CARDHOLDER AGREEMENT — IMPORTANT — Please read carefully
1. Terms and Conditions for the U.S. Money Prepaid MasterCard® card.
This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the U.S. Money Prepaid MasterCard card has been issued to you by FNB Bank. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the U.S. Money Prepaid MasterCard card issued to you by FNB Bank. "You" and "your" means the person or persons who have received the Card and who are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean FNB Bank, our successors, affiliates or assignees. The Card will remain the property of FNB Bank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who obtains a Card. What this means for you: When you apply for a Card, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see your driver's license or other identifying documents. By participating in the Card program, you warrant factual representation of the required information, including, but not limited to, your real name, valid U.S. mailing address and residential address (if different), Social Security number, date of birth, and telephone number, is accurate. If you falsify, misrepresent, or fail to provide requested information, we may cancel your Card. In addition, funds tied to potentially illicit or illegal activity may be subject to both internal and potentially Federal investigation, which may delay their immediate access.
You agree to receive communications, including amendments to this Agreement, in electronic format. All notifications in electronic format will be considered to be "in writing." Any electronic notice, by posting to our customer self service website is considered to be sent at the time it is publicly available. Any electronic notice by SMS text or email to the address we have on file for you is considered to be sent when transmitted. You agree that these are reasonable procedures.
2. Your Card.
The Card is a prepaid card. The Card allows you to access funds you place on the Card. The funds you place on your Card are held in an FDIC insured demand deposit sub-account at FNB Bank. In this Agreement, references to your Card and using your Card include the demand deposit sub-account associated with your card. You may access the funds from this account by using your Card, by automated clearinghouse (ACH) debit or by writing a Prefunded Check (as described in Section 28 of this Agreement titled “Prefunded Check Transactions”). The Card is not a credit card. You will not receive any interest on your funds on the Card.
3. Authorized Users.
You may request an additional U.S. Money Prepaid MasterCard card accessing the funds on your Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all transactions made with the Card or Card number, and all related fees incurred, by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. Until we have received your notice of such a revocation and have had a reasonable time to act on it, you are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke another person’s use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.
4. Loading Your Card.
You may add funds to your Card called “value loading”, at any time. Absent special approval, the maximum value of funds on your Card is restricted to $10,000. Subject to this maximum value limit, there is no limit on the number of value loads to your Card. You agree to present the Card and meet identification requirements to complete value load transactions as may be required from time to time. Load locations may have their own load limits that may be less than our allowable amount.
5. Using Your Card: Transaction Types and Limitations.
You may use your Card to purchase or lease goods or services wherever the Card is honored as long as you do not exceed the value available on your Card. You are responsible for all transactions initiated by use of your Card or Card number, whether conducted by you or a person you have authorized. For security reasons, we may limit the amount, number or type of transactions you can make on your Card. We may, at our option, give you a Personal Identification Number (“PIN”). If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine (“ATM”) that bears the Cirrus® brand, or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN and bears the Maestro ® brand. All ATM transactions are treated as Cash withdrawal transactions. Your daily cash withdrawal limit set forth in the accompanying Schedule A. We may limit the amount of any individual ATM withdrawal, and an ATM operator or owner may impose additional withdrawal limits. You should not write or keep your PIN with your Card. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.” You may not use your Card for any illegal transactions, at casinos, or for any gambling activity.
You will be charged a fee by us for each ATM transaction, including a balance inquiry, in the amount disclosed in the accompanying Schedule A. In addition, when you use an ATM not owned by us, you may be charged a fee by the ATM operator or any network used (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). Your daily purchase limit for non ATM transactions is set forth in the accompanying Schedule A.
6. Split Transactions.
If you do not have enough value loaded on your Card you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called “split transactions.” Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash.
7. Transactions Using Your Card Number.
If you initiate a transaction without presenting your Card (such as for a mail order, Internet or telephone purchase, a Prefunded Check purchase or an ACH debit purchase), the legal effect will be the same as if you used the Card itself.
8. Your Obligation for Negative Balance Transactions.
Each time you initiate a transaction, you authorize us to reduce the value available on your Card by the amount of the transaction and all associated fees. You are not allowed to exceed the available amount on your Card through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available on your Card (creating a “negative balance”) you shall remain fully liable to us for the amount of the transaction and for any applicable fees or charges (including Insufficient Funds/NSF Fees) set forth in the accompanying Schedule A . If you have signed up for our Overdraft Service and we authorize and pay an overdraft, you also will be liable for Overdraft Service Fees set forth in the accompanying Schedule A. We reserve the right to bill you for any negative balance or to recoup such negative balance from any other Card we have issued to you. You agree to pay us promptly for the negative balance and any applicable negative balance fees. We also reserve the right to cancel your Card should you create one or more negative balances with your Card.
9. Business Days.
Our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Alabama.
10. Authorization Holds.
You do not have the right to stop payment on any purchase transaction originated by use of your Card, other than a recurring transaction as described below. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and the merchant may estimate its final value. When you use your Card at an ATM or for a teller cash advance transaction, we will authorize the transaction in advance (including all applicable fees). When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a temporary hold on your Card’s funds for the amount indicated by the merchant. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds indefinitely. Car rentals, hotels and other service oriented merchants may choose to factor in additional amounts upon check-in, and it may take up to sixty (60) days after your stay or your rental to have any excess amounts held by the hotel or rental company added back to your available balance. Similarly, some gas stations may factor in addition amounts to cover potential filling of the tank; if you want to avoid such a hold, you may want to pay inside the gas station, instead of paying at the pump. Until the transaction finally settles, the funds subject to the hold will not be available to you for other purposes. We will only charge your Card for the correct amount of the final transaction, however, and we will release any excess amount when the transaction finally settles.
When you use your Card at certain restaurants and service-oriented merchants, there may be an additional 20% (or more) added to the authorization to cover any tip you may leave on the purchase. If this occurs, and your total bill, after adding in the additional 20% (or more), exceeds the amount available on your Card, your transactions may be declined. Accordingly, you should ensure that your Card has an available balance that is 20% (or more) greater than your total bill prior to using your Card.
11. Recurring Transactions.
If you intend to use the Card for recurring transactions, you should monitor your balance and keep funds loaded on the Card to cover the transactions. “Recurring transactions” are transactions that are authorized in advance by you to be charged to your Card at substantially regular intervals. We are not responsible if a recurring transaction is declined because you have not maintained a sufficient balance on your Card to cover the transaction. If these recurring transactions may vary in amount, the person you are going to pay should tell you, 10 days before each payment, which it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.) If your Card was obtained through your employer or you receive electronic deposits of Federal benefits to your Card: (a) If you have told us in advance to make regular payments from your Account, you can stop the payment by notifying us orally or in writing at least three (3) business days before the scheduled date of the transfer. If you call, we also may require you to put your request in writing and get it to us within 14 days after you call. If you order us to stop one of these payments three (3) business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages. If you have authorized a merchant to make the recurring payment, you should contact the applicable merchant in order to stop the transaction.
12. Preauthorized Credits.
If you have arranged to have direct deposits made to your Card account at least once every sixty (60) days from the same person or company, you can call us at 1-866-872-9820 to find out whether or not the deposit was made.
13. Returns and Refunds.
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card account for such refunds. You are not entitled to a check refund unless your Card has been closed. The amounts credited to your Card for refunds may not be available for up to five (5) days from the date the refund transaction occurs.
14. Cancellation and Suspension.
We reserve the right, in our sole discretion, to limit your use of the Card, including limiting or prohibiting specific types of transactions. We may refuse to issue a Card, revoke Card privileges or cancel your Card with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, you may do so by calling the number on the back of your Card. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Our cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If we cancel or suspend your Card privileges through no fault of yours, you will be entitled to a refund as provided below in “Amendment and Cancellation.” Not all services described in this Agreement are available to all persons or at all locations. We reserve the right to limit, at our sole discretion, the provision of any such services to any person or in any location. Any offer of a service in this Agreement shall be deemed void where prohibited. We can waive or delay enforcement of any of its rights under this Agreement without losing them.
15. International Transaction Fee.
If you initiate a transaction in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard® International Incorporated into an amount in the currency of your Card. MasterCard International Incorporated will establish a currency conversion rate for this convenience using a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard International Incorporated itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by us.. If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, we may increase the currency rate (described in the immediately preceding section) up to an additional 2% and will retain this amount as compensation for our services. This charge is independent of and in addition to the currency conversion rate established by MasterCard International Incorporated.
You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions.
17. Obtaining Balance and Transaction Information for Your Card — Periodic Statements.
You should keep track of the amount of value loaded on Cards issued to you. You may obtain information about the amount of money you have remaining in your Card account by calling the number on the back of your Card. This information, along with a 120-day history of account transactions, is also available on-line through our customer self service web site shown on the back of the Card. You also have the right to obtain a 120-day written history of account transactions by calling the number on the back of your Card, writing us at P.O. Box 232, Smyrna, Ga. 30080, or calling our administrative office at 1-800-936-4360.
18. Fees and Charges.
The fees relating to the use (and misuse) of your Card are set forth in the accompanying Schedule A: entitled “Schedule of Fees and Charges.”
Schedule A: Schedule of Fees and Charges
|1 A Secondary Card is available for an additional Monthly Maintenance Fee of $2.95.|
|2 ATM owners may charge additional fees. To avoid these charges, use an ATM in the surcharge-free MoneyPass® Network. To search for surcharge-free ATMs visit www.moneypass.com.|
|3 We reserve the right to charge a $3.00 fee for each live Customer Service call for information that is readily available online or on our automated phone system. There is NO CHARGE for live Customer Service calls for items that are not available in this manner.|
|4 A postage and handling fee of $1.95 will apply if you request a paper statement be mailed to you more frequently than 2 times per 6 months.|
|5 This cost is for standard shipping with a 7 to 10 business days for delivery. If you chose to have the card expedited, additional shipping cost will apply.|
|6 All other fees are the same as our standard transactions.|
|7 ALWAYS check your balance online or by phone for FREE if you are unsure whether you have enough funds to complete a Transaction in order to avoid being charged Declined Transaction Fees for processing Transactions for which you do not have available funds.|
|8 ALWAYS check your balance online or by phone for FREE if you are unsure whether you have enough funds to complete a Transaction. Unless you obtained your Card through your employer or you receive electronic deposits of Federal benefits to your Card, an Insufficient Funds (NSF) Fee will be charged for Transactions that cause the available balance on your card to go negative, including ACH Debit Transactions and any purchase Transactions where the retailer or merchant does not request authorization and the resulting charge results in a negative balance.|
|9 U.S. Money Checks must ALWAYS be authorized prior to use. Minimize fees by properly authorizing all U.S. Money Checks.|
|10 The maximum daily load you may place on your Card, when aggregated with any other Cards you have authorized, is restricted to $10,000.|
Would you like to download the full Schedule A pdf?
20. Our Liability for Failure to Complete Transactions.
In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. If you obtained your Card through your employer or it receives electronic deposits of Federal benefits, and if we do not complete a transfer to or from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: (1) If, through no fault of ours, you do not have enough funds available on your Card to complete the transaction; (2) If a merchant refuses to accept your Card or provide cash back; (3) If an ATM where you are making a cash withdrawal does not have enough cash; (4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction; (5) If access to your Card has been blocked after you reported your Card lost or stolen; (6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use; (7) If we have reason to believe the requested transaction is unauthorized; (8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; (9) Any other exception stated in our Agreement with you.
21. In Case of Errors or Questions about your Card Account.
Telephone us at the number on the back of your Card or write to us at P.O. Box 232, Smyrna, Ga. 30080, Attn: Customer Service as soon as you can, if you think an error has occurred in your Card account. If your Card was obtained through your employer or receives electronic deposits of Federal benefits to your Card, the following provisions of this Section 21 also apply: We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at the number on the back of your Card, writing to us at P.O. Box 232, Smyrna, Ga. 30080, or calling our administrative office at 1-800-936-4360 . You will need to tell us: (1) your name and Card number (if any); (2) why you believe there is an error, and the dollar amount involved, and (3) approximately when the error took place. If you tell us orally, we will require that you send your complaint or question in writing within ten (10) business days. We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit your Card within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card. For errors involving new Card accounts, point of sale transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new Card accounts, we may take up to twenty (20) business days to credit your Card for the amount you think is in error. We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the number on the back of your Card. If your Card was NOT obtained through your employer and DOES NOT receive electronic deposits of Federal benefits, all of this Section 21 applies, except we will not credit your account until our investigation is complete.
22. Your Liability for Unauthorized Transfers.
You agree to exercise reasonable control over your PIN(s); User ID(s); and Password(s) (each, an “Access Code"); Card(s), and any other item or instrument related to your Card account. Tell us AT ONCE if you believe your Card, Access Code or Card account has been lost or stolen. Also, if your transaction history shows transfers that you did not make, including those made with your Card or Card number, or you believe an electronic transfer has been made without your permission, tell us at once. Telephoning the toll-free number on the back of your Card or calling our administrative office at 1-800-936-4360 is the best way of keeping your possible losses down. You could lose all of the money in your account. If your Card was obtained through your employer or receives electronic deposits of Federal benefits to your Card, the following provisions of this Section 22 also apply: If you tell us within two (2) business days after you learn of the loss or theft of your Card, you can lose no more than $50.00 if someone used your Card without your permission. If you do NOT tell us within two (2) business days after you learn of the loss or theft of your Card, and we can prove that we could have stopped someone from using your Card without your permission if you had told us, your could lose as much as $500.00. If you do not tell us within sixty (60) days after the earlier of the date you electronically access your account or the date we sent the FIRST written history on which the error appeared, you may not get back any money you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good, documented, reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods. The following provisions of this Section 22 apply to all Card accounts: You will not be liable for unauthorized use that occurs after you notify us of the loss, theft or unauthorized use of your Card(s), Code(s) or Card account(s). You also agree to cooperate completely with us in attempts to recover funds from unauthorized users and to assist in their prosecution. We may issue replacement PINs, Cards or any other instrument, but only after you have provided such proof and security or indemnification as we may require. In addition, you acknowledge that we may have to deactivate your Card(s) and/or Card account(s) to prevent future losses. If you share your Card(s), PIN(s), or Access Code(s) with other person(s), use of your Card account by that person(s) may be considered as authorized. If you authorize another person(s) to use the Card(s), you agree that you will be liable for all transactions arising from use of the Card(s) by such person(s). In all cases, our liability for an unauthorized transaction is limited to reimbursing you for the face amount of the unauthorized transaction.
23. Other Terms.
Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, whether local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement shall be governed by the law of the State of Alabama except to the extent preempted or governed by federal law.
24. Amendment and Cancellation.
We may amend or change the terms of this Agreement at any time. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend your Card or this Agreement at any time. You also may cancel this Agreement by returning the Card to us or by calling customer service at the number on the back of your Card. If your Card is cancelled by you or us when the Card has a balance, we will send you that amount by sending you a check at that address we have for you in our records. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
25. Telephone Monitoring/Recording.
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
26. No Warranty Regarding Goods and Services.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.
This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) shall be arbitrated instead of litigated in court upon the election of either party. (b) Definitions: As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us, or between you and FirstView, LLC or any of its agents or retailers, arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. “Claim” includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term “Claim” is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in that court; any appeals from that court shall be pursued only in arbitration. As used in the arbitration Provision, the terms “we” and “us” shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, “we” or “us” shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms “you” or ”yours” shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders. (c) Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either Judicial Arbitration and Mediation Services (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within thirty (30) days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org. (d) Significance of Arbitration: IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF JAMS OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION; THE ARBITRATOR SHALL NOT CONDUCT A CLASS ARBITRATION OR A JOINT ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. (e) Restrictions on Arbitration: If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties. (f) Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek Arbitration. At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal). If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification. (g) Arbitration Procedures: This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA”). The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA. However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party. The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal. The appeal shall be filed with the arbitration organization in the form of a dated writing. The arbitration organization will then notify the other party that the award has been appealed. The arbitration organization will appoint a three-arbitrator panel which will conduct arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice. The decision of the panel shall be by majority vote and shall be final and binding. (h) Continuation: This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.
28. Prefunded Check Transactions (“Check Terms”).
We may, in our sole discretion, provide you with prefunded checks to access the funds on your Card (“Checks”). By accepting and using Checks, you agree to be bound by these Check Terms, including the fees relating to the use (and misuse) of Checks. When you issue a Check, the legal effect will be the same as if you used the Card. Checks will remain the property of the clearing bank indicated on the face of the Check and must be surrendered upon demand. Checks are nontransferable, and may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. You should read and follow carefully the instructions for Check use. You must pre-fund each Check prior to use and write the Authorization Code we provide you in the space indicated on the face of the Check. If you write a Check without obtaining a valid Authorization Code, it will not clear and you will be charged a fee. When authorizing a Check, you will be asked to provide the check number, name of the payee and the amount of the Check. You must make the Check payable to the payee and for the amount you designate when authorizing the Check. You must fill out the Check in a legible manner and date the Check the same day as you obtained the Authorization Code. When you authorize a Check, the funds necessary to pay the Check will be transferred from your Card to an FDIC insured settlement account pending presentment of the Check for payment. All funds held in the settlement account will be held in your name until the applicable Check is presented for payment. When your Check is presented for payment, the funds held in the settlement account will be used to pay the Check. Checks are valid for the period of time designated on the face of the Check. This period starts to run on the date you authorize the Check. Checks not presented to the clearing bank prior to the expiration date will be cancelled and funds will be credited back to your Card through our normal settlement process. Please note that it may take up to ten (10) Business Days for this refund to be posted to your Card and checks may clear during this timeframe if presented for payment. You should not use the information on any Check to process an ACH debit transaction or to set up direct deposit to your Card. Please note that your right to “stop payment” on a Check is limited and we are not responsible for any Check that clears while we are considering a “stop payment” request. Checks must be obtained from us and those produced by other check printers will not be honored.
29. Optional Overdraft Service.
If you meet the eligibility criteria we have established and elect to opt-in, you may have access to our overdraft service (the "Overdraft Service"). The terms and conditions of the Overdraft Service are described below.
Authorization and Payment of Overdrafts. An overdraft occurs when you do not have enough money in your Card account to cover a transaction, but we pay it anyway. If you elect to opt-in to our Overdraft Service, we may, in our sole and absolute discretion, authorize and pay an overdraft or overdrafts for you. The Overdraft Service is provided only as a discretionary courtesy, so at no time will we be required to authorize and pay any overdraft. If we provide the Overdraft Service to you, we will authorize and pay only the following types of overdraft transactions:
- Purchase transactions
- ATM transactions with your Card
- Bill payments
As noted above, we will authorize and pay overdrafts only in our discretion. That means we do not guarantee that we will always authorize and pay any type of transaction. When we do not authorize and pay an overdraft, your transaction will be declined. We may, in our discretion, refund an Overdraft Service Fee if you bring your account positive within a designated grace period (e.g., 24 hours) or delay the charging of an Overdraft Service Fee until the expiration of such a grace period.
In no event will we authorize and pay an overdraft transaction resulting from an ACH debit. Also, we will never approve any transaction that causes your Card balance to be greater than $100.00 overdrawn (plus the value of any Overdraft Service Fee(s) and other transaction fee(s)).
Reimbursement for Overdrafts; Payment of Service Fees. If we do authorize and pay an overdraft for you, you agree to reimburse us for the amount of the overdraft, plus the Overdraft Service Fee, by adding sufficient funds to your Card account. You agree that you will add such funds within no more than thirty (30) days of any overdraft occurrence on your Card, or that you will otherwise immediately pay such amount(s) to us in full upon demand. The Overdraft Service Fee is in addition to any other fees ordinarily applicable to the transaction that resulted in the overdraft. Multiple Overdraft Service Fees may be charged in a single day if multiple overdraft transactions are approved on that same day.
Termination or Modification of the Overdraft Service. You may opt-out of the Overdraft Service at any time by calling the Customer Service number on the back of your Card during normal Customer Service hours. Should you choose to opt-out you remain responsible for any negative balance(s) on your Card and agree that any deposits, credits or loads made to your Card will be used to offset the value of the negative balance(s), if any. In addition, we may elect to deactivate your Overdraft Service at any time, refuse to authorize any transaction that exceeds the available balance on your Card, modify eligibility requirements or the Overdraft Service Fee, or any other aspect of the Overdraft Service, and/or terminate the optional Overdraft Service in its entirety at any time.
Conditions for Receiving the Overdraft Service. In order to receive our Overdraft Service, you must: (a) elect to participate in the Overdraft Service (i.e., opt-in) by calling the Customer Service number on the back of your Card during normal Customer Service hours; and (b) initiate ACH deposits to your Card meeting the criteria we specify from time to time (for example, two (2) ACH deposits totaling $500.00 every thirty five (35) days). The Overdraft Service will be activated on your Card only once you have satisfied each of the steps described above. If you fail to receive the required ACH deposits, the Overdraft Service will be immediately deactivated.
In the event you use the optional Overdraft Service and your Card has a negative balance, your Card will remain open and any deposits, credits or loads will automatically be applied to the negative balance before they are available to you. If the Overdraft Service is deactivated or terminated for any reason by either you or us, you must repay the entire negative balance and retake the steps described above in order to reactivate the Overdraft Service. If your Card has a negative balance for more than ninety (90) days, your Card account will be closed and we retain the right to pursue collection of any amounts owed at our sole and absolute discretion.
Electronic (SMS) Disclosures. We strongly encourage you to enroll in SMS text alerts in order to manage your utilization of the Overdraft Service. We cannot accept responsibility for any SMS text messages not received by you, nor for any delay in the receipt or delivery of any SMS text notifications. It is your sole responsibility to ensure that the information you provide to us for SMS text messages is current and accurate. We are not responsible for loss of messages and other consequences if you do not provide accurate information.
Your participation in the optional Overdraft Protection program is subject to the terms of this Cardholder Agreement
An overdraft may result from PIN-or signature–based transactions or ATM withdrawals transactions that you initiate or authorize someone else to initiate. ACH debit transactions are not eligible for the optional Overdraft Protection program. All transactions are processed in the order they are received.
No Line of Credit. You acknowledge that your participation in the Overdraft Service and the settlement by us of any transactions exceeding your available Card balance does not constitute a contractual open-end line of credit. Our authorization or settlement of any transaction on one or more occasions does not obligate us to authorize or settle future transactions. We may refuse the authorization or settlement of any transaction for you at any time. We have no obligation to notify you before we approve or decline a transaction that would result in an overdraft on your Card. Your Card is not a credit card and does not directly or indirectly access any credit feature or line of credit.