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J.G. Wentworth Cash Now™ Visa® Prepaid Card Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.

This Cardholder Agreement (“Agreement”) contains the terms and conditions under which the J.G. Wentworth Cash Now™ Visa® Prepaid Card has been issued to you.  By accepting, signing, or using the Card, you agree to be bound by the terms and conditions contained in this Agreement.  In this Agreement, “Card” means the J.G. Wentworth Cash Now™ Visa® Prepaid Card issued to you by MetaBank®.  “You” and “your” means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement.  “We,” “us,” and “our” mean MetaBank, our successors, affiliates or assignees.    The Card will remain the property of MetaBank 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.

1. ABOUT YOUR CARD

Your Card is a prepaid card, which allows you to access funds loaded to your Card.  You should treat your Card with the same care as you would treat cash.  Your Card does not access a checking, savings or other deposit account and is not connected in any way to any deposit account you may have.  The Card is not a gift card, nor is it intended to be used for gifting purposes.  The Card is not a credit card.  You will not receive any interest on the funds on your Card.  This Card is not designated for business use and we may close your Card if we determine that it is being used for business purposes.  We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or relates to illegal or fraudulent activity.  All funds loaded to your Card insured by the Federal Deposit Insurance Corporation (“FDIC”), subject to applicable limitations and restrictions of such insurance. 

2. FEE SCHEDULE

JG Wentworth Cash Now® Visa® Prepaid Card

Card Fees

Fee Category

Fee Type

Amount

Initial and Monthly Fees

Purchase Fee

$0.00

Monthly Maintenance Fee

$0.00

Get Cash

Domestic In Network ATM Fee1

$0.00

Domestic Out of Network ATM Fee2

$2.50

International ATM Fee3

$2.95

Over The Counter Withdrawal

$0.00

Spend Money

Domestic PIN Transaction Fee

$0.00

Domestic Signature Transaction Fee

$0.00

 

Foreign Transaction Fee

3% of transaction amount

Add Money

Direct Deposit Load

$0.00

3rd Party Load Network4

$0.00

 

Bank to Card Transfer Fee4

$0.00

Account Information

Cash Now Online Account Access

$0.00

Customer Service IVR

$0.00

Customer Service Live Agent

$0.00

In Network1 ATM Balance Inquiry

$0.00

Out of Network2 ATM Balance Inquiry

$1.00

Paper Statement Fee

$0.00

ATM Decline

$1.00

Other Services

SMS/Email Alerts5

$0.00

Replacement Card

$2.95

Stop Payment

$10.00

Overnight Delivery Card Fee

$30.00

1 “In-Network” refers to the MoneyPass ATM network. For locations of MoneyPass ATMs at www.moneypass.com .This optional offer is not a MetaBank® product or service nor does MetaBank endorse this offer.

2 “Out of Network” refers to all ATMs outside of the MoneyPass ATM network

3 Foreign Transaction Fee also applies

4 3rd party may charge fees

5 Standard text messages and data rates, fees, and charges may apply.

 

Questions? Please call 1-844-834-4918 or visit www.CashNowCard.com

ATM Fees: 

When you use an automated teller machine (“ATM”), you may be charged a fee by the ATM operator or any network used to complete the transaction. You may be charged a fee for a balance inquiry even if you do not complete a fund transfer.

Foreign Transaction Fee:

You may be charged the Foreign Transaction Fee in specified in the Fee Schedule if you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued (“Foreign Transaction. The transaction will be converted to U.S. Dollars in accordance with the Currency Conversion process below, and you will be charged a fee equal to 3% on the total amount of the transaction in U.S. Dollars.  Transactions occurring in U.S. territories may be considered to be Foreign Transactions, so transactions originating from these locations may be subject to Foreign Transaction Fees.  If there is a credit to your Card for a previous Foreign Transaction, we will not refund any Foreign Transaction Fee that may have been charged on the previous transaction.

Currency Conversion:

If you make a Foreign Transaction in a currency other than the currency of your Card, the amount deducted from your Card will be converted by the network that processes the transaction into an amount in the currency of your Card. Visa U.S.A. Inc. currently uses a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge. The conversion rate that is used by the network is the rate in effect on the date that a transaction is submitted to and processed by the network, which may be different than the conversion rate in effect on the transaction date.

3. GETTING STARTED

Important information for opening a card:  To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act asks all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card. 

What this means for you:  When you open a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you.  We may also ask to see a copy of your driver’s license or other documents at any time.  We may limit your ability to use your Card or certain Card features until we have been able to successfully verify your identity.

Activation:  Before using your Card, you must activate the Card by calling the phone number on the back of the Card or by going to the website www.CashNowCard.com.  When you activate your Card, you represent and warrant to us that: (i) you are at least 18 years of age; (ii) the personal information that you have provided to us is true, correct and complete; and (iii) you have read this Agreement and agree to be bound by and comply with its terms.

4. USING YOUR CARD

a. Loading Your Card

You may load funds to your Card by: (i) an Automated Clearing House (“ACH”) transaction (e.g., direct deposit); by (ii) cash transaction at MoneyGram and Western Union load location (locations can be found at www.CashNowCard.com) and (iii) by transferring funds to your Cash Now Card from a bank account using a bank debit card or account number.  Fees are determined and maybe charged to the transferor’s bank account by the originating bank or other provide.  We may charge you the fee described in the Fee Schedule for each load you make to your Card.  Only the primary cardholder may load funds to the Card.  For limits on loading and withdrawal please see section 4B for the Load, Withdrawal, & Spend Limits table.

If you arrange to have funds transferred directly to your Card from a third party through an ACH load, you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you. We may reject any load that would result in you exceeding the $30,000 allowed on your Card or any other limit on loads described in this Agreement.  You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time.

We will generally make funds from direct deposit available on the day we receive them.  However, we may delay making funds available in the case of a transmission error or other irregularity, or if there are suspicious circumstances.  If this occurs, we generally will make funds available within 2 business days.

Federal Payments: THE ONLY FEDERAL PAYMENTS THAT MAY BE LOADED TO YOUR CARD VIA AN ACH CREDIT ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER.  If you have questions about this requirement, please call 1-844-834-4918.

b. Using Your Card and Limitations

You may use your Card, at merchants and ATMs that accept debit or ATM cards in the Visa® or NYCE® networks.  If you use a Surcharge Free Money-Pass ATM, you will not be assessed a fee for an ATM withdrawal.   Your Card cannot be redeemed for cash. 

You may use your Card to: (1) withdraw cash from your Card, (2) load funds to your Card, (3) purchase or lease goods or services, and (4) pay bills directly by telephone or online using your Card in the amounts and on the days you request.  Some of these services may not be available at all terminals. 

We will provide you our bank routing number and an account number for the purpose of initiating direct deposits to your Card. The Card number embossed on your Card should not be used for direct deposit transactions or they will be rejected.  You are not authorized to use the bank routing number and account number to make a debit transaction with a paper check, check-by-phone or other item processed as a check, or if you do not have sufficient funds in your account.  These debits will be declined and your payment will not be processed.

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and any applicable fees

The following limitations on transactions and Card balance apply to your Card:

LOAD, WITHDRAWAL and SPEND LIMITS*

Load Limitations

Limit

Maximum Card balance at any time

$40,000.00

Total number of times you can load your Card

Two (2) times per twenty-four hours, four (4) times per seven (7) days and ten (10) times per (30) days

Maximum ACH credit (direct deposit per load)

$30,000 per transaction and $40,000 total 24 hours

Cash Loads (Amount)*

$950.00 per twenty-four hours, and $10,000.00 total per month

Cash Loads (Frequency)*

10 loads per month

Cash Loads (Minimum Amount)

$20.00 at approved load location; $0.00 for ACH credit.

Withdrawal Limitations

Limit

Total number of ATM cash withdrawals

Three (3) cash withdrawals per day

Maximum amount of ATM cash withdrawal

$500.00 per day

Total number of over the counter cash withdrawals

Two (2) cash withdrawals per day

Maximum amount of over the counter cash withdrawal

$1000.00 per day

Maximum amount in Point of Sale Signature or Point of Sale PIN Transactions

$2,500.00 Signature purchase, $2,500.00 PIN purchase and no more than $5,000.00 per day









































* Third parties may impose additional limitations.

We are not responsible to you if a merchant or ATM does not accept your Card.  We may block access to your Card if you report your Card or PIN lost or stolen.  We may place a hold on funds on your Card if they are subject to any legal process or other encumbrance restricting their use.  We may decline a transaction on your Card if we have reason to believe that the requested transaction is unauthorized or fraudulent.  For security reasons, we may limit the amount, number or type of transactions you can make with your Card and any funding or load to your Card.

c. Personal Identification Number ("PIN")

You must select a Personalized Identification Number (“PIN”) upon activating your Card online at www.CashNowCard.com or by calling 1-844-834-4918.  You can use your PIN with your Card, (i) to obtain cash from any ATM or (ii) at any point-of-sale device which requires entry of a PIN, that participates in the Visa or NYCE PIN networks.  All ATM transactions are treated as cash withdrawal transactions.  You should not write or keep your PIN with your Card.  Never share your PIN with anyone and do not enter your PIN into any ATM terminal that appears to be modified or suspicious.  If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the section below that is labeled “Lost or Stolen Cards; Unauthorized Transactions.”

d. Obtaining Card Balance Information

You may obtain information about the amount of money you have remaining on your Card by calling 1-844-834-4918. This information, along with a 60-day history of Card transactions, is also available on-line at www.CashNowCard.com.

You also have the right to obtain a 60-day written history of Card transactions by calling 1-844-834-4918 or by writing us at:

JG Wentworth Prepaid Division

201 King of Prussia Road Suite 350

Radnor PA, 19807

A continuously updated Card account statement, in electronic format is available at www.cashnowcard.com.  The statement is a no-charge online statement, regardless of whether or how often you use the card.  You may choose to have a paper statement mailed to you. For details, see the Fee Schedule.

e. Enrollment in Cash-Back Program

When you receive a JG Wentworth Cash Now Visa Prepaid Card, you have the opportunity to enroll into the Cash Back program.  This service allows customers to receive 1% cash-back on all purchases made in either Grocery Stores or Fast Food Restaurants.  The funds earned from your cash-back purchases will be credited to your account on a monthly basis.  To enroll in the Cash-Back program please go to www.cashnowcard.com, login, and select the Cash-Back enrollment button.  This optional offer is not a MetaBank® product or service nor does MetaBank endorse this offer.

f. SMS/Email Alerts

You can request to be enrolled to receive standard rate SMS/Email messages (message and data rates may apply) for Cash Now Alerts when you login at www.CashNowCard.com

g. Authorized Users

You may not permit another person to have access to your Card or Card number.  If you do provide access to your Card or Card number, you are liable for all transactions incurred with the Card or Card number.

You must notify us to revoke permission for any person you previously authorized to use Card information or have access to your Card.  You are wholly responsible for the use of each Card according to the terms of this Agreement, subject to the section labeled “Lost or Stolen Cards; Unauthorized Transactions” below, and other applicable law.

h. Holds for Preauthorized Transactions

With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be “preauthorized” for an estimated amount or amount greater than the transaction amount to cover gratuity or incidental expenses.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  During this time, you will not have access to funds on which a hold has been placed.  If a transaction is pre-authorized and the purchase is not completed, the pre-authorization may result in a hold for that amount of funds.

i. Preauthorized Transfers

Preauthorized credits:  If you have arranged to have direct deposits made to your Card at least once every 60 days from the same person or company, you can call us at 1-844-834-4918 to find out whether or not the deposit has been made.

Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments with your Card, you can stop any of these payments.  Here’s how: Call us at 1-844-834-4918 or write us at:  

JG Wentworth Prepaid Division

201 King of Prussia Road Suite 350

Radnor PA, 19807

in time for us to receive your request at least 3 business days before the payment is scheduled to be made.  If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you the Stop Payment Fee described in the Fee Schedule for each stop-payment order you give.

Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when 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).

Liability for failure to stop payment of preauthorized transfer:  If you order us to stop one of these payments 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 to the extent provided for in this Agreement or required by law.

j. Returns and Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant in accordance with the merchant’s return policies.  If the merchant credits your Card, the credit may not be immediately available.  While we post merchant refunds when they are received, we have no control over when a merchant sends a credit transaction to us. The refund may not be available for a number of days after the date the refund transaction occurs.

k. Receipts

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.

l. Split Transactions and other uses

If you do not have enough funds available on your Card, you can ask the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment.  These are called “split transactions.”  Some merchants do not allow cardholders to conduct split transactions.  Some merchants will only allow a split transaction if you pay the remaining amount in cash.

If you use your Card number without presenting your Card (such as for an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.

You agree not to engage in an individual transaction or series of transactions that (together with fees) exceeds the available amount on your Card.  Nevertheless, if we honor a transaction that exceeds the balance of the funds available on your Card, you will remain fully liable to us for the amount of the transaction (together with any fees) and agree to pay us promptly for the negative balance.  We may debit any subsequent credits to the Card or any other account you have with us for the amount of any negative balance on your Card.  We also reserve the right to cancel and close your Card if you create a negative balance with your Card, even if we chose to honor the transaction that resulted in the negative balance.

You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein.  Your Card may not be used in connection with any illegal transaction, at any casino, or in any gambling activity.  We may refuse to process any transaction that we believe may violate the terms of this Agreement. 

m. Card Replacement and Expiration

If you need to replace your Card for any reason, please contact us at 1-844-834-4918.  We may charge you the Replacement Card Fee described in the Fee Schedule.  Your Card has a “Valid Thru” date on the front of the Card. You agree not to use the Card after the “Valid Thru” date on the front of your Card.  However, even if the “Valid Thru” date has passed, the available funds on your Card do not expire.  You will not be charged the Replacement Card Fee for replacement cards that we send due to expiration of the Card.

5. Business Days

For purposes of this Agreement, our business days are Monday through Friday, excluding holidays.

6. Lost or Stolen Cards; Unauthorized Transactions

a. Contact

If you believe your Card or PIN has been lost or stolen, call: 1-844-834-4918

or write:

JG Wentworth Prepaid Division

201 King of Prussia Road Suite 350

Radnor PA, 19807

You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or PIN without your permission.

b. Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic funds transfer has been made without your permission. Calling 1-844-834-4918  is the best way of keeping your possible losses down.  You could lose all the money on your Card.

If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, then:

(1)  you will have no liability for Visa debit transactions processed by Visa that are not ATM transactions if you are not grossly negligent or fraudulent in the handling of your Card or PIN; and

(2)  you can lose no more than $50 if someone used your Card or PIN without your permission. for ATM transactions or Visa debit transactions that are not processed by Visa, or if you are grossly negligent or fraudulent in the handling of your Card or PIN. 

If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. 

Also, if your electronic or paper transaction history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared, you may not get back any money you lost after the 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 reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

c. In Case of Errors or Questions About Your Card

Telephone us at 1-844-834-4918 or write:

JG Wentworth Prepaid Division

201 King of Prussia Road Suite 350

Radnor PA, 19807

as soon as you can, if you think an error has occurred on your Card.  We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card history, 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 1-844-834-4918 or writing us at JG Wentworth Prepaid Division, 201 King of Prussia Road Suite 350, Radnor PA, 19807.  You will need to tell us:

  • Your name and Card number.

  • Why you believe there is an error, and the dollar amount involved.

  • Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.  We will determine whether an error occurred within 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 45 days to investigate your complaint or question.  If we decide to do this, we will credit your Card within 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 we do not receive it within 10 business days, we may not credit your Card. 

For errors involving new Cards, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question.  For new Cards, we may take up to 20 business days to credit your Card for the amount you think is in error.  We will tell you the results within three business days after completing our investigation.  If we decide that there was no error, we will send you a written explanation.

You may ask for copies of the documents we used in our investigation.

If you have any further questions regarding our error resolution procedures, please contact us by calling us at 1-844-834-4918.

7. Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card for a third party, such as merchant;
(3) In order to comply with government agency or court orders;
(4) If you give us your written permission; or
(5) In accordance with the Privacy Policy for your Card.

8. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses and 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 an ATM where you are making a cash withdrawal does not have enough cash;.

(3)  If an electronic terminal where you are making a transaction does not operate properly and you knew about the break-down when you started the transaction;. 

(4) 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;.

(5)  . If we have reason to believe the requested transaction is unauthorized.

(6)  If a merchant refuses to accept your Card.

(7) If access to your Card has been blocked after you reported your Card or PIN lost or stolen

(8) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use

(9)  Any other exception stated in our agreement with you

9. Change of Address

You will notify us immediately of any change to your address.  If your address changes to a non-US address, we may close your Card and return funds to you in accordance with this Agreement. 

10. Limitations on Liability

The only damages that you may be able to recover from us, J.G. Wentworth or our affiliates with respect to the Card or this Agreement are actual damages that are proximately caused by a breach of an obligation to you.  In no event will you be able to recover any indirect, consequential, exemplary, special or punitive damages, even if you have been advised of the possibility of such damages. 

11. Other Terms

You may not transfer or assign Your Card, or any of your rights or obligations under this Agreement.  We may transfer or assign any or all of our rights or obligations under this Agreement or any interest we have in your Card. Use of your Card is subject to all applicable rules of any network involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time.  We may (without prior notice and when permitted by law) set off the funds on your Card against any due and payable debt you owe us, or J.G. Wentworth or its affiliates, whether now and in the future).  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by federal law or, to the extent governed by state law, the law of the State of South Dakota.

12. Amendment and Cancellation

We may add to, delete or change the terms of this Agreement at any time.  If we take any of these actions, we will provide you notice as required by applicable law. We reserve the right to take actions with respect to your Card and this Agreement for security purposes, without prior notice to you, to the extent permitted by applicable law. You may close your Card at any time by contacting us at 1-844-834-4918.  Your closing of the Card will not affect any of our rights or your obligations arising under this Agreement prior to termination. We may close your Card, without cause or notice, except as provided by applicable law.  If your Card is closed, we will refund any unpaid balance of the Card, subject to fees in the Fee Schedule.

13. 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.

14. 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.

15. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

16. Arbitration

Purpose:  This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions:  As used in this Arbitration Provision, the term “Claim” means any claim, dispute or controversy between you and us 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 Card; (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 the court.

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.

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 the 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 30 days after you receive notice of our election to select either of the other organizations 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; (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

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 THE 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.  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.

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.

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.

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 an 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.

Continuation:  This Arbitration Provision shall survive termination of your Card as well as voluntary payment of any 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.

This Card is issued by MetaBank, Member FDIC, pursuant to a license from Visa U.S.A Inc.
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