The Borgata Online Play+^® Program Terms and Conditions

1. The Card Program. This Borgata Online Play+ Program Terms and Conditions (“Agreement”) represents an agreement between you and Sutton Bank, member of the Federal Deposit Insurance Corporation (“FDIC”) (the “Bank”), and contains the terms and conditions governing the Borgata Online Play+ Program (“Program”), offered by the Bank in conjunction with the Bank’s program manager, Sightline Payments LLC (“Sightline”), and your access to and use of the Borgata Online Play+ Program card (“Card”) which accesses  a pre-funded account,  issued to you by the Bank in connection with the Program and any reward, discount, and promotional offers related thereto.

2. Description of Program and Card. Your Account allows you to deposit funds to or from the Account; make purchases for goods and services everywhere Discover^® is accepted; perform ATM withdrawals at ATM devices that accept the card networks for the Account; and access your loaded funds or load your gaming-related winnings to the Account through participating gaming locations and/or gaming websites.  The ability to use your funds in a gaming location is a highly unique feature of the Account and as such, is usable only in certain designated gaming locations that participate in the Program. Those locations accepting the Account for gaming purposes are part of Sightline’s proprietary payments application network (SPAN™), a Sightline developed and owned closed loop  card network, which connects your access to your funds in the Account with the loyalty program at gaming locations and is not accessible to all persons. You must use your Account at a designated Program-accepting gaming location for the Account to work in a gaming context. The gaming features of the Account allow you to segregate and budget your entertainment spend separately from other accounts.  You are able to manage your Account through a full-service online Website (no additional charge for use) and you may have the option to access and manage your account from compatible smartphone devices (no additional charge for use) as offered.  Sightline’s Interactive Voice Response (IVR) system allows you to perform many important functions at no additional charge, and, during available hours, you may elect to speak to a live agent, however, additional fees may apply. Sightline reserves the right to record and monitor all live calls for security and training purposes. We reserve the right to modify or cancel the Program at any time with notice to you. If we suspect your Account is being used in a fraudulent manner we may suspend, block or close your Account or reduce access to your Account.

3. Identity Verification Process.  To help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that positively identifies each person who opens an Account.  When you open an Account with us, we will ask for proof of or otherwise request your name, address, date of birth, Social Security Number, phone number, and other information that will allow us to identify you.  We may also request additional identifying information and documentation from time to time in connection with your access to or use of certain Card features, functionality, and services.

4. Registering for the Program.  In order to participate in the Program, you must (i) be a U.S. citizen or legal permanent resident of the United States (with a U.S. tax ID number); (ii) be at least the age required by law (in the applicable jurisdiction) to participate in the Program; (iii) have a residential street address (not a P.O. Box); and (iv) register for an Account with  us,  or an authorized distributor of the Program. You will need to provide certain information about yourself as prompted by the registration form. The information provided may be used to determine your eligibility for the Program and must be accurate.  By activating the Card or Account by retaining, using, or authorizing the use of the Account or Card, you represent and warrant  to us that: (a) all information you provide to us in connection with the Card and Account is true, correct, and complete; (b) you received a copy of this Agreement and our Privacy Policy and agree to be bound by and to comply with its terms; (c) you accept the Card and Account; and, (d) you will maintain the accuracy of such information and notify Sightline if any of the requested information materially changes. If approved, you will be issued an Account and receive a Card after your first funding of the Account or as otherwise determined by us.

5. Consent for Electronic Disclosures. To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). Your consent to receive electronic disclosures delivery applies to all of the documents we provide to you electronically in connection with the Account, including periodic statements and notices. Your statement is available for viewing and printing online on the Website after selecting the paperless statement option on the Website. If you choose to unsubscribe from marketing emails from us, that will not constitute withdrawing your consent to receive electronic communications related to your Card and/or Account. By accepting and agreeing to this Agreement electronically, you represent that: (1) you have read and understand this consent to use electronic signatures and to receive Communications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and (3) your consent will remain in effect until you withdraw your consent as specified below.

6. Name and Address Changes.  You are responsible for notifying us of any change in your name, physical address, phone number, mailing address, or email address. Requests for address or name changes may be subject to additional verification requirements.

7. Authorized Card Users. You are responsible for all authorized transactions initiated and fees incurred by use of your Card or Account. If you permit another person to have access to your Card or Account we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card associated with your Account according to the terms and conditions of this Agreement.

8. FDIC Insurance. The funds in your Account are held in a pooled account at Bank. Those funds are eligible for FDIC insurance up to $250,000 on a pass-through basis and do not pay any interest. The availability of FDIC insurance is contingent upon Sightline maintaining accurate records and determinations of the FDIC as receiver at the time of a receivership if Bank should fail. Such coverage is subject to aggregation of all of your deposits held at Bank.

9. Disclaimer of Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES WE PROVIDE IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE CARD OR RELATING TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability. NEITHER SIGHTLINE NOR BANK WILL BE LIABLE TO YOU FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND EITHER OF OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE OR SIGHTLINE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY US SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.

11. Funds Availability. Note that the availability of funds loaded to your Account depend on the source of the funds and the type of loaded value. Funds deposited in your Account, or funds transferred from other accounts from any other external bank account(s) are subject to normal Bank rules on funds availability. Funds loaded on to an Account through transfer from credit or debit cards, Online Banking, participating reload networks, and wagering account merchant locations for credit to your Account are available immediately. Some funding sources may not be available to you depending on the jurisdiction you are located in and/or the characteristics of the Program.

12. Use of Your Card and Account.  Your Card may be used to access the funds stored in your Account, and if used in gaming locations via the SPAN™ Network, your utilization of the Card is connected to the loyalty program(s) of the gaming establishments (which are governed by the terms and conditions of such establishments.) You may use your Card to perform the following types of transactions (subject to the transaction limits):

1. At an ATM displaying the Pulse^®, NYCE^®. or MoneyPass^® logos, you may use your card to make withdrawals of cash up to the amount of funds in your Account not exceeding the daily cash withdrawal limit or to obtain Account balance information. Some of these services may not be available at all ATMs or at ATMs outside the United States; and 

2. At participating merchant locations displaying the Discover, Pulse, NYCE, or MoneyPass logos, you may use your Card to purchase goods and services (and to obtain a limited amount of cash) up to the amount of funds in your Account.

13. Your Personal Identification Number/Signature on the Account. To protect the use of your Card for certain transactions, including automated teller machine (ATM) transactions, a personal identification number (“PIN”) will be required to conduct a transaction with your Card. A PIN will be created for your Card during the activation process. You may change this PIN at any time by calling Customer Service and selecting “Change PIN” from the menu option or by selecting the “Change PIN” option online at the Website. You should not disclose your PIN to anyone.  If the security or confidentiality of your PIN is compromised, you should notify Sightline at once.  A PIN may not be necessary to purchase goods or services at merchant locations that accept Discover however, you should remember your PIN in case it is requested.

14. If You Lose the Card or Need a Replacement Card.  You agree to use your best efforts to safeguard the Card at all times. You may not lend, allow another to use or authorize anyone else to use your Card. If you believe the Card has been lost or stolen or you need a replacement card, you should contact Sightline Customer Service immediately.  You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc.  We reserve the right to require an affidavit signed by you and conduct an investigation into the validity of any request. We will supply you with a new Card.  Except as may be required by law, neither we or Sightline are liable for any loss or damage relating to lost or stolen Cards or the unauthorized use of a Card.

15. Expiration.  Unless otherwise prohibited by applicable law, your Account expires on the expiration date shown on your Card. If funds remain on your Account at expiration, and you have not activated a reissued Card, you may request a replacement Card at no charge, or request a balance refund check by calling the phone number listed on your Card. If we send you a balance refund check, it will be for the amount of funds remaining on your Card at expiration less any applicable fees, costs and expenses. Expiration or closure of your Account will not cancel any completed transaction or any third-party services you used the Account to pay for prior to the expiration or closure of your Account.

16. Transaction Limits.  The following load, withdrawal, and purchasing limits will apply for use of your Account:

17. Foreign Currency Transactions. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by the Card Network into an amount in the currency of your Card.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by the Card Network from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate the Card Network itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the Bank may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services. Transactions made outside of the 50 United States, the District of Columbia, Puerto Rico, and other U.S. territories are also subject to this conversion fee even if they are completed in U.S. currency.

18. Fees. All fee amounts will be withdrawn from your Account and will be assessed as long as there is a remaining balance in your Account, except where prohibited by law. Anytime your remaining Account balance is less than the fee amount being assessed, the balance of your Account will be applied to the fee amount resulting in a zero balance in your Account. We reserve the right to automatically deduct additional fees from your Account once reloaded if your Account results in a zero balance.

19. Inactivity and Unclaimed Property. You are subject to the Inactivity Fee listed in the fee schedule if the timeframe since you successfully initiated a transaction exceeds the timeframe listed in the fee schedule (“Inactivity Period”) if a positive balance is available on your Account (see Section 18).  The balance on the Account may be deemed to constitute unclaimed funds or dormant funds escheatable to the applicable state if, as shown by our records, you have not, within the statutory period, caused any activity or received any payments with regard to the Account, indicated any interest in the Account, corresponded with us concerning the Account, or otherwise indicated an interest in the Account as evidenced by correspondence on file with us, or transacted any business with us.

20. Fraudulent or Criminal Card or Account Activity. We reserve the right to block, suspend, or cancel your Card or close your Account, as a result of our policies and processes, we detect what we reasonably believe to be fraudulent, suspicious, or criminal activity or any activity inconsistent with this Agreement. We may temporarily suspend your Card or Account in the event we detect unusual or suspicious activity. If we exercise this right, we will incur no liability to you because of any resulting unavailability of the funds in your Card or Account or your inability to use your Card.

21. Refunds and Returns. If you are entitled to a refund for any reason for goods or services obtained with your Card or Account, you agree to accept credits to your Card or Account for such refunds and agree to the refund policy of that merchant.  The exchange or return of merchandise purchased in whole or in part with the Card will be governed by the procedures and policies of each merchant and applicable law. At the time of any exchange or return, you should present both the merchandise receipt and the Card. If you receive a credit, the credit may not be added to the available funds on the Card for seven (7) business days. Neither the Bank, the Card Network, the processor nor Sightline, nor their respective affiliates, employees or agents are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card or Account or any damages resulting directly or indirectly from the use of the Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.

22. Receipts and Transaction Documentation. You should get a receipt at the time you make a transaction using your Card or deposits and withdrawals from your Account. You agree to retain your receipt to verify all of your transactions.  You have the option of receiving receipts through text and e-mail messages.  You must establish the events and conditions for receiving e-mail and/or text messages on the Website. For transactions where a receipt is unavailable and you elect not to receive text or e-mail advices, you agree to waive your requirement to receive a receipt for these transactions in that manner.

23. Account Closure / Reimbursement / Unclaimed Funds. To close your Account, spend down the amount on your Account and destroy your Card. You may also close your Account at any time by calling the number on the back of your Card or emailing Customer Service.  You may request that we reimburse you for the amount of any remaining available funds (less the current fee per the fee schedule) via emailing Customer Service.  For any remaining balance exceeding $10.00, we will mail a check or other payment instrument to you at the address you provided us when you registered or the address where we mailed your Card upon receiving a legible image of your physical ID that contains your mailing address.  If you do not request the remaining available funds or have not cashed the refund check, applicable law may require us to report your remaining available funds as unclaimed property as stated under Sections 18 and 19.

24. Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your card, PIN, or Account has been lost, stolen, or compromised or if you believe that an electronic fund transfer has been made or will be made without your permission. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your Account.  If you tell us within two (2) business days after you learn of the loss, theft, or compromise of your Card, PIN, or Account, you can lose no more than $50 if someone used your Card or Account without your permission.

25. In Case of Errors or Questions About Your Electronic Fund Transfers. In Case of Errors or Questions About Your Electronic Transfers call or email Sightline Customer Service as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 60 days after we made the FIRST statement available to you on which the problem or error appeared.

26. Returned Deposits. If an e-check transaction is returned you are subject to collection proceedings to the full extent of applicable law and we have the right to assess a return check fee to the maximum allowable limit.  You may be required to complete an Affidavit of Fraud or Affidavit of Stolen Identity in case of a disputed deposit transaction.

27. Confidentiality. We may disclose information to third parties about your Card or the transactions you make:

28. Our Liability to You.  Our liability to you is expressly conditioned and limited by these Terms and Conditions. If we do not timely complete a transfer to or from your Account according to this Agreement, we may be liable for your actual loss or damage caused by our negligence if it caused your loss or damage but for no other loss or damage. We are not responsible for special, extraordinary, consequential, exemplary or other damages and you expressly waive the right to collect same from us. We will specifically not be liable to you for each of the following events:

3. If the ATM, terminal, system or other access device was not working properly or malfunctions at any time.
4. If a merchant does not accept your Card.
5. If access to your Card has been blocked after you reported your Card lost or stolen.
6. If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use.
7. If circumstances beyond our control (such as fire or flood, or computer or communication failure) prevent the Card transaction.
8. If there is a loss or partial loss in any computer systems, systems connectivity, compatibility of systems or other software or hardware malfunction.
9. If we believe the transaction is or might be illegal, fraudulent, or unauthorized.
10. For any other exception stated in our Agreement with you or by applicable law.

29. Right of Set-Off. You agree that Sightline and/or the Bank is authorized, to the extent permitted by applicable law, to set-off any current or future funds deposited to this or any other Account you register or maintain (including any other Accounts serviced by Sightline and issued by the Bank to you), against any or all of your debts and/or liabilities owed to Sightline or the Bank.  Sightline and/or the Bank may exercise this right of set-off without prior notice to you, if permitted by applicable law.

30. Overpayment. We reserve the right to deduct funds from your Account in order to correct a previous error or overpayment to you.

31. Termination. The Card shall at all times remain the property of us, and you agree upon demand to return your Card to us. At any time and without prior notice, we may revoke or cancel your Account and thereby terminate these Terms and Conditions and demand return of your Card. You may terminate your Card and Account, and withdraw from the Program at any time by returning your Card to us. Termination, whether by you or by us, shall not affect any and all prior transactions or obligations relating to your Account or governed by this Agreement and existing at the time of termination.

32. Assignment; Applicable Law. You may not transfer or assign your Card or this Agreement to any other person without the Bank\\\\'s prior written consent.  We may assign our obligations to you under these Terms and Conditions to any other party or person without your consent or any prior notice, subject to applicable law. This Agreement will be governed by and interpreted in accordance with federal law and, to the extent federal law does not apply, by the laws of the State of Ohio. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Ohio, with respect to all controversies arising out of or in connection with the use of the Card and this Agreement that are not subject to arbitration or to any proceeding to enforce the Arbitration Clause or to confirm or vacate an arbitration award.

33. Amendment.  We may amend these Terms and Conditions by delivering an electronic notice of the amendment to you at the last email address you provided us as reflected in our last Account record or to your last e-mail address as shown on the records of Sightline. You will be given at least twenty-one (21) days’ notice prior to the effective date of any amendment that results in an increased fee or charge, an increase in your liability, a reduction in services offered by Sightline, or stricter limitations on transaction or withdrawal rights. If you have elected paper delivery, said notice will be provided in written form. We may cancel or suspend your Card or this Agreement at any time.  You may cancel this Agreement by returning the Card to us or contacting Customer Service. Upon cancellation of your Card, we will continue to honor transactions you have made up until your Card cancellation is processed in accordance with this Agreement, which may take up to forty-five (45) days following the cancellation of your Card, during which regular fees will apply. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

34. Provisions Severability.  If any provision of this Agreement is held to be invalid or unenforceable, such provision will be deemed to be modified to the extent necessary to make it valid and enforceable and with the rest and remainder of this Agreement being unaffected.

35. No Warranty of Uninterrupted Use. From time to time the Card services may be inoperative, and when this happens, you may be unable to use your Card or obtain information from your Card, including the available balance of funds associated with your Card.  Please notify us at the Customer Service number stated below if you have any problems using your Card.  You agree that neither the Bank, the Card Network, Sightline nor any of their respective affiliates, employees, or agents are responsible for any interruption of service.

36. Website Availability. Although considerable effort is expended to make our website and other operational and communications channels available around the clock, we do not warrant these channels to be available and error free every minute of the day.  You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes and armed conflicts.

37. English Language Controls. Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

38. Telephone Monitoring/Recording. You agree that from time to time, without further notice to you, we may monitor and/or record telephone calls and electronic communications between you and us to assure the quality of our customer service or as required by applicable law.

39. Section Headings.  Section headings in this Agreement are for convenience of reference only and shall not govern the interpretation of any provision of this Agreement.

40. Entire Understanding.  This Agreement sets forth the entire understanding and agreement between you and us, whether written or oral, with respect to its subject matter and supersedes any prior or contemporaneous understandings or agreements with respect to their subject matter.

41. Arbitration Clause. You or we may elect to resolve any claim by an individual arbitrator. Claims are decided by a neutral arbitrator. If arbitration is chosen by any party, you and we hereby waive the right to litigate the claim in court or have a jury trial on that claim. Further, you and we will not have the right to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.