Terms of Use

1. Definitions
2. General
3. Changes
4. Eligibility
5. Requirements
6. Grant of Rights
7. Product and Third Party Service Terms
8. Terms Specific to Account Linking
9. User Content
10. Information Made Available Through This Service or Third-Party Sites
11. Acceptable Use
12. Termination
13. Protecting Your Devices and User Account
14. Warranties; Disclaimers
15. Indemnity; No Liability
16. System Outages, Slowdowns and Capacity Limitations
17. Marks, App and Content
18. DMCA Notice - How to Provide Notice of Alleged Copyright Infringement
19. Dispute Resolution
20. New Jersey State Disclosure
21. Additional Technology
22. Severability / No Waiver
23. Applicable Law
24. Filtering
25. Accessibility
26. Contact Us
27. Export Controls
28. Apple-Specific Terms
29. Patriot Act

SECTION 1. Definitions

“App” means the Marcus by Goldman Sachs mobile app (together with any Products and Third Party Services available therein, and any related or successor app(s) thereto).

“Goldman Sachs,” “we,” “us” or “our” means Goldman Sachs Bank USA and its affiliates, agents and assigns worldwide.

“Notice Address” means Marcus by Goldman Sachs, P.O. Box 45400, Salt Lake City, UT 84145-0400.

“Products” means the Online Savings Accounts and Certificate of Deposit Accounts (each an “Account”), credit cards, including consumer and commercial cards, loans, and other financial education information and materials, and any other products or services provided through the Service, including any application or information relating to such products or services. The term “Products” does not include Third Party Services offered through the Service.

“Service” means the App together with the Site.

“Site” means the Marcus by Goldman Sachs site currently located at https://www.marcus.com (together with any Products and Third Party Services available therein, and any related or successor website(s) thereto, including blogs, forums or other discussion or informational websites).

“Terms” means these Terms of Use, including any additional terms and conditions made available by us through the Service, or otherwise made available to you by us.

“Third Party Services” means those products and services provided by a third party provider that we may make available to you through the Service.

“You” or “your” means any user of the Service. 

When the word “including” or “includes” are used in these Terms they mean “including but not limited to” or “includes but is not limited to.” 

SECTION 2. General

a. By downloading the App, accessing and/or using the Service, you are agreeing to these Terms. These Terms apply to any use by you of the Service. For example, these Terms apply: (1) when you download the App to a device, even if you don’t register to use the App; (ii) when you access or use the Service on a computer or device, even if you don’t register to use the Service; (iii) when you register as a user of the Service; or (iv) when you sign up for one or more Products or Third Party Services. If you sign up for a Product or Third Party Service, you may be required to acknowledge and agree to be bound by additional terms and policies for that Product or Third Party Service. To the extent there is a conflict between these Terms and the terms of any Product or Third Party Service, the terms of the Product or Third Party Service will govern.

b. You agree to provide accurate, current and complete information when you register as a user of the Service and when you sign up for a Product or Third Party Service. You further agree to promptly update Your Personal Information (defined below) when it changes.

c. Some functionality of the Service (including Third Party Services) will involve the collection and transmission of information that personally identifies you (including information that we obtain directly from your computer or device) or your Account Information (as defined below) (collectively “Your Personal Information”). Please review our Privacy Policy and Privacy Notice and any privacy notice or disclosure relating to the Product or Third Party Service you apply for or obtain through the Service for more information about how we or our third party providers collect, use and share Your Personal Information.

d. Your email address will be your user ID and your password will be one or more authentication devices (including alphanumeric codes) associated with such user ID (collectively, “Access Credentials”) that we may require for access to the Service. We reserve the right to terminate, suspend, or change any user ID(s) or password(s) at any time with or without notice. We may also enable your Access Credentials to be used for access to other websites or apps of ours or our affiliates.

e. We may offer the option to log into the App using biometric authentication, including facial and fingerprint recognition. You can turn this feature on or off via the settings menu within the App. Biometric information is stored on Your Device only, and we never see your biometric information. You acknowledge and agree that by enabling biometric authentication, you will allow anyone who has biometric information stored on Your Device access to the Service on the App.  We reserve the right to suspend or disable this feature at any time.

f. Your use of the Service may be monitored by us, and the resultant information may be used by us for our internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organization.

SECTION 3. Changes

We reserve the right, at any time without notice to you and in our sole discretion, to change or discontinue all or any portion of the Service, the availability of any Products or Third Party Services, or these Terms. We may modify these Terms from time-to-time by notifying you of such modifications by any reasonable means, including by posting revised Terms through the Service. Continued access to or use of the Service or the applicable Products or Third Party Services following such modifications constitutes your acceptance of those modifications. Any such modifications will not apply to any dispute between you and us arising prior to the date of your acceptance of the modified Terms.

SECTION 4. Eligibility

Any natural person using the Service must be at least 18 years of age. The Service may only be used in the United States, including its territories, or on a United States military base. The Service is controlled or operated (or both) from the United States, and is not intended to subject us to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time and without notice, in whole or in part, to any person, geographic area or jurisdiction that we choose.

SECTION 5. Requirements

To use the Service and to view documents presented in connection with certain of our Products, you will need:

a. A Current Version (defined below) of an Internet browser we support or a Current Version of the App;

b. A connection to the Internet;

c. A Current Version of a program that accurately reads and displays PDF files (which may be either a browser that supports native PDF rendering or a program such as Adobe Acrobat Reader); and

d. A computer or electronic device and an operating system capable of supporting all of the above (“Your Device”). 

By “Current Version,” we mean a version of the software that we support and that is currently being supported by its publisher or the applicable platform (e.g., Apple’s iOS). We support the Current Version and, for a period of time (at least three months), the version immediately prior to the Current Version of Firefox, Google Chrome, Microsoft Internet Explorer, Microsoft Edge, Safari, iOS and Android. 

As permitted by and in accordance with applicable law, we reserve the right to discontinue support of a Current Version of software for any reason, including our opinion that it suffers from a security or other flaw that makes it unsuitable for use with the Service. 

If you make unauthorized modifications to Your Device, such as by disabling hardware or software controls (for example, through a process sometimes referred to as “jailbreaking”), or use a virtual private network, Your Device may no longer be eligible to access or use the Service and we reserve the right to deny or limit your access to the Service and to assert any other remedies available to us under these Terms.

SECTION 6. Grant of Rights

The Service is not sold to end users. Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited and revocable right to access and use the Service for your own use and not for any commercial or business purpose, except as relates to relationships between you and us (“Your License”).

SECTION 7. Product and Third Party Service Terms

a. We may, from time-to-time and subject to these Terms, make Products available to you through the Service, including the features and services described below. The Service may provide Product listings, descriptions and images of goods or services or related coupons or discounts, as well as references and links to such Product. Products may be made available for any purpose, including general informational purposes.

1. Credit Cards; Business Loans. All credit cards and business loan Products provided through the Service are issued by Goldman Sachs Bank USA, Salt Lake City Branch. 

i. California Residents. A married applicant may apply for a separate loan or account.

ii. Ohio Residents. The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. 

iii. Married Wisconsin Residents (consumer-purpose products only). If you are married, you confirm that any credit application you make is made in the interest of your marriage or family. If you are married and the consumer credit product for which you are applying is subject to the Wisconsin Consumer Act, you confirm that: (1) no provision of a marital property agreement, unilateral agreement, or court decree under the Wisconsin Marital Property Act will adversely affect our interest unless, prior to the time credit is granted, we are furnished a copy of that agreement, statement, or decree or we have actual knowledge of the adverse provision when the obligation to us is incurred; and (2) you understand and agree that we will provide a copy of any credit agreement to your spouse for his or her information. If the credit for which you are applying is granted, you agree to notify us if you have a spouse by sending us your name and your spouse’s name and address at our Notice Address, Attention: Wisconsin Resident.

iv. Married Wisconsin Residents (business-purpose products only). If you are married, you confirm that (1) although the extension of credit is for the business purposes of the applicant borrower only and is not for a consumer purpose, if you (a) are an applicant borrower who is a sole proprietor and/or (b) become a guarantor to this transaction, you covenant that this obligation will be incurred in the interest of your marriage or family and for the benefit of your marital community; and (2) no provision of any marital property agreement or court decree under the Wisconsin Marital Property Act will adversely affect our interest unless, prior to the time credit is granted, we are furnished a copy of that agreement or decree.

v. New York City Residents. Goldman Sachs Bank USA conducts its U.S. direct lending businesses including loans and credit cards in English and does not provide translation or language assistance service in any other language, except for the credit card business. For the credit card business, Goldman Sachs Bank USA offers translation services via telephone. The New York City Department of Consumer Affairs provides a translation and description of commonly-used debt collection terms in multiple languages on its website www.nyc.gov/dca.

vi. New Jersey Residents. None of the terms in these Terms is unenforceable under New Jersey law.

vii. Texas Residents. All loan agreements in which the amount involved exceeds $50,000 must be in writing and signed by you or your authorized representative to be enforceable. Please refer to the Texas Business and Commerce Code Notice to Borrowers found here for further information. This requirement does not apply to credit card accounts.     

2. Savings. All Accounts (Online Savings Accounts and Certificate of Deposit Accounts as defined above) offered on and that may be accessible through the Service are held by Goldman Sachs Bank USA, Salt Lake City Branch Member FDIC.

i. If you are an Account owner, you may use the Online Banking portion of the Service to access your Account, transfer funds to and from your Account, and perform other actions related to your Account, provided you have created credentials and been authenticated. In the case of a joint Account, each joint owner must separately create his/her own credentials. Your use of the Online Banking portion of the Service is governed by these Terms, as well as the Deposit Account Agreement, including Section XI. Online Banking. As applicable to your Accounts and the Online Banking portion of the Service, if these Terms conflict with the Deposit Account Agreement, unless specially stated otherwise in the other agreement, the other agreement will control.

ii. You may cancel your access to the Online Banking portion of the Service by calling us toll-free at 1-855-730-SAVE (1-855-730-7283).

iii. We may suspend, terminate, or limit your use of the Online Banking portion of the Service for any reason and without notice, except as may be required by law.   

b. We may also, from time-to-time, make Third Party Services available to you through the Service. We do not control or endorse, nor are we responsible for, any Third Party Services, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Services, or any intellectual property rights therein. Nothing in these Terms shall be deemed to be a representation or warranty by us with respect to any Third Party Services. We have no obligation to monitor Third Party Services, and we may block or disable access to any Third Party Services (in whole or part) through the Service at any time. In addition, the availability of any Third Party Services through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Service, nor does such availability create any legal relationship between you and any such provider. YOUR USE OF ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICE (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDER OF SUCH THIRD PARTY SERVICE). Refer also to Section 10 of these Terms for more information about Third Party Sites.

SECTION 8. Terms Specific to Account Linking

a. By linking any of your accounts or information held by us or any third parties to the Service, such as by choosing to link an account to the Service (a “Linked Account”), you authorize and direct us and/or our Data Providers (defined below) to access Third Party Sites, databases and other services relating to the Linked Account, to verify your ownership of and other information about your account, and to access, retrieve and use your account information or other information you direct us to access on an ongoing basis (“Account Information”). We may connect directly to a financial institution or use the services of a third party provider, including Plaid Inc., to access your Account Information, (these third parties are referred to as “Data Providers”). In some situations, this may include (i) authorizing us (either directly or through our Data Provider) to provide your account login credentials or other information and (ii) granting us (either directly or through our Data Provider) full power and authority to take any additional steps, all as necessary to access, retrieve and use your Account Information in accordance with these Terms and our Privacy Policy. You acknowledge and agree that (iii) when we or our Data Provider access, retrieve and use Account Information, we are acting as your agent, and not as the agent of or on behalf of any other party; (iv) if we use a Data Provider to access your Account Information, that Data Provider will provide to us, on your behalf, your Account Information for our use in connection with the Service, including to respond to your inquiries, fulfill your requests, provide you with customer service, and identify offers from us and third parties that may be of interest to you; (v) we and our Data Provider may each use, modify, display, distribute and create new material using your Account Information to offer Products and Third Party Services to you and as otherwise described in our Privacy Policy; and (vi) we and our Data Provider may each use, sell, license, reproduce, modify, distribute and disclose aggregate or non-personally identifiable information derived through your use of the Service, including any Account Information obtained pursuant to the authorization above, for any purpose. Please refer to our Privacy Policy for information on how we use, maintain, and share your Account Information.

b. We are not obligated to review Account Information for any purpose, including accuracy, legality, or non-infringement. You agree we and our Data Provider shall be entitled to rely on the foregoing authorization granted by you. If you wish to revoke the foregoing authorization for a particular Linked Account, you must unlink the account from each Product to which it is linked on the Service.

c. You represent and warrant you are a legal owner of, or you are authorized to provide us and our Data Provider with, all Account Information, and have the right to grant the permissions set forth herein, and our third party provider’s exercise of its rights set forth herein will not violate any applicable laws or third party rights. You may only link your external accounts held at a financial institution located in the United States or in a United States territory. You understand and agree the Service is not sponsored or endorsed by, or affiliated with, any third parties, including any financial institution that holds the account you may choose to link to the Service.

SECTION 9. User Content

a. The Service may enable you to transmit, post, communicate or otherwise make available text, photos, videos, links, information, ideas, suggestions, content and other materials (“User Content”), including through the Service’s interactive features or functionality, such as chat features, message boards, forums and other communications tools. User Content may be accessible to and viewable by other users of the Service and the public. We do not claim ownership to User Content; however, by uploading or posting to the Service, you hereby grant to us a worldwide, royalty-free, fully paid-up, nonexclusive, perpetual, irrevocable, transferable and fully sub-licensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, transmit, print, publish, distribute, index, exhibit, perform, display (publicly or otherwise), create derivative works of, adapt, modify, translate, comment on, use, analyze and otherwise exploit User Content for any purpose, including the right to use your name and likeness as contained therein, in whole and in part, in any format, media or channels now known or hereafter developed (including in connection with the Service and on third party applications, sites and platforms such as Facebook, Twitter and YouTube), without further notice to you and without further requirement of permission from or payment to you or any other person or entity. You acknowledge and agree that we may use any ideas, concepts, know how or techniques contained in User Content for any purposes whatsoever, including in advertising or informational articles.  

c. You are solely responsible for User Content. This means you, and not us, are entirely responsible and liable for any claims, loss or damages relating to User Content. When you post User Content, you represent and warrant you have permission to do so, including permission from any third parties whose names or likenesses are included. 

d. We do not accept any unsolicited ideas from outside of Goldman Sachs, including without limitation suggestions about additions to our Services or Products or changes in methods of doing business.  We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us.  Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and/or to the extent necessary for Goldman Sachs to utilize your submission, you hereby grant Goldman Sachs an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation. 

e. You represent and warrant you have all rights necessary to grant the licenses granted in this Section, and User Content, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any other rights with respect to attribution of authorship or integrity of materials regarding User Content you may have under any applicable law under any legal theory. 

f. A Few Rules of the Road Regarding User Content.  We do not endorse or control User Content, so we have to ask that you follow a few rules:

1. User Content Must Comply with Our Acceptable Use Policy (as set forth in Section 11). Don’t post content or materials that are obscene or that promote illegal activity, or that defame, abuse, harass, threaten or otherwise violate the legal rights of others (including rights of privacy and publicity). Any content or materials containing things like hate speech, nudity and violence (as examples) is strictly prohibited.

2. User Content Must Be Yours. This means you have created the content or materials containing User Content and, where applicable, you must have permission from everyone whose name or likeness is contained in your content or materials to share such content or materials. User Content should not contain any visible logos, phrases or trademarks or other third party materials. Do not post any content or materials that belong to a third party (including any content that you might have found elsewhere on the Internet).

3. User Content Must Be Accurate and Truthful. Do not impersonate any other user, person or company or upload or post any content or material that you know is inaccurate, fraudulent, or deceptive. If you are not authorized to speak on behalf of Company, please do not do so. Anything you say or post on the Service should reflect your true opinions or experiences. 

4. User Content Must Not Include Sensitive Information. Please avoid including any of Your Personal Information that includes sensitive data (such as your social security number, credit card number, etc.) in any User Content posted. 

5. User Content Must Not Be Commercial. Do not post advertisements, offers, or other commercial content designed or intended to sell your or a third party’s goods or services. 

g. No Obligation to Monitor User Content. We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, record, store, evaluate, alter or remove User Content (and any messages, information, content or other materials sent to you, or received by you, in connection with the Service or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Service, and to monitor, review, analyze or evaluate your access to or use of the Service (including any Service features or functionalities), in each case by manual, automated or other means, and in each case for any purpose (including analytics, advertising (including sharing with ad brokers), marketing and any purposes as may be described in our Privacy Policy).

SECTION 10. Information Made Available Through This Service or Third Party Sites

a. You are permitted to use the tools, content, information, links or materials made available to you on or through the Service (“Service Information”) only for your own use and not for any commercial or business purpose, except as relates to relationships between you and us. You are not permitted to publish, transmit or otherwise reproduce any Service Information in any format without our express written consent. In addition, you are not permitted to change, hide or remove any copyright, trademark or any other notices contained on the Service. We reserve the right, in our sole discretion, to add, change or remove any Service Information at any time and from time-to-time. These Terms do not provide you with any rights to any Service Information other than those specifically described in these Terms. All rights not expressly granted in these Terms are reserved by us or the third party providers of any Service Information. 

b. The Service may contain links and other functionality that connect with certain sites and applications not provided by us, including social media sites and sites hosted by a third party provider (“Third Party Sites”). We are providing these links and functionality solely as a convenience to you. We are not responsible for and have no liability for the content, features, products, services, privacy policies or terms of service of any Third Party Sites. The fact that we have provided a link to a Third Party Site is not an endorsement of that Third Party Site (including any information or content made available throughout such site) or its owners, sponsors or operators. We have not tested any information, software or products found on any Third Party Site and therefore do not make any representations about those sites or any associated products or services. 

c. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, NEITHER WE NOR OUR THIRD PARTY PROVIDERS ARE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY (I) YOUR RELIANCE ON ANY SERVICE INFORMATION INCLUDING ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE OR ANY THIRD PARTY SITE OR (II) YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SERVICE OR OBTAINED FROM A THIRD PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, CONTENT OR OTHER INFORMATION CONTAINED ON THE SERVICE OR ANY THIRD PARTY SITE. 

d. Promotions. Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. These Terms will apply to any Promotions; however, if the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

e. Advertising. We may have relationships with one or more third party providers or advertisers, including operators of sites matching users with providers of various financial products and services, pursuant to which we compensate or receive compensation from such third party provider or advertiser for the services provided. 

SECTION 11. Acceptable Use

a. You accept sole responsibility for all of your activities using the Service. You may not use the Service in a manner that:

i. Uses technology or other means not authorized by us to access the Service Information or our systems;

ii. Uses or launches any manual or automated device or system, including “robots,” “spiders,” or “offline readers,” to (a) retrieve, index, “scrape,” “data mine,” access or otherwise gather any Service Information or our systems; (b) reproduce or circumvent the navigational structure or presentation of the Service; or (c) otherwise harvest or collect information about users of the Service; 

iii. Reverse engineers, decompiles or disassembles any portion of the Service, except where such restriction is expressly prohibited by applicable law;

iv. Attempts to introduce viruses or any other computer code, files, or programs that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment; 

v. Attempts to gain unauthorized access to our computer network or user accounts; 

vi. Encourages conduct that would constitute a criminal offense or that gives rise to civil liability; 

vii. Harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of us or any other party (including rights of publicity or other proprietary rights); 

viii. Is unlawful, fraudulent, or deceptive; 

ix. Attempts to damage, disable, overburden, or impair our servers or networks;  

x. Reproduces, modifies, adapts, translates, creates derivative works of, sells, rents, leases, loans, timeshare, distributes or otherwise exploits any portion of (or any use of) the Service except as expressly authorized herein, without our express prior written consent;

xi. Fails to comply with applicable third party terms; or

xii. Otherwise violates these Terms.

SECTION 12. Termination

Subject to applicable law and the terms of any Product or Third Party Service, we reserve the right, in our reasonable discretion, to terminate Your License, your use of the Service (in whole or in part), your user account, any Product provided to you or Third Party Service made available to you and to assert our legal rights with respect to content or use of the Service we reasonably believe is, or might be, in violation of these Terms or the terms of any Product or Third Party Service. Upon any such termination, you agree to promptly delete all copies of the App from any of Your Devices on which the App has been installed. The provider of a Third Party Service you access through the Service may have additional termination rights under the terms for their Third Party Service.

SECTION 13. Protecting Your Devices and User Account

You are solely responsible for (a) maintaining the security of your computer(s) or device(s) used for accessing the Service or on which the App has been installed; and (b) the confidentiality of your user Account Information, including your Access Credentials. You are solely responsible for any and all activity that occurs under your user account as a result of your sharing this information or failing to keep this information secure and confidential, except as otherwise provided by law. You agree to notify us immediately of any unauthorized use of your user account, or any other breach of security, by calling us toll-free at 1-855-730-7283 for Marcus Online Savings Accounts, Certificate of Deposit Accounts and related Products, for Marcus lending Products by calling us toll-free at 1-833-906-2224 for small business loans, or 1-833-773-0988 for GM Rewards Cards.

SECTION 14. Warranties; Disclaimers

a. WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, CONCERNING THE SERVICE, ANY PRODUCT OR ANY THIND PARTY SERVICE. THE SERVICE, PRODUCTS AND THIRD PARTY SERVICES PROVIDED BY US AND OUR THIRD PARTY PROVIDERS ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY WITH RESPECT TO THE CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS OR CONTINUED AVAILABILITY OF THE SERVICE OR ANY SERVICE INFORMATION, PRODUCTS OR THIRD PARTY SERVICES. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF GOLDMAN SACHS BANK USA, AND ITS AFFILIATES, AGENTS AND ASSIGNS WORLDWIDE,  AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. PROVIDERS OF THIRD PARTY SERVICES MAY HAVE ADDITIONAL OR DIFFERENT WARRANTIES REGARDING THEIR THIRD PARTY SERVICES.

b. THE SERVICE INFORMATION, ACCOUNT INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF PRODUCTS, OR THIRD PARTY SERVICES AND DESCRIPTIONS OF THIRD PARTY SERVICES, PUBLISHED OR MADE AVAILABLE THROUGH THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE SPECIFICALLY DISCLAIM ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. IF YOU BELIEVE THAT ACCOUNT INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS INACCURATE OR OUTDATED, THEN YOU SHOULD CONTACT THE FINANCIAL INSTITUTION OR OTHER COMPANY THAT MAINTAINS THE ACCOUNT INFORMATION. WE DO NOT WARRANT OR REPRESENT THAT THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE IS COMPLETE, CORRECT, SECURE OR UP-TO-DATE. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY AND WE DO NOT HAVE ANY OBLIGATION TO UPDATE THAT INFORMATION. NEITHER WE NOR ANY OF OUR THIRD PARTY PROVIDERS HAVE ANY RESPONSIBILITY TO MAINTAIN THE DATA, SERVICE INFORMATION, ACCOUNT INFORMATION, PRODUCTS OR THIRD PARTY SERVCIES MADE AVAILABLE THROUGH THE SERVICE OR TO SUPPLY ANY CORRECTIONS, UPDATES OR RELEASES IN CONNECTION WITH THAT DATA, SERVICE INFORMATION, ACCOUNT INFORMATION, PRODUCTS OR THIRD PARTY SERVICES. WE DO NOT WARRANT OR REPRESENT THAT WE WILL BE ABLE TO RETRIEVE YOUR ACCOUNT INFORMATION. THE SERVICE INFORMATION AND AVAILABILITY OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE WILL BE AVAILABLE OR FREE FROM LOSS, ATTACK, HACKING OR OTHER SECURITY INTRUSION AND WE EXPRESSLY DISCLAIM LIABILITY FOR ANY SECURITY-RELATED LOSS OR DAMAGES.

c. Unless otherwise disclosed to, and agreed to by, you, Products are provided for free. We are not a credit repair organization as defined under federal or state law, including the Credit Repair Organizations Act and we do not provide “credit repair” services or advice or assistance regarding “rebuilding” or “improving” your credit. We make no representation we will improve or attempt to improve your credit record, history, or rating. Any information or content provided by or through the Service or Products (including any Service Information) does not, and should not be construed to, constitute or provide any financial, investment, legal, accounting, tax or other advice to you or with respect to any account you may have with us unless explicitly agreed to by us in writing. We do not provide tax or legal advice in connection with the Service and encourage you to consult a financial, investment, legal, accounting or tax advisor with respect to any such issues or before making tax-related investment decisions.

SECTION 15. Indemnity; No Liability

YOU AGREE YOUR ACCESS TO AND USE OF THE SERVICE, ANY PRODUCT OR ANY THIRD PARTY SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE OR OUR THIRD PARTY PROVIDERS BE HELD LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH (A) YOUR USE OF THE SERVICE, SERVICE INFORMATION, ACCOUNT INFORMATION (INCLUDING WITH RESPECT TO THE RETRIEVAL OR ACCURACY THEREOF), ANY PRODUCT (INCLUDING ANY APPLICATION FOR SUCH PRODUCT) OR ANY THIRD PARTY SERVICE OR THIRD PARTY SITE, OR (B) ANY SITE OR APP FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; OR LINE OR SYSTEM FAILURE, EVEN IF WE OR OUR REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT DAMAGES BEYOND TEN DOLLARS ($10.00).  IN A JURISDICTION THAT DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF GOLDMAN SACHS AND ITS THIRD PARTY PROVIDERS, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS GOLDMAN SACHS BANK USA, AND ITS AFFILIATES, AGENTS AND ASSIGNS WORLDWIDE, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, ARISING FROM, OR RELATED TO, YOUR NEGLIGENCE, WILLFUL MISCONDUCT, VIOLATION OF APPLICABLE LAW OR BREACH OF THESE TERMS OR YOUR AGREEMENT. 

SECTION 16. System Outages, Slowdowns and Capacity Limitations 

Any computer system, service, or electronic device, whether it is yours, an internet service provider’s, a mobile network operator’s or ours, can experience unanticipated outages, slowdowns and/or capacity limitations. As a result of high internet traffic volume, transmission problems, systems capacity limitations and other problems, you may, at times, experience difficulty accessing the Service or communicating with us through the internet or other electronic and wireless services. The Service may be unavailable during system maintenance, for security precautions or when interrupted by circumstances beyond our control.

SECTION 17. Marks, Application and Content

The names “Marcus: by Goldman Sachs” and “Marcus by Goldman Sachs,” the “Marcus: by Goldman Sachs” logo, the “M:” logo and other Goldman Sachs trademarks, service marks, graphics and logos used in connection with the Service are our or our affiliate’s trademarks or registered trademarks (collectively “Goldman Sachs Marks”). Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners (collectively “Third Party Marks”). The Goldman Sachs Marks and Third Party Marks may not be copied, imitated or used, in whole or in part, without our prior written permission or the prior written permission of the applicable trademark owner. The Service and its content are owned, controlled, or licensed to or by us and protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. 

SECTION 18. DMCA Notice - How to Provide Notice of Alleged Copyright Infringement

a. You may not use the Service for any purpose or in any manner that infringes the rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA“), we have a designated agent for receiving notices of alleged copyright infringement and we follow the notice and take down procedures of the DMCA. We may terminate your access to the Service in the event of repeated violations.

b.  Procedure. If you believe one of our users is, through the use of the Service, unlawfully infringing the copyright(s) in your work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the DMCA) must be provided to our designated copyright agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works on the Service; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) information reasonably sufficient to permit us to locate such material; (v) information reasonably sufficient to permit us to contact you, such as your address, phone number, and email address; (vi) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vii) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

c. It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any allegedly infringing material. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. We may request additional information before we remove any allegedly infringing material. Please direct copyright infringement notifications to our DMCA agent at [email protected] (please include “Notice of Infringement” in the subject line) or by mail to Copyright Manager, Goldman Sachs & Co. LLC, 200 West Street, New York, NY 10282. Our DMCA agent’s phone number is 212-902-1000.

SECTION 19. Dispute Resolution

Many concerns can be resolved by calling us at 1-855-730-7283 (toll-free) or writing us at our Notice Address. If a dispute cannot be resolved informally, please refer to the dispute resolution provisions in Your Agreement governing the specific Service or Product under which the claim arose (“Agreement Dispute Provisions”). The Agreement Dispute Provisions will explain how such claims (whether by or against you or us) will be resolved.  

SECTION 20. New Jersey State Disclosure

If you are a New Jersey resident, notwithstanding anything to the contrary in Sections 10, 14 or 15, we do not disclaim liability for any damages directly and proximately resulting from our own gross negligence, recklessness or intentional misconduct. However, in no event (except with respect to personal injury) will we be liable for indirect, special, incidental or consequential damages, losses or expenses or for punitive or exemplary damages of any kind. 

SECTION 21. Additional Technology

We may use Google, Inc. (“Google”) Maps API and/or Places API to help auto-complete address information on the Service. By using this Service, you agree to be bound by Google’s Terms of Service and Privacy Policy. To learn more about Google’s Terms of Service, please visit https://maps.google.com/help/terms_maps.html and Google’s Privacy Policy, please visit https://policies.google.com/privacy.

SECTION 22. Severability / No Waiver 

If any provision of these Terms is deemed unlawful, void, or unenforceable for any reason, then such provision shall be deemed to be removed from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms or additional terms for any Product or Third Party Service will not waive our right to later enforce those provisions.

SECTION 23. Applicable Law

These Terms shall be governed by and construed in accordance with federal law and any applicable laws of the State of Utah without regard to rules concerning conflicts of law or choice of law. 

SECTION 24. Filtering

We hereby notify you that parental control protections (such as mobile device and computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that we do not endorse any of the products or services listed on such sites.

SECTION 25. Accessibility

a. We are committed to making the Service accessible to our customers and the public, including individuals with disabilities. Please contact our Customer Care Center toll-free at 1-855-730-7283 for Marcus Online Savings Accounts, Certificate of Deposit Accounts and related Products, for Marcus lending Products toll-free at 1-833-906-2224 for small business loans, or 1-833-773-0988 for GM Rewards Cards and ask to speak to our Americans with Disabilities Act (“ADA”) coordinator to learn more about our accessibility support services.  

b. Reasonable Accommodations. Individuals who need a reasonable accommodation to access the Service should call our Customer Care Center toll-free at 1-855-730-7283 for Marcus Online Savings Accounts, Certificate of Deposit Accounts and related Products, for Marcus lending Products toll-free at 1-833-906-2224 for small business loans, or 1-833-773-0988 for GM Rewards Cards and ask to speak to our ADA coordinator. Requesters will need to provide the date on which the reasonable accommodation is needed and information about the nature of the requested accommodation. Requesters should include the type of device the requester is using, as well as contact information such as an email address or phone number at which they can be reached. Depending on the nature of the request, we may need significant advance notice to provide a reasonable accommodation.

c. Feedback. In the event a user with a disability experiences accessibility issues with the Service, please notify our ADA coordinator toll-free at 1-855-730-7283 for Marcus Online Savings Accounts, Certificate of Deposit Accounts and related Products, for Marcus lending Products toll-free at 1-833-906-2224 for small business loans, or 1-833-773-0988 for GM Rewards Cards. In your communication to us, please specify the nature of the accessibility difficulty, including the portion of the Service that may have presented an accessibility challenge, as well as the type of device the requester is using. 

d. Third Party Sites. The Service contains links to Third Party Sites. We do not make any representations with regard to the accessibility of Third Party Sites and are not able to remediate accessibility barriers on such sites. 

SECTION 26. Contact Us

Many questions regarding the Service, including our Products, can be answered through our FAQs found here, or here for small business loans. Any other questions, complaints or claims regarding the Service or Products should be directed to our Customer Care Center by calling us toll-free at 1-855-730-7283 for Marcus Online Savings Accounts, Certificate of Deposit Accounts and related Products, for Marcus lending Products by calling us toll-free at 1-833-906-2224 for small business loans, or 1-833-773-0988 for GM Rewards Cards.

SECTION 27. Export Controls

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. 

SECTION 28. Apple-Specific Terms

If you are using an iOS version of the Service, the following shall apply: In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any software application made available as part of the Service that is compatible with the iOS operating system of Apple Inc. (“Apple”). For purposes of this Section 28, such application is referred to as the “App.” Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to us as follows: by mail to our Notice Address, by email to [email protected], or by contacting us at 1-844-627-2872 (toll-free). The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of these Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under these terms is not subject to the consent of any third party.

SECTION 29. Patriot Act

To help the government fight the funding of terrorism and money laundering activities, federal law requires we obtain, verify, and record information that identifies each person who creates a relationship. Meaning, when you create a relationship, we may ask for your name, address, date of birth and/or other information that will allow us to identify you.