Legal Things to Read from Ness

Last Updated: January 20, 2023

The Ness Card – Payment Information Table

IMPORTANT INFORMATION REGARDING PAYMENT

Payment Information
You must pay your outstanding balance in full by the Payment Due Date.
Fees
Annual Membership Fee $399.00
Late Payment Fees Charges incurred are due by the date indicated on your periodic statement (the Payment Due Date). Late fees will be assessed as follows: ●     Your first late fee is $29. This late fee will be charged if you do not pay the Amount Due on your billing statement by 11:59PM PT on the Payment Due Date. ●     If you do not pay the Amount Due for a second time within the next 6 billing periods by 11:59PM PT on the Payment Due Date, your late fee is $39 instead. ●     If you do not pay the Amount Due for two or more billing periods in a row, your late fee will be $39 or 1.99% of the delinquent balance, whichever is greater.  This late fee will be charged at 12:00AM PT on the day immediately following the Payment Due Date of the second consecutive billing period, and, if the Amount Due remains unpaid, on the day immediately following each Payment Due Date after that. Your late fee will never exceed the Amount Due.
Returned Payment Fee If you make a payment that is returned unpaid, the fee is $29. If, for a particular billing period, both a returned payment fee and a late payment fee apply, you will be charged a late fee only.
Transaction Fees None
For Credit Card Tips from the Consumer Financial Protection Bureau To learn more about factors to consider when applying for or using a credit card, visit the website of the Consumer Financial Protection Bureau at http://www.consumerfinance.gov/learnmore.
 

Ness Credit Card – Cardmember Agreement

Welcome to the Ness Card! This Cardmember Agreement (“Agreement”) governs the use of your Ness Card account (your “Account”).  In this Agreement and in your monthly Account Statement (as defined below), “we,” “us,” “our” and “Bank” refer to The Bank of Missouri, including, as applicable, our successors, assignees and representatives. “You,” “your” and “Cardmember” refer to the person who applied for, and was approved for the Account, and, as appropriate, all persons authorized to use the Account. By activating your Ness Card, you are agreeing to be bound by this Agreement, and the terms set forth in any and all subsequent disclosures provided to you by us, including disclosures provided to you by Ness Well Financial LLC, a Delaware limited liability company, or any affiliate thereof (collectively, “Ness Well”), each of which are incorporated herein by reference, or as otherwise disclosed to you through the Ness Well website at www.nesswell.com or the Ness Well mobile app. Please read this Agreement carefully and keep a copy for your records. You must be at least 18 years of age (or of legal age in your state of residence) to apply for a Ness Card. Ness Card Accounts are only available to individuals who are legal U.S. residents, residing in the continental United States. IN NEW YORK, THIS AGREEMENT BEGINS ON THE FIRST DATE THAT YOU SIGN A SALES SLIP OR MEMORANDUM EVIDENCING THE PURCHASE OF GOODS OR SERVICES. Your application, any card carrier that we send with your Ness Card, any automatic payment plan form, any other written documents (including any electronic record) evidencing any transactions made under your Account, any notices that we send to you with your Agreement, any special credit terms disclosures included in any solicitation letter that we sent you (including initial credit limit terms) and any special credit terms or rewards terms separately or subsequently disclosed to you in writing, are part of, and incorporated into, this Agreement. You can view, print, save, and email current versions of the Agreement at any time from the Ness Well website. (It makes a mean addition to any file folder, IRL or virtual, if we say so ourselves.)

Contacting Us

Except as explicitly set forth in this Agreement, you can contact us with questions or other matters about your Account by:
  • Calling us toll-free at 1 (888) 842-6061 (go ahead and add us to your contacts now so you don’t feel awkward about not knowing our number later);
  • Emailing us at [email protected]; or
  • Writing to us at Attn: Cardmember Services, 228 Park Ave S. #70527, New York, NY 10003
If you attempt to contact us by other means—smoke signals, carrier pigeons, etc.—we may not receive your message and may not be able to respond in a timely manner, or at all. (But know that we do respect the effort.)

Binding Agreement

Your activation of your Ness Card evidences your acceptance of the terms of this Agreement. Even if you don’t use your Ness Card, this Agreement will take effect unless you contact us to cancel your Account within 30 days after we approved your Account and made this Agreement available to you. For New York residents, this Agreement takes effect on the first date that you sign a sales slip or memorandum evidencing the purchase of goods or services. Where the terms of this Agreement differ from any special terms that we later offer to you in writing, the special terms offered will control, but all other terms of this Agreement will remain unchanged.

Changes to this Agreement

We may change the rates, fees, and terms of this Agreement from time to time as permitted by law. Changing terms includes adding, replacing, or deleting provisions of this Agreement. These changes are binding on you. Subject to applicable law, we will give you advance written notice of the changes and a right to opt out to the extent required by law.

Important Definitions

Where used in this Agreement, the following terms shall have the meanings assigned to them in their accompanying definitions:
  • Account” means the Ness Card account opened by you under this Agreement.
  • Application” means any electronic application or offer acceptance that you signed or otherwise submitted in connection with opening an Account.
  • Business Day” means any day Monday through Friday on which a financial institution may be open, excluding all United States national holidays.
  • Billing Period” means the period of time reflected on your Account Statement. This period may vary in length but is approximately 30 days. We will often specify a Billing Period by the month in which its closing date occurs. For example, the “March Billing Period” will have a closing date in March. We may also refer to a Billing Period as a “Billing Cycle”.
  • Card Networks” means the organizations, such as Mastercard or VISA, that facilitate the payment process between cardmembers, financial institutions, and merchants.
  • Claim” means any claim, dispute, or controversy, whether based upon contract, tort , constitution, statute, common law or equity, and whether pre-existing, present or future, including initial claims, counter-claims, cross-claims, and third-party claims, arising from or relating to: (i) this Agreement, your Account or your relationship with us;  (ii) any servicing of your Account by our agents or service providers;  (iii) advertisements, promotions or statements related to this Agreement or your Account, including the Ness Well Rewards Program;  (iv) your application for credit;  (v) credit bureau reporting or debt collection on or related to your Account; and  (vi) your access to and use of your Account or use of any products or services provided by the Bank, Ness Well, or any of their affiliates.
  • Late Payment” means a failure to pay the Amount Due by the Payment Due Date.
  • Late Payment Fee” means the fee initially disclosed in the Truth In Lending Act Disclosure or in any subsequent notice to you, which may be charged if you fail to pay the Amount Due by the Payment Due Date.
  • Ness Well Rewards Program” means any program offered from time to time through which Ness Well Cardmembers may earn and redeem rewards points based on spending and other Account activity. Information about any currently offered Ness Well Rewards Program can be found on our Legal page (http://www.nesswell.com/legal).
  • Ness Well Reward Points” means points earned under the Ness Well Rewards Program.
  • Returned Payment” means a payment that is not honored or is returned by your financial institution.
  • Returned Payment Fee” means the fee initially disclosed in the Truth in Lending Act Disclosure or in any subsequent notice to you, which may be charged if any payment is dishonored or returned.
  • Ness Card” means any physical or digital card, or other means of access to your Account.
  • You,” “your,” and “yours” mean an individual for whom an Account has been approved by us.

Your Account

This section explains the basic requirements of your Account, including information about:
  • permissible and impermissible transactions;
  • when transactions may be declined;
  • your credit limit;
  • billing and balances;
  • fees;
  • your obligation to pay us the amounts billed to your Account; and
  • your right to close your Account.

Using Your Account

Use of your Account is subject to the terms of this Agreement. You are fully responsible for complying with all terms of this Agreement, including the obligation to pay us for all balances due on your Account. Your Ness Card can be used to buy or lease goods or services wherever the card is honored. Your card must only be used for lawful transactions and may notbe used for business or commercial purposes, including to purchase goods or services for resale.

Declined Transactions

We may decline transactions for any reason, including suspected or actual fraud, violation of applicable law, your default under this Agreement, or if approval would cause you to exceed your credit limit. If we decline a transaction, we may advise the person who attempted the transaction that it was declined. We are not responsible if anyone refuses to accept your Ness Card. We are not liable if a merchant does not honor your Ness Card or if your Ness Card malfunctions.

Your Credit Limit

Your Account has a credit limit, which is the maximum amount of credit we approve and authorize you to use under your Account from time to time.  Your initial Credit limit is provided to you in the Ness Well mobile app.  Subsequently, your credit limit can be found both in the Ness Well mobile app and on your statements. The full amount of the credit limit is available to use where the card is honored. You agree not to use your Account in any way that would cause you to go over your credit limit.  We may refuse to authorize or accept any transaction on your Account that would cause you to exceed your credit limit. Your Account represents a continuing offer to extend further credit to you which may be withdrawn at any time. We reserve the right to change (to set, increase, decrease or remove) the credit limit for your Account from time to time in accordance with this Agreement and applicable law. Certain changes in your credit limit may occur without prior written notice to you and may be based upon factors including, but not limited to, anti-fraud policies and procedures, your record of making timely payments and staying within your established credit limit, your credit score and information contained in your credit report and your proper maintenance of any checking account used to make automatic payments, if applicable. You should always keep your total balance below the credit limit; however, if the Amount Due goes over your credit limit (it can happen), you must still pay us.

Billing

Your billing statement shows the Amount Due, any fees imposed during the Billing Period, and the Payment Due Date.  It also shows your current credit limit; an itemized list of current charges, payments and credits; and other important information.  If we deem your account uncollectible or if we institute delinquency collection proceedings by sending it to an outside collection agency or attorney for collection, we may, in our sole discretion, stop sending you billing statements, unless otherwise prohibited by applicable law.

How We Determine Your Balance

The Amount Due on your billing statement (the amount you owe us) is based on your total outstanding balance. To determine the Amount Due, we begin with the outstanding balance on your account at the beginning of each Billing Period, called the “Previous Balance” on the billing statement.  We add any purchases and subtract any credits or payments credited as of that Billing Period.  We then add the appropriate fees and make other applicable adjustments.

How We Handle Credit Balances

You may not maintain a credit balance in excess of your credit limit.  We will return to you any credit amount over $1.00 if the amount has been on your Account for longer than six (6) months. You may request a refund of a credit balance at any time.  We may reduce the amount of any credit balance by the amount of new charges billed to your Account.

Fees

The Ness Card has an annual membership fee of $399.00.  This fee will be charged in your first Billing Period and is non-refundable. In addition to the annual membership fee, we may add the following fees:
  • Late Payment Fee: We may add a Late Payment Fee to the standard purchase balance for each billing period you fail to pay, by its Payment Due Date.  The Late Payment Fee applies to your account is the amount printed in How Fees Work in the Truth in Lending Act Disclosure.  The fee will not exceed the amount permitted by applicable law.
  • Returned Payment Fee: We may add a Returned Payment Fee up to the amount printed in How Fees Work in the Pricing Disclosures when a payment is not honored, when we must return it because it cannot be processed, or when an automatic debit is returned unpaid. In addition, your financial institution may also impose fees on you for the same Returned Payment. If we re-submit a Returned Payment to your financial institution, and your financial institution subsequently honors it, we may still assess a fee because your payment was initially returned to us unpaid. However, if the same payment is returned unpaid more than once, we will not charge more than one Returned Payment Fee. The Returned Payment Fee will not exceed the amount permitted by applicable law.
We will not add both a Late Payment Fee and a Returned Payment Fee in a single Billing Period. We will also not add more than three (3) combined Late Payment and Returned Payment Fees in six (6) consecutive Billing Periods.

Promise to Pay

You agree to be bound by the terms and conditions of this Agreement.  You promise to pay us all amounts charged to your Account under this Agreement, including all transactions, fees incurred, and if applicable, amounts due in accordance with the terms of any special financing plans.

Closing Your Account

You may close your account at any time by notifying us via email ([email protected]) or over the phone at 1 (888) 842-6061. However, you remain responsible to pay the total balance according to the terms of this Agreement. We may close your account or suspend your account privileges at any time for any reason not prohibited by applicable law without prior notice. We may also reissue a different card or account number at any time. You must return the card to us upon request.

Paying Your Balance

This section covers the specifics of Account payment, including:
  • Paying the Amount Due;
  • Acceptable payment methods;
  • Payment amounts and adjustments;
  • Canceling a scheduled payment;

Payments

You must pay the total Amount Due by the Payment Due Date listed in your account statement each month. If you do not pay the full Amount Due by the Payment Due Date, we may charge you a Late Payment Fee. You may prepay all or part of the Amount Due prior to the Payment Due Date without incurring a penalty.

How to Pay

You may pay us using ACH debit or automatic ACH deductions from your account.  You may not:
  • use a line of credit or other credit product to pay your Ness Card; or
  • attach any restrictive language to your payment.
In addition:
  • if we decide in our discretion to accept a form of payment that does not meet the above instructions, we do not waive our rights to continue to require payments that comply with these instructions; and
  • we may accept any payment you send us for less than the total Amount Due that you mark “paid in full” or with any similar language or otherwise seek to provide as full satisfaction of a disputed amount. If we do, this payment will not fully satisfy the disputed amount or otherwise affect our rights to payment in full.
We reserve the right to accept payments made in foreign currency and instruments drawn on funds on deposit outside the United States. If we do, we will select the effective currency conversion rate at our discretion and credit your account in U.S. dollars after deducting any fees or costs incurred in connection with processing your payment. If such fees or costs are not fully dedicated at the time your account is credited for a payment, we will bill you separately for them.

Electronic Payments

If you pay in accordance with the payment instructions detailed in this Agreement and in your Account Statement, we will credit your paymentasof the date it is received.

Payment Amounts and Adjustments

You can choose to make one-time or recurring payments. We may adjust the amount of your payment before processing it in the following ways:
  • To avoid creating a credit balance on your Account;
  • If you have scheduled a recurring payment for the Amount Due, your payment amount may be reduced automatically based on payments, returns, and other credits to your Account that are posted by 11:59 P.M. PT on the day prior to the date of your scheduled payment. If an earlier payment is rejected, we may automatically add that amount to your scheduled payment, but not in excess of the amount you authorized; or
  • In all instances, if your balance on the scheduled payment date is $0 or less, then we will automatically cancel your payment for that date. In the case of a recurring payment, your payment will automatically restart on the next scheduled payment date on which your balance is greater than $0.
We will not adjust your payment to an amount greater than what you authorize.

Payment Cancellations

You can cancel a futurescheduled or recurring payment through the Ness Well mobile app, or by contacting us at 1(888) 842-6061. We must receive your cancellation request no later than three (3) prior to the date of your scheduled payment. We may cancel your payment(s) if any prior payments from the associated payment source account are returned, or for any other reason we deem appropriate. We will provide you with notice of such cancellation.

Default

This section describes when we have the right to declare your Account in Default and the effect of being in Default.

When May We Declare Your Account in Default?

We have the right to declare You in Default on the Account if:
  • You do not make a required payment when it is due
  • You have exceeded one or more of your credit limits
  • A payment you make is rejected or cannot be processed
  • You provide us false, misleading, or fraudulent information
  • You fail to comply with any term of the contract
  • You are bankrupt or insolvency proceedings are filed against you
  • You die or are legally declared incompetent or incapacitated
  • We become aware that you are using your Ness Card for illegal or fraudulent purposes
If governing law requires us to, we will give you notice and/or a right to cure your default before taking any action because of your default.

The Effect of Being in Default

If you are in Default, we may, subject to applicable law, take any of the following actions:
  • Lower your credit limit;
  • Decline or otherwise limit your ability to incur further charges;
  • Decline or otherwise limit your ability to accrue additional or redeem previously accrued Ness Well Rewards Points;
  • Report information about your Account to the credit reporting bureaus;
  • Require you to immediately pay all or a portion of your total outstanding balance;
  • Begin collections activities and require your to pay for associated costs;
  • Suspend or close your Account.

Our Interaction With Credit Bureaus

This section describes when we may obtain information about you from credit bureaus and when we may furnish information about you to credit bureaus.

Obtaining Your Credit Report

We may obtain credit reports and other information about you from credit bureaus and other sources that provide consumer financial information from time to time in connection with servicing or collecting your Account, and to provide other services to you such as credit monitoring information. You consent to permitting us to use this information in connection with:
  • Renewal of your Account;
  • Credit line increases or decreases;
  • Administration or review of your Account, collection and any other servicing;
  • All other credit-related purposes connected with this Agreement;
  • Offers for other cards, loans, financial services, insurance products and other services; and
  • Other uses permitted by law.
We may verify your age, social security number, residence and other identifying information as permitted by applicable law.

Reporting Information to Credit Bureaus

You agree that we may report information about your Account to the credit bureaus. The information we provide may appear on your credit report. This can include information about:
  • Late Payments;
  • Overlimit Amounts;
  • Returned Payments; and
  • Other violations of this Agreement.
If you believe that we have reported incorrect information about your Account to a credit bureau, you should contact us by phone at 1-888-842-6061, or you can write to us at Ness Card, Attn: Credit Dispute, 228 Park Ave S. #70527, New York, NY 10003. Please include your name, the mailing address associated with your Account, the email address associated with your Account, your telephone number and a description of the information you believe is incorrect and why. We’ll research it. If available, please include a copy of the credit bureau report in question. We’ll let you know if we agree or disagree with you. If we agree with you, we’ll contact each credit bureau we reported to and request a correction.

Protecting Your Account

This section describes your obligations to:
  • keep your Account information updated,
  • protect your Account information and credentials,
  • report unauthorized activity; and
  • report lost or stolen physical cards and/or Account numbers.

Changes to Account Information

You must keep your Account information up to date in the Ness Well mobile app.  If you do not, or if we ask you to verify your Account information and you cannot, we may suspend or close your Account. We may rely on your email address or mailing address and contact telephone numbers as they appear on our records. We may use any email address that you provided for any and all Account communications we send to you, unless you notify us of any changes. We may also, in our sole discretion, update your mailing address if we receive a notification of change from the U.S. Postal Service.

Protecting Your Account Information and Credentials

You are solely responsible for maintaining the security of your Ness Card, your passcodes, and any other authentication credentials used in connection with your Account (collectively, your “Credentials”). If you permit anyone else to use your Account (e.g., by providing your Ness Card or otherwise providing any of your Credentials to a third party), you will be liable for the amounts due for all transactions made on your Account by that person.

Your Liability for Unauthorized Transactions

Contact us IMMEDIATELY if you believe your Ness Card has been lost or stolen, your Credentials have been compromised, or your Account has been accessed without your permission.  Provided you promptly notify us, you will not be liable for any unauthorized transactions made on your Account.

Lost or Stolen Ness Well Credit Cards, Account Numbers

You must try to prevent the unauthorized use of your Account, the Ness Card, and Account number. You must call us if any Ness Card is lost or stolen. You must also call us if you think someone has used or may use these without permission.

Consents

Contacting You

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, Ness Well or our or their agents, representatives, or affiliates, or anyone calling on our or their behalf, you expressly consent to be contacted by us and Ness Well, our and their agents, representatives, affiliates, or anyone calling on our or their behalf for any and all purposes arising out of or relating to your Account, at any telephone number, or physical or email or electronic address you provide, or at which you may be reached. Telephone numbers you provide include those you give to us, those from which you or others contact us with regard to your Account, or which we obtain through other means. You agree we may contact you in any way, including SMS messages (including text messages) calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto-dialer) or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, they may also leave a message on your home answering machine, voice mail. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. We, Ness Well, our and their agents, representatives, and affiliates, and anyone else calling on our behalf may use such means of communication described in this section even if you will incur costs to receive such phone messages, text messages, or other communications.

Consent to Receive Electronic Disclosures

When you applied for your Account or accepted an offer and verified your eligibility for an Account, you agreed to receive electronic notices and disclosures in connection with your Account. To the extent not prohibited by law, we may send notices concerning the availability of Account Statements and other notices and disclosures to you at the electronic mail address that you provided in your Application, any updated electronic mail address that you provide to us in writing, or through your online Account or the Ness Well mobile app or other electronic means we designate or otherwise, as mutually agreed. If you subsequently choose to receive notices and disclosures by postal mail rather than electronically, then you agree to provide us with an updated postal address in a timely manner to allow us to comply with any applicable requirements of law. Any written or electronic notice or communication we send to you will be effective when made available to you online or through the Ness Well mobile app, when sent to the email address associated with your Account, or, if you have withdrawn your consent to receive electronic communications, when mailed to the address associated with your Account. We consider an electronic notice sent as soon as we email it, unless we receive notification that the email was undeliverable, and we consider a notice sent as soon as we mail it.

Information Sharing

You agree to let the Bank and Ness Well share information about you and your Account as allowed by law. This includes information we get from you and others. Our respective privacy notices, which are delivered to you upon Account opening and are available on the Ness Well website at www.nesswell.com describe the circumstances under which the Bank or Ness Well can share your personal information.

Other

Governing Law

This Agreement and any Claims as defined above are governed by and construed in accordance with applicable federal law and, to the extent not preempted by federal law, the laws of the State of Missouri (without regard to internal principles of conflict of laws), except that the Arbitration Provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The legality, enforceability, and interpretation of this Agreement and the amounts contracted for, charged, and reserved under this Agreement will be governed by such laws. We extend credit pursuant to Section 408.145 of the Missouri Revised Statutes. You agree that this extension of credit is made, executed and delivered in Missouri and that we make all credit decisions, open all accounts and issue all proceeds from, impose all fees and charges in, and receive all payments in our offices in Missouri.

Enforcing this Agreement

We can delay in enforcing or fail to enforce any of our rights under this Agreement without waiving or otherwise losing them.

Assignment

We may sell, assign, or transfer all or any portion of your Account or the receivables generated in your Account to a third party without notice to, or consent from, you. We may also assign any or all of our rights and obligations under this Agreement to a third party without notice to, or consent from you. You may not sell, assign or transfer any of your rights or obligations under this Agreement. Any attempted sale, transfer, or assignment by you will be null and void.

Severability

This Agreement is the complete and final expression of the agreement between us and you with respect to your Account. This Agreement may not be contradicted by any alleged oral agreement. Subject to the special rule in the Arbitration Provision, if any provision of this Agreement is found to be invalid or otherwise unenforceable, or declared invalid or otherwise unenforceable by order of a court, change in applicable law, or regulatory authority, that provision will continue to be enforceable to the extent permitted by law, and the remainder of that provision will no longer be considered part of this Agreement. All other provisions of this Agreement will remain in full force and effect.

Service Providers

We may use Ness Well Financial LLC or other entity service providers in connection with servicing your Account. In doing so, we may permit one or more of our service providers to exercise any of our rights, rely on any consents or permissions that you have granted to us, and enforce any of your obligations on our behalf.

Intellectual Property Rights

All intellectual property rights, including all patents, trade secrets, copyrights, trademarks, and moral rights, in the Ness Card are owned by Ness Well. All text, graphics, software, photographs and other images, videos, sound, trademarks, and logos are owned by Ness Well. Nothing in this Agreement gives you any rights in respect of any intellectual property owned by Ness Well, its licensors, or third parties, and you acknowledge that you do not acquire any ownership rights by using your Account. (So don’t slap our logo on a t-shirt! Although we agree that it’s iconic enough to do that.)

Force Majeure

From time to time, our services might be unavailable due to circumstances beyond our control (such as fires, floods, natural disasters, system failures or other unpredictable events). When this happens, you might not be able to use your Ness Card or obtain information about your Account. We’re not responsible or liable if this happens.

Acknowledgment of Agreement Receipt

YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED (ELECTRONICALLY OR OTHERWISE) AN EXACT, COMPLETELY FILLED-IN, LEGIBLE COPY OF THIS AGREEMENT, HAVE READ IT AND AGREE TO ITS TERMS. NOTICE TO THE ACCOUNT HOLDER:
  1. DO NOT SIGN THIS AGREEMENT BEFORE YOU READ IT OR IF IT CONTAINS ANY BLANK SPACES;
  2. YOU ARE ENTITLED TO AN EXACT, COMPLETELY FILLED IN COPY OF THE AGREEMENT YOU SIGN; AND
  3. YOU HAVE THE RIGHT TO PAY, IN ADVANCE, THE FULL AMOUNT DUE.

Cardmember Applicant Information

Your name and address, our name and address, and the date on any Application or any other document or record you sign in connection with your Account are incorporated herein and made a part of this Agreement and represent your name and address, our name and address, and the date on this Agreement. An electronic record of your request for or acceptance of an Account or the consummation of a sales transaction under this Agreement can represent your signature on this Agreement. CREDITOR/s/  THE BANK OF MISSOURI, Perryville, MO Rev. Date:  January 17, 2023

Exhibit A

Arbitration

PLEASE READ THIS SECTION PROVISION OF THE AGREEMENT CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU HAVE THE RIGHT TO REJECT THIS PROVISION, BUT IF YOU WISH TO REJECT IT, YOU MUST DO SO WITHIN 60 DAYS (SEE REJECTING ARBITRATION BELOW). AGREEMENT TO ARBITRATE Either you or we may, without the other’s consent, elect mandatory, binding arbitration of any Claims. Claims Covered
  • What Claims are subject to arbitration? All Claims relating to your account, a prior related account, or our relationship are subject to arbitration, including Claims regarding the application, enforceability, or interpretation of this Agreement and this Arbitration Provision. All Claims are subject to arbitration, no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. A party who initiates a proceeding in court may elect arbitration with respect to any Claim advanced in that proceeding by any other party. Claims and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non- class, non-representative) basis, and the arbitrator may award relief only on an individual (non-class, non- representative) basis.
  • Whose Claims are subject to arbitration? Not only ours and yours, but also Claims made by or against anyone connected with us or you or claiming through us or you, such as a co-applicant or authorized user of your account, an employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy.
  • What time frame applies to Claims subject to arbitration? Claims arising in the past, present, or future, including Claims arising before the opening of your account, are subject to arbitration.
  • Broadest interpretation. Any questions about whether Claims are subject to arbitration shall be resolved by interpreting this Arbitration Provision in the broadest way the law will allow it to be enforced. This Arbitration Provision is governed by the Federal Arbitration Act (the “FAA”).
  • What about Claims filed in Small Claims Court? Claims filed in a small claims court are not subject to arbitration, so long as the matter remains in such court and advances only an individual (non-class, non- representative) Claim.
  • What happens if part of this Arbitration Provision cannot be enforced? If any portion of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply, except that:
    • If a court rules that a neutral arbitrator can decide a Claim on a class or other representative basis and the court’s ruling is not reversed on appeal, only this sentence will apply, and the remainder of this Arbitration Provision will be void.
    • If a Claimant brings a Claim seeking public injunctive relief and a court determines that the restrictions in this Arbitration Provision prohibiting the neutral arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated. In such a case the parties agree to request that the court stay the Claim for public injunctive relief until the arbitration award pertaining to individual relief has been entered in court.
    • In no event willa Claim for class relief or public injunctive relief be arbitrated.
How Arbitration Works
  • How does a party initiate arbitration? The party filing an arbitration must choose one of the following two arbitration firms and follow its rules and procedures for initiating and pursuing an arbitration: American Arbitration Association or JAMS. Any arbitration hearing that you attend will be held at a place chosen by the arbitration firm in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and we agree in writing. You may obtain copies of the current rules of each of the arbitration firms and forms and instructions for initiating an arbitration by contacting them as follows:
    • American Arbitration Association
      • 800-778-7879 (toll free)
      • Website: adr.org
    • JAMS
      • 800-352-5267 (toll free)
      • Website: jamsadr.com
At any time you or we may ask an appropriate court to compel arbitration of Claims, or to stay the litigation of Claims pending arbitration, even if such Claims are part of a lawsuit, unless a trial has begun or a final judgment has been entered. Even if a party fails to exercise these rights at any particular time, or in connection with any particular Claims, that party can still require arbitration at a later time or in connection with any other Claims.
  • What procedures and law are applicable in arbitration? A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten years experience or a retired or former judge, selected in accordance with the rules of the arbitration firm. The arbitration will follow procedures and rules of the arbitration firm in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with this Arbitration Provision, in which case this Arbitration Provision will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect customer account information and other confidential information if requested to do so by you or us. The arbitrator will apply applicable substantive law consistent with the FAA and applicable statutes of limitations, will honor claims of privilege recognized at law, and will have the power to award to a party any damages or other relief provided for under applicable law. You or we may choose to have a hearing and be represented by counsel. The arbitrator will make any award in writing and, if requested by you or us, will provide a brief statement of the reasons for the award. An award in arbitration shall determine the rights and obligations between the named parties only, and only in respect of the Claims in arbitration, and shall not have any bearing on the rights and obligations of any other person, or on the resolution of any other dispute.
  • Who pays? Whoever files the arbitration pays the initial filing fee. If we file, we pay; if you file, you pay, unless you get a fee waiver under the applicable rules of the arbitration firm. If you have paid the initial filing fee and you prevail, we will reimburse you for that fee. If there is a hearing, we will pay any fees of the arbitrator and arbitration firm for the first day of that hearing. All other fees will be allocated as provided by the rules of the arbitration firm and applicable law. However, we will advance or reimburse your fees if the arbitration firm or arbitrator determines there is good reason for requiring us to do so, or if you ask us and we determine there is good reason for doing so. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
  • Who can be a party? Claims must be brought in the name of an individual person or entity and must proceed on an individual (non-class, non-representative) basis. The arbitrator will not award relief for or against anyone who is not a party. If you or we require arbitration of a Claim, neither you, we, nor any other person may pursue the Claim in arbitration as a class action, private attorney general action or other representative action, nor may such Claim be pursued on your or our behalf in any litigation in any court. Claims, including assigned Claims, of two or more persons may not be joined or consolidated in the same arbitration. However, applicants, co-applicants, authorized users on a single account and/or related accounts, or corporate affiliates are here considered as one person.
  • When is an arbitration award final? The arbitrator’s award is final and binding on the parties unless a party appeals it in writing to the arbitration firm within fifteen days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the same arbitration firm. The panel will consider all factual and legal issues anew, follow the same rules that apply to a proceeding using a single arbitrator, and make decisions based on the vote of the majority. Costs will be allocated in the same way they are allocated for arbitration before a single arbitrator. An award by a panel is final and binding on the parties after fifteen days has passed. A final and binding award is subject to judicial review and enforcement as provided by the FAA or other applicable law.
Rejecting Arbitration
  • You have the right to reject this Arbitration Provisionto arbitrate if you notify us within 60 days of account opening. You must do so in writing by stating that you reject this agreement to arbitrate and include your name, account number, address and personal signature. Your notice must be mailed to us at Ness Well Financial, LLC, Attn: Cardmember Services, 228 Park Ave S. #70527, New York, NY 10003. Rejection notices sent to any other address, or sent by electronic mail or communicated orally, will not be accepted or effective.

Exhibit B

State Disclosures

  • MD Residents. You have the right under Section 12-510 of the Commercial Law Code to receive an answer to your written inquiry regarding the status of your account.
  • MO Residents. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it.
  • NH Residents. This Agreement provides for reasonable attorneys’ fees to be awarded to us in an action against you involving this Agreement. Reasonable attorney’s fees will be awarded to you if you prevail in any action, suit or proceeding brought by us, or an action brought by you.  If you successfully assert a partial defense or set-off, recoupment or counterclaim to an action brought by us, the court may withhold from us the entire amount or such portion of the attorney fees as the court considers equitable.
  • NJ Residents. Because certain provisions of this agreement are subject to applicable law, they may be void, unenforceable or inapplicable in some jurisdictions.  None of these provisions, however, is void, unenforceable or inapplicable in New Jersey.
  • SD Residents. If you believe there are any improprieties in the servicing of this loan, contact the South Dakota Division of Banking: 1714 Lincoln Ave, Suite 2, Pierre, SD 57501, (605) 773-3421.
  • Married WI Residents. If you are married, by submitting your credit card application you are confirming that this credit card obligation is being incurred in the interest of your marriage and your family. No provision of any marital property agreement (premarital agreement), unilateral statement under section 766.59 of the Wisconsin Statutes, or a court decree under section 786.70 adversely affects the interest of the creditor unless the creditor, prior to the time the credit is granted, is furnished a copy of the agreement, statement or decree or has actual knowledge of the adverse provision when the obligation to the creditor is incurred. If you are approved for the Ness Card, you agree to promptly notify Ness Well Financial at [email protected]if you have a spouse who needs to receive notification from us that credit has been extended to you.

Exhibit C

Your Billing Rights:  Keep This Document for Future Use

This notice tells you about your rights and our responsibilities under the Fair Credit Billing Act.

What to Do if You Find a Mistake on Your Statement

If you think there is an error on your Account Statement, write us Ness Well Financial, LLC Attn:  Cardmember Services, 228 Park Ave S #70527, New York, NY 10003 ATTN: Billing Rights Notice or contact us through the Ness Well Mobile App. In your letter, give us the following information:
  • Account Information: Your name and account number;
  • Dollar Amount: The dollar amount of the suspected error; and
  • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake.
You must contact us:
  • Within 60 days after the error appeared on your Account Statement; and
  • At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong.
You must notify us of any potential errors in writing or electronically. You may call us, but if you do, we are not required to investigate any potential errors and you may have to pay the amount in question.

What Will Happen After We Receive Your Letter

When we receive your letter, we must do two things:
  1. Within 30 days of receiving your letter, we must tell you that we received your letter. We will also tell you if we have already corrected the error; and
  2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
  • We cannot try to collect the amount in question or report you as delinquent on that amount;
  • The charge in question may remain on your summary, and we may continue to charge you interest on that amount;
  • While you do not have to pay the amount in question, you are responsible for the remainder of your Balance; and
  • We can apply any unpaid amount against your Credit Limit.
After we finish our investigation, one of two things will happen:
  • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount.
  • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within ten(10) days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct.

Your Rights if You are Dissatisfied with Your Credit Card Purchases

If you are dissatisfied with the goods or services that you have purchased with your Ness Card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true:
  1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement, we mailed to you, or if we own the company that sold you the goods or services.);
  2. You must have used your Ness Card for the purchase.
  3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied with the purchase, contact us by phone at 1 (888) 842-6061, or by mail at Ness Well Financial, LLC Attn: Cardmember Services, 228 Park Ave S. #70527, New York, NY 10003. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay, we may report you as delinquent.

Ness Rewards Program Agreement

Last Updated January 1, 2023

Welcome to the Ness Well, Inc. (along with our service providers, “Ness”, “we”, “us”, “our”, or “Company”) rewards program (the “Rewards Program”)!  We’re excited to make health and wellness more affordable.

The Rewards Program is administered through our mobile application (the “App”) and enables Ness credit card (“Nes Card”) customers to earn points from healthy actions that can be redeemed through the App for further health and wellness products and services.  The Ness Card is issued by The Bank of Missouri, member FDIC (the “Issuing Bank”).  Ness Well Financial, LLC, is a service provider to us and is the servicer of your Ness Card and of this Rewards Program.

In these Rewards Program terms and conditions (the “Rewards Program Terms”), the words “User”, “you”, “your” and “yours” mean each and all of those who apply for, activate, or use a Ness Card or participate in the Rewards Program.

By accessing the App and using a Ness Card, you are accepting and agreeing to these Rewards Program Terms. You are also agreeing to the Ness Terms of Service, and our Privacy Policy, each of which is incorporated herein by reference (collectively, the “Incorporated Terms”).  

Arbitration. Any controversy, dispute or claim arising out of or related to these Rewards Program Terms will be subject to the dispute resolution provisions contained in the Arbitration Provision section of the Ness Card Cardmember Agreement (defined below), which is incorporated herein by reference.

Capitalized terms that are not defined in these Rewards Program Terms have the meaning given to them in the Incorporated Terms.

1. Changes to the Rewards Program Terms

We may, from time to time and in our sole discretion, amend, delete or add to these Rewards Program Terms and may change or limit any aspect of the Rewards Program and its restrictions, benefits, or features, in whole or in part.  Changes may include, but are not limited to, how you can earn points, changing how we calculate the accrual and/or redemption of points, or changing the available rewards for which your points may be redeemed.

We will post any such changes to these Rewards Program terms on this page: www.nesswell.com/legal. It is your responsibility to review these Rewards Program Terms (including the Incorporated Terms) for any such changes.  We reserve the right to notify you of such changes via our website, or otherwise, but other than as required by applicable law, we have no obligation to notify you of every update.

If the Rewards Program is terminated, upon termination, all unredeemed points will be forfeited without any obligation or liability, and points claims will no longer be honored.

The Ness Rewards Program may be terminated at any time for any reason without advance notice and will terminate automatically without notice in the event that Ness permanently ceases to operate.

2. Definitions

Cardmember Agreement means the agreement between you and the Issuing Bank, which sets the terms governing your Card Account, as modified, amended, or changed by the Issuing Bank from time to time. The Cardmember Agreement was emailed to you when you opened a Card Account.

Good Standing means, with respect to your Card Account: not delinquent, and/or your Ness Card account privileges have not been suspended, revoked, closed, canceled, or terminated for any reason, in each case as explained in the Cardmember Agreement.

3. Your Ness Rewards Account and Technology Requirements

Eligibility and Enrollment

In order to participate in the Ness Rewards Program, you must be a cardholder of the Ness Card. Your Cardmember Agreement is a separate and independent agreement that governs the terms and conditions and use of your Card, and these Rewards Program Terms do not modify or supersede any terms of the Cardmember Agreement. In the event of a conflict between the Cardmember Agreement and these Rewards Program Terms, the Cardmember Agreement will govern, except the Rewards Program Terms will govern in any matter solely relating to the Rewards Program.  When you are approved for your Card, your account (your “Card Account”) is automatically enrolled in the Rewards Program and will remain enrolled unless you fail to keep your Card Account active or we otherwise suspend, terminate, or disqualify your ability to earn or redeem points or participate in the Rewards Program in accordance with these Rewards Program Terms.

If at any time your Card Account is not in Good Standing, we may suspend your ability to make transactions using your Card and, as a result, you will not be eligible to accrue or redeem points.

Our failure or delay in enforcing any of your obligations or exercising a right or remedy does not amount to a waiver of that obligation, right or remedy. Additionally, if we waive a particular obligation in one circumstance, it does not prevent us from subsequently requiring compliance with the obligation on other occasions.

Technology Requirements

In order to become a User and maintain a Rewards App account, you must have: (i) an iPhone or iPad that has internet access and is capable of running iOS applications (“Eligible Device”) and (ii) iOS version 14, or subsequent version of such software, installed on your Eligible Device.

Health Information from Third-Party Sites

You may grant permission to Ness to retrieve your health-related information maintained by Apple Health (e.g., Exercise Minutes, Sleep Hours, Mindful Minutes, and Steps) (“Health Information”).  Ness does not review the Health Information for accuracy, completeness, or non-infringement.  Ness is not responsible for the handling of Health Information before it is transmitted to Ness, including without limitation, if and how you consent to the collection of such Health Information through third parties.  Ness is not responsible for the Health Information or products and services through which the Health Information is collected.

Ness cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data, personalization settings, device operating environment malfunctions, or other service interruptions.  Ness cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.  Ness relies on information received from third-parties to administer the Rewards Program.  There may be a delay from when Health Information is made available to you and when it is transmitted to us.

We may not be able to award you points if we are unable to obtain your Health Information from Apple HealthKit.

In the event that Ness receives inaccurate, including incomplete, Health Information, Ness is under no obligation to (i) take steps to correct any inaccuracies, or (ii) act on additional or otherwise corrected information you provide outside of the Health Information.

4. Earning Points

Healthy Actions

We’re here to inspire you to take more Healthy Actions (as defined in the chart below), and so that is how you can earn points. “Healthy Actions” include:

  • Certain physical activity recorded via Apple Health; and
  • Purchases conducted on your Ness Card.

Check the chart below to learn how you can earn points from your Healthy Actions.

 Physical Activity

Purchases on the Ness Card

 

Earning Points

You may earn points (subject to the limitations described below) based on your number of Exercise Minutes, Mindful Minutes, Sleep Hours, and Steps, each as recorded via Apple Health.

Points earned for Physical Activity are awarded after completion of the Physical Activity.

You may earn points on all (that’s right, all!) purchases made and settled using your Ness Card.

Purchases at merchants that fall within our health and wellness framework (“Qualifying Health & Wellness Merchants”) will earn you more points than purchases at all other merchants. See the section on Qualifying Health & Wellness Merchants below and Wellness at Ness for more information about Ness’s health and wellness framework. See the section on How Your Points Are Calculated for more information on point accrual rates at various merchants.

Ness Rewards will not be awarded on Purchases that are determined to be fraud.

Note:  Points will be issued based only on bona-fide, completed transactions that have cleared and settled. It typically takes one (1) to five (5) days for transactions to clear and settle, but may take up to fourteen (14) days.
How Your Points Are Calculated

You may earn a maximum of 56 points for physical activity-based Healthy Actions per day.  Such points may be earned as follows:

●      14 points for 30 or more active minutes per day

●      14 points for 10 or more mindful minutes per day

●      14 points for 7 or more sleep hours per day

●      14 points for 6,000 or more steps per day

For every dollar spent on your Ness Card at Qualifying Health & Wellness Merchants, you will earn six (6) points. For every dollar spent on your Ness Card at any other merchant, you will earn two (2) points.

Rounding of Points: Ness does not award fractional points. Points are awarded based on the total transaction amount multiplied by the relevant multiplier (see above) and rounded to the nearest point.  For example:

●         A Ness Card transaction of $25.10 at Qualifying Health & Wellness Merchant will earn you 151 points because $25.10 X 6 = 150.6, which rounds up to 151 points.

●         A Ness Card transaction of $25.10 at a merchant that is not a Qualifying Health & Wellness Merchant will earn you 50 points because $25.10 X 2 = 50.2, which rounds down to 50 points.

Returns, Chargebacks, Cancellations, Disputes and other Refunds on Purchases: Without limiting any of the other provisions of these Rewards Program Terms, if you return, chargeback, cancel, successfully dispute, or otherwise request or receive a refund for a purchase for which you have already received points, we will reduce the balance of points in your Ness Rewards Account by the amount of points you received for such purchase. If the balance of points in your Ness Rewards Account is less than the number of points you received for such purchase, we will offset the applicable number of points from the points you would otherwise receive for future purchases.

For example, if you earned 25 points on a purchase and later returned the purchase after receiving the points and you had 100 points existing in your Ness Rewards Account after receiving points from the then returned purchase, we will reduce the number of points in your Ness Rewards Account to 75 points to reflect the loss of points based on the return.

If you had 20 points in your Ness Rewards Account at the time of the return, then we will reduce the number of points in your Ness Rewards Account to -5 points which will be offset by points earned from future purchases.

Qualifying Health & Wellness Merchants

As stated above, Ness considers a merchant to be a Qualifying Health & Wellness Merchant if it falls within our health & wellness framework. You can learn more about our health & wellness framework and the criteria used to evaluate merchants here and here. If you would like to know whether a merchant is a Qualifying Health & Wellness Merchant prior to making a purchase, please reach out to [email protected] with the subject line “Healthy Merchant Review Request” and information about the merchant, including the merchant name and website. If you have made a purchase at a merchant that you believe meets our health & wellness framework, but did not receive points, tap on the particular purchase in the “Activity” tab and select “Request points for this purchase.”  This will initiate a review of the merchant by Ness.  If we agree that the merchant meets our health & wellness framework, we will award you the appropriate number of points based on the transaction amount. Whether you are requesting a merchant review before or after a purchase, you will receive an email confirming the conclusion and outcome of our review within approximately 3 business days of your request.

Ness Offers

You may also have the opportunity to earn points as described in a particular offer made by Ness (“Ness Offer”). Ness Offers may be subject to additional terms, conditions, and/or restrictions. Such terms, conditions, and/or restrictions may be updated, modified, suspended, or canceled at any time without notice to you. If there is a conflict between these Reward Program Terms and the terms and conditions of any Ness Offer, unless explicitly provided otherwise in these Reward Program Terms, the Ness Offer terms and conditions will control. Ness Offers are not transferable and may not be made available to all Users.  The applicable point accrual scheme will be disclosed in any such Ness Offer.

Checking your Points Balance

You can check your points balance by logging into your Ness Rewards Account on the App and checking the ”Activity” tab. It is your responsibility to check your Ness Rewards Account regularly to ensure that points have been properly credited and your account balance is accurate. Ness will attempt to credit accounts with points on a timely basis. Points will accrue as described in these Rewards Program Terms or in an applicable Ness Offer and may take several days to be uploaded to your account upon such accrual.

Errors Related to Point Earnings

Across all modes of earning, if Ness erroneously rewards you with a number of points greater than you were entitled to, you agree that Ness can, at its sole discretion, recover from your Ness Rewards Account the excess number of points or from future points.

If you believe that you are eligible for points that you have not received, or that you received points that were calculated incorrectly, or that any other error in connection with your points balance has been made, you must report the possible error to Ness promptly, but no later than: (a) 60 days after the close of the relevant billing period if related to spend on the Ness Card, or (b) 60 days after the date on which you claim the points should have accrued for physical activity. After the applicable 60-day period, your points balance as shown in your Ness Rewards Account will be deemed accurate.

Ness may require you to submit documentation to resolve any errors related to point earnings.  This documentation may include copies of receipts or invoices.  In the event there is a discrepancy between your records and ours, Ness records will control.  Ness will not have any liability for any failure, delay, or error in crediting points to your account.

5. Redeeming Points

Points are valid and redeemable via the App. Points have no cash, monetary, or other value and cannot be converted into any currency. Points may be redeemed for various rewards that we make available and that may change from time to time.

The number of points recorded in your account and the number of points required to obtain any particular reward are subject to verification by us. Once a reward has been requested or redeemed by a User, no changes, refunds, or return of points are permitted for any reason.  Ness is not responsible for lost or stolen points or rewards.  All rewards are offered subject to availability and restrictions imposed by the reward suppliers.  We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any reward or rewards processing or shipment, or for your rewards not turning out as you expected for whatever reason. If any points or rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the registered User of the applicable Ness Rewards Account, those points or rewards will be void and will not be honored. If you redeem points for a service that is no longer available, we may offer a substitute reward of a similar value.

6. Expiration, Inactivity, Suspension & Cancellation

You will continue to earn points as long as your Card Account is open, in Good Standing and used to make purchases. If you are three (3) days past due on your Ness Card, you will lose the ability to (a) conduct additional transactions (and thus earn additional points on your Ness Card) and (b) redeem points you’ve already earned on your Ness Rewards Program Account.  If you are ineligible to earn points on your Ness Card, you may still earn points for Physical Activity, but you will not be able to redeem any points until your Ness Card is in Good Standing or your Card Account is closed. If you fail to pay the Amount Due for 60 days, you will immediately lose access to all your points. See your Cardmember Agreement (emailed to you when you opened your Card Account) for additional details on your payment obligations. So long as your Card Account is open, your points will not expire (though your ability to redeem those points may be restricted as described in this paragraph).

You may cancel your account and participation in the Rewards Program by contacting Ness at [email protected] or 1-888-842-6061 with your request. All unredeemed points will be forfeited immediately upon cancellation and may not be reinstated or transferred.

Ness may cancel your accumulated points, suspend your benefits, or terminate your account at any time with immediate effect and without written notice, for any reason and in Ness’s sole discretion, including in instances where Ness believes that you have (i) acted in a manner inconsistent with applicable laws or regulations, (ii) acted in an inappropriate, fraudulent, abusive, or hostile manner, (iii) breached or violated any of these Rewards Program Terms or the Incorporated Terms, or (iv) engaged in any misconduct or wrongdoing in connection with the App. Nothing contained in these Rewards Program Terms will limit Ness in the exercise of any legal or equitable rights or remedies.

If your account is terminated or disabled for any reason, including but not limited to fraudulent activity, then your existing points will be forfeited and any further transactions that might otherwise earn you points will not be deemed to be applicable.

Points and other related benefits and services are the sole property of Ness and are not the property of the users.  Points have no cash value, and Ness will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused points.

Whether you may re-enroll in the App after a termination is at Ness’s sole discretion.  In any event, previously earned points that were forfeited will not be credited to you.

7. Fees and Taxes

Fees associated with the Ness Card are detailed in your Cardmember Agreement.

You may be taxed on your receipt or redemption of points, other consideration (merchandise, travel, prizes from a contest, etc.) depending on applicable tax laws.  You acknowledge and agree that you are solely responsible for any and all tax liability arising out of your use of App and any consideration you receive as a result thereof.  You are also responsible for making all applicable disclosures to third parties.

Any unspecified expenses related to your use of the App, including without limitation the Rewards Program, are solely the User’s responsibility.  Ness will not be liable for any tax liability, duty, or other charges in connection with the issuance of points or any other App or Rewards Program benefits.

8. Limitation of Liability

IN NO EVENT SHALL NESS, NOR OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, NOR ANY OF OUR OR THEIR SUPPLIERS (INCLUDING DATA AGGREGATORS, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS), NOR THE ISSUING BANK BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE REWARDS PROGRAM OR THE REWARDS (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), OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).

9. Disclaimer of Warranties

THE REWARDS PROGRAM, REWARDS, AND ALL CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE REWARDS PROGRAM, REWARDS AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, 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. NESS AND ITS AFFILIATES, LICENSORS AND OUR AND THEIR SUPPLIERS (INCLUDING DATA AGGREGATORS, PAYMENT CARD NETWORKS, AND PAYMENT PROCESSORS) DO NOT WARRANT THAT: (1) THE CONTENT IS TIMELY, ACCURATE, COMPLETE, RELIABLE, OR CORRECT; (2) THE REWARDS PROGRAM 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 OR PARTICIPATING IN THE REWARDS PROGRAM WILL MEET YOUR REQUIREMENTS. YOUR USE OR PARTICIPATION OF THE REWARDS PROGRAM IS SOLELY AT YOUR OWN RISK.

10. Indemnification

You shall defend, indemnify, and hold harmless us and our affiliates, third-party service providers, directors, officers, employees, contractors, and suppliers from and against any loss, damage, liability, claim, cost, or expense of any kind, including reasonable attorneys’ fees, that arise from your use of the Rewards Program, any fraud or misuse of the Rewards Program, violation of these Rewards Program Terms, infringement of any intellectual property, and/or violation of any applicable law or the rights of any third party. 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.

If you are a California resident, you waive California Civil Code Section 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

11. Waiver and Severability

No waiver by Ness of any term or condition set out in these Rewards Program 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 of Ness to assert a right or provision under these Rewards Program Terms shall not constitute a waiver of such right or provision.

If any provision of these Rewards Program Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Rewards Program Terms continue in full force and effect.

12. Entire Agreement

The Rewards Program Terms, as well as the Incorporated Terms, constitute the sole and entire agreement between you and Ness regarding the Rewards Program, and supersede any and all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Rewards Program.

13. Governing Law

These Rewards Program Terms, your rights and obligations, and all actions contemplated by, arising out of or related to these Rewards Program Terms shall be governed by the laws of the State of New York, as if these Rewards Program Terms is a contract wholly entered into and wholly performed within the State of New York.

14. Survival

You agree and understand that all provisions of these Rewards Program Terms, which by their nature extend beyond the termination or expiration of these Rewards Program Terms, including, but not limited to, sections pertaining to expiration, inactivity, suspension, cancellation, disputes with us, limitation of liability, disclaimer of warranties, indemnification, and governing law, shall survive the termination or expiration of these Rewards Program Terms.

15. Right to Rewards

You acknowledge and agree that Ness Well, Inc. and its affiliate Ness Well Financial, LLC, in its capacity as servicer of this Rewards Program, has sole discretion in the administration of this Rewards Program and that you have no rights to any points unless and until such points are deposited in your Ness Rewards Account, subject to any adjustments to point earnings as described herein.

16. Rewards Program Assistance

If you have questions regarding your points or the Rewards Program, please contact [email protected] or 1-888-842-6061.

Offer Terms

Last Updated January 20, 2023


Welcome Offer: 30,000 Ness Points

You can earn 30,000 points after you spend $6,000.00 (the “Threshold Amount“) or more in eligible purchases on your Ness Card within the first ninety (90) days of Ness Card membership starting from the date that your Card account is opened. Eligible purchases are purchases for goods and services minus returns and other credits. Eligible purchases do NOT include fees. Points will be credited to your Ness account within 6 weeks after you meet the Threshold Amount. Your Card Account must not be canceled or past due at the time of fulfillment of any offers.

Ness reserves the right to modify or revoke this offer at any time.

Terms and Conditions for the Rewards Program apply. See the Rewards Program Terms for more details. Participating partners and available rewards are subject to change without notice.

If we in our sole discretion determine that you have engaged in abuse, misuse, or gaming in connection with this offer in any way or that you intend to do so (for example, if you applied for one or more cards to obtain an offer(s) that we did not intend for you; if you cancel your account within 12 months after acquiring it; or if you cancel or return purchases you made to meet the Threshold Amount), we may not credit, we may freeze, or we may take away the points from your account. We may also cancel this Card account.

Benefit Terms

The following benefits and services are subject to change or cancellation.

$120 Connected Fitness Credit

Earn up to $10 in statement credits per calendar month for a total of up to $120 per calendar year in statement credits when you use your Ness Card for purchases with the following connected fitness services:  Peloton, Tonal, Lululemon Studio Mirror, Hydrow, Tempo, or Fightcamp (“Connected Fitness Services”). Restrictions may apply for use of each of the Connected Fitness Services; see each Connected Fitness Services’ terms and conditions for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the monthly statement credit in the month that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit.  For example, your transaction will not be eligible if it is not made directly with the merchant. If you receive a refund for an eligible purchase and the statement credit has been applied before the merchant refunds the charges, that statement credit will be reversed.

If you use your Ness Card for purchases at more than one of the Connected Fitness Services in a given calendar month, Ness will apply the $10 monthly statement credit for the first of the Connected Fitness Services purchases that month. If you receive a refund for that purchase such that the statement credit is reversed, contact [email protected] to have a statement credit re-applied in connection with the second of the Connected Fitness Services purchases (assuming such purchase was not also refunded).

To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment.

Inclusion in this benefit does not imply partnership or sponsorship by the Connected Fitness Services. Any questions regarding this benefit should be directed to Ness, and not any of the Connected Fitness Services. For additional information about this benefit, please contact [email protected]

$120 Elo Credit                                              

Earn up to $10 in statement credits per calendar month for a total of up to $120 per calendar year in statement credits when you use your Ness Card to purchase a monthly Elo Health subscription. Purchases must be made directly at www.elo.health or via Elo’s mobile app. Restrictions may apply for Elo subscriptions; see Elo terms and conditions for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the monthly statement credit in the month that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. For example, your transaction will not be eligible if it is not made directly with the merchant. If you receive a refund for an eligible purchase and the statement credit has been applied before Elo refunds the charges, that statement credit will be reversed.

This benefit expires December 31, 2023.  Purchases made prior to expiration that do not settle until after expiration are still eligible. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected]

$240 Exhale® Credit

Earn a $60 statement credit after you spend $300 (the “Exhale Threshold Amount”) or more on your Ness Card at exhale® over the course of a calendar quarter for a total of up to $240 in statement credits per calendar year. Eligible purchases include in-person fitness classes, spa services, and merchandise at any physical exhale® location, as well as any virtual spa services and merchandise sold directly on www.exhalespa.com.  Restrictions may apply for exhale® services; see exhale® terms and conditions for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted 8 weeks after reaching the Exhale Threshold Amount in order to apply the $60 quarterly statement credit in the quarter that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. If you receive a refund for an eligible purchase that brings your total spend for the calendar quarter below the Exhale Threshold Amount and the statement credit has been applied before exhale® refunds the charges, that statement credit will be reversed.

This benefit expires December 31, 2023.  Purchases made prior to expiration that do not settle until after expiration are still eligible. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected]

$200 Fyt Personal Training Credit

Earn up to a $100 in statement credit from January through June and up to a $100 statement credit from July through December for a total of up to $200 per calendar year when you use your Ness Card to pay for personal training sessions with Find Your Trainer (“Fyt”). To receive this benefit, you must create an account at www.findyourtrainer.com and pay for your sessions using the Ness Card directly through www.findyourtrainer.com. Age minimums and other restrictions apply to use Fyt’s services; see Fyt’s terms of use for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to your account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the semi-annual statement credit in the 6-month period that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. If you receive a refund for an eligible purchase and the statement credit has been applied before the Fyt refunds the charges, that statement credit will be reversed.

This benefit expires December 31, 2023.  Purchases made prior to expiration that do not settle until after expiration are still eligible. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected]

$240 Healthy Meal Kit Credit

Earn up to $20 in statement credits per calendar month for a total of up to $240 per calendar year in statement credits when you use your Ness Card to purchase a new subscription with one or more of the following healthy meal kit services: Sakara, Factor, Trifecta, Butcherbox, and GreenChef (“Meal Kit Services”). Enrollment is required to receive this benefit. Restrictions may apply for use of each of the Meal Kit Services; see each Meal Kit Services’ terms and conditions for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the monthly statement credit in the month that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. For example, your transaction will not be eligible if it is not made directly with the merchant. If you receive a refund for an eligible purchase and the statement credit has been applied before the merchant refunds the charges, that statement credit will be reversed.

If you use your Ness Card to purchase new subscriptions to more than one of the Meal Kit Services and, accordingly, have multiple eligible Meal Kit Services purchases in a given calendar month, Ness will apply the monthly statement credit for the first of the Meal Kit Services purchased that month. If you receive a refund for that purchase such that the statement credit is reversed, contact [email protected] to have a statement credit re-applied in connection with the second of the Meal Kit Services purchased (assuming such purchase was not also refunded).

To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment.

Inclusion in this benefit does not imply partnership or sponsorship by the Meal Kit Services. Any questions regarding this benefit should be directed to Ness, and not any of the Meal Kit Services. For additional information about this benefit, please contact [email protected]

$80 Jones Road Beauty Credit

Earn up to $20 in statement credits per calendar quarter for a total of up to $80 per calendar year in statement credits when you use your Ness Card at Jones Road Beauty. Purchases must be made directly at www.jonesroadbeauty.com. Merchant restrictions may apply; See Jones Road Beauty’s terms and conditions for more information..

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the 20% quarterly statement credit in the month that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. For example, your transaction will not be eligible if it is not made directly with the merchant. If you receive a refund for an eligible purchase and the statement credit has been applied before Jones Road refunds the charges, that statement credit will be reversed.

This benefit expires December 31, 2024.  Purchases made prior to expiration that do not settle until after expiration are still eligible. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected]

20% Modern Age Offer & Complimentary Injection Therapy

Receive 20% off eligible purchases at Modern Age when using your Ness Card. Eligible purchases include the single-session and package treatments in the categories of Skin & Hair and General Health. Eligible purchases do not include a discount on Modern Age’s Wellness Assessment or Neurofeedback Therapy. Discount does not apply to taxes or fees.

This benefit also includes a complimentary injection therapy (Vitamin B12, Vitamin D3, or Glutathione) the first time you use your Ness Card at Modern Age. Individuals who close their Ness Card account and later re-open a Ness Card are not eligible to receive this complimentary injection therapy a second time.

This benefit expires December 31, 2023. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of purchase.

20% Obé Offer

Receive 20% off a new monthly or annual Obé subscription purchased with your Ness Card. This offer applies to new Obé subscriptions only and does not apply to taxes or fees. To receive this benefit, you must purchase the new subscription with your Ness Card directly on obefitness.com and use the unique code found in your Ness mobile app (navigate to the Explore tab in your app and select the Obé card to find the code) during checkout. Subscriptions purchased through Apple or Android are not eligible. Restrictions may apply for Obé subscriptions; see Obé’s terms and conditions for more information.

This benefit expires December 31, 2023. A cardmember who purchases a new monthly subscription before such date will receive this benefit for a total of 12 months, subject to the following exceptions:  If your subscription is paused and subsequently reinstated within 12 months of activating a new subscription, you will not be eligible to apply this offer upon reinstatement. If your payment method is changed from the Ness Card to another payment method and then changed back to the Ness Card within 12 months of activating a new subscription, you will not be able to apply this offer upon reinstating your Ness Card as the payment method.

To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of purchase.

15% Previnex Discount

Receive 15% off one-time Previnex purchases and 25% off Previnex subscriptions paid for with a Ness Card. The 25% discount applied to subscriptions is based on the standard 10% discount that Previnex provides for all subscription purchases, plus the additional 15% off available to Ness Cardmembers. To receive this benefit, you must make your purchases directly at www.Previnex.com and use the unique code found in your Ness mobile app at checkout (navigate to the Explore tab in your app and select the Previnex card to find the code). Discount does not apply to taxes or fees. Restrictions may apply for Previnex purchases; see Previnex’s terms and conditions for more information. This benefit expires December 31, 2023.

Ness is not responsible for goods that are lost, stolen or damaged during shipping.

To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of purchase.

$120 SOTO Method Credit

Earn $9.99 in statement credits per calendar month with purchase of a monthly SOTO Method membership or a $40 statement credit with purchase of an annual SOTO Method membership for a total of up to $119.88 in statement credits per calendar year. Purchases must be made using your Ness Card directly at www.sotomethod.com or via the SOTO Method mobile app. Restrictions may apply for SOTO Method subscriptions; see SOTO Method terms and conditions for more information.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to your account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the $9.99 monthly statement credit or $40 annual statement credit, as applicable, in the month/year that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. If you receive a refund for an eligible purchase and the statement credit has been applied before the SOTO Method refunds the charges, that statement credit will be reversed.

This benefit expires November 22, 2024.  Purchases made prior to expiration that do not settle until after expiration are still eligible. To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected]

$300 Wellness Coaching Credit

Earn up to $75 in statement credits per calendar quarter for a total of up to $300 per calendar year in statement credits when you use your Ness Card to pay for services with Ness Preferred Providers. Ness Preferred Providers are designated with a “Ness Preferred” badge in Ness’ provider directory (the “Provider Nesswork”). Providers in the Provider Nesswork and their status as Ness Preferred Providers are subject to change. Eligibility for this statement credit will be determined by the status of the Provider at the time the charge is processed.

Please allow 6-8 weeks after an eligible purchase is charged to your Ness Card account for statement credit(s) to be posted to the Account. Please contact [email protected] if statement credits have not posted after 8 weeks from the date of purchase in order to apply the $75 quarterly statement credit in the quarter that it was intended. If Ness does not receive information that identifies your transaction as eligible for the benefit, you will not receive the statement credit. If you receive a refund for an eligible purchase and the statement credit has been applied before the Ness Provider refunds the charges, that statement credit will be reversed.

To be eligible for this benefit, your Ness Card account must not be canceled and not past due at the time of statement credit fulfillment. For additional information about this benefit, please contact [email protected].

You are responsible for evaluating and determining the suitability of a Provider’s services on your own. If you decide to purchase Provider services or enter into any other contractual relationship with a Provider (either a “Provider Contract”), that Provider Contract is between you and the Provider. Ness is not a party to that Provider Contract, and Ness is not acting as an agent in any capacity for you or the Provider.

AutoPay Terms & Conditions

Last Updated January 17, 2023

By enrolling in the Ness AutoPay Program (the “Program”), you authorize Ness Well Financial, LLC, as a servicer for The Bank of Missouri, Member FDIC (“TBOM”) and any successive servicer (together “we” or “us”), to debit the bank account you designate (the “AutoPay Bank Account”) each billing period to pay automatically the amount you have selected.

We will advise you by an email message of the amount and date of the payment that will be automatically debited. To receive confirmation of the debit transfer taking place, you may log into the Ness mobile application, call your bank, or call Ness Customer Service at 1-888-842-6061.

1. Definitions:

A. Full Balance: The total amount of money you currently owe on your credit card, including your previous Statement Balance (as defined below), past due amounts, fees (if applicable) and new charges made thereafter. Full Balance does not include any pending purchases at the time your AutoPay payment is withdrawn.

B. Statement Balance: The “New Balance” indicated on your most recent statement. Statement Balance does not include changes in the current billing period, payments, credits or disputes that have occurred between the statement issuance date and the AutoPay Date.

E. AutoPay Bank Account: This is the bank account you have connected to your Ness credit card account during enrollment into AutoPay.

F. AutoPay Date: This is the date you selected for us to begin processing your AutoPay Payment or shortly thereafter, and the same calendar day of each subsequent month (or the last day of the month if you selected the 29th, 30th, or 31st of any month without that many days) or shortly thereafter.

You agree that unless you notify us to stop or adjust the amount of the debit, in accordance with the procedures set forth in paragraph 4 below, you authorize the debit of funds from the AutoPay Bank Account in the amount specified in the automatic payment option you have selected on the AutoPay Date. You will ensure that there are sufficient funds in the AutoPay Bank Account on the specified debit date to pay the amount of the debit. For any automatic payment option you have selected, we are authorized to reduce the amount of the debit previously disclosed to you on your payment notice by the amount of any payments, credits applied (excluding purchase credits), or financial charges adjustments to your Ness credit card account prior to the scheduled debit date. You understand that if your Ness credit card account is canceled and there is an outstanding balance on the credit card account, you authorize us to continue to automatically debit your AutoPay Bank Account unless you terminate participation in the Program in accordance with the procedures set forth in paragraph 6 below. If you close your AutoPay Bank Account, you agree to notify us beforehand to enable us to stop initiating debit transactions.

2. Additional Payments. If you would like to make a payment in addition to the automated payment amount you have selected, you may do so by scheduling a one-time payment in-app. Note, any additional payments made outside of your scheduled AutoPay payment amount will reduce the balance you owe toward your Statement Balance or Full Balance amounts.

3. Varying Amounts: You have the right to receive advance notice if any payment we seek will vary from the amount you authorize in your AutoPay settings. You authorize us to vary the amount of any payment so long as such payment is less than the pre-authorized amount for your Full Balance. We will send you a reminder at least ten (10) calendar days prior to initiating any debit by sending you an email that contains the details of your amount of your scheduled payment and the AutoPay Date. If your AutoPay Date falls on a Saturday, Sunday, legal holiday or other day that we are not open for business, we will process your payment on the next available business day. However, the payment will be credited to your account as if it had been processed and posted on the AutoPay Date. All payments are subject to further verification and payment as well as the terms and conditions for your credit card and deposit accounts.

4. Stop Payment Orders/Adjustments: You may cancel your upcoming payment by turning off your AutoPay feature within the Ness mobile app at least two (2) business day prior to your scheduled AutoPay Date by 8pm ET. Also, you may edit your AutoPay settings on any date prior to your AutoPay Date, however, any changes you make after 8pm ET on the day as your scheduled AutoPay Date will occur after your payment processes and will be effective for the following month’s AutoPay Date.

You must update your Ness account: (a) if any information changes regarding your bank account, (b) if you wish to change the account or financial institution from which your payment is debited, or (c) if you wish to stop a payment or discontinue your participation in AutoPay.

5. Returned Payments: If your AutoPay Bank Account rejects your payment because of insufficient (NSF) or uncollected funds, you authorize Ness to reinitiate the payment up to as many times as is permitted by applicable ACH network rules and applicable law, without further notice to you. However, you agree that we are under no obligation to reinitiate any rejected debits. At our discretion, we may attempt to process the charge again within 14 days. If funds are not fully available at any time during your participation in the Program, or your account is otherwise not in good standing, we reserve the right to terminate your participation therein. If your account is unenrolled for any reason, you will receive an email alert notifying you that your account has been unenrolled. You may incur and be responsible for returned payment fee(s), if applicable to your Ness credit card account type, as well as any such fees charged by your bank.

6. Termination of Participation in the Program: You may turn off or edit the AutoPay settings at any time by (i) going to the ‘Settings’ page on your online account and changing your payment preferences, (ii) contacting Customer Service at [email protected] or 1-888-842-6061. These are the exclusive means by which you may revoke this authorization.

Electronic Communications Consent

Last Updated October 26, 2022

Your Consent to Electronic Signatures & Communications

  1. Background

As part of your relationship with Ness, we want to ensure you have all of the information you need to effectively manage your account. We are required by law to give you certain information, including legal disclosures, notices, records, statements, and communications (“Covered Communications”) “in writing” (i.e., on paper by mail). We may, however, instead provide this information to you electronically with your prior consent (and save some trees in the process!). We also need your general consent to use electronic records and signatures in our relationship with you. So, before proceeding with your charge card application, you must review and consent to the terms of this document.

  1. Consent

In this document, “we,” “us,” and “our” refer to: (1) The Bank of Missouri, issuer of the Ness Card; (2) Ness Well, Inc., creator of the Ness App and the Ness Rewards Program, and (3) their service providers, including Ness Well Financial, LLC, servicer of the Ness Card.

In addition, “provide” means to deliver, make available, send, notify or take similar action.

To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all Covered Communications. Your consent gives us permission to communicate with you electronically in regard to any activity on, including the products and services accessed through, the Ness App and is not specific to any extension of credit, inquiry, product, service or transaction. Communications include, as applicable:

  • Any information we provide to you about your charge card application, including rates and fees, any adverse action, and any final terms of your credit offer;
  • Any information we provide to you about any product, service, or transaction you conduct;
  • Any terms and conditions and policies you agree to, including updates to these agreements or policies, and other authorizations you provide;
  • Any documents or disclosures we provide to you; and,
  • Any other information relating to your relationship with us.

We will provide these Covered Communications to you by emailing them to you at your registered email address and/or making them available via the App after you log-in. It is your responsibility to keep your registered email address up to date so that we can communicate with you electronically.

  1. System Requirements

In order to access and retain electronic communications, you will need:

  • An iPhone or iPad that has internet access and is capable of running iOS applications (“Eligible Device”);
  •  Have iOS version 14, or subsequent versions of such software, installed on your Eligible Device; and
  • Have a valid email address associated with your account.
  1. Paper Versions of Covered Communications

You may request a paper version of a Covered Communication. You acknowledge that Ness reserves the right to charge you a reasonable fee for the production and mailing of paper versions of Covered Communications, unless charging a fee is prohibited by applicable law. To request a paper copy of a Covered Communication contact us at 1-(888) 842-6061.

  1. Withdrawal of Consent

You have the right to withdraw consent and may withdraw your consent to receive Covered Communications electronically or update information needed to contact you electronically by emailing us at [email protected]; however, Ness will not be able to service your account and will require closure of your account.  If you withdraw your consent prior to completing your application, you will not be able to complete the application process and therefore will not be issued an extension of credit.

  1. Updates

You acknowledge that we may amend this policy at any time by posting a revised version on our website. If we make a material change to this policy we will also send a notice to your registered email address.

  1. Acknowledging Ability to Access and Consenting to Electronic Communications

By confirming that you have read and agreed to these terms, you are confirming that (1) you have access to an Eligible Device, (2) you agree to receive the Covered Communications electronically, and (3) you are able to access and print or store information presented to you.

Ness Provider Terms

Last Updated October 28, 2022

Hello! Ness Well, Inc. (“Ness” or the “Company”)) is a public benefit corporation that is dedicated to promoting health & wellness products and services, including a curated network of health & wellness providers (the “Provider Nesswork”).  The Provider Nesswork is made available to consumers through our website (www.nesswell.com), including various subpages thereof (the “Site”), Ness’ mobile application (the “App”), and Ness’ content channels, including the newsletter Nessie Sightings and social media pages (collectively, along with Ness’ credit card (the “Ness Card”), the “Services”). 

Your participation in the Provider Nesswork constitutes acceptance of the terms herein and formation of a binding legal agreement (the “Provider Terms”) between you (henceforth, “you,” “your,” “Provider”) and Ness.  By participating in the Provider Nesswork, you confirm that you have read, accept, and agree to be bound by (i) the terms of these Provider Terms; (ii) the Company’s Terms of Service and Privacy Policy, each of which is incorporated herein (collectively, the “Incorporated Terms”); and (iii) all other instructions provided by Ness to You in relation to the Provider Nesswork.

Consumers who view and use the Provider Nesswork to book services with a Provider (“Provider Services”) are referred to as Customers (“Customers”).  Together, Providers and Customers are referred to as users (“Users”). 

    1. Changes to these Provider Terms

Ness may, in its sole discretion, amend, delete, or add to these Provider Terms at any time by posting a revised version to the Site. Any revisions to the Provider Agreement will take effect on the noted last updated date.

It is your responsibility to review these Provider Terms (including the Incorporated Terms) for any such changes.  We reserve the right to notify you of such changes via our website, or otherwise, but other than as required by applicable law, we have no obligation to notify you of every update.

    2. Provider Profile

As part of the registration process for participating in the Provider Nesswork, you must complete a Provider profile (“Profile”), which you consent to be shown to other Users.  You agree to provide true, accurate, and complete information on your Profile, registration and any other forms completed via the Services or upon request by Ness. You further agree to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, location, skills, or Provider services. Failure to comply may result in removal from the Provider Nesswork.

    3. Provider Verification

You understand that your Profile may be subject to validation and verification at any time, including at a minimum, upon registration with Ness and annually thereafter. This could include validation to confirm your identity, location, education credentials, and other profile details against official government documents, legal documents, and third-party databases. You authorize Ness, directly and through third parties, to make any inquiries necessary, subject to applicable law, to perform this validation, and will comply in a timely manner with a request for you to provide Ness with information.  The Company reserves the right to limit inclusion of your Profile in the Provider Nesswork and access to any other features given to Providers during this verification.

    4. Ownership and Restrictions

Ness or its licensors retain all ownership and intellectual property rights to the Services, as well as to anything developed and delivered under this Agreement. All pages, features and content within the Services and any material made available for download are the property of Ness, or its licensors or suppliers, as applicable. The contents of the Services and the Provider Nesswork, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through the Services may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Provider Terms and the Incorporated Terms. You agree that you will use the Services, including the Site and App, and the Provider Nesswork only for legal purposes.

You retain all ownership and intellectual property rights in and to your data (“Provider Data”). 

    5. License Grant

With respect to the Provider Data, which may include your name, image, and likeness, you expressly grant Ness and our successors a worldwide, sublicensable, fully-paid and royalty-free and non-exclusive license to use, reproduce, display, modify, adapt, distribute the Provider Data throughout the Services in connection with our business purpose. This license does not grant us the right to sell the Provider Data or otherwise distribute it outside of our Services. This license will terminate upon termination of these Provider Terms.

    6. Relationship between Ness, the Providers, and Customers

The Provider Nesswork enables Providers to publish and offer their services to Ness Customers.  All Users are responsible for evaluating and determining the suitability of a Provider Service on their own. If a Customer decides to purchase Provider Services or enter into any other contractual relationship with a Provider (either, a “Provider Contract”), that Provider Contract is between the Users; Ness is not a party to that Provider Contract.  Ness is not acting as an agent in any capacity for any User.

If a Customer cancels or modifies an appointment with you for Provider Services, the amount owed to you is determined by your Provider Contract with the Customer. Ness will not be held responsible or liable for any amounts owed to you under your Provider Contract.

A.    User Behavior

You agree that Ness does not control the behavior and/or usage of the Provider Services by any User.  You acknowledge that Ness has the right, but not the obligation, to monitor the use of the Provider Nesswork. Providers agree to cooperate with and assist Ness in good faith, and to provide Ness with such information and take such actions as may be reasonably requested by Ness with respect to any investigation undertaken by Ness regarding the Provider Nesswork.

    7. Provider Tiers

The Provider Nesswork includes two (2) tiers of Providers – Standard Providers and Preferred Providers. The Standard provider tier is the default; Providers may elect to be in the Preferred Provider tier. 

You may modify your tier by submitting a request to Ness via email at [email protected] Ness reserves the right to take up to thirty (30) days to fulfill such modification. Ness will confirm the modification and the date on which it will take effect (“Modification Date”) in writing via email.

    8. Fees for Services

A.    Standard Providers

As of the date of these Provider Terms, Ness does not charge Standard Providers for inclusion in the Provider Nesswork. 

B.    Preferred Providers

Ness charges a minimum ten percent (10%) commission for all Provider Services performed by Preferred Providers paid for using a Ness Card. You and Ness may enter into additional agreement(s) covering further marketing performed by Ness in exchange for an additional commission amount in excess of ten percent (10%) (“Commission Agreement”). The commission owed under these Provider Terms and any Commission Agreement is hereinafter referred to as “Fees.” Ness will invoice Preferred Providers on at least a monthly basis for Fees owed under these Provider Terms. Payments will be due to Ness within thirty (30) days of the invoice date.

If you are a Preferred Provider, you hereby agree to pay all Fees under these Provider Terms and any Commission Agreement in the manner directed by Ness, at the time they are required and as a condition of participating in the Provider Nesswork.  If you fail to pay an amount due under this Agreement or any Commission Agreement by a due date, Ness may suspend your inclusion in the Provider Nesswork until such overdue Fees are paid in full.  Continued failure to pay Fees and interest may result in a downgrade to the Standard Provider tier or removal from the Provider Nesswork.

C.    Changes in Fees

Ness reserves the right to change Fees at any time, and will provide notice of any fee changes prior to such changes taking effect.  If you disagree with any fee changes, you may request to change Provider tiers in accordance with Section 7 or to terminate these Provider Terms in accordance with Section 10.

    9. Treatment of the Ness Brand

Ness is dedicated to promoting a brand that is synonymous with health and wellness. As a participant in the Provider Nesswork, you agree to do nothing that would hamper Ness’ reputation. Except as expressly permitted by applicable law, you must not:

  • Indicate or imply that you prefer, directly or indirectly, any other charge, credit, debit, stored value, prepaid, or smart cards, account access devices, or other payment cards, services, or products other than the Ness Card (“Other Payment Products”) over the Ness Card;
  • try to dissuade Cardmembers from using the Ness Card;
  • criticize or mischaracterize the Ness Card or any of our Services;
  • try to persuade or prompt Cardmembers to use any Other Payment Products or any other method of payment (e.g., payment by cash or check);
  • impose any restrictions, conditions, disadvantages, or fees when the Ness Card is accepted that are not imposed equally on all Other Payment Products, except for electronic funds transfer, or cash and check;
  • suggest or require Cardmembers to waive their right to dispute a transaction;
  • engage in activities that harm our business or the Ness brand (or both); or
  • promote any Other Payment Products more actively than you promote the Ness Card.

    10. Termination; Tail Period

A.    Termination by You or Ness

These Provider Terms between you and Ness remain in effect until either party, you or Ness, terminates the agreement in accordance with this Section 10 of the Provider Agreement.

  • You may terminate this agreement for any reason with thirty (30) days’ notice by sending us an email at [email protected]
  • Ness may terminate this agreement and your inclusion in the Provider Nesswork at any time for any reason.
  • Parts of These Provider Terms that by their nature survive termination, will survive termination of this Agreement.

B.    Tail Period for Preferred Providers

For Preferred Providers, if you terminate these Provider Terms in accordance with Section 10(A) or modify your provider tier from Preferred Provider to Standard Provider in accordance with Section 7, then any Provider Services provided by you that are paid for by Customers with a Ness Card will continue to be subject to the Fees described in Section 8(B) for a period of ninety (90) days following the Termination Date or Modification Date, as applicable.

    11. Limitation of Liability

We provide the Provider Nesswork and all content within the Services “as is” without warranty of any kind and we disclaim all warranties, whether express or implied.  For example: (i) we do not endorse or warrant the existence, conduct, performance, quality, legality or suitability of any Provider, Customer, User, third party, Provider Contract, or Provider Services; (ii) we do not warrant the performance or non-interruption of the Services; and (iii) we do not warrant that verification conducted on Users – whether Providers or Customers – will identify past misconduct or prevent future misconduct. The disclaimers in these Provider Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Neither Ness (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Provider Nesswork or the Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Provider Terms, (ii) the use of or inability to use the Provider Nesswork or the Services, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Provider Nesswork, or (iv) publishing or purchasing of Provider Services, including the provision or use of Provider Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Ness has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

In no event will Ness’ aggregate liability for any claim or dispute arising out of or in connection with these Provider Terms, your interaction with any Users or your use of or inclusion in the Provider Nesswork or any Services exceed one hundred U.S. dollars ($100.00 USD).

    12. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Ness’ option), indemnify, and hold Ness (including Ness, its affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Provider Terms, including the Incorporated Terms, (ii) your improper use of the Provider Nesswork, (iii) your interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.

    13. Dispute Resolution

You and Ness agree that any dispute or claim arising from or relating to these Provider Terms shall be settled by final and binding arbitration, in accordance with Section 14 of the Ness Terms of Service.

    14. General

These Provider Terms, the Incorporated Terms and any Commission Agreement constitute the entire agreement between Ness and you pertaining to your inclusion in the Provider Nesswork or use of the Services, and supersede any and all prior oral or written understandings and agreements between Ness and you.

These Provider Terms do not and are not intended to confer any rights or remedies upon anyone other than Ness or you.

If any provision of these Provider Terms is held to be invalid or unenforceable such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Provider Terms it connotes an obligation with the same meaning as “shall.”

Ness’ failure to enforce any right or provision in these Provider Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Provider Terms, the exercise by either party of any of its remedies under these Provider Terms will be without prejudice to its other remedies under these Provider Terms or otherwise permitted under law

You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Ness’ prior written consent. Ness may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.

Unless specified otherwise, any notices or other communications to Users permitted or required under this agreement, will be provided electronically and given by Ness via email.

Thank you for your participation in the Provider Nesswork!

Ness Terms of Service

Last Updated January 1, 2023

Hi there! We’re Ness Well, Inc. (collectively with our affiliates and subsidiaries, “Ness,” “we,” “us,” or “our”), and we operate www.nesswell.com (the “Site”), including our editorial publication, The Nessie, a mobile application (the “App”), our newsletter, Nessie Sightings, and our network of health and wellness providers (the “Provider Nesswork”) (collectively, the “Services”). The terms and conditions that follow form an agreement (the “Terms of Service” or “Agreement”) between you (“User”, “you,” or “your”) and Ness that governs your use of the Services, our social media channels, any related applications provided by us, and all content and features contained herein.

This Agreement is important, so please read it carefully before you start to access the Services, and forgive us for the loud text that follows: 

BY ACCESSING OR UTILIZING ANY OF THE SERVICES, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. 

To be clear, if you do not agree to be bound by these Terms of Service or the Privacy Policy, then you must not access any of the Services.

    1. Eligibility

The Services are available only to Users who are 18 years of age or older and reside in the United States or any of its territories.  By using any of our Services, you represent and warrant that you are of legal age to form a binding contract with Ness and meet all the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use any of our Services.

    2.  Changes to the Terms of Service

We may make changes or modifications to the Services or to this Agreement at any time and without prior notice to you.  Any and all changes are effective immediately when we post them and apply to all access and use of the Services thereafter.  You acknowledge and agree that your continued use of the Services following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. 

    3. Your Use of the Services

By accessing and/or using the Services, you agree to comply with the following rules:

  • Your use of any of the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, regulations, and rules
  • Your use of any of the Services will not violate the legal rights, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • You will not use any of the Services in a manner (as determined by Ness in its sole and absolute discretion) that is illegal, infringing, defamatory, obscene, indecent, abusive, offensive, harassing, inflammatory, or otherwise objectionable
  • You will not use any of the Services for hate speech, hate crimes, or violence
  • You will not impersonate any person or misrepresent your affiliation with any person or organization
  • You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent
  • You will not use any of the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, damaging or limiting the functionality of the Services
  • You will not copy or distribute in any medium any part of the Services, except where expressly authorized by Ness
  • You will not access Ness Content or User Content (as those terms are defined below) through any technology or means other than through the Services themselves
  • You will not use any of the Services for any commercial use without Ness’s express prior written consent, and you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large loan on our technical infrastructure.

    4. Beta Features

From time to time, Ness may include new and/or updated features in the Services for trial use (“Beta Features”).  You understand and agree that your use of the Beta Features is voluntary and Ness is not obligated to provide you with any Beta Features or to incorporate any Beta Features into future general releases.  Furthermore, if you decide to use the Beta Features, you agree to abide by any rules or restrictions Ness may place on them. You understand that once you use the Beta Features, you may be unable to revert to the earlier version of the same or similar feature.  Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Features back to the earlier version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption, or loss of data and/or information from any connected device.  You acknowledge and agree that all use of the Beta Features is at your sole risk.

    5. Intellectual Property

The content delivered through the Services, including without limitation the text (such as the articles found on The Ness Well or in The Nessie), software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Ness Content”), are owned by or licensed to Ness in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States, and other intellectual property rights under United States laws.  Ness Content is provided to you “as is,” “as available,” and “with all faults,” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Ness.  No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.  Ness reserves all rights not expressly granted in and to Ness Content and the Services. This Agreement does not transfer ownership of these rights.  If you violate any part of this Agreement, your permission to access and/or use Ness Content or any of the Services automatically terminates, and you must immediately destroy any copies you have made of Ness Content.  The trademarks, service marks, and logos of Ness (“Ness Trademarks”) used and displayed in the App, on the Site, or via the Services are registered and unregistered trademarks or service marks of Ness.  Other company, product, and service names located in the App, on the Site, or in the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Ness Trademarks, the “Trademarks”).  Nothing in any of the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such link is approved in advance by us in writing.  If you wish to seek approval for such a link or to use any of the Ness Content, please address your request to [email protected].  All goodwill generated from the use of Ness Trademarks inures to our benefit.  All of the Services have been specially designated to present Ness Content in a unique format and appearance. We are concerned about the integrity of Ness Content when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our content.  Elements of the Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.  Neither you nor any third party shall make use of Ness Content in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

    6. Our Use of User Content

Some of the features of the Services may allow Users to view, post, publish or share their ideas, opinions, preferences, or feedback (e.g., through a “like” or “comment” function) related to Ness Content, such as articles on the Ness Well (“On-Site User Content”).  We may also make available interactive services through third-party websites and third-party social media platforms (“Third-Party Platforms”) (e.g., Ness-designated hashtags, and comment or posting sections on Ness-related pages hosted on third-party social media platforms) pursuant to which Users can post associated content (“Off-Site User Content,” together with On-Site User Content, “User Content”). 

By posting or publishing User Content to the Services, or to Third-Party Platforms, you represent and warrant to Ness that:

  • You have all necessary rights to distribute User Content, either because you are the sole author and owner of the User Content and have the right to distribute the same or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content;
  • You are not violating the rights of any third-party by posting or publishing User Content; and
  • All of your User Content does and will comply with these Terms of Service.

Any User Content you post via any of the Services will be considered non-confidential and non-proprietary.  By providing any User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material, for any purpose, including without limitation promoting and redistributing all or part of the Services in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party.

You understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not Ness, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the substance or accuracy of any User Content posted by you or any other user of the Services.

    7. Copyright

It is never our intention to violate your copyright. If you believe that any User Content violates your copyright, please notify us by emailing us at [email protected] with the subject “Notice of Copyright Infringement.”  Ness will respond to notices of alleged infringement regarding third-party material sent pursuant to and in accordance with the Digital Millennium Copyright Act (“DMCA”), which may include Ness removing or disabling access to third-party material claimed to be the subject of infringement or other activity.  All notices sent to Ness regarding matters other than informing Ness that a party’s copyrighted material may have been infringed as a result of third-party materials will not receive a response through this process. 

In accordance with the DMCA, your written notice of copyright infringement should include the following to be effective:

  • Your physical or electronic signature
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or via the Services, a representative list of such works
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if applicable, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the written notice is accurate
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

If you believe that material you posted via the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting a written notice to [email protected] with the subject “Copyright Counter Notice.”  Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature
  • An identification of the material that has been removed or to which access has been disabled and the location of which the material appeared before it was removed or access disabled
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and if applicable, email address)
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled because of a mistake or misidentification of the material to be removed or disabled
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site or Services may be found or accessed) and that you will accept service from the person who provided Ness with the complaint at issue.

Please be aware that if you knowingly materially misrepresent that material or activity on the Site or Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

    8. Links to Third-Party Websites

The Services may contain links to third-party sites and resources that are not owned or controlled by Ness. These links, which include those contained in advertisements and sponsored links, are provided solely for your convenience and do not constitute an endorsement by Ness of the content on such websites nor of the business practices of those operating such websites.  Ness has no control over and assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites or resources, or for any loss or damage that may arise from your use of such third-party websites and resources.  In addition, Ness does not censor or edit the content of third-party websites or resources. 

By using any of the Services, you expressly release Ness from any and all liability arising from your use of any third-party website or resource.  Accordingly, Ness encourages you to be aware when you leave the Services and enter a third-party site, and to review the terms and conditions, privacy policies, and other governing documents of any other third-party website or resource that you may visit.

    9. Online Commerce

Throughout the Services and Ness Content, we may make recommendations for or otherwise feature third-party products and services (“Featured Products and Services”). We may also include affiliate links that allow you to purchase Featured Products and Services on a third-party website. While we may have opinions on the Featured Product and Services as users of them and we may receive compensation for purchases made through affiliate links, we are not responsible for the quality, accuracy, timeliness, reliability, or any other aspect of these Featured Products and Services. When you purchase Featured Products and Services on a third-party website you may be subject to additional terms and conditions that specifically apply to your purchase. For more information regarding a merchant, its online store, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its informational links. By using the Services or otherwise consuming Ness Content, you expressly release us from any and all liability that may arise from your purchase and/or use of the Featured Products and Services. For the avoidance of doubt, this paragraph applies to purchases of third-party products and services using discounts provided by Ness following a redemption of Ness rewards points.

    10. Relationship to Provider Nesswork

The Provider Nesswork features health and wellness providers (‘Providers”) and the services they offer to Users (“Provider Services”).  All Users are responsible for evaluating and determining the suitability of a Provider Service on their own. If you decide to purchase Provider Services or enter into any other contractual relationship with a Provider (either, a “Provider Contract”), that Provider Contract is between you and the Provider; Ness is not a party to that Provider Contract.  Ness is not acting as an agent in any capacity for you or the Provider.

If you cancel or modify an appointment with a Provider, the amount you owe is determined by your Provider Contract with the Provider. Ness will not be held responsible or liable for any amounts you owe to a Provider under your Provider Contract.

    11. Geographic Restrictions

The owner of the Services is based in the United States.  We provide the Services for use only by persons located in the United States and its territories.  We make no claims that the Services or any content thereof is accessible or appropriate outside of the United States.  Access to the Services may not be legal by certain persons or in certain countries.  If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

    12. Indemnity

You agree to indemnify and hold harmless Ness, our directors, officers, managers, employees, shareholders, agents, and licensors from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees arising out of or in relation to your breach of this Agreement or your use of the Services or Ness Content.  Ness reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section.  In such event, you will cooperate with Ness, as we reasonably request.

If you are a California resident, you waive California Civil Code Section 1542, which states:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

    13. Disclaimer of Warranties

YOUR USE OF THE SERVICES AND NESS CONTENT ARE AVAILABLE “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NESS DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE SERVICES OR THE NESS CONTENT.  WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMMISSIONS IN THE SERVICES.  WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE WITH RESPECT TO THE SERVICES, ANY NESS CONTENT, OR ANY INFORMATION OR GOODS AND SERVICES THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES OR NESS CONTENT.

WE DO NOT PROVIDE OR AUTHORIZE THE PROVISION OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICES OR ANY NESS CONTENT, AND SO WE DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF MEDICAL, LEGAL, OR OTHER PROFESSIONAL INFORMATION THAT IS CONTAINED WITHIN THE SERVICES OR ANY NESS CONTENT.  YOU SHOULD NOT RELY ON INFORMATION PROVIDED THROUGH THE SERVICES OR NESS CONTENT FOR MEDICAL ADVICE, AND SHOULD INSTEAD SEEK ADVICE DIRECTLY FROM A QUALIFIED PROFESSIONAL.

WE DO NOT MAKE ANY REPRESENTATIONS REGARDING, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THROUGH LINKS IN THE FOREGOING. WE DO NOT GUARANTEE THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED THEREFROM DO NOT CONTAIN VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS.  WE ARE NOT LIABLE FOR DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, NESS AND OUR DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OF BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICES OR NESS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES OR ANY NESS CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE FOREGOING DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

    14. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or any of the Services 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 the City of New York and County of New York, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service 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.

    15. Arbitration

At Ness’s sole discretion, we may require you to submit any disputes arising from these Terms of Service or your use any of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.

    16. Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or related to these Terms of Services or any of the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

    17. Waiver and Severability

No waiver by Ness of any term or condition set out in these Terms of Service 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 of Ness to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service continue in full force and effect.

    18. Entire Agreement

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Ness regarding the Site and Services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

    19. Your Comments and Concerns

The Services are operated by Ness Well, Inc.

All notices of copyright infringement claims should be sent to [email protected] in the manner and by the means set out in the above “Copyright” Section.  All other feedback, comments, requests for technical support, and other communications related to the Site or Services should be directed to: [email protected]

Ness Privacy Policy

Last Updated January 1, 2023

The Basics

Who We Are

Hello! We’re Ness Well, Inc. (“Ness”, “we”, “our”, or “us”), a Delaware public benefit corporation that is dedicated to promoting health and wellness.  We curate a health and wellness focused newsletter called Nessie Sightings, an online editorial publication called The Nessie, a credit card issued by The Bank of Missouri and services by Ness Well Financial, LLC (the “Ness Card”), the Ness Card mobile application (the “App”), and a health and wellness network of providers (“Provider Nesswork”). You can learn more about each of these on our website, www.nesswell.com (the “Site”). Collectively, we regard Nessie Sightings, The Nessie, the App,the Ness Card, the Provider Nesswork, the Site, our social media channels, and any related applications as Ness’s services (the “Services”).

We (and others acting on our behalf) are committed to respecting and protecting your privacy.  We will:

  • keep your information safe and private;
  • never sell your personal information; and
  • allow you to change your marketing choices at any time.

Why You Should Read This Notice

As you engage with any of our Services, you may share personal information with us.  This privacy policy (“Privacy Policy”) explains the types of information we collect and how we use it.  If you have any questions or concerns about our notice or our practices with regard to your personal information, please contact us at [email protected]. If you do not agree with any part of this Privacy Policy, you must not use our Services.

And review our Terms of Service, too, if you haven’t already!  You must agree with the Terms of Service, in addition to agreeing with this Privacy Policy, in order to use any of our Services.  Any capitalized terms not defined in this Privacy Policy shall have the same meaning given to them in the Terms of Service.

Now, onto the good stuff.

Information We Collect and How We Use It

The information we collect falls into the following categories:

  • Information you voluntarily provide to us
  • Information from your spending
  • Information from others
  • Information collected automatically from your browser or device
  • Cookies and other technologies
  • Information we have aggregated and anonymized

Information you voluntarily provide to us

When you sign up for Nessie Sightings, complete and submit any Ness surveys or forms, apply for the Ness Card, register to participate in the Provider Nesswork, or correspond with us (including via customer support), we collect and keep the information you provide.  This may include personal information like your name, email address, phone number, date of birth, social security number, educational background, other registration information, and details regarding your customer support inquiries.  We use this information to:

  • provide our Services;
  • improve our Services (e.g., making changes based on customer support inquiries);
  • meet our legal obligations and enforce our legal rights;
  • protect against fraud; and
  • keep you updated on the development of our Services.

With your consent (which you may withdraw at any time), we will also collect information from Apple Health, including exercise minutes, mindful minutes, sleep hours and number of steps, and biometric information. We use this information to:

  • provide our Services, including rewarding you for healthy actions and establishing additional security measures for accessing the App; and
  • improve our Services (e.g., adapting our product recommendations in ways that might interest you or improving how you collect and redeem rewards).

Information from other third parties

We may collect information from partners who help us provide our Services, such as wellness brands that provide you with discounts. We use this information to:

  • provide our Services;
  • improve our Services (e.g., offering new or different point redemption options); and
  • meet our legal obligations and enforce our legal rights.

With your express consent and only for the permissible purpose of evaluating your eligibility for the Ness Card or, if you are a provider, verifying your educational and professional background, we may obtain additional information about you from consumer reporting agencies.  We will use this information to assess your Ness Card application, including to conduct “soft” credit pulls and pre-qualify you for the card, or to assess your qualifications for inclusion in the Provider Nesswork, as applicable.

Also, with your express consent, we collect tokenized information regarding your bank account via a third-party data provider for purposes of enabling online bill pay.

Information collected automatically

When you visit or use our Services, we may collect certain information automatically, such as IP address, browser and device information, referring URLs, and information about how you are engaging with the Services (e.g., pages you explore in the App, errors you experience, etc.).  In addition, if you have enabled the required permissions, we may collect information about your location and your usage of notifications based on your interactions with them.  Information in this category does not reveal your specific identity.  We use this information to:

  • maintain the security and operation of our Services, including protecting against fraud;
  • improve the Services (e.g., fixing issues that are particular to certain devices or other technical circumstances); and
  • for analytics and reporting purposes.

Cookies and other technologies

We may utilize cookies and other technologies, such as web beacons (also known as “clear gifs” or “pixel tags”) to recognize you and analyze engagement with our Site.  Cookies are very small files placed on your computer, and they allow us to count the number of visitors to our Site and distinguish repeat visitors from new visitors.  They also allow us to track visitor trends.  If you do not want us to deploy cookies in your browser, you can opt out by setting your browser to reject cookies or to notify you when a website tries to put a cookie in your browser software.

Information we have aggregated and anonymized

We consider data to be anonymized when it is not associated with your name, email, phone, social security number, or any other piece of information that can be used to uniquely identify you.  We consider data to be aggregated when it is grouped with data of seven (7) users or more.  Information we collect that is aggregated and anonymized includes:

  • demographic information about our user population as a whole and as subsets, including how this population has engaged with our Services and/or partners, and
  • usage information, such as numbers of users who have engaged with a feature or the number of transactions that users have made at a particular merchant.

We use this information to:

  • provide our Services;
  • improve our Services (e.g., making changes to our Services based on engagement with particular features);
  • advertise (e.g., to identify new audiences based on their differences from our current user population);
  • meet our legal obligations and enforce our legal rights.

Our Legal Basis for Using Your Information

We use the information we collect, whether personal information or otherwise, based on legitimate business interests and/or consent.  More specifically, we use the information to:

  • Send you marketing and promotional emails. You can opt-out of receiving these at any time by clicking the unsubscribe link in the emails we send or contacting us.
  • Send you our newsletter, Nessie Sightings. You can opt-out of this at any time, too.
  • Provide our Services.
  • Develop additional products.

Whether We Share Your Information

We may share your information with vendors and other third-party service providers who perform services on our behalf and require access to such information to do that work.  Examples include third-party service providers that facilitate email delivery, marketing efforts, and data analysis.

We may also share aggregated and anonymized data in order to describe Ness to current and prospective business partners (including health and wellness brands you know and love).  As noted above, this information does not identify you personally.

Finally, we may share certain personal information such as your email address with Ness’ brand partners in order to provide you with certain offers. We will only do so with your express consent.

How Long We Keep Your Information

We keep your personal information for as long as it is necessary to fulfill the purpose(s) set out in this Privacy Policy, unless a longer retention period is legally required.

We Don’t Collect Information from Minors

We do not knowingly solicit data from or market to children under 18 years of age. If you are under 18, please do not give us any personal information.  If you have reason to believe that a minor under the age of 18 has provided us with personal information, please contact us, and we will endeavor to delete that information from our databases.

Controls for Do-Not-Track Features

Most web browsers and mobile operating systems include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.  We do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

Notice to California Residents

Ness is not currently subject to the California Consumer Privacy Act (“CCPA”) given the CCPA’s definition of “business.”  We may, however, become subject to the CCPA in the future as we grow. To that end, we strive to fulfill requests from California residents related to rights they have under the CCPA. Specifically, under the CCPA, California residents may submit a request to receive information about a business’s data collection practices with respect to their data. If you are a California resident, you may request the following regarding information we’ve collected in the preceding twelve (12) months:

  • The categories of personal information (as defined under the CCPA) we have collected about you;
  • The categories of sources from which the personal information was collected;
  • The business or commercial purpose(s) for collecting the personal information;
  • The categories of third parties with whom we share personal information (if any); and
  • The specific pieces of personal information we have collected about you.

You may also request that we delete your personal information. We strive to honor such requests, subject to certain exceptions outlined in the CCPA (e.g., information necessary to provide the Services to you or information we’re legally required to retain).

To make a request described in this section, email [email protected] with the subject line “California Resident Data Subject Request.” You must provide us with enough information to identify you and the information you are requesting. Once we receive your request, we may verify it by requesting additional information from you to confirm your identity.

We Might Change This Policy

We may update this Privacy Policy from time to time.  Any changes will be posted on our website, so we encourage you to check back frequently to stay informed of how we are protecting your personal information.

How to Contact Us

If you have questions about this Privacy Policy or the personal information we’ve collected about you, please contact us at [email protected]

Research Based

This article was rigorously researched and fact checked. We use peer-reviewed journals and reputable medical sources (think: CDC, WHO, NIH, and the like) to back up every claim we make, and also reach out to experts in the field to ensure we’re covering things the right way. We apply these principles to everything we cover—including brands we partner with—and we’ll always disclose sponsorships, ads, and any kind of financial relationship with anything featured on The Nessie. You deserve the best, most straightforward information on health and wellness, and we think this is the right way to do it. You can read more about our testing and review process here.

If something doesn’t seem quite right, let us know at [email protected].