Cookie notice
We use cookies to improve site performance, personalize your experience, and for marketing purposes as outlined in our Privacy Policy. Visit Your Privacy Choices to manage how we use and collect your Personal Data.
Terms of Use
PLEASE READ BEFORE ACCESSING OR USING THE WEBSITE
Mercantile, a division of Onboard Partners LLC (“Mercantile”, “we”, or “us”) provides the website and associated services (the "Website") to enable Cardmembers to manage their account (“Account”) via the internet.
PLEASE READ THESE TERMS OF USE (THESE “TERMS OF USE”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY DOWNLOADING, REGISTERING, SIGNING INTO, ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, WHETHER AS A GUEST OR REGISTERED USER, OR OTHERWISE ACCEPTING THESE TERMS OF USE, YOU ARE SIGNIFYING THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO AND ACCEPT THEM, AND ANY AND ALL FUTURE MODIFICATIONS TO THESE TERMS OF USE, AS WELL AS TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE MERCANTILE PRIVACY POLICY. IF YOU DO NOT AGREE TO OR ACCEPT THESE TERMS OF USE, DO NOT USE THE WEBSITE.
We reserve the right to terminate your access to the Website, at any time without notice. The most current version of these Terms of Use is available to you by clicking on the link at the bottom of the Website. Your continued use of the Website after the date of any change to these Terms of Use is your acceptance to be bound by the terms and conditions contained in the then current Terms of Use.
The terms of your Account and the use of your Card are also subject to your Mercantile American Express Business Card Agreement (the “Card Agreement”) and your Card’s Rewards Terms and Conditions, as applicable.
You understand and agree to the following Terms of Use:
A. General. The Website may provide general information about our products and services or the products and services of financial institutions with whom we have a contractual relationship (an “Issuing Bank”). Your eligibility for particular products and services is subject to the final determination, restrictions, and acceptance by us and the Issuing Bank. We may discontinue or make changes to the information, products, licenses, or services described on the Website at any time. Any dated information is published as of its publication date only. We do not undertake any obligation or responsibility to update or amend any such information. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via the Website, no solicitation is made to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.
B. Payments. The Website allows you to, among other things, submit payments to your Account when establishing your login information. You must create an account on the Website, and the Account must be currently serviced by Mercantile. Through the Website, you may have access to submit payments to the Account you provide when establishing your login information. Mercantile reserves the right to deny access to an Account for any reason.
C. Monthly Statements. Mercantile determines what information you will be able to access through the Website. Your Account information available through the Website is not intended to replace the regular monthly periodic statements. You must refer to your full monthly periodic billing statement(s) for your Account to obtain complete Account detail and information, including important information about your rights and obligations. Any discrepancies or disputes regarding the accuracy of your Account summary or periodic billing statement(s) detail must be addressed directly to Mercantile. Copies of previously delivered paper monthly periodic billing statements must be requested from Mercantile, or the issuing bank associated with your Account.
A. Grant of License. Subject to these Terms of Use, we hereby grant you a non-exclusive, limited, personal, non-transferable, freely revocable license to use the Website in a manner consistent with these Terms of Use solely for your personal, non-commercial use, and only as permitted by the features of the Website. Mercantile reserves all rights not expressly granted herein in these Terms of Use. We may terminate this license at any time for any reason or no reason.
B. Your Use of the Website. In connection with your use of the Website, you agree:
C. Accessing the Website
To access the Website, you will need a working connection to the Internet via a web browser on your computer for which you are responsible for all security, costs, expenses, and fees.
From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons the Website may not be available for your use. We minimize the periods of time during which the Website is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Website, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Website caused directly or indirectly, in whole or in part, by your computer, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.
The Website is intended only for use within the United States. We may restrict your access to the Website during times you are in a country for which use of the Website would be prohibited. The Website is not intended for use by persons in any jurisdiction where such use or collection of information would be contrary to applicable laws or regulations. You are responsible for compliance with all local laws.
D. Restricted Use
You will not use the Website for any unlawful or unauthorized purpose whatsoever. You will adhere to all applicable laws and regulations, which apply to service relationships of this nature and specifically agree that you will not attempt to utilize the Website to access the account of another person. While accessing the Website or otherwise using the Website, you agree not to:
Mercantile reserves the right to remove any information or materials, in whole or in part, that do not comply with these Terms of Use. We also reserve the right, in our sole discretion, to prohibit from using this Website, any user who violates these Terms of Use. Such prohibition may occur without notice to the user. By offering the Website, no solicitation is made by us to any person to use such Website in jurisdictions where the provision of the Website is prohibited or restricted by law.
A. Accuracy of User Materials. You may submit to us through the Website content, information, user data or other materials (together with all intellectual property rights in and to such materials, in order to communicate with us (or our third-party customer service provider) or submit forms or applications through the Website, including, without limitation, for the hosting, sharing and display of such user materials and to apply for or request products or services. When applying for or requesting a product or service or otherwise submitting user materials on or through the Website, you agree to provide current, complete, and accurate information about yourself and not to submit any user materials that (i) may constitute or contribute to a crime or tort, (ii) contain any information or content that is illegal, fraudulent or deceptive, (iii) contain any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, or (iv) contain any information or content that you know is not accurate, complete, current or is otherwise designed to mislead, defraud or deceive us or any third party. If any information you provide is untrue, inaccurate, not current, or incomplete, Mercantile has the right to terminate your application(s) for Mercantile products or services and/or to decline to provide any future access to the Website.
B. No Guarantee of Products or Services. Use of the Website and the submission of any user materials completed by you or otherwise submitted through the Website do not qualify you for or guarantee that you will receive any requested Mercantile products or services or create any guarantee or commitment on behalf of Mercantile. Your eligibility for Mercantile products and services will be determined according to and consistent with the terms, conditions, and other criteria applicable to the products and services in question.
Mercantile, in its sole discretion, reserves the right to modify or discontinue, suspend temporarily or permanently stop providing, the Website or features of the Website, to you or to users generally, or create usage limits for the Website, for any reason or no reason, with or without notice to you.
Mercantile may terminate your user account or permanently or temporarily terminate or suspend your access to the Website, without notice and liability to you or any third party for any reason, including, without limitation, if in our sole determination you violate any provision of these Terms of Use, or for no reason. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination or suspension of your use of the Website may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law, in equity or under these Terms of Use. Upon termination for any reason or no reason, you continue to be bound by these Terms of Use.
On the Website, you may find links which will transfer you to a third-party site that can provide you with potentially relevant information and/or functionality. By linking to these third-party sites, Mercantile does not represent or imply that there is any business relationship between Mercantile on the one hand and the third party hosting the linked-to website on the other hand. Mercantile is not responsible for the content and performance of these sites or for your transactions with them. Furthermore, while Mercantile strives to keep these links as current and accurate as possible, we cannot guarantee, and therefore we expressly do not warrant, that they point to the intended third-party website. Links to and from the Website do not constitute a Mercantile endorsement. Additionally, your dealings with or participation in promotions of advertisers found on the Website, including, without limitation, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Mercantile shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
You represent and warrant that: (i) you have complied and will continue to comply with all applicable laws (including, without limitation, any and all relevant data protection or privacy laws) in your use of the Website, (ii) to the extent you share with us any personally identifiable information of any third party for any purpose, you have the authority and written consent from such third party to provide us with such information and allow us to use such information for the purposes permitted in our Privacy Policy, and (iii) all information you furnish in connection with your use of the Website is accurate, complete and current to the best of your knowledge and belief and meets all requirements of all applicable laws.
If any terms or conditions in these Terms of Use change due to applicable law or are declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.
You acknowledge and agree that content, including, without limitation, text, software, music, sound, photographs, video, graphics, images, logos, button icons, editorial content, notices, software (including, without limitation, HTML-based computer programs), other material contained in sponsor advertisements, and other information or materials presented to you through the Website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The Content belongs to Mercantile or to others as indicated. You are only permitted to use this Content as expressly authorized by Mercantile or the Website, and you may not copy, reproduce, distribute, display, download, license, modify, adapt, edit, publish, perform, repost, reuse, sell, supplement, transmit, create derivative works or otherwise use the Content for public or commercial purposes without our express authorization. Your right to use the Website is personal to you. Use of the Content other than as expressly permitted by these Terms of Use is strictly prohibited.
Since we respect content owner rights, it is Mercantile's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Website, please notify Mercantile's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. Identification of the material that is claimed to be infringing and where it is located on the Website;
D. Information reasonably sufficient to permit Mercantile to contact you, such as your address, telephone number, and email address;
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Mercantile Legal Department — DMCA Notice
Mercantile: General Counsel
Address: 855 Boylston Street, Boston, MA 02116 Tel.: (617) 450-4050
Email: copyright@mercantile.cards
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying Mercantile and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Mercantile's rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Mercantile has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Mercantile may also at its sole discretion limit access to the Website and/or terminate the user accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You acknowledge and agree that the Website is, and shall at all times remain, the sole and exclusive property of Mercantile and/or its licensors, and that Mercantile and/or its licensors is the sole and exclusive owner(s) of all rights to the Website, including, without limitation, any and all copyrights and all related renewals and extensions. You agree that the Website is proprietary and confidential and that you will not authorize or permit its contents to be conveyed or in any manner communicated or used by any third party or to be duplicated or reproduced without our prior written approval. Your right to use the Website is personal to you. You agree to use the Website solely for your own personal, non-commercial purposes and not for any commercial purposes. You agree not to sell, resell, or exploit for any commercial purposes, the Website or use of or access to the Website or any information or technology obtained from the Website.
You will maintain confidentiality concerning any confidential or proprietary information which you access through the Website, and you will protect such information from unauthorized access, use or disclosure.
You will restrict unauthorized users from gaining access to the Website. If you are not a registered user, you may receive a username and password upon completing the registration process. You are responsible for maintaining the confidentiality of your passwords and for any and all activities that occur under your passwords or user accounts. You agree to immediately notify Mercantile of any unauthorized use of your user account or any other breach of security known to you.
You will take feasible steps to prevent transmission over the Website of any virus or other software routine designed or likely to permit unauthorized access to the Website or to disable, erase or otherwise harm any software, hardware or data accessible over the Website.
The confidentiality obligations will survive the termination of your use of the Website. You agree to be solely responsible for your actions and the contents of your transmission through the Website. You agree to use any data encryption tool that is built into the Website or another data encryption tool that is mutually agreed upon by you and Mercantile.
We care about the integrity and security of your personally identifiable information. We have taken steps to protect the privacy and security of your personal information as well as your financial transactions with us. You acknowledge and agree that despite our reasonable security measures, we cannot guarantee that electronic communications over the Internet will be 100% secure and that unauthorized third parties will never be able to defeat those measures or use your personally identifiable information for improper purposes. You acknowledge that you are under no obligation to use the Website, and that you provide any personal or sensitive information in order to use the Website at your own risk.
We do not tolerate fraud and reserve the right to take all reasonable measures to detect and prevent it. For security purposes, we may view, monitor, and record activity on the Website without notice or permission from you. Any information obtained by monitoring, viewing, or recording may be subject to review by law-enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Website. We will also comply with all court orders involving requests for such information. Actual or attempted fraud or other unauthorized use of the Website may result in criminal and/or civil prosecution and immediate termination of your right to use the Website. Use of your unique login information is required to access the Website. You acknowledge that your login information is unique and must be kept private and confidential to protect the security of your Account. You agree not to give or make your login information available to any unauthorized individual. If you believe your login information has been compromised, lost or stolen, someone has attempted to use your login, or your Account has been accessed by someone other than yourself, you must notify Mercantile immediately (using the contact information below). If you lose or forget your login information, contact Mercantile.
If you choose to sign in using a fingerprint scanner or other biometric feature on your mobile device, you are responsible for controlling access to your Account information as you would with a username and password. You acknowledge that any person who has a biometric feature stored in your device may be able to access your Account through the Website.
You agree that Mercantile may terminate your password(s), account(s) or use of the Website at Mercantile’s discretion for any reason. We may at any time, with or without cause, and without prior notice to you deny you access to the Website. We may terminate these Terms of Use and your access to the Website in whole or in part at any time without prior notice to you. In the event we terminate these Terms of Use, any applications you have completed and submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.
All notices to a party shall be in writing and shall be made either via email or conventional mail. In addition, Mercantile may post notices or links to notices through the Website to inform you of changes to these Terms of Use, the Website, or other matters of importance.
Please carefully review the following information regarding the electronic delivery of these Terms of Use. By consenting to the electronic delivery of these Terms of Use, you agree that we may provide you, in an electronic format, all disclosures, notices, communications, terms and conditions and amendments thereof related to these Terms of Use or the Website.
A. HOW TO OBTAIN ELECTRONIC DELIVERY OF THESE TERMS OF USE (E-DISCLOSURES)
B. PAPER COPY OF THESE TERMS OF USE
You may also request a paper copy of these Terms of Use, at no cost to you, by writing us at Mercantile, PO Box 89008, Sioux Falls, SD 57109-9008 or by calling us at 1-866-830-4496.
C. SCOPE OF YOUR CONSENT TO RECEIVE ELECTRONIC DISCLOSURES APPLIES ONLY TO THE WEBSITE.
Your consent to receive electronic disclosures applies to the Website only.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND ANY MATERIALS OR INFORMATION PROVIDED BY US OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IS AT YOUR SOLE RISK. THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY THIRD PARTY-PROVIDED INFORMATION, SOFTWARE OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "AS AVAILABLE" BASIS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCANTILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MERCANTILE MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, AVAILABLE AT A PARTICULAR TIME OR LOCATION, SECURE, OR ERROR FREE; NOR DOES MERCANTILE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE TIMELINESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, OR THAT DEFECTS OR ERRORS IN THE SOFTWARE USED ON THE WEBSITE, WILL BE CORRECTED, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS.
MERCANTILE EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE (OR ANY INFORMATION OR SOFTWARE CONTAINED THEREIN) IS FREE OF VIRUSES, WORMS, TROJAN HORSES, HARMFUL COMPONENTS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA OR CONTENT THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
MERCANTILE MAKES NO WARRANTY REGARDING ANY SERVICES OBTAINED THROUGH THE WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE.
MERCANTILE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
MERCANTILE DOES NOT WARRANT OR GUARANTEE THAT YOU WILL RECEIVE ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FINANCIAL AID, SCHOLARSHIP, LOAN, OR OTHER CREDIT OR BANKING PRODUCT THROUGH THE WEBSITE, OR ANY SPECIFIC MONETARY AMOUNTS, AND MERCANTILE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LACK OF SUCCESS OF ANY APPLICATION BY YOU FOR ANY FINANCIAL AID, SCHOLARSHIP, LOAN, OR OTHER CREDIT OR BANKING PRODUCT. MERCANTILE EXPRESSLY DISCLAIMS LIABILITY OR RESPONSIBILITY FOR THE SUCCESS OF ANY APPLICATION BY YOU FOR FINANCIAL AID, SCHOLARSHIPS, LOAN, OR OTHER CREDIT OR BANKING PRODUCT.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE DISCLAIMERS OF WARRANTY AND OTHER DISCLAIMERS IN THESE TERMS OF USE, IN NO EVENT SHALL MERCANTILE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR ACTUAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO THE WEBSITE, OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE. UNDER NO CIRCUMSTANCES WILL MERCANTILE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERCANTILE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MERCANTILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
NOTWITHSTANDING THE FOREGOING, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. FURTHER, NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR DISCLAIM MERCANTILE'S OBLIGATIONS UNDER THE GRAMM-LEACH-BLILEY ACT ("GLBA") AND TO THE EXTENT ANY PROVISION OF THESE TERMS OF USE ARE FOUND TO BE PROHIBITED BY, INVALID OR UNENFORCEABLE UNDER THE GLBA, THAT PROVISION WILL BE ENFORCED TO THE MAXIMUM EXTENT PERMISSIBLE AND THE OTHER PROVISIONS OF THESE TERMS OF USE WILL REMAIN IN FORCE.
IF THESE LIMITATIONS OR EXCLUSIONS ARE HELD TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, THE MAXIMUM COLLECTIVE LIABILITY OF MERCANTILE, IF ANY, FOR LOSSES OR DAMAGES SHALL NOT EXCEED $500. IN NO EVENT SHALL MERCANTILE BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES GREATER THAN THE AMOUNT REFERRED TO ABOVE.
You will indemnify, hold harmless and reimburse Mercantile and its agents, licensors, suppliers, contractors and third-party providers, and their respective employees, members, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, settlements, costs or debt, and expenses (including, without limitation, court costs and reasonable attorneys' fees) caused by or arising from: (i) your or your agents' use of and access to the Website (by your or any other person or entity accessing the Website using your username and password), and any data or content, including, without limitation, any user materials, transmitted or received by you; (ii) any and all actual or alleged injury to any person (including death) or property to the extent caused in whole or in part by your negligence; (iii) your violation of any term of these Terms of Use, including, without limitation, your breach of any of the representations and warranties above; (iv) your violation of any third-party right, including, without limitation, any right of privacy, right of publicity or intellectual property rights; (v) your violation of any applicable law; (vi) any claims or damages that arise as a result of any of your user materials; or (vii) any other party's access and use of the Website with your unique username, password or other appropriate security code; (viii) the negligence or willful misconduct of you or your agents.
The Website may contain links to other websites operated by third parties (non-affiliates of Mercantile). Accessing any linked website is at your own risk. We are not a party to any agreements you enter with linked websites, and are not responsible for the content, products, services, privacy policies, or security offered by such websites. In the event you choose to use the services available at a linked website, you agree to read and adhere to the policies and terms of use applicable to that website.
These Terms of Use are supplement(s) to and do not supersede any other agreements that you have with the issuing bank for your Account or Mercantile.
A. Changes. You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this Website and changing the features and functionality to this website. We will notify you electronically of any change to these Terms of Use as required by applicable law. Any such changes shall take effect as soon as they are posted on this Website. Your use of the Website after the effective date of the change shall constitute your agreement to be bound by the terms of the change. You should also review these Terms of Use periodically for any changes.
B. Discontinuance of the Website. Mercantile reserves the right to terminate or discontinue the Website at any time for any reason without notice. Neither termination nor discontinuation shall affect your liability or obligations under these Terms of Use.
If any of the terms or conditions set forth herein change due to applicable law or are declared invalid by order of a court, the remaining terms and conditions set forth in these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use.
For information about how to resolve any errors or questions about your Account, please refer to the Card Agreement.
If any portion of this Website is inaccessible to you for any reason, please contact us at 1-866-830-4496.
A. Entire Agreement. These Terms of Use, together with all agreements incorporated by reference, any and all amendments and any and all additional written agreements you may enter into with Mercantile in connection with the Website, shall constitute the entire agreement between you and Mercantile concerning the Website and supersedes all prior agreements between the parties regarding the subject matter contained herein.
B. Assignment. Mercantile expressly reserves the right to assign and transfer these Terms of Use, and its rights and obligations under these Terms of Use, in part or as a whole, without restriction, including, without limitation, to another legal entity as part of any sale or merger of all or part of Mercantile or its affiliates with a separate legal entity. You may not transfer these Terms of Use, or your rights or obligations under these Terms of Use, to any person or entity without our prior written approval.
C. Governing Law. These Terms of Use shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.
D. No Waiver. Mercantile shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by Mercantile. No delay or omission on the part of Mercantile in exercising any right or remedy shall operate as a waiver of such right or remedy or any other rights or remedies. A waiver on any particular occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
E. Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
F. Limitations on Claims and Actions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
G. Force Majeure. In no event shall we be liable for damages caused by third parties not under our control or by other causes beyond our reasonable control, including, without limitation, damages caused by third party telecommunications service providers.
H. Construction; Interpretation. The section titles in these Terms of Use are for convenience only and have no legal effect.
I. No Third-Party Beneficiaries. The provisions of these Terms of Use apply for the benefit of Mercantile only. Mercantile has the right to assert and enforce those provisions directly against you on its own behalf.
If you have any questions regarding these Terms of Use or need assistance with the Website or your Mercantile Account, you can contact our Customer Care Team at 1-866-830-4496 or by mail at Mercantile, PO Box 89008, Sioux Falls, SD 57109-9008.
This disclosure is effective as of 05/13/2026 and is subject to change after the date listed.
The Mercantile Business Card credit card program is issued by Celtic Bank pursuant to a license from American Express®. American Express is a registered trademark of American Express.
© 2026 Onboard Partners LLC. All rights reserved. Mercantile is a service mark of Onboard Partners LLC.
MT-2605-TOU