PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions ("Terms" or "Terms and Conditions") constitute an agreement between you ("you", "your", or the "user") and Merrick Bank and its affiliates, subsidiaries or assigns (collectively, "Merrick Bank", "we", "us" or "our"). The website (“the Site”) is owned and operated by Merrick Bank. These Terms govern your access and use of the Site, our apps, and other relevant channels (together, the "Sites").

The Sites are provided by Merrick Bank to you on condition that you accept these Terms. By accessing or using a Site, you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to accept these Terms, you may not access or use the Sites.

We reserve the right at any time to change: (i) these Terms; (ii) any or all of the Sites, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through the Sites or the hours that they are available; (iii) any fees or charges, if any, related to the use of the Sites; and (iv) the equipment, hardware or software required to use and access the Sites.

Any changes we make to these Terms will be effective immediately upon posting on the Sites. Please return to the Sites periodically to ensure you are familiar with the most current version of these Terms.

Limitations on Use

The Sites are based in the United States for residents of the U.S. aged 18 years or older and are not intended for use by others or from outside of the U.S. We may change, suspend, or discontinue all or any part of the Sites, or deny you access to all or any part of the Sites, without notice and without reason. By accessing the Sites, you agree that you will not:

Software

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the software and related functionality embedded in the Sites (“Software”). Certain Software that we use to provide the Sites has been licensed from third parties (each a “Third-Party Licensor”) that are not affiliated with Merrick. Your limited right to use the Software is revocable in our sole discretion. You agree to download and install all Software updates for the Sites promptly once they are available to you. Neither Merrick nor our Third-Party Licensors have any obligation to correct any bugs, defects or errors in the Sites or Software, or to otherwise support, maintain, improve, modify, upgrade, update or enhance the Sites or Software.

WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY SOFTWARE, COMPUTER VIRUSES OR OTHER DESTRUCTIVE, HARMFUL OR DISRUPTIVE FILES OR PROGRAMS THAT MAY INFECT OR OTHERWISE IMPACT YOUR USE OF YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON THE SITES OR YOUR DOWNLOADING OF ANY USER MATERIALS OR OTHER CONTENT FROM THE SITES.

Passwords & Registration

You are responsible for maintaining the confidentiality of your usernames or passwords associated with your credit card account and the Sites. Notify us (such as by calling the phone number on the back of your credit card) immediately of any unauthorized access to the Site or unauthorized use of your credit card. You may be liable for losses or damages incurred by us or any other user of the Sites due to someone else using your username, ID, password, or other information which provides access to the Sites. We are not liable for any loss or damage you may incur as a result of your failure to comply with these requirements.

By using the Sites you expressly authorize us to access certain third-party websites and accounts on your behalf, to retrieve personal information and other information about you for any legitimate business purpose, subject to applicable law and our Privacy Policy. You agree that we may collect and use technical and usage data and related information about your computer or mobile device, date and time of Site access, system and website Software, and peripherals to facilitate the provision of product support and other services to you. You grant permission to use this information to improve products, to provide services or technologies to you, and to provide advertising content, including working with third parties who provide targeted advertising content. Features of the Sites may request access to information contained or generated in your computer or mobile device including location services. If you deny access to these functions the Sites may not work as designed. By using the Sites, you are consenting to and agreeing to be bound by our Online Privacy Policy. For more information on how we collect, use, transfer, store and share your online data and personal information, and how you can manage your online privacy choices, please see our Online Privacy Policy.

Telecommunications Providers

You agree that when you use the Sites, you will remain subject to the terms and conditions of all your existing agreements with us, our affiliates, and/or any unaffiliated service providers and your internet service provider and mobile service carrier or provider, and that these Terms do not amend or supersede any of those agreements. You understand that those agreements may provide for fees, limitations and restrictions which might impact your use of the Sites (for example, your mobile service carrier or provider may impose data usage or text message charges for your use of or interaction with the mobile app), and you agree to be solely responsible for all such fees, limitations and restrictions.

Intellectual Property

Sites are the property of Merrick Bank, or its respective third-party owners. Under no circumstances may you alter, modify, or change any Site content, including any trademarks used by us on the Sites. You are prohibited from using our trademarks for any purpose without our written permission. All right, title and interest in this website and any content contained herein is the exclusive property of Merrick Bank, except as otherwise stated.

The information contained in the Sites, including but not limited to text, graphics, and images (other than certain images licensed from third parties) and their arrangement, are copyright ©2025 by Merrick Bank.

No Warranty

YOUR USE OF OUR ONLINE SERVICES, THE SITES, ACCOUNT SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITES (WHETHER PROVIDED OR MADE AVAILABLE BY US OR A THIRD-PARTY SERVICE PROVIDER) IS AT YOUR SOLE RISK. WE DO NOT PROMISE THAT THE SITES, THE ONLINE SERVICE OR ANY MATERIALS, CONTENT, SERVICES OR FEATURES OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR

THAT ANY DEFECTS WILL BE CORRECTED, OR THAT USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE SITES, THE CONTENT AND RELATED SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

YOU AGREE THAT NONE OF THE PROTECTED PARTIES (AS DEFINED BELOW) SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST THE PROTECTED PARTIES (INCLUDING BUT NOT LIMITED TO CLAIMS BASED UPON THE NEGLIGENCE OF ANY OF THE PROTECTED PARTIES) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE SITES AND/OR SERVICES. IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY. INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING PARAGRAPH AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PROTECTED PARTIES, FOR ANY CLAIM, COST, DAMAGE, OR LOSS ARISING OUT OF OR RELATING TO THE PLATFORM, INCLUDING FOR ANY WARRANTIES THAT MAY NOT BE EXCLUDED, SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR $10.00 (TEN DOLLARS) (USD) (THE “LIABILITY CAP”).

Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

Indemnification

You will defend, indemnify, and hold Merrick Bank, each third-party service provider, their respective affiliates, subsidiaries, and parent companies, and their respective officers, directors, employees, agents, information providers, and partners (collectively, the “Protected Parties”) harmless from and against any actual or threatened suit, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to (a) your conduct with respect to the Sites and/or (b) violation (or alleged violation) of these Terms by you or any other person accessing the Sites on your behalf. Under no circumstance will Merrick Bank be liable for damages of any kind that result from your use of, or the inability to use, the Sites.

Please note that some jurisdictions limit the extent to which a party may indemnify another. As such, this provision will apply to you to the extent permitted by applicable law.

Assignment

You may not assign these Terms to any other party. We may assign these Terms to any directly or indirectly, affiliated company. We may also assign or delegate certain of our rights, duties and obligations under these Terms to independent contractors and other third parties.

No waiver

We shall not be deemed to have waived any of our rights or remedies under these Terms unless such waiver is in writing and signed by us. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Governing Law

These Terms are governed by the laws of the State of Utah (without regard to conflict of law provisions) and applicable federal law. Our failure to exercise or delay in enforcing any of our rights shall not constitute a waiver of such rights. These Terms, together with all other documents incorporated herein, constitutes the entire agreement with respect to the subject matter herein, provided that these Terms shall not limit or modify the Cardmember Agreement.

Termination of Access

Merrick Bank reserves the right, in its sole discretion, to terminate your access to the Ollo website, mobile app and the related services or any portion thereof at any time, without notice.

General

These Terms are governed by the laws of the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Merrick Bank as a result of these Terms or use of the Sites.

Merrick Bank’s performance of this agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of Merrick Bank’s right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Sites or information provided to or gathered by Merrick Bank with respect to such use.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Merrick Bank with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Merrick Bank with respect to the Sites. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Trademarks

The trademarks, logos and service marks displayed on the Sites are either trademarks or registered trademarks of Merrick Bank and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use a trademark or registered trademark displayed on the Sites without the written permission of Merrick Bank or such third party that may own the trademark or registered trademark displayed on the Sites. Your misuse of the trademarks or registered trademarks displayed on the Sites is strictly prohibited.

Any rights not expressly granted herein are reserved.