PayPower™ Visa® Prepaid Card

IMPORTANT – PLEASE READ CAREFULLY

1. Terms and Conditions for PayPower Card

This document constitutes the agreement (“Agreement”) outlining the terms and conditions under which the PayPower Visa Prepaid Card has been issued to you. 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 PayPower 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.

Always know the exact dollar amount available in your card account. Available funds is the balance of your card account less any authorization holds for transactions that have not yet been settled by a merchant. Merchants may not have access to this information and cannot determine the balance in your card account. Free access to your balance is available at www.paypower.com (the “Card Website”) or by calling (888) 633-9432.

For purposes of these disclosures, our business days are Monday through Friday. Holidays are not included.

2. About Your Card and Card Account
The Card is a prepaid card. The funds associated with your Card are not held on your Card; instead, they are held in a card account at a bank. The Card allows you to access the funds held in that card account. Neither your Card nor your card account constitutes a checking, savings, or other demand deposit bank account. The Card is not a credit card or a gift card. You will not receive any interest on your funds held in your card account. Your card account is for personal, family, or household purposes; it may not be used for business purposes. The funds in your card account will be FDIC insured provided your Card is registered by going to the Card Website (www.paypower.com) or by calling (888) 633-9432. Your funds will never expire, even if the Card itself expires.
The minimum initial load is $20. The maximum initial load is $500. These initial load amounts may vary by retailer. Prior to successfully completing the registration process, you will have no ATM or cash access, and you will not be able to reload your card account.

Activating & Registering Your Card Account. Visit the Card Website (www.paypower.com) or call (888) 633-9432 to activate your Card and register your card account.
Federal Law requires that all financial institutions obtain, verify, and record information that identifies each person who establishes an account to help the government fight the funding of terrorism and money laundering activities. To comply with these requirements, when you register, you will be required to provide your name, address, date of birth, social security number or taxpayer identification number, and other information that will allow us to verify your identity. We may also require that you provide us with copies of your driver’s license or other documents, including a valid government issued ID with photograph (examples: Passport, Alien Identification Card or Consular Identification Card), to verify your identity. If we are unable to verify your identity, you may be permitted to use your Card until the balance in your card account has been spent, we may choose to issue you a refund check, or we may require further investigation, and in that case, you may not be able to reload your Card. Once you have successfully completed registration, you may request a personalized Card. Any secondary cardholder will also be required to provide the same cardholder information before they will receive their Card.

Federal Payments: THE ONLY FEDERAL PAYMENTS THAT MAY BE DEPOSITED TO THIS CARD ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. If you have questions about this requirement, please call (888) 633-9432.

Authorized Users: You are responsible for all transactions and fees incurred by you or any secondary cardholder you have authorized. You must notify us to revoke permission for any secondary cardholder you previously authorized to use your Card. You are wholly responsible for the use of each Card according to the terms of this Agreement.

Personal Identification Number (“PIN”): After you have successfully completed the registration process, we may, at our option, give you a Personalized Identification Number (“PIN). If we give you a PIN, you may use your Card: (i) to obtain Cash from any Automated Teller Machine (“ATM”) or (ii) at any Point of Sale (POS) device bearing the Interlink® brand that requires the entry of a PIN. All ATM transactions are treated as Cash withdrawal transactions. 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 section 11 (“Your Liability for Unauthorized Transactions; Disputed Transactions”).

Loading Your Card Account: You may add funds to your card account, called “value loading,” at any time after your cardholder information has been verified. Prior to verification of your cardholder information, you may not value load your card account beyond the amount value loaded when you purchased your Card. The amount of each value load must be at least $20. The maximum value load you may place in your card account when aggregated with any other card accounts you have is restricted to $10,000. The maximum amount of value loads you may make to your card account in one day is $2,500. We reserve the right to accept or reject any request for a value load. We may increase or decrease these limits from time to time at our sole discretion. You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time. You cannot load funds to your card account at our ATMs.

3. Using Your Card and Card Account
You may: (1) use your Card to pay for purchases at places that have agreed to accept the Card; (2) withdraw cash from your Card account; (3) pay bills directly from your Card account in the amounts and on the days you request; (4) transfer funds to your Card account; and (5) transfer funds between your Card accounts.. Some of these services may not be available if we have not verified your identity after registration. In addition, for security reasons, we may limit the amount or number of transactions you can make on your Card.

Making Purchases: 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 in your card account. You may not use your Card or card account for any illegal transactions, at casinos, or for any gambling activity. You are responsible for all transactions initiated by use of your Card. If you permit someone else to use your Card, we will treat this as if you have authorized such use, and you will be responsible for any transactions made subject to such use. If you do not have sufficient available funds in your card account, you can request 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.

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

Getting Cash: You may use your Card to access cash at an Automated Teller Machine (ATM) and from participating financial institutions. You may withdraw a maximum of $500 cash each day. In addition to our limits, an ATM owner or operator may impose additional withdrawal limits.

Paying Third Party Bills: You may pay a wide variety of bills online using your card account. To do so, you must first register for the bill pay service at the Card Website (www.paypower.com). As part of your registration, you will be asked to agree electronically to the terms and conditions of the service. You can view the terms and conditions for the bill pay service at the Card Website.

Negative Balances: Each time you use your Card, you authorize us to reduce the value available in your card account by the amount of the transaction. You are not allowed to exceed the available amount IN YOUR CARD ACCOUNT THROUGH AN INDIVIDUAL TRANSACTION OR A SERIES OF TRANSACTIONS. NEVERTHELESS, IF A TRANSACTION EXCEEDS THE BALANCE OF THE FUNDS AVAILABLE in your card account (creating a “negative balance”), you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any negative balance. You agree to pay us promptly for the negative balance. We also reserve the right to cancel your Card and close your card account should you create one or more negative balances.

Authorization Holds: You do not have the right to stop payment on any purchase transaction originated by use of your Card. 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 for up to 10 days. 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.

Some restaurants and some other service-oriented merchants may factor in an additional 20% (or more) 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 in your card account, your transactions will be declined. Accordingly, you may want to ensure that your card account has an available balance that is 20% (or more) greater than your total bill prior to using your Card.

4. Preauthorized Transfers
Preauthorized Credits. If you have arranged to have direct deposits made to your Card account at least once every 60 days from the same person or company, you can call us at (888) 633-9432 to find out whether or not the deposit has been made.

Preauthorized Payments. (i) Right to Stop Payment and Procedure for Doing So. If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Call us at (888) 633-9432 or write us at Customer Service, Department 6220, 5918 Stoneridge Mall Road, Pleasanton CA 94588 in time for us to receive your request 3 business days or more 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. To the extent permitted by law, we may charge you for each stop payment order you give (see Section 9 for amount).

(ii) Notice of Varying Amounts. If these regular payments may vary in amount, either we (if you ask us to make recurring payments through the bill pay service) or the person you are going to pay (if you ask them to take money from your Card account on a recurring basis) 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).

(iii) 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.

5. 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. The amounts credited to your card account for refunds may not be available for up to seven (7) days from the date the refund transaction occurs unless otherwise required by applicable law.

In order to receive a refund of the funds remaining in your card account, you must contact customer service and request a check refund. The fee for issuing a check refund is $5.95. A check refund may take up to 20 business days to be processed and delivered to you. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

6. Foreign Transactions
Currency Conversion: 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 (a “Foreign Transaction”), the amount deducted from your funds will be converted by Visa U.S.A. Inc. into an amount in the currency of your card account. Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate Visa U.S.A. Inc. 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 the Issuer. This percentage amount is independent of any amount taken by the Issuer in accordance with the following section of these Terms & Conditions.

Foreign Transaction Fee: If you make a Foreign Transaction, a foreign transaction fee equal to 2% of your transaction amount will be deducted from the balance in your card account (see section 9). This fee is independent of any the currency conversion rate established by Visa U.S.A., Inc. If you return an item for credit in a Foreign Transaction, we will not refund any foreign transaction fee that may have been charged on your original purchase.

7. 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. You can get a receipt at the time you make any transfer from your Card account using one of our ATM terminals.

8. Obtaining Card Account Information
You may obtain information about the amount of money you have remaining in your card account by calling (888) 633-9432. This information, along with a 60-day history of account transactions, is also available online at the Card Website (www.paypower.com).
You also have the right to obtain a sixty (60) day written history of account transactions by calling (888) 633-9432 or by writing us at Customer Service, Department 6220, 5918 Stoneridge Mall Road, Pleasanton CA 94588. However, to the extent permitted by law, we may charge you for each written history you request (see Section 9 for amount).

9. Fees and Charges
PayPower Visa Prepaid Card
Purchase/Maintenance Fees:
      Retail Purchase Fee: $3.95
(may vary by retailer)
      Monthly Maintenance Fee: $5.95
      Online Purchase Fee: FREE
Reload Fees:
      Retail: $3.95
      Direct Deposit: FREE
      Visa ReadyLink: Varies by retailer
Transaction Fees:
      POS PIN Transaction: FREE
      POS Signature Transaction: FREE
ATM Fees (additional ATM fees may apply by ATM owner):
      ATM Domestic Cash Withdrawal: $1.95
      ATM Domestic Balance Inquiry: $0.50
      ATM International Cash Withdrawal: $3.95
      ATM International Balance Inquiry: $0.95
Service Fees:
      Foreign Transaction Fee: 2.0%
of the amount of the Foreign
      Transaction
      Teller Cash Advance: $2.00
      Card to Card transactions: FREE
      Customer Service: FREE
      Reissue Card: FREE
      Lost/Stolen Replacement Card: $5.95
      Secondary Card Issuance Fee: $4.95
      Express Card Shipping Fee: $25.00
      Close Card Account; Request Check Fee: $5.95
      Bill Payment Fee – Electronic/Paper Check: FREE
      Bill Payment Fee – Expedited: $9.95


10. Our Liability for Failure to Complete Transactions
If we do not complete a transaction to or from your account on time, or in the correct amount according to our Agreement with you, after your correct and proper instruction, we will be liable for transferring the correct amount or otherwise completing the service, according to your direction. However, there are some exceptions. For example, we will not be liable:
(1) If, through no fault of ours, you do not have enough funds available in your card account to complete the transaction;
(2) If a merchant refuses to accept your Card;
(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 account 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; or
(9) Any other exception stated in our Agreement with you.

In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special, or punitive damages.

11. Your Liability for Unauthorized Transactions
You agree to safeguard the Card. The Card can be replaced if it is lost or stolen or if you believe that an electronic fund transfer has been made without your permission, with certain restrictions. You should call (888) 633-9432 immediately to report a lost or stolen Card or if you believe someone has accessed your card account without your permission (for example, if you think someone has discovered any password you have established).

Transactions Routed Through the Visa System: Your liability for unauthorized transactions that take place on the Visa system is zero dollars ($0) (the “Visa Zero Liability” policy). You will be required to provide your name, the Card number, original value, and transaction history. We may require you to provide a written statement regarding claims of unauthorized transactions.

Transactions Not Routed through the Visa System: Unauthorized transactions that are not routed through Visa are not protected by the Visa Zero Liability policy. These types of transactions include (i) ATM transactions, (ii) point of sale, PINless, automated clearing house, or other debit transactions not processed by Visa, and (iii) payments made using the bill pay service described in section 3.

Therefore, tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning is the best way of keeping your possible losses down. If you do not contact us promptly, you could lose all the money in your card account.

If you tell us within two (2) business days after you learn of the loss or theft of your Card or PIN and you are not protected by the Visa Zero Liability policy, you can lose no more than $50 if someone used your Card or PIN 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 or PIN and you are not protected by the Visa Zero Liability policy, 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, unless prohibited by applicable law.

In addition, if your electronic transaction history (see Section 8) shows transactions you did not make, tell us at once. If you do not tell us within 120 days after the transaction in question was credited or debited to your card account, you may not get back any money you lost after the 120 days if we can prove that we could have stopped someone from making the unauthorized transaction 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 face time periods for a reasonable length.

We reserve the right to require a written statement and conduct an investigation into the validity of any request. You agree to cooperate with any investigation we may make. There is no fee to issue a replacement Card where there has been an unauthorized transaction. A reissued Card may take up to ten (10) days to process. Any problems or disputes you may have regarding a purchase should be addressed directly with the merchant.

12. 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, 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 the law of the State of South Dakota except to the extent governed by federal law.

13. Amendment and Cancellation
We may amend or change the terms of this Agreement at any time. We will provide you with notice of a change if required by law.

We may cancel or suspend your card account at any time without notice for any reason (for example, if we suspect fraud or unauthorized activity on your card account), subject to applicable law. You may cancel this Agreement by returning the Card to us.

Termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. You agree that we will not be liable to you or any third party for any modification or discontinuation of your card account. Should your card account be closed, we will issue you a credit for any remaining balance, subject to any applicable fees (see Section 9).

14. Information About Your Right to Dispute Errors
In case of errors or questions about your card account, call (888) 633-9432 or write to Customer Service, Department 6220, 5918 Stoneridge Mall Road, Pleasanton CA 94588 as soon as you can, if you think an error has occurred in your card account. We must allow you to report an error until 120 days after the transaction you believe was wrong was credited or debited to your card account. You may request a written history of your transactions at any time by calling us at (888) 633-9432 or writing to us at Customer Service, Department 6220, 5918 Stoneridge Mall Road, Pleasanton CA 94588. You will need to tell us.


• Your name and Card number
• The dollar amount of the transaction in question
• The name of the payee if the transaction in question is a payment
• Approximately when the error took place; and
• Why you believe there was an error

If you tell us orally, we may 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 account within ten (10) business days for the amount your 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 account.

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 account for the amount you think is in error.

You agree to cooperate with any investigation we may make. 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 (888) 633-9432 or visit the Card Website (www.paypower.com).

15. Your Personal Information; Confidentiality.
Our Privacy Policy explains in detail how we collect your personal information and with whom we may share it. You may view our Privacy Policy by visiting the Card Website (www.paypower.com) and clicking the “Privacy Policy” link at the bottom of the page. If you register online, we will provide you with an electronic copy of the Privacy Policy when you register. If you register by telephone, we will mail you a copy of the Privacy Policy,

Here is a general description of how we collect and handle your personal information:


(i) Information We Collect (“Cardholder Information”):
(a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase.
(b) Information you provide to us when you apply for a Card, or for a replacement Card or when you contact us with customer service issues, such as name, address, or phone number.

(ii) Information Security: Except as otherwise disclosed in this Agreement, only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic, and procedural security measures that comply with federal regulations to safeguard Cardholder Information.

(iii) Disclosure of Information: We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards, to develop marketing programs, to help protect against fraud, and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf, or other institutions with which we have a joint marketing agreement. We may also provide certain Cardholder Information to others as permitted by law, such as for purposes such as marketing and promotions and government entities or other third parties in response to subpoenas.

Without limiting our rights under the Privacy Policy, we may disclose information to third parties about you, your card account, 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 account for a third party, such as a merchant; (3) In order to comply with government agency, court order, or other legal reporting requirements; (4) With your permission; or (5) To our employees, auditors, affiliates, service providers, or attorneys as needed.

16. Telephone Monitoring/Recording
From time to time, in accordance with applicable law, 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.

17. Telephone Communications
From time to time, we may need to contact you about your card account. You authorize us to call you at any number you provide or at any number at which we reasonably believe we can contact you, including calls or text messages to mobile, cellular, or similar devices, for any lawful purpose, including but not limited to: (1) suspected fraud or identity theft; (2) servicing your card account and (3) obtaining necessary information. You authorize us to use automated dialers and/or recorded messages when making such calls. You agree to pay (without reimbursement from us) any fees or charges you may incur for any such calls we make to you.

18. Text Message Service
You may be able to request us to send certain messages to you (for example, account alerts) via SMS text message. To do so, you must first register for this service at the Card Website (www.paypower.com). As part of your registration, you will be asked to agree electronically to the terms and conditions of the SMS text message service. You can view the terms and conditions for this service at the Card Website.

SMS text functionality will depend on your phone, your data package, and your plan. If you sign up for the text message service, you agree to pay (without reimbursement from us) any fees or charges you may incur for any text messages you receive from us. In addition, we will not be liable for any messages that you do not receive or have delay in receiving.

19. No Warranty Regarding Goods and Services or Uninterrupted Use
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. From time to time, the Card service may be inoperative, and when this happens, you may be unable to use your Card or obtain information about your balance. Please notify us if you have any problems using your Card. You agree that we are not responsible for any interruption of service.

20. 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, card account, 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 card account, or the Cards of any additional Cardholders designated by you; (ii) the amount of available funds in your card account; (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; and (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, UNLESS REQUIRED BY APPLICABLE LAW, 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. 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 or card account 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.