Step Black Deposit Program Custodial Agreement
STEP BLACK DEPOSIT PROGRAM CUSTODIAL AGREEMENT
STEP BLACK DEPOSIT PROGRAM CUSTODIAL AGREEMENT
This Step Black Deposit Program Custodial Agreement (“Program Agreement”) is pursuant to and hereby incorporates by reference the terms and conditions of the Step Visa Card and Secured Account Agreement (“Account Agreement”), except to the extent modified or supplemented below. Any such modifications or supplements are for the purpose of this Program Agreement only and shall not affect the Account Agreement or any other agreement.
Through this Program Agreement, you agree to participate in the Step Black Deposit Custodial Program (the “Program”) offered through Step Mobile, Inc. (“Step” or “us”) and agree to be bound by the terms and conditions set forth below. If you have any questions about any provisions of this Program Agreement, please contact us at support@step.com.
INTRODUCTION
Pursuant to the terms of this Program Agreement, you agree to appoint Evolve as your agent and custodian for the purpose of depositing your funds held in your Evolve Secured Account (“Secured Account”) into deposit accounts (“Deposit Accounts”) at one or more other FDIC-insured banks (each, a “Program Bank”) as set forth on a list provided to you (“Bank List”). In addition, you agree to open a custodial account at Evolve (“Custodial Account”), which may be used to facilitate deposits to and withdrawals from the Deposit Accounts.
When you deposit funds through the Program, your funds will be deposited into your Secured Account or will be deposited by Evolve, as your agent and custodian, into Deposit Accounts at one or more Program Banks. As your custodian, Evolve will maintain records of your Deposit Accounts at each Program Bank.
Your funds at Evolve and at each Program Bank are eligible for FDIC insurance coverage up to $250,000 for each insurable capacity in which your Deposit Account is held (e.g., individual account, joint account, etc.) (the “Deposit Limit”).
Funds in your Secured Account may exceed the Deposit Limit. As your agent and custodian, Evolve may also place your funds in an amount greater than the Deposit Limit in any Program Bank. Amounts in excess of the Deposit Limit in the Secured Account at Evolve may be deposited at one or more Program Banks. However, amounts in excess of the Deposit Limit at Evolve or any Program Bank will not be covered by FDIC insurance; any amount in excess of the Program Insurance Eligibility Limit may be deposited at Evolve or Program Bank acting as an “Excess Bank” (as set forth on the Bank List) for such amount, and such amounts may not be covered by FDIC insurance.
Any deposits (including certificates of deposit) that you maintain in the same insurable capacity directly with Evolve, a Program Bank or through an intermediary (such as a broker), regardless of the number of accounts, will be aggregated with funds in your Secured Account, Deposit Account, Custodial Account or any other account at Bank, or a Program Bank for purposes of the Deposit Limit. You are responsible for monitoring the total amount of deposits that you have with Evolve and each Program Bank in order to determine the extent of FDIC insurance coverage available to you.
The Deposit Accounts are solely the obligations of the Program Banks, and neither directly nor indirectly obligations of Evolve or Step. You will not have a direct relationship with the Program Banks. All deposits and withdrawals will be made by Evolve on your behalf. Information about your Deposit Accounts may be obtained from Step or Bank, not the Program Banks.
All communications regarding the Program, including periodic statements and notices regarding changes to the Program, are the responsibility of Step, and not Evolve or the Program Banks. If you have any questions regarding your Deposit Accounts, please contact Step at support@step.com.
The terms and conditions of the Program, and any feature of the Program, may be varied at Evolve’s sole discretion. Evolve, in its sole discretion, may make exceptions to the terms and conditions of the Program Agreement.
APPOINTMENT OF EVOLVE AS YOUR AGENT AND CUSTODIAN
You appoint Evolve, and Evolve agrees to be appointed, as your agent and custodian to hold in safekeeping all Deposit Accounts at Program Banks. You authorize Evolve to execute and deliver or file on your behalf all appropriate receipts, agreements, releases and other instruments, including whatever agreements may be required to establish and maintain the Deposit Accounts or to establish your ownership interest in the Deposit Account. You appoint Evolve to act as your agent with respect to establishing, maintaining and administering the Deposit Accounts, and you authorize Evolve to take any action necessary to establish, maintain and administer the Deposit Accounts and to initiate transfers to and from your Deposit Account, Custodial Account and Secured Account.
You agree that Evolve, as your agent, may place any or all of your funds on deposit with Evolve at one or more Program Banks in an amount determined in Evolve’s sole discretion based on available capacity at the Program Bank or other criteria, including rates or fees paid on deposits by the Program Bank to Evolve. Evolve may place your funds in excess of the Program Insurance Eligibility Limit without regard to whether such funds may exceed the Deposit Limit at one or more Program Banks, even if your funds could be placed in one or more Program Banks in an amount less than the Deposit Limit.
Evolve may financially benefit if it places your funds into a Program Bank in excess of the Deposit Limit when that Program Bank pays a greater amount of fees to Evolve than other Program Banks that could accept your deposits in amounts under the FDIC insurance limit. Please carefully read the section entitled “Waiver of Conflicts” below.
You authorize Evolve to collect and retain all interest and other payments of income or principal pertaining to the Deposit Accounts (if any) and to deliver or transfer the funds on deposit in the Deposit Accounts to another account with Evolve, including your Secured Account, to process any transactions or transfersEvolve as you may from your Secured Account. As your agent, you authorize Bank to determine the amount of funds to deposit in and withdraw from each Deposit Account.
You agree that Bank, in its sole discretion, may divide the funds deposited into your Account into one or more separate Sub-Deposit Account to be managed by Bank.
You agree that Evolve may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant or other legal process that Evolve believes (correctly or otherwise) to be valid. Evolve may notify you of such process by telephone, electronically or in writing. If Evolve is not fully reimbursed for its record research, photocopying and handling costs by the party that served the process, Evolve may charge such costs to your Deposit Account, in addition to any minimum fee Evolve may charge for complying with legal processes.
You agree that Evolve may honor any legal process that is served personally, by mail, or by facsimile transmission at any of Evolve’s offices or an office of Evolve’s agent (including locations other than where the funds, records or property sought is held), even if the law requires personal delivery at the office where your Deposit Account or records are maintained.
You agree that Evolve may provide your name, tax identification number and other pertinent identifying information to Program Banks, and other parties providing services in connection with the placement of your funds and the establishing and holding the Sub-Deposit Account.
You agree that Evolve shall have no liability to you for any action taken or omitted by Evolve hereunder in good faith, unless required by applicable law.
You agree to indemnify Evolve and its nominees against, and to hold Evolve and its nominees harmless from, all expenses (including counsel fees), liabilities and claims arising out of the holding, delivery or transfer of the Deposit Accounts and compliance with any legal process that Evolve believes (correctly or otherwise) to be valid.
OPERATION OF THE PROGRAM
Accounts at Evolve
You agree to establish both a Deposit Account and a Custodial Account at a Program Bank. Please read the section titled “Your Relationship with Evolve and the Program Banks” below. In connection with any funds placed through the Program, we may also open a Custodial Account to facilitate transfers of funds to and from your Account.
Accounts at Program Banks
Evolve, as your agent, will open one or more Deposit Accounts on your behalf at the Program Banks on the then-current Bank List and act as your custodian for the Deposit Accounts. At some Program Banks, Evolve may open a money market deposit account (“MMDA”) and a transaction account (“TA”); at other Program Banks, Evolve may open a TA only. Each MMDA and TA are considered a Deposit Account. The Deposit Account may not be transferred to another institution, except by Evolve or the Program Bank.
Program Bank List
The Bank List of available Program Banks into which your funds may be deposited is available on Evolve’s website at: https://www.getevolved.comopenbanking/fdic-insured-sweep-program/ or by contacting Step at support@step.com.
The Bank List may include one or more Program Banks that constitute Excess Banks; Evolve may deposit your funds which are in excess of the Deposit Limit at an Excess Bank without limit and without regard to Deposit Limit if funds sufficient to meet the Program Insurance Eligibility Limit have been placed at one or more Program Banks. If all of your funds are withdrawn from a Program Bank, the next time your funds are available for deposit in a Program Bank, your funds may be deposited in a different Program Bank.
You may at any time with reasonable advance notice to us at support@step.com, designate a Program Bank as ineligible to receive your funds. In addition, you may at any time instruct Evolve to remove your funds from a Program Bank, close your Deposit Accounts with the Program Bank and designate the Program Bank as ineligible to receive future deposits. Any funds from a closed Deposit Account will be deposited into Deposit Accounts at another Program Bank set forth on the Bank List, as amended by you, or if no other Program Bank is eligible, the funds will be deposited into your Account at Bank. For example, if you maintain other accounts at a Program Bank on the list separate from the Program, you may wish to designate this Program Bank as ineligible to avoid the aggregation of funds in your account(s) held directly with funds deposited through the Program as the combination of funds may exceed the amount of available FDIC insurance coverage at that Program Bank. If you designate all Program Banks as ineligible, Evolve will return funds to your Secured Account and may, in Evolve’s discretion and in accordance with law, close your Secured Account and any Deposit Account opened specifically for you.
FDIC Deposit Insurance
In general, Evolve will retain at Bank the first $250,000 of your funds deposited into the Secured Account, which will be eligible for FDIC insurance up to the maximum legal amount provided for by the FDIC. Evolve may place your funds in excess of $250,000 at Program Banks as your agent in a manner that enables up to $250,000 in FDIC insurance at each Program Bank (up to an aggregate amount of $1,000,000 across multiple Program Banks) or such other greater amount as may be disclosed to you by us from time to time to be eligible for FDIC insurance through the Program (such amount, the “Program Insurance Eligibility Limit”). For example, if you deposit $1,000,000 into your Secured Account (and have no pending Secured Account transactions), Evolve will retain the first $250,000 of that deposit in your Secured Account held at Bank. The excess amount over the $250,000 will be placed at Program Banks (each such Program Bank to receive $250,000). From time to time, Evolve may increase the amount of available FDIC insurance through the Program, and you will be notified by Step of such an increase. Any other deposits you have at the Program Banks outside of the Program may reduce FDIC insurance coverage of your deposits through the Program. Moreover, if you have designated one or more Program Banks as ineligible to receive your funds, the amount of FDIC insurance for which your funds are eligible may be limited. The depositing of your funds into the Deposit Account may not increase your FDIC deposit insurance coverage, and may in fact reduce insurance coverage depending on any other deposits you may maintain at a Program Bank.
Changes to Bank List
One or more of the Program Banks included on the Bank List may be replaced with a Program Bank not previously included on the Bank List or a Program Bank may be deleted from the Bank List. Step will notify you if the Bank List has changed.
Continued use of your Secured Account and/or the Program after receipt of the initial Bank List or notice of subsequent changes to such list will constitute your consent to such list.
An increase in the number of Program Banks in the future may not increase the potential FDIC coverage available in the Program, and there can be no assurance that additional Program Banks will be added or your FDIC insurance coverage will increase. A decrease in the number of Program Banks in the future could decrease the potential FDIC coverage available in the Program. Bank may make deposits and/or withdrawals to or from Program Banks set forth on the Bank List in order to process any transaction in connection with your Secured Account or as otherwise determined by Evolve, including to ensure sufficient funds in your Secured Account.
You agree that deposits and withdrawals of your funds made after a change to the Bank List will occur as described below under “Deposit Procedures” and “Withdrawal Procedures,” respectively.
If a Program Bank at which you have funds in a Deposit Account(s) no longer makes the Deposit Account(s) available through the Program, you may establish a direct depository relationship with the Program Bank, subject to its rules with respect to establishing and maintain deposit accounts. If you elect to establish a direct relationship with a Program Bank, neither Step nor Evolve will have any further responsibility with respect to your Deposit Account. Unless you establish notify us that you are electing to establish a direct depository relationship with the Program Bank, your funds will be transferred to another Program Bank on the Bank List on or about the day that the Program Bank leaves the Program or return funds to your Secured Account.
Deposit Procedures
You agree that Evolve, as your agent, may open one or more Deposit Accounts on your behalf at one or more of the Program Banks on the then current Bank List. If Evolve has opened both an MMDA and a TA at a Program Bank, all deposits will be made into your MMDA and/or TA, subject to six (6) monthly withdrawal limits applicable to MMDA.
You agree that Evolve, as your agent, may place your funds at one or more Program Banks without limit and without regard to the Deposit Limit. You agree that Evolve will place your funds based on each Program Bank’s available capacity or other criteria, including rates paid by Program Banks on Deposit Accounts or fees paid to Evolve. Please see the section titled “Waiver of Conflicts” for additional information.
You understand and agree that deposit amounts in excess of the Deposit Limit at a Priority Bank and deposit amounts at an Excess Bank will not be insured by the FDIC.
Periodically, your previously deposited funds may be reallocated among the Program Banks on a revised Bank List based on each Program Bank’s available capacity or other criteria, including rates paid by Program Banks on Deposit Accounts or fees paid to Evolve.
You understand and agree that it is your obligation to monitor your funds deposited at all Program Banks. You may email Step at any time at support@step.com to determine your Deposit Account balances at each Program Bank.
Withdrawal Procedures
You agree that all withdrawals will be made by Evolve as your agent. Funds may be withdrawn from Program Banks based on a Program Bank’s available capacity or other criteria, including, but not limited to, rates or fees paid by Program Banks on Deposit Accounts to Evolve. Funds may also be withdrawn from your Deposit Account to fund transactions associated with your Secured Account or to ensure Secured Account maintains a sufficient balance.
If you have an MMDA and a TA at a given Program Bank, all withdrawals will be made from the TA. If funds in the TA at a Program Bank from which funds are being withdrawn are insufficient, funds in the related MMDA at that Program Bank will be transferred to the TA, plus funds to maintain any TA minimum, or “threshold,” amount.
At any point during a month in which transfers from an MMDA at a Program Bank have reached a total of six (6), all funds will be transferred from that MMDA to the linked TA at the Program Bank until the end of the month. Deposits for the remainder of the month into this Program Bank will be made to the TA. At the beginning of the next month, funds on deposit in the TA will be transferred to the MMDA, minus any threshold amount to be maintained in the TA. The limits on MMDA transfers will not limit the number of withdrawals you can make from funds on deposit at a Program Bank or the amount of FDIC insurance coverage for which you are eligible.
Pursuant to federal banking regulations, the Program Banks may reserve the right to require seven days prior written notice before you withdraw or transfer funds from an MMDA. The Program Banks have indicated that they have no present plans to exercise this right. TAs are not subject to this restriction.
Interest Rates Paid on Deposit Balances
You will not be paid interest rates on your Deposit Accounts. Your Secured Account is not an interest-bearing account and you will not be paid interest or any other form of income on your funds held in any Deposit Account. You agree that Evolve and/or Step may retain any payments made by Program Bank in connection with any funds placed under this Program Agreement.
Waiver of Conflicts
You understand and agree that Evolve, as your agent, may place any or all of your funds on deposit with Evolve at one or more Program Banks in an amount determined in Evolve’s sole discretion based on available capacity at the Program Bank or other criteria, including rates paid on deposits by the Program Bank or fees paid to Evolve.
You understand and agree that Evolve has no obligation to place funds into Program Banks to maximize the amount of deposit insurance available in excess of the Program Insurance Eligibility Limit on your funds or to maximize any interest rates that your funds may earn. Evolve may place your funds in excess of the Program Insurance Eligibility Limit without regard to whether such funds may exceed the Deposit Limit at one or more Program Banks, even if your funds could be placed in one or more Program Banks in an amount less than the Deposit Limit.
You understand and agree that the Program Banks may pay fees to Evolve and that Evolve has no obligation to share these fees with you. You understand and agree that Evolve may financially benefit if it places your funds into a Program Bank in excess of the Deposit Limit when that Program Bank pays a greater amount of fees to Evolve than other Program Banks that could increase the deposit insurance available to you.
Evolve’s placement of funds in the Deposit Account may reflect considerations of federal and state law, Evolve’s funding needs and funding needs of Program Banks, general economic conditions or other factors determined by Evolve in its sole discretion. Evolve may place funds to enhance its business objectives and for balance sheet management purposes without any benefit to you. Subject to applicable law, your only rights with respect to the Deposit Account are to demand that Evolve repay you all amounts in your Deposit Account that were deposited with Evolve and those transferred to the Custodial Account from your Deposit Account.
Information About Your Accounts
Although there are two or more accounts associated with your funds (the Secured Account and the Deposit Account), your Secured Account is treated as a single account for our reporting deposits and withdrawals, transfers to and from the Deposit Account will not appear on your monthly statement. You may email Step at any time at support@step.com to determine your Deposit Account balances at each Program Bank.
You will receive, from time to time, periodic information which will reflect the opening and closing balances of the Deposit Accounts at each Program Bank for the applicable period.
YOUR RELATIONSHIP WITH EVOLVE, AND THE PROGRAM BANKS
Evolve will act as your agent and custodian in establishing the Deposit Accounts at each Program Bank, depositing funds into the Deposit Accounts, withdrawing funds from the Deposit Accounts and transferring funds among the Deposit Accounts.
Deposit Account ownership will be evidenced by a book entry on the account records of each Program Bank (or by Evolve on behalf of Program Bank) and by records maintained by Evolve as your custodian. No evidence of ownership, such as a passbook or certificate will be issued to you. You may at any time obtain information about your Deposit Accounts by contacting us through the Step at support@step.com.
You agree that all transactions with respect to your Deposit Accounts must be directed by Evolve and all information concerning your Deposit Accounts must be obtained from Evolve through Step. You agree that the Program Banks have no obligation to accept instructions from you with respect to your Deposit Accounts or to provide you with information concerning your Deposit Accounts.
If you decide to terminate your participation in the Program, you may request to have your Deposit Accounts established in your name at each Program Bank, subject to each Program Bank’s rules with respect to establishing and maintaining deposit accounts and, neither Step nor Evolve will have any further responsibility or obligation with respect to your Deposit Account or such termination will result in return of funds in accordance with subsection F (Termination), below.
Each Deposit Account constitutes an obligation of a Program Bank and is not directly or indirectly an obligation of Evolve. You can obtain publicly available financial information concerning each Program Bank at www.ffiec.gov/nicpubweb/nicweb/nichome.aspx, by contacting the FDIC Public Information Center by mail at L. William Seidman Center, Virginia Square, 3501 North Fairfax Drive, Arlington, Virginia 22226, or by phone at 703-562-2200.
Evolve does not guarantee in any way the financial condition of any Program Bank or the accuracy of any publicly available financial information concerning any Program Bank.
Fees
You understand and agree that each Program Bank will pay Evolve a fee in connection with the Program, and Evolve may pay Step a fee in connection with its support of the Program. The fee may vary between banks. Even if Evolve receives a fee from a Program Bank, you may not be entitled to such fee. There will be no other charges, fees or commissions for your participation in the Program.
In addition, other service providers may receive fees from each Program Bank and Evolve may receive a portion of the fee paid to Evolve by the Program Banks.
Changes to the Program
You agree that Evolve may modify the terms and conditions of the Program, including changing, removing or adding Program Banks offered therein. All notices of material changes to the Program may be communicated by a posting on our website, letter, a separate electronic or written communication, a note on a periodic statement or other means.
INFORMATION ABOUT THE FDIC
Deposit Insurance: General
Your Deposit Accounts (including principal and accrued interest) are insured by the FDIC, an independent agency of the U.S. Government, up to $250,000 for all deposits held in the same insurable capacity as recognized by the FDIC at any one bank. According to the FDIC, no depositor has ever lost a penny of FDIC-insured funds.
Your funds become eligible for FDIC insurance immediately upon placement into your Deposit Account at a Program Bank. Generally, any accounts or deposits that you maintain directly with a particular bank, or through any other intermediary, in the same insurable capacity in which the accounts or deposits are maintained would be aggregated with the accounts or deposits for purposes of the $250,000 Deposit Limit.
You are responsible for monitoring the total amount of deposits that you hold with any one bank, directly or through an intermediary, in order to determine the extent of FDIC insurance coverage available to you on your deposits. Step is not responsible for any insured or uninsured portion of any deposits.
In the event a Program Bank fails, your funds in the Deposit Accounts at that Program Bank are insured, up to $250,000, for principal and interest accrued to the day the Program Bank is closed.
Under certain circumstances, if you become the owner of deposits at a Program Bank because another depositor dies, beginning six months after the death of the depositor the FDIC will aggregate those deposits for purposes of the $250,000 Deposit Limit with any other deposits that you own in the same insurable capacity at the bank. Examples of deposit accounts that may be subject to this FDIC policy include joint accounts, “payable on death” accounts and certain trust accounts. The FDIC provides the six-month “grace period” to permit you to restructure your deposits to obtain the maximum amount of deposit insurance for which you are eligible.
In the event that FDIC deposit insurance payments become necessary, payments of deposits will be made to Evolve as your custodian. There is no specific time period during which the FDIC must make insurance payments available. Evolve will be obligated to you for amounts not covered by deposit insurance nor will Evolve be obligated to make any payments to you in satisfaction of a loss you might incur as a result of a delay in insurance payouts. Evolve will not be obligated to credit your account with funds in advance of payments received from the FDIC.
Furthermore, you may be required to provide certain documentation to the FDIC before insurance payments are made. For example, if you hold deposits as trustee for the benefit of trust participants, you may be required to furnish affidavits and provide indemnities regarding an insurance payment.
If your balance in your Deposit Accounts are assumed by another depository institution pursuant to a merger or consolidation, such deposits will continue to be insured separately, up to the FDIC insurance coverage limits and subject to the terms hereunder, from the deposits that you might have established with the acquiring institution until (i) the maturity date of any time deposits (including certificates of deposit) that were assumed, or (ii) with respect to deposits that are not time deposits, the expiration of a six month period from the date of acquisition. Thereafter, any assumed deposits will be aggregated with your existing deposits with the acquiring institution held in the same capacity for purposes of FDIC insurance coverage. Any deposit opened at the acquiring institution after the acquisition will be aggregated with deposits established with the acquiring institution for purposes of FDIC insurance coverage.
If you have questions about basic FDIC insurance coverage, please contact us. You may wish to seek advice from your own attorney concerning FDIC insurance coverage of deposits held in more than one insurable capacity. You may also obtain information by contacting the FDIC, Deposit Insurance Outreach, Division of Depositor and Consumer Protection, by letter (550 17th Street, N.W., Washington, D.C. 20429), by phone (877- 275-3342 or 800-925-4618 (TDD)), by visiting the FDIC website at: https://www.fdic.gov/deposit/index.html, or by email using the FDIC’s Online Customer Assistance Form available on its website.
TERMINATION
Your participation in the Program may be terminated without penalty at any time at the option of either you or Evolve. You may also opt-out. Any termination will result in closing of any Deposit Accounts opened specifically for you. Following opt-out or termination of your participation in the Program, Evolve may, if applicable, transfer the funds from your Deposit Accounts at Program Banks to your Secured Account, in which case any funds in excess of $250,000 in your Account will not be covered by FDIC insurance, or, at its sole discretion, terminate your Secured Account and return your funds in accordance with applicable laws and regulations.
MISCELLANEOUS
This Program Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, you may not assign this Program Agreement to any person without Bank’s written consent.
This Program Agreement and your Account Agreement shall be read together as one agreement. If there is a conflict in terms set forth under this Program Agreement and your Account Agreement, the Account Agreement will control to the extent the conflict relates to the Secured Account.
All Deposit Accounts are opened from our location in the State of Tennessee, and all Deposit Accounts and all property in such accounts are subject to Tennessee law. All actions relating to any Deposit Account, including under this Agreement, will be governed by the laws and regulations of the United States and the State of Tennessee (to the extent that laws of the State of Tennessee are not preempted by federal law). Federal law and the laws of the State of Tennessee shall be applied without giving effect to principles of conflicts of law.
To the extent any dispute arising under this Program Agreement or relating in any way to any Deposit Account or your relationship with Evolve or Step is not arbitrated pursuant to the terms of your Step Account Agreement, you consent to the jurisdiction of, and agree that such dispute will be resolved by, the federal or state court located in Shelby County, Tennessee.
If Evolve or Step fails to exercise or waive a right with respect to any Deposit Account or Custodial Account on one or more occasions, it does not mean that they have waived, or are obligated to waive, the same right on any other occasion. Evolve and/or Step may release any other person obligated under this Program Agreement without affecting your responsibilities under this Program Agreement. In any event, no such waiver or delay by Evolve and/or Step is effective unless it is in writing and approved by Evolve and Step.
The Deposit Accounts and Custodial Accounts are not transferable and are not assignable as collateral for a loan or for any other purpose other than, as applicable, to your Secured Account for any loans obtained through Step.
You authorize Evolve and Step to share information about you and the Deposit Accounts with their affiliates, Program Banks and third parties, unless applicable law or our Privacy Policy prohibits Evolve or Step from doing so. Please see Step’s Privacy Policy for your choices about information sharing.
In the event that any court or tribunal of competent jurisdiction determines that any provision of this Program Agreement is illegal, invalid, or unenforceable, the remainder of this Program Agreement shall not be affected thereby. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders unenforceable any provision hereof, and to the extent that such waiver is not permitted by applicable law, the parties intend that such provision be interpreted as modified to the minimum extent necessary to render such provision enforceable.
The headings in this Agreement are only for convenience and do not in any way limit or define your, Evolve’s or Step’s rights or obligations under this Agreement. This Agreement will be binding on your personal representatives, executors, administrators, and successors.