BuyRIGHT -- Prepaid MasterCard®. A Prepaid MasterCard® Credit Card to improve your Financial Strength and Flexibility

Terms and Conditions for
BuyRIGHT Prepaid MasterCard®
and BuyRIGHT Maestro® Card

Cardholder Agreement
IMPORTANT – PLEASE READ CAREFULLY

Terms and Conditions for the BuyRIGHT Prepaid MasterCard® Card and BuyRIGHT Maestro® Card.
This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the BuyRIGHT Prepaid MasterCard® Card or BuyRIGHT Maestro® 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 BuyRIGHT Prepaid MasterCard® card or BuyRIGHT Maestro® 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," "our" and "Issuer" 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. Identity Verification will be performed on each applicant in compliance with the USA Patriot Act, OFAC, and other laws. In most instances, the Issuer will not obtain a credit history report, however, the Issuer reserves the right to review your credit history. You must be at least eighteen (18) years old, and have a physical address in the United States to receive a Card. The Issuer reserves the right to decline your application if the Issuer is not able to fully verify your personal information. If you're not completely satisfied with your BuyRIGHT Prepaid MasterCard Card for any reason, call customer service at (801) 383-1003 for a refund of 50% of the Activation Fee within 30 days of the date of your application for your card. You must also send your BuyRIGHT Prepaid MasterCard Card to us at P.O. Box 71402 Salt Lake City, UT 84171. Upon receipt of your card, we will process your refund request and send to you your refund by check at the address we have on file for you. Fifty percent (50%) of the Activation Fee is non-refundable. However, refunds will not be issued after 30 days from the time the application was submitted. Please read this Agreement carefully and keep it for future reference.
Definitions
The Card is a prepaid card. The Card allows you to access funds you place on the Card. The Card does not constitute a checking, savings or other bank account and is not connected in any way to any other account you may have. The Card is not a credit card. No interest will be paid on the balances transferred. The funds on your Card are FDIC insured up to the applicable amount.

BuyRIGHT Prepaid MasterCard® Card Description:
The Card accesses only funds the Issuer adds to the Card at your request. The value on your Card may be used by presenting the Card in person, or by authorizing use of the Card by giving the Card number, to any participating merchant, financial institution, or automated teller machine ("ATM") that accepts or displays the MasterCard® Maestro® or Cirrus® and marks. When the Card is used for or "Pay at the Pump" gasoline transactions, a minimum of $30.00 must be available on the Card. If you have less than $30.00, select "Pay Inside" at the pump, walk inside to the gas station attendant and pay for the actual dollar amount of gasoline you purchased. When the Card is used for rental car transactions, an additional 15% will be added to the merchant authorization until the authorization is settled.

BuyRIGHT Maestro® Card Description:
The Card accesses funds the Issuer adds to the Card at your request. The value on the Card may be used by presenting the Card to any participating merchant, financial institution, or automated teller machine ("ATM") that accepts or displays the Maestro® or Cirrus® brand marks and by entering your PIN (Personal Identification Number). You must select "Debit" when using the Card at self-service point-of-sale (POS) terminals like Grocery or Convenience Stores. When the Card is used for "Pay at the Pump" gasoline transactions, the gasoline station will preauthorize an amount of their choosing to activate the pump. If this amount is more than the stored value on the Card, the transaction will be declined. You can keep this from happening by selecting "Pay Inside" at the pump, walk inside to the gas station attendant and pay for the actual dollar amount of gasoline you purchased.

Authorized Users: You may request an additional 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 by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. 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.
Personal Identification Number (“PIN”): You will define a Personal Identification Number (PIN) for each card. You may use your Card to obtain Cash from any Automated Teller Machine (“ATM”) that bears the MasterCard, Maestro or Cirrus brand or any Point-of-Sale (POS) device which requires 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 the paragraph labeled “Your Liability for Unauthorized Transfers.”

Loading Your Card: You may add funds to your Card, called "value loading", at any time subject to certain limitations. The amount of each value load must be at least $10.00. There is a limit of 2 loads on any one given day. You may add value or load your Card via various means including making payments to participating retail load partners. The retail load partner may impose limitations on the frequency and amount of load transactions, and by making loads through the participating retail load partners you agree to abide by the terms and conditions of each such partner. However, the maximum value load you may place on your Card when aggregated with any other cards you have authorized is restricted to $2,500.
Using Your Card
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. 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 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.

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. For security reasons, we may limit the amount or number of transactions you can make on your Card. Your Card cannot be redeemed for cash. You may use your Card to access cash at an Automated Teller Machine (ATM). You may withdraw up to $200 daily from an ATM. The daily cash advance limit is $200. Your combined ATM and daily cash advance limit is $400. You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.

You should keep track of the amount of value loaded on Cards issued to you. You may call us at the Customer Service number shown on your Card and listed below at any time to obtain the current value on your Card. To reach us, call our automated call center 24 hours a day toll-free 800-851-7990 for the balance. You may also access your card information at www.myBuyRIGHT.com .

Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction. 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 “shortage”) you shall remain fully liable to us for the amount of the transaction and any applicable fees or charges. You agree to pay us promptly for the shortage and any applicable shortage fees. We also reserve the right to cancel this Card should you create one or more shortages with your Card.

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 ten (10) days.
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 for such refunds. 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.
Foreign Transactions
If you obtain your funds (or make a purchase) in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by MasterCard® International into an amount in the currency of your Card. MasterCard® International will establish a currency conversion rate for this convenience using a rate selected by MasterCard® International from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard® International 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 this Agreement.
If you obtain your funds in a currency other than the currency in which your Card was issued, the Issuer will increase the currency conversion rate (described in the immediately preceding section) by an additional 1% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International.
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.
Periodic Statements
Statements in electronic format will be made available free of charge at MyBuyRIGHT.com during each month in which a transaction occurs. You may choose to have a paper statement mailed to you. However, there is a fee for this service.
Fees and Charges
BuyRIGHT Prepaid MasterCard® Card Fees:
The following fees will be charged to your BuyRIGHT Prepaid Card for the processing, issuance, maintenance and use of your BuyRIGHT Prepaid Card. You agree these fees may be deducted from any value that is to be transferred to or is stored on your Card.
A one-time activation fee of $29.95 will be charged prior to the issuance of the BuyRIGHT Prepaid Card.

All new BuyRIGHT Prepaid Cards are issued on a transaction based fee structure. After Card setup, you will have the option to select a monthly fee structure, or continue with the transaction based fee structure. Under the transactional pricing option you will be charged all fees except for the Monthly Fee. Under the Monthly Fee pricing option you will be charged all fees except for the Transaction Fee and the Maintenance Fee. If no election is made you will be deemed to have elected the transactional pricing option.
If the Monthly Fee option is chosen, a Monthly Fee of $4.95 for each month until the Card either expires or is canceled will be charged.
An ATM Withdrawal Domestic Fee of $2.00 will be charged each time you obtain cash from an ATM using the Card at an ATM in the United States. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction). Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on the Card. An ATM Decline Fee of $.50 will be charged anytime a transaction is declined for any reason.

An ATM Withdrawal International Fee of $5.00 will be charged each time you obtain cash from an ATM outside of the United States using the Card. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction). Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on your Card.

A Cash Advance Fee of $4.50 will be charged each time you obtain cash from a financial institution using the Card. This fee is in addition to any fee that may be charged by the financial institution honoring the Card.

An ATM Balance Inquiry Fee of $1.00 will be charged each time you use an ATM to inquire about the remaining value in your Account, even if you do not use the ATM for a cash withdrawal. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction). Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on your Card.

A Transaction Fee of $1.00 will be charged each time you use your Card to make a purchase.

A Decline Fee of $.50 will be charged each time you attempt to make a purchase with your Card and the transaction is declined for any reason.

BuyRIGHT Maestro® Card Fees:
The following fees will be charged for the issuance, maintenance and use of your BuyRIGHT Maestro Card. You agree these fees may be deducted from any value that is to be transferred to or is stored on your Card. There is no activation fee charged for the BuyRIGHT Maestro Card.

An ATM Domestic Withdrawal Domestic Fee of $2.00 will be charged each time you obtain cash from an ATM using the Card at an ATM in the United States. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction). Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on your Card. An ATM Decline Fee of $.50 will be charged anytime a transaction is declined for any reason.

An ATM Withdrawal International Fee of $5.00 will be charged each time you obtain cash from an ATM outside of the United States using the Card. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction. Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on your Card.

A Transaction Fee of $1.00 will be charged each time you swipe your Card through a POS terminal (using your PIN).

A Decline Fee of $.50 will be charged each time you swipe your Card through a POS terminal (using your PIN) and the transaction is declined for any reason.

An ATM Balance Inquiry Fee of $1.00 will be charged each time you use an ATM to inquire about the remaining value on your Card, even if you do not use the ATM for a cash withdrawal. This fee is in addition to any fee that may be charged by the owner or operator of the ATM (or any ATM network used to complete the cash withdrawal transaction). Any fee charged by the owner or operator of the ATM (or any ATM network used) will be subtracted from the value stored on your Card.

The following fees apply to both the BuyRIGHT Prepaid MasterCard® Card and BuyRIGHT Maestrro® Card:

A Send Cash fee of $1.50 will be charged each time you transfer money from your Card to another bank account.
If you attempt to transfer funds to or from the Issuer, and your check or other funds transfer is returned or dishonored for insufficient funds or any other reason, a Return Check Fee of $25.00 will be charged to your Card.

A Paper Statement Fee of $3.00 will be charged for each paper statement, copy of an email or other electronic notice or disclosure you request.

In the event that the Card is reported lost, stolen, or damaged, a Replace Card Fee of $15.00 will be charged to issue a new Card to you.

An Express Mail Fee of $15.00 will be charged for delivery of the Card or any replacement Cards using a method other than standard mail.

If you wish to terminate this Agreement and obtain any value stored on your Card, a Cancellation Fee of $15.00 will be charged.

A Wire Fee of $9.95 will apply to any Federal Reserve Wire transfer used to load money on your Card.

An incoming "In Person Payment" or IPP Load fee of $4.95 will be applied to the Card. There will not be a fee paid at the agent location.

An Electronic Bill Payment Fee or Paper Check Bill Payment Fee of $1.00 will be charged each time a bill payment is made.

If a purchase is made that requires an international authorization, an international authorization fee of $.50 will be charged.

A Call Center Customer Service Fee of $1.00 per call will be charged when you speak to a customer support representative.

An Automated Voice Response Fee of $.50 per call will be charged when you contact the automated call center.

A Maintenance Fee of $4.95 per month will be charged after six (6) months of no activity on your Card account.
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, court order, or other legal reporting requirements;
4. If you give us your written permission, or;
5. To our employees, auditors, affiliates, service providers, or attorneys as needed.
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. 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;
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.
Your Liability for Unauthorized Transfers
Tell us AT ONCE if you believe your Card has been lost or stolen. Telephoning toll-free at 1-800-851-7990 is the best way of keeping your possible losses down. IF YOU BELIEVE THAT YOUR CARD HAS BEEN STOLEN, OR THAT SOMEONE HAS TRANSFERRED OR MAY TRANSFER MONEY FROM YOUR CARD WITHOUT YOUR PERMISSION, CALL US TOLL FREE AT 1-800-851-7990. WE WILL CANCEL THE CARD AND WILL REIMBURSE YOU FOR THE REMAINING VALUE STILL ON THE CARD AS OF THE TIME YOU NOTIFY US. IF YOU NOTIFY US WITHIN TWO (2) BUSINESS DAYS OF THE LOSS OR THEFT, AND SOMEONE HAS USED YOUR CARD WITHOUT YOUR PERMISSION, WE WILL ALSO REIMBURSE YOU FOR ANY FUNDS TAKEN FROM THE CARD WITHOUT PERMISSION. IF YOU DO NOT NOTIFY 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 PROMPTLY NOTIFIED US, YOU COULD LOSE AS MUCH AS $50. Also, if your statement shows transactions that you did not make, tell us at once. If you do not tell us within 60 days after the statement was made available to you, 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 your Card has been lost or stolen, we will close your Card to keep losses down. We reserve the right to investigate any claim you may make with respect to a lost or stolen Card, and you agree to cooperate with such investigation.
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 anytime. 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.
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 may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Information About Your Right to Dispute Errors
In case of errors or questions about your Card transactions, call 1-801-383-1018 or write to BuyRIGHT Prepaid MasterCard P.O. Box 71402, Salt Lake City, UT 84171 if you think your statement or receipt is wrong or if you need more information about a transaction listed on the statement or receipt. You must contact us no later than sixty (60) days after we have sent you the FIRST statement on which the problem or error appeared.
1. Provide your name and Card number (if any);
2. Describe the error or the transaction you are unsure about, and explain why you believe it is an error or why you need more information;
3. Provide the dollar amount of the suspected error.
If you provide this information 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 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 Cards, point-of-sale, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. 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. Copies of the documents used in the investigation may be obtained by contacting 1-801-383-1018.
Privacy and Data Protection
(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 replacement Cards or when you contact us with customer service issues, such as name, address, phone number.
(ii) Information Security: 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: 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. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas.
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.
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.
Arbitration
(a) Purpose: This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

(b) 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 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 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.

(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 the National Arbitration Forum (“NAF”), 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) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org .

(d) Significance of Arbitration: IF ARBITARTION 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 NAF, JAMS, OR AAA, AS APPLICABLE (THE “CODE”). FURTHER, YOU WILL NOT HAVE THE RIGHT OT PARTICIPATE IN A REPRESNTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING OT ANY CLIAM 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 WEN TOT 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 an 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 status 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 with in 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 and 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.

Terms & Conditions updated as of 01/15/2006