your agent, so as to permit Higher One, as your agent, to place such balance with another FDIC-insured depository institution without any consent on your part. Upon such transfer of your full balance to Higher One, our responsibilities with regard to you and your account shall cease, and this agreement shall terminate. In addition, at the direction of Higher One, as your agent, we shall, after reasonable notice has been provided to you by Higher One, transfer your deposit account and all our related obligations to an assuming FDIC-insured depository institution designated by Higher One without any consent on your part, and at the time of such transfer, our obligations and responsibilities with regard to you and your account shall cease, and this agreement shall terminate.

Statements:

You agree to examine and reconcile your statement of account within 30 days of its posting on the website. If you discover (or reasonably should have discovered) any unauthorized payments or alterations, you must promptly notify us of the relevant facts. If you fail to do either of these duties you will have to either share the loss with us, or bear the loss entirely yourself (depending on whether we used ordinary care and, if not, whether we contributed to the loss). The loss could be not only with respect to items on the statement, but other items forged or altered by the same wrongdoer.

You agree that the time you have to examine your statement and report to us will depend on the circumstances, but will not, in any circumstance exceed a total of 30 days from when the statement is first made available to you.

You further agree that if you fail to report any unauthorized signatures, alterations, forgeries or any other errors in your account within 60 days of when we make the statement available, you cannot assert a claim against us on any items in that statement, and the loss will be entirely yours. This 60-day limitation is without regard to whether we exercised ordinary care. The limitation in this paragraph is in addition to that contained in the first paragraph of this section.

Right of Setoff:

We may (without prior notice and when permitted by law) set off the funds in this account against any due and payable debt you owe us now or in the future, by any of you having the right of withdrawal to the extent of such persons' or legal entity's right to withdraw.

We will not be liable for the dishonor of any check when the dishonor occurs because we set off a debt against this account. You agree to hold us harmless from any claim arising as a result of our exercise of our right of setoff.

Inactive Accounts:

After a reasonable period of inactivity on an account, we may consider your OneAccount to be in an inactive status. Inactive status will not be effective unless there has been no customer-initiated activity on your account for 9 months. Customer initiated activity is usually considered at least one of the following activities: made a deposit or withdrawal, written to us about your account, or otherwise shown an interest in the account, such as asking us to keep the account active. You usually need to perform the activity. Therefore, bank charges and interest payments, and automatic deposits and withdrawals, are usually not considered activity.

If we consider your account inactive, then (unless prohibited by federal law or the law of the state where we maintain your account) we may:

• charge inactivity account fees on the account,
• stop sending monthly statement reminders, and
• refuse to pay items drawn on or payable out of the account.

If you re-establish contact with us, we do not have to reimburse you for these fees.

All accounts will be subject to service charges in accordance with our Schedule of Fees.

Escheatment:

Accounts that are inactive for a period of time may be considered to be dormant and are subject to escheat. Each state has varying laws as to when account is subject to escheat and we may be required to send the funds to the state of the last known address. We will make all reasonable efforts to contact you before transferring your account(s) to an applicable state.

Court Attachments; IRS Levies; Adverse Claims:

If your account becomes subject to legal action, such as a tax levy or third party garnishment, we reserve the right to refuse to pay any money from your account, including checks or other items presented for payment, until the action is resolved. If we are required to pay an attachment, garnishment or tax levy, we are not liable to you. Payment is made after satisfying any fees, charges or other debts owed to us. You agree that you are responsible for any expenses, including legal expenses and fees we incur due to a garnishment, levy or attachment on your account. We may charge these expenses to your account. Until we receive the appropriate court documents, we may continue to process transactions against your account, even if we have received an unofficial notification of an adverse claim. You will indemnify us for any losses if we do this.

Fees and Charges:

Please refer to the Schedule of Fees for the charges associated with certain transactions and/or requests.

Contacting Higher One:

By US Mail: Higher One, 25 Science Park, Box 201, New Haven, CT 06511

By Toll-free Telephone: 1-866-296-3930

By Internet: www.HigherOneAccount.com

FUNDS AVAILABILITY DISCLOSURE

We only accept items for deposit that are drawn on financial institutions located in the United States.

DETERMINING THE AVAILABILITY OF A DEPOSIT

Our policy is to delay the availability of funds that you deposit in your account. During the delay, you may not withdraw the funds in cash and we will not use the funds to pay checks that you have written.

The length of the delay is counted in business days from the date of your deposit. Every day is a business day except Saturdays, Sundays, and federal holidays. If a deposit is received before 3pm on a business day, we will consider that date to be the date of your deposit. However, if the deposit is received after 3pm or on a day that we are not open, we will consider that the deposit was made on the next business day we are open. The length of the delay varies depending on the type of deposit and is explained below.

Same Day Availability

Funds from electronic direct deposits are available on the day we receive the deposit.

Next Day Availability

Funds from the following sources are available not later than the business day after the banking day on which the deposit is received:

• U.S. Treasury checks that are payable to you.
• Wire transfers.
• Checks drawn on The Bancorp Bank
• State or local government checks that are payable to you.
• Cashier, certified, and teller's checks that are payable to you.
• Federal Reserve Bank checks, Federal Home Loan Bank checks, and U.S. Postal Service money orders if these items are made payable to you.

Other Check Deposits

The delay for other check deposits depends on whether the check is a local or non-local check. To see whether the check is a local or non-local check, look at the routing number on the check. If the first four digits of the routing number in the 11th Federal Reserve District, as designated by Appendix A of Regulation CC, then the check is a local check. (See Appendix A of Reg. CC.)

Otherwise, the check is a non-local check. Some checks are marked "payable through" and have a four or nine-digit number nearby. For these checks, use the 4-digit number or the first four digits of the nine-digit number, not the routing number on the bottom of the check, to determine if these checks are local or non-local. Our policy is to make the funds from local and non-local checks available as follows:
If you deposit both local and non-local checks, the first $500 will be available on the first business day after the day of deposit.
Local Checks: The remaining funds will be available on the second business day after the day of your deposit. Please see example. *
Non-local Checks: The remaining funds will be available on the fifth business day after the day of your deposit. Please see example. *

Money Order Guidelines

Deposits of U.S. Postal Money orders are available on the first business day after the day we receive the deposit, when your deposit is mailed to Higher One.
Unlike USPS money orders, deposits of non-postal money orders (e.g., Western Union, MoneyGram) are not guaranteed and the funds will not be immediately available.

LONGER DELAYS MAY APPLY

Funds you deposit by check may be delayed for a longer period under the following circumstances:

• We believe a check you deposit will not be paid.
• You deposit checks totaling more than $5,000 on any one day.
• You redeposit a check that has been returned unpaid
• You have overdrawn your account repeatedly in the last six months.
• There is an emergency, such as failure of computer or communication equipment.

We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the eleventh business day after the day of your deposit.

*Example. If the deposit is made on Monday: The first $500 from the total deposit of checks will be available on Tuesday. The remainder of the local checks deposited will be available on Wednesday. The remainder of the non-local checks deposited will be available on the following Monday. The remaining amount of checks deposited that was over $5,000 will be available the following week on Friday.

Special Rules for New Accounts

If you are a new customer, the following special rules apply during the first 30 days your account is open. An account is open when the first deposit is made to the account.
Funds from electronic direct deposits to your account will be available on the day we receive the deposit.
Funds from deposits of cash, wire transfers, and the first $5,000 of a day's total deposits of cashier's, certified, teller's, traveler's and federal, state and local government checks and US Postal Service money orders will be available the first business day after the day of your deposit. The excess over $5,000 will be available on the ninth business day after your deposit. Funds from all other check deposits will be available on the eleventh business day after the day of your deposit.

Electronic Funds Transfer Your Rights and Responsibilities

Indicated below are types of Electronic Fund Transfers we process, some of which may not apply to your account. Please read this disclosure carefully because it tells you your rights and obligations for the transactions listed. You should keep this notice for future reference.

Personal Identification Number (PIN) and Passwords

Your PIN and passwords are identification methods that are both personal and confidential. You are required to use your PIN with your OneCard at an ATM or ATM Merchant terminal. It is a security method by which we help you maintain the security of your account. Your passwords are another security method that maintains the security of your account and the transactions you process online. Therefore, you agree to take all reasonable precautions that no one else learns your PIN or passwords. As such, you agree that you will not reveal your Password, PIN, or any other Access Device to any person nor write your PIN or Password on your card or on any item kept with your Access Devices; and not leave a computer terminal unattended after you have logged on using your Password or other Access Device.

ACH, Automatic and Preauthorized Transfers:

You may make arrangements for certain direct deposits (such as some payroll deposits) to be made directly into your account. You may make arrangements to pay certain recurring bills or to pay for purchases made through the Internet or telephone from your account.

Telephone Banking:

You may get access to your account 24 hours a day at 1-866-309-7454 in order to;

1. Get help with the Higher One Bank website
2. Get the account balance of your checking account
3. Get information about the last 2 months from your account
4. Place a stop payment order*
5. Request copies of statements, checks and deposited items*
6. Report a card lost or stolen

Debit MasterCard® Transactions

You may access your account by ATM using your Debit MasterCard® and your PIN (personal identification number) to:

1. Get cash withdrawals from your checking account (you may withdraw no more than $500.00 per day)
2. Get the account balance of your checking account (some of these services may not be available at all terminals)
3. There is a charge per approved transaction, declined transaction, or inquiry at ATMs we do not operate

Debit MasterCard® Point-of-Sale Transactions

You may access your account to purchase goods (in person, online or by phone), or to pay for services (in person, online or by phone) at any location that accepts Debit MasterCard.

You may not exceed $2,500.00 in Point-of-Sale Transactions per day with the Debit MasterCard®.

A hold may be placed on the funds available in your account to cover the transaction. The hold will be in the amount of the transaction request that has been submitted by the merchant for authorization. Held funds will not be available for withdrawal or check writing purposes during the hold period. You will be responsible for resolving disputes concerning the quality of goods and services purchased or concerning the amount of the hold with the merchant that accepted the card.

Internet Banking

You may access your OneAccount by computer with your user ID and Password and internet access to www.HigherOneAccount.com to:

1. Get the account balance of your checking account
2. Get the account history for the last 2 months
3. Make payments from your checking account to third parties
4. Order official checks*
5. Place a stop payment order*
6. Place a wire transfer request*
7. Requests copies of statements, checks and deposited items*

Your username and password act as your signature to authorize any requested transactions through the online banking service. For transfer transactions, your request will only be completed if you have sufficient funds in the account from which you wish to transfer funds and DUAL AUTHENTICATION. Limitations are set for security reasons and are not disclosed for that reason. Transfers may be delayed based on the time of transaction and the type of transfer service you are utilizing to process the transfer.

Fees

We do not charge for direct deposits to the account. Please refer to the separate Schedule of Fees for additional information about fees.

ATM Surcharges

When you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used to complete the transfer. This surcharge will be disclosed at the ATM.

Preauthorized Payments

If you have told us in advance to make regular payments out of your account, you can stop any of these payments with timely notice to us. Contact us at the website, telephone number or address listed in this disclosure in time for us to receive your request three business days or more before the 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 14 days after you call. Please refer to our Schedule of Fees for the amount we will charge you for each stop payment order you request.

Notice of varying amounts

If these regular preauthorized payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made, and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits you set.)

Liability for failure to stop payment of preauthorized transfer:

If you order us to stop one of these payments 3 business days or more before the transfer is schedules and we do not do so, we may be liable for your losses or damages.

Documentation Terminal transfer:

You can get a receipt at the time you make any transfer to or from your account using most automated teller machines or point-of-sale terminals.

Statement:

Your statement will be available to you through your OneCard website. If you request, you can have a monthly account statement mailed to you for a monthly charge. You may also request a printed history of your account by calling 1-866-309-7454 or through the website at www.HigherOneAccount.com.*

Financial Institution's Liability:

Liability for failure to make transfers:

If we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:

1. If, through no fault of ours, you do not have enough money in your account to make the transfer.
2. If the automated teller machine where you were making the transfer does not have enough cash.
3. If the terminal or system was not working properly and you knew about the breakdown when you started the transfer.
4. If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
5. There may be other exceptions stated in our terms and conditions.

Confidentiality:

We will disclose information to third parties about your account or the transfers you make only: 1) Where it is necessary for completing transfers; or 2) In order to verify the existence and status of your account for a third party, such as a credit bureau or merchant; or 3) In order to comply with government agency or court orders; or 4) If you give us written permission; or 5) In order to comply with government agency summonses, subpoenas or orders; and 6) Upon receipt of certification form a federal agency that a request for information is in compliance with the Right to Financial Privacy Act of 1978.

Unauthorized Transfer:

Customer liability:

Tell us AT ONCE if you believe your card and/or code has been lost or stolen. Contacting us through the website is the best way of keeping your possible losses down. You could lose all the money in your account. If you tell us within 2 business days, you can lose no more than $50.00 if someone used your card and/or code without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your card and/or code, and we can prove we could have stopped someone from using your card and/or code without your permission if you had told us, you could lose as much as $500.00. Also, if your statement (through the website or by the monthly mailed statement) shows transfers that you did not make, tell us AT ONCE. If you do not tell us within 60 days after your account history has been made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If extenuating circumstances keep you from telling us within the stated time, we shall extend the times specified above to a reasonable period. 2) Contact in event of unauthorized transfer. If you believe your card and/or code has been lost or stolen or that someone has transferred or may transfer money from your account without your permission, contact us via the website or the telephone number or address listed in this brochure.

Error Resolution Notice:

In case of Errors or Questions about your Electronic Transfers and Statements:

If you think your statement or receipt is wrong, contact us via the website, or the telephone number or address listed in this brochure as soon as you can. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared or 60 days from when your account history was first made available to you through the website. 1) Tell us your name, card number, and account number (if any). 2) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information. 3) Tell us the dollar amount of the suspected error.

If you tell us orally, we will require that you send us your complaint or question in writing within 10 business days. We will tell you the results of our investigation within 10 business days (or 20 business days for a new account) after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days (90 days if the transfer involved a point-of-sale transaction or an international transaction) to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days (20 business days if the transfer involved a point-of-sale transaction or an international transaction) for the amount you think is an error, so that you will have the use of the money during the time it takes us to complete our investigation. If we do not receive your complaint or question within 10 business days, we may not credit your account. If we decide that there was no error, we will send you a written explanation within 3 business days after we finish our investigation. If we have provisionally credited your account during the investigation and determine that there was no error, you will be required to return any credit of funds you have received from us. You may ask for copies of the documents that we used in our investigation.

Contacting Higher One:

By US Mail: Higher One, 25 Science Park, Box 201, New Haven, CT 06511

By Toll-free Telephone: 1-866-296-3930

By Internet: www.HigherOneAccount.com

ONLINE BILL PAYMENT TERMS AND CONDITIONS

These terms shall be part of the OneAccount Terms and Conditions and shall apply to any use of the Online Bill Payment Service offered by Higher One ("Service").

Definitions:

"Agreement" means these Terms and Conditions of the Service.

"Business Day" is every Monday through Friday, excluding Federal Reserve holidays.

"Due Date" is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

"Payee" is the person or entity to which you request a bill payment to be directed.

"Payment Instruction" is the information provided by you to the Service for a bill payment to be made to the Payee.

"Scheduled Payment" is a payment that has been scheduled through the Service but has not begun processing.

"Scheduled Payment Date" is the day your OneAccount will be debited and is also the day the Service will begin processing your payment, unless the Scheduled Payment Date falls on a non- Business Day in which case it will be considered to be the next Business Day.

Payment Scheduling:

Transactions begin processing on your Scheduled Payment Date and will arrive approximately six (6) Business Days after the Scheduled Payment Date. When scheduling payments, you must select a Scheduled Payment Date that is no fewer than six (6) Business Days before the actual Due Date, not the late date or the grace period.

The Service Guarantee:

Due to circumstances beyond the control of the Service, particularly delays in handling and posting payments by Payees or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges, up to $40.00 per incident and no more than $60.00 during any calendar year, should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under "Payment Scheduling" in this Agreement.

Payment Authorization and Payment Remittance:

By providing the Service with names, addresses and account information of Payees to whom you request us to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with Payee directives.

When the Service receives a Payment Instruction, you authorize the Service to debit your OneAccount and remit funds on your behalf. In using the Service, you understand that Payees and/or the United States Postal Service may return payments to the Service for various reasons. The Service will use its best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your OneAccount.

The Service will use its best efforts to make all your payments properly. However, the Service will incur no liability and any Service Guarantee will be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: a) If, through no fault of the Service, your OneAccount does not contain sufficient funds to complete the transaction; b) The payment processing center is not working properly and you know or have been advised by the Service about the malfunction before you execute the transaction; c) You have not provided the Service with the correct information such as the correct name, address, phone number, or account information for the Payee; d) Circumstances beyond the control of the Service (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction.

Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your OneAccount or causes funds from your OneAccount to be directed to a Payee inconsistent with your Payment Instructions, the Service will be responsible for returning the improperly transferred funds to your OneAccount, and for directing to the proper Payee any previously misdirected transactions.

Payment Methods:

The Service reserves the right to select, at its sole discretion, the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment or a check payment.

Payment Cancellation and Stop Payment Requests:

You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be cancelled or edited; therefore, a stop payment request must be submitted. The Service's ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service will not have liability for any third party charges that may be incurred. The Service may also require you to present your request in writing. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.

Limitation on Payments:

Payments to Payees outside of the United States or its territories are prohibited through the Service. You also agree to use the Service for lawful payments only. Tax payments and court ordered payments may be scheduled through the Service; however, such payments are discouraged and must be scheduled at your own risk. In no event will the Service be liable for any claims or damages resulting from you scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from this type of payment. All research and resolution for any misapplied, misposted or misdirected payments will be your sole responsibility and not that of the Service.

The Service reserves the right to refuse, at our sole discretion, to pay any Payee to whom you may direct a payment. The Service will notify you promptly if it decides to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment or an exception payment under this Agreement.

Exclusions of Warranties:

THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

Password and Security:

You agree not to give or make available your password or other means to access your account to any other individuals. You are responsible for all payments authorized through your account using the service. If you permit other persons to use the Service or your password or other means to access your account, you are responsible for any transactions they authorize. If you believe that your password or other means to access your account has been lost or stolen or that someone may attempt to use the Service without your consent or has transferred money with or without your permission, you must notify the Service immediately.

Services Fees and Additional Charges:

Any applicable fees are displayed on the website or set forth in the applicable fee schedule in effect from time to time. There may be a charge for additional transactions and other optional services. You agree to pay such charges and authorize the Service to deduct the calculated amount from your OneAccount for these amounts and any additional charges that may be incurred by you. Any fees associated with your OneAccount will continue to apply. The monthly service charge for usage of Unlimited Online Bill Pay shall be waived if you receive Payroll Direct Deposit with a minimum ACH deposit of $100 per month to your OneAccount.

Alterations and Amendments:

These Terms and Conditions, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service will provide notice to you on the web or as required by law. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such changes. Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service's more recent revisions and updates.

Service Termination, Cancellation, or Suspension:

In the event you wish to cancel the Service, you may have the ability to do so online, or you may contact customer service. Any payments the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is cancelled. The Service may terminate or suspend Service to you at any time, at its sole discretion. Any abuse or commercial use of the Service can result in immediate termination of your use of the Service. Neither termination nor suspension will affect your liability or obligations under this Agreement.

Disputes

In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any marketing or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service communicates and the terms of this Agreement, the terms of this Agreement will prevail. Any dispute or controversy arising out of this Agreement shall be submitted to and resolved exclusively by binding arbitration.

Miscellaneous

The Service will not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Service. No delay or omission on the part of the Service in exercising any rights or remedies will operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion will not be construed as a bar or waiver of any rights or remedies on future occasions.

You may not assign this Agreement to any other party. The Service may assign this Agreement to any future, directly or indirectly, affiliated company. The Service may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

The captions of sections hereof are for convenience only and will not control or affect the meaning or construction of any of the provisions of this Agreement.

This Agreement will be governed by and construed in accordance with federal law and, to the extent not preempted by federal law, the laws of the State of Connecticut, without regard to its conflicts of choice of laws principles.

THE FOREGOING WILL CONSTITUTE THE SERVICE'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY. IN NO EVENT WILL THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE.

Contacting Higher One:

By US Mail: Higher One, 25 Science Park, Box 201, New Haven, CT 06511

By Toll-free Telephone: 1-866-296-3930

By Internet: www.HigherOneAccount.com