Website and Mobile Application Terms of Use 

• Effective Date: January 1, 2023 
• Last Revised: October 14, 2024 

Please read these Terms of Use (as well as the Privacy Policy of Sparrow Financial, Inc. (“Sparrow”, “we”, “us” or “our”) accessible at  www.sparrowcard.com/privacy, collectively the “Terms of Use”) carefully and completely before using  www.sparrowcard.com (the “Site”), the Sparrow mobile application or any other applications (collectively, the “App”) offered by Sparrow and any services or programs offered through the Site or the App (together, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Services and constitutes a legal contract between you and Sparrow Financial, Inc., which includes its subsidiaries, affiliates, agents, authorized representatives, successors, and assignees. You acknowledge that the use of any credit card offered through Sparrow (each, a “Sparrow Credit Card”) is governed solely by the Cardholder Agreement that is provided to you. 

Acceptance of Terms of Use 

By using the Services in any manner, including but not limited to visiting or browsing the Services or submitting any information through the Services, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. If you do not agree to these Terms of Use, you may leave the Site now. If at any time you do not agree with any of the Terms of Use, you must immediately cease your use of the Site, App, and Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Eligibility and Privacy 

By using the Services, you represent and warrant that you are at least 18 years of age, that you are a legal resident of the United States, that you are eligible to register or use the Site and Services and have the right, power, and ability to enter into and perform under these Terms of Use. If you are under the requisite age, or not a legal resident of the United States, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer services offered on or through the Site to any person or entity and may change the eligibility criteria of the Services at any time. You are solely responsible for ensuring that these Terms of Use and use of the Services are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

You agree not to attempt to conduct business using the Services from any country under sanctions by the Office of Foreign Assets Control (OFAC). Information regarding which countries are under sanctions may be obtained on the U.S. Department of the Treasury website. Any attempt to conduct business using the Services from one of these countries may result in your access being restricted and/or terminated.

You agree that Sparrow may collect and use technical and usage data and related information, including, but not limited to, technical information about your device and network, date/time and nature of website access and use, system and website software, and other similar and/or related data, that is gathered periodically for product support and other services. Through your engagement with Sparrow through this website, you authorize Sparrow to gather and use this information to do things like improve products offered through the Site or to provide services or technologies to you, to provide advertising content Sparrow believes you may be interested in, and other activities, which may involve third parties and their advertising content. Sparrow is committed to protecting the privacy of those who visit our Site and use our Services. For more information regarding how we gather and use your personal information, including contact information, and about the privacy choices that Sparrow consumers may make, please refer to our Privacy Policy.

Changes 

We reserve the right, at our sole discretion, to modify or replace any of these Terms of Use at any time. Upon any change in these Terms of Use we will post the amended agreement on the Services; we may also attempt to notify you in some other way. We will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration 

To sign up for a Sparrow Credit Card or take advantage of many of the services we offer, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. By registering, you represent and warrant that you are providing current, accurate, and complete information and that you will keep your Account information updated. You are responsible for the activity that occurs on your Account, and for keeping your Account credentials secure. You may be held liable for losses or damages incurred by us or any other user of or visitor to the Services due to someone else using your name, ID, mobile number, password, or other information which provides access to the Services. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. 

We have implemented technical and organizational measures designed to secure your information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk. 

Accessing the Site and Services  

We reserve the right to withdraw or amend the Site, and any Services or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the Services or the entire Site, to users, including registered users. 

You are responsible for both: 

• Making all arrangements necessary for you to have access to the Site and Services. 

• Ensuring that all persons who access the Site or Services through your internet connection or devices are aware of these Terms and comply with them. 

Bank Account Information and Authorized Actions 

For registered users, your Account information may include access credentials (for example, username and password) that allow you to gain online access to one or more accounts that you maintain with a third-party financial institution and that you choose to designate for use in connection with the Services (each, an “Authorized Bank Account”). We work with one or more Third Party Services (as defined below) that will securely store pursuant to industry standards any Authorized Bank Account access credentials that you provide on the Services and will access your Authorized Bank Accounts for the purposes of providing and improving the services we offer on the Services. You may only provide account access credentials for and authorize us to access valid accounts that you hold in your own name. You may not provide access credentials for an account that is held by a third person. You must update your Account information to reflect any change to the username or password that is associated with any Authorized Bank Account. 

If you choose to link your Authorized Bank Account, you authorize the use of this information to provide you with Sparrow Services. This authorization will remain in effect until you notify us that you wish to revoke this authorization, which may affect your ability to receive the services. The Third Party Services provider that we currently work with is Finicity Corporation (“Finicity”). By using our Services, you grant us, Evolve Bank & Trust, and Finicity the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Finicity in accordance with the Finicity Privacy Policy. 

Payment Processing

Your payment must be made in U.S. dollars from a U.S. deposit account in a form acceptable to us. All payments are considered final, and we do not reverse, refund, or stop payments once they are made. Future-scheduled payments may be cancelled by notifying Sparrow by 11:59 p.m. PST three business days prior to the scheduled payment date.

We may accept and process payments without losing any of our rights. We may delay the availability of credit until we confirm that your payment has cleared. This may happen even if we credit your payment to your Account. We may resubmit and collect returned payments electronically. If necessary, we may adjust your Account to correct errors, process returned and reversed payments, and handle similar issues.

Mobile Application Necessity 

Certain information regarding your Account, such as transaction histories and certain account controls and settings, can only be accessed via the Sparrow mobile application. By creating an Account, you acknowledge that you will need access to the Sparrow mobile application to access these services, and represent and warrant that you own or control a mobile device that meets the technical requirements for downloading and installing the Sparrow mobile application. 

Proprietary Rights and License Grant 

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. All Content on the Services is the proprietary property of Sparrow Financial, Inc. with all rights reserved. You agree that all Content and materials delivered via the Services or otherwise made available by Sparrow at the Services are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Subject to these Terms of Use, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Except as expressly authorized by Sparrow in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or Content. However, you may print or download a reasonable number of copies of the materials or Content at the Services for your personal non-commercial use; provided that you retain all copyright and other proprietary notices contained therein. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. The Sparrow name and logo are trademarks of Sparrow Financial, Inc. You must not modify copies of any materials from the Site, use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text, or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. 

By submitting information or content to or through the Services, by email or over the phone, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use such information as set forth in our Privacy Policy at  www.sparrowcard.com/privacy. Without limiting the generality of the foregoing, you acknowledge that Sparrow may disclose and transfer any information that you provide through the Services to (i) its affiliates, agents or service providers; (ii) to any other person or entity with your consent; or (iii) if we have a right or duty to disclose or are permitted or compelled to so disclose such information by law. 

Rules and Conduct 

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Sparrow. You agree to abide by all applicable local, state, national and international laws and regulations, and by the terms of any other agreements you may have with Sparrow. You, not Sparrow, remain solely responsible for all information that you submit in connection with the Services. By providing us with any information, you represent and warrant that you have all necessary right, consent and authority to provide us with such information. You understand and agree that we shall have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms of Use, and shall have sole discretion regarding the course of action to take in connection therewith. 

You shall not: (i) use the Services for any purpose that is unlawful; (ii) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (iii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iv) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (v) run any form of auto-responder or “spam” on the Services; (vi) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; (vii) harvest or scrape any Content from the Services; (viii) violate or infringe upon the rights of Sparrow or any other third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; (ix) engage in harassing, abusive, profane, or abusive conduct; (x) otherwise take any action in violation of our guidelines and policies; (xi) use the Services for any fraudulent or deceptive purposes; (xii) transmit any malicious code, viruses, worms, or other computer files designed to interrupt, destroy, or limit the functionality of any computer hardware or software; (xiii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation; (xiv) decompile, disassemble, or otherwise reverse engineer the Services; or (xv) impersonate or attempt to impersonate us or our employees.  

If at any time you are in violation of these Terms of Use, we may in our sole discretion and without advance notice choose to suspend, terminate, or throttle your access to the Services, your Account or both. 

Consent to be Contacted 

By submitting information to us, you agree that we (including any companies working on our behalf) have your explicit permission and consent authorizing us to contact you at that number or email address, subject to your privacy preferences, and that you are the owner of that number or email address or that the owner has authorized you to provide this number or email address. You agree that we (including any companies working on our behalf) may contact you, including calls, text message(s), or email, at any phone number, email address, text number or mailing address you provide to us, from which you contacted us, or we receive and believe we can reach you at, to the extent permitted by applicable law, for any lawful purpose, including for purposes of collections. Your consent allows us to use text messaging, artificial or prerecorded voice messages and automatic dialing technology, or any system capable of storing and dialing telephone numbers to contact you about informational, servicing, collections, or other activities relating to your account, but not for telemarketing or sales calls. Automated messages may be played when the telephone is answered, whether by you or someone else. Where allowed by law, we also may contact other individuals who may be able to provide updated employment, location, and/or contact information for you.  

The express consent in this provision includes and extends to any affiliates, agents, contractors, representatives, servicers, service providers, or assignees. 

To stop text messages, you can also simply reply “STOP” to any text message Sparrow sends you. To stop emails, you can follow the opt-out instructions included at the bottom of the emails Sparrow sends you; if an email does not include these instructions, it is a transactional or relationship message and you cannot opt out of receiving it in the future. Message and data rates may apply to calls and texts. 

Third Party Sites and Services 

The Services may permit you to link to, use or otherwise access other websites, services or resources (“Third Party Services”), and other websites, services or resources may contain links to the Services. When you access and/or use Third Party Services, you do so at your own risk. These Third Party Services are not under our control, and you acknowledge that we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. The inclusion of any Third Party Services does not imply endorsement by Sparrow or any association with their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any Third Party Services. 

Termination 

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of some or all information associated with you to the extent permitted by applicable law. All provisions of these Terms of Use which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

Apple, Inc. Device and Application Terms. 

If you are accessing the Services via a mobile application (“Application”) developed by Sparrow on a device provided by Apple, Inc. (“Apple”), or otherwise obtained access to the Services through the Apple App Store, the following terms shall apply:

a. Both you and Sparrow acknowledge that these Terms of Use are concluded between you and us only, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application or the Services; b. The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms of Use as applicable; c. You will only use the Application in connection with an Apple device that you own or control; d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; f. You acknowledge and agree that Sparrow, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; g. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Sparrow, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; h. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; i. Both you and Sparrow acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and j. Both you and Sparrow acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and that upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as the third party beneficiary hereof.

No Warranties 

THE SERVICES AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE SERVICES AND CONTENT ARE PROVIDED WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SPARROW AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (2) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (4) THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PROVISION MAY NOT APPLY TO YOU. 

Indemnification 

You shall defend, indemnify, and hold harmless us, our affiliates, payment card networks and payment processors, and each of our partners and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or any Content, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

Limitation of Liability 

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $50.00. 

ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS 

a.  ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT (I) ANY DISPUTE RELATED TO YOUR USE OF A SPARROW MASTERCARD™ CREDIT CARD IS GOVERNED BY THE TERMS OF THE CARDHOLDER AGREEMENT, AND (II) TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

b.  30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this section, you must notify us in writing within 30 days of the date that you first accept these Terms of Use (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Sparrow, 113 Cherry St. # 87446, Seattle, WA 98104, ATTN: Legal. If you do not notify us in accordance with this section, you agree to be bound by the arbitration and class-action waiver provisions of these Terms of Use, including such provisions in any Terms of Use revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms of Use (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this section. This notification affects these Terms of Use only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms of Use shall not affect the other arbitration agreements between you and us.

c.  Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration and Class Action Waiver section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Miscellaneous 

a.  Choice of Law / Forum.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and the United States of America. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in New York County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

b.  Severability.  If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. 

c.  Limitation on time to File Claims.  ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

d.  No Waiver. No waiver of by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.  All waivers and modifications must be in a writing signed by Sparrow, except as otherwise provided herein. 

e.  Entire Agreement. The Terms of Use constitute the sole and entire agreement between you and us with respect to the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site or Services. 

f.  Assignment.  We may assign, transfer or delegate any of our rights and obligations hereunder without consent.  Unless expressly authorized by us, these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

g.  No Agency.  No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and neither party has any authority of any kind to bind the other in any respect. 

h.  Headings and Subheadings.  The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation. Any use of “including” “for example” or “such as” in these Terms of Use shall be read as being followed by “without limitation” where appropriate. 

i.  To the extent permitted by law, you shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Contact 

You may contact us by sending an email to  [email protected], by calling us at 1-800-839-9797, or by writing a letter to: Sparrow, 113 Cherry St. # 87446, Seattle, WA 98104. 

The Sparrow Card is issued by Evolve Bank & Trust pursuant to a license from Mastercard International.