This is a stored value card agreement. This agreement is effective as
of June 1, 2003 and replaces any previous cardholder agreement for this
Card.
Please read this Agreement carefully and retain it for your
records.
This stored value card cardholder agreement together with disclosures
made in compliance with the Electronic Fund Transfer Act ("EFTA
Disclosures") and the Bank's privacy policy statement (collectively,
this "Agreement") is the contract between you and the Bank
for your Interlink®/ Plus®/Starsm/Pulse® payment device
("Card").
THESE CARDS ARE ISSUED BY FIRST FEDERAL BANK.
THE CARD IS A PRE-PAID STORED VALUE CARD THAT CAN BE USED AT
MOST ATMs OR MERCHANT LOCATIONS BEARING THE INTERLINK®, PLUS®,
PULSE®, or STARsm LOGOS, SUBJECT TO THE TERMS OF THIS AGREEMENT.
INTEREST, DIVIDENDS OR OTHER EARNINGS OR RETURNS WILL NOT BE PAID TO
YOU FOR ANY VALUE LOADED ON THE CARD. THERE IS NO CREDIT CARD, CREDIT
LINE, OVERDRAFT PROTECTION, OR DEPOSIT ACCOUNT ASSOCIATED WITH THE CARD.
THE VALUE ASSOCIATED WITH THE CARD IS NOT INSURED BY THE FEDERAL DEPOSIT
INSURANCE CORPORATION (FDIC). VALUE IS NOT STORED ON THE CARD ITSELF;
INSTEAD, IT IS STORED ON THE BANK'S COMPUTER SYSTEM.
By activating the Card or by retaining, using or authorizing the use
of the Card, (i) you represent and warrant that you are at least eighteen
(18) years of age (nineteen (19) years of age if you are a resident
of a state where the age of majority is nineteen (19)), (ii) you represent
and warrant that all of the personally identifiable information provided
by you is true, correct and complete, (iii) you acknowledge receipt
of the Bank's EFTA Disclosures and privacy policy statement, (iv) you
accept the Card, and (v) you agree that you have read and understood
this Agreement and that you will be bound by and will comply with all
of its terms and conditions. If you do not agree with all of these statements,
you cannot activate and/or use the Card. You may contact Customer Service
to arrange for a refund. If you are under age, your parent or guardian
may enter into this Agreement, and you can become a Registered User
of the Card.
In this Agreement, the words "you" and "your" each
mean the Cardholder. "Bank" means First Federal Bank of Roswell,
New Mexico, a federally chartered bank located in Roswell, New Mexico,
which will issue the Card. "Cardholder" means an individual
who: (i) is a U.S citizen or legal alien residing in one of the fifty
(50) states of the U.S. or the District of Columbia with a verifiable
U.S. mailing address; (ii) is at least eighteen (18) years of age (nineteen
(19) years of age or older if a resident of a state where the age of
majority is nineteen (19)); and (iii) has activated and/or used the
Card. "Card" shall mean the Visa®, Interlink, Plus, Star,
Pulse branded (as applicable) plastic electronically encoded stored
value. "Activation Number" means the number printed on your
receipt that is used when activating the Card. "Merchant"
shall mean each distribution agent and retail outlet at which SCN, at
SCN's sole and absolute discretion, provides Cards for sale to consumers.
Merchants are not agents or representatives of Bank and have no authority
with respect to the Cards. "Registered User" means a person
the Cardholder registers and authorizes to use the Card in accordance
with procedures provided by SCN. "Visa" means Visa U.S.A.,
and its successors and assigns. "We," "us," and
"our" each means Bank, or anyone we assign our rights to.
"SCN" means Secure Cash Network, Inc., a Texas corporation,
which is the third party that administers the Card and to whom you submitted
an Activation Number to obtain the Card, that provides certain support
and marketing services for the Card, and that will receive all fees
(See "Schedule of Fees and Charges") paid under this Agreement.
Activation of Card. To activate your Card, call Customer
Service at the phone number indicated on the receipt. We reserve the
right to reject or accept the Activation Number you submit at our sole
discretion. Your use of the Card will be subject to the terms and conditions
of this Agreement and any subsequent amendment(s) to this Agreement.
Issuance of the Card. After activating your Card, a
Card will be assigned to you in accordance with the terms and conditions
of this Agreement. When calling Customer Service, Cardholders will submit
certain personally identifiable information. We are committed to respecting
your wishes regarding privacy of your personally identifiable information.
Please see our privacy policy in this Agreement for further information.
Availability of Card Value. Value will be "loaded"
or credited to the Card after the Card has been activated and the authenticity
of the Card and/or "load" instruction has been verified. Value
loads may be delayed until we have actually received transferred value.
During such delay, the value will not be available to the Cardholder.
We reserve the right to accept or reject any request to load value to
the Card, at our sole discretion.
Reloading Value to the Card. Additional value may be
"reloaded" or added to the Card subject to the limitations
provided herein. Reloading of additional value to the Card may be delayed
until we have actually received transferred value. During such delay,
the amount transferred will not be available to the Cardholder. We reserve
the right to accept or reject any request to add additional value to
the Card, at our sole discretion. A reload fee may apply for adding
additional value to the Card.
Using the Card. After the Card is issued, you may
use it to purchase goods and services anywhere Interlink, Plus, Star,
Pulse, as applicable, are accepted and to access cash at ATMs or financial
institutions displaying the name and/or logo of Interlink, Plus, Star,
Pulse, as applicable, subject to the terms of this Agreement. Each
time you use the Card to purchase goods or services, you authorize
Bank to debit the Card. The Card is non-transferable and may be used
only by the Cardholder or a Registered User. Furthermore, you agree
that you shall:
(a) not use the Card to purchase illegal goods or services;
(b) promptly notify us of any loss or theft of the Card; and
(c) use the Card only as instructed.
If the Card is used other than as permitted by this Agreement, to
the extent permitted by law, Bank may, at its option and without waiving
any of its rights, recognize the transactions and debit or credit
the Card accordingly.
Limitations on Value. The minimum initial amount
of value that can be "loaded" or added to the Card is $20.00.
The maximum amount of value that may be "reloaded" or added
to the Card on any calendar day is limited to $2,500. The maximum
amount of value that can reside on the Card at any time shall be $2,500.
SCN, in its sole discretion, may increase or decrease these limits
from time to time upon notice to you.
Personal Identification Number ("PIN"). The
PIN that accompanies your Card is a security feature that functions
as your signature, identifying you as the proper user of the Card,
and authorizing any transactions that you make with the Card. Your
PIN allows you to access your funds. Keep your PIN in a safe place,
separate from the Card. Do not write the PIN on your Card, or otherwise
make it available to anyone else. Regardless of your actions, you
assume full responsibility for any and all transactions made by unauthorized
users. If you voluntarily give your Card to another and/or allow others
access to your PIN you will be fully responsible for their use of
the Card and any funds and/or purchases made with the Card. Your PIN
is our only method of identifying your account. Keep it separate and
keep it safe.
Liability for Overdrafts. You must have sufficient
value available on the Card to pay for each transaction. You may not
make purchases that in the aggregate exceed $2,500 per calendar day.
If a merchant attempts to process a transaction for more than the value
available on the Card, the transaction will be declined. Nonetheless,
if, for any reason, a transaction is processed for more than the value
on the Card, you are liable for that entire amount and agree to pay
any overdraft immediately on demand. We reserve the right to automatically
debit such overdrafts from any available funds present now or in the
future on this Card or any other Card(s) you have on file at SCN.
Disputed Transactions. Bank is not responsible for
the delivery, quality, safety, legality or any other aspect of goods
and services purchased by you with the Card. All such disputes should
be addressed to the merchants from whom the relevant goods and services
were purchased.
Refunds. Any refund for goods or services purchased
with the Card may only be made in the form of a credit to the Card.
You are not entitled to receive the refund in cash.
Cancellation; Suspension of Use. Bank, in its sole
and absolute discretion, may limit your use of the Card. Bank may refuse
to issue a Card or may revoke the Card privileges with or without cause
or notice, other than any required by applicable law. The Card at all
times remains the property of the Bank and may be repossessed by Bank
at any time. If you would like to cancel use of the Card, call SCN at
1-866-207-9568. We may also suspend use of the Card at any time and
for any reason. If we decide to cancel or suspend use of the Card, we
will attempt to notify you by U.S. mail or electronic mail. Upon cancellation
of the Card privileges, use of the Card must be immediately discontinued.
You agree not to use or attempt to use an expired, revoked or otherwise
invalid Card. Bank's cancellation of Card privileges will not affect
your rights and obligations pursuant to this Agreement. If we cancel
or suspend your Card privileges through no fault of yours, you will
be entitled to a refund of any remaining balance as provided in this
Agreement.
Card Expiration. You may use the Card only through
the expiration date. Without limiting the generality of the foregoing,
if you attempt to use the Card after the expiration date, transactions
will not be processed.
Settlement Upon Expiration or Cancellation. If there
is a balance remaining on the Card upon expiration, the balance will
be transferred to a new Card if we choose to issue one to you. If we
choose not to issue a new Card to you or if we cancel your Card privileges
for any reason we will attempt to refund to you the balance remaining
on the Card less all amounts owed in connection therewith (including
all fees and charges described in this Agreement and the amount of any
overdraft) upon expiration. A check made payable to you will be mailed
to your most recent postal address as indicated in our books and records.
Credit Inquiries. You authorize the Bank and SCN to
make or have made any credit, employment and investigative inquiries
as Bank and/or SCN deem appropriate in connection with the activation,
issuance, loading, reloading or review of the Card, whether for fraud,
misuse or otherwise.
Change of Terms. Subject to the limitations of applicable
law, we may at any time change or remove any of the terms and conditions
of, or add new terms or conditions to, this Agreement. We will send
notice of any such change to you by U.S. mail to your current address
listed on the Bank's books and records. As of the effective date included
in any notice, the changed or new terms will apply to the Card, including,
without limitation, all future transactions made using the Card. Notwithstanding
the foregoing, advance notice of any change may not be given if it is
necessary to make any such change immediately in order to maintain or
restore the security of the Card or any related payment system. If any
such change becomes permanent and disclosure to you of the change would
not jeopardize the security of the Card or any related payment system,
notice will be provided to you within thirty (30) days of making the
change.
Fees and Charges. We will charge you the fees and charges
set forth on the Schedule of Fees and Charges attached hereto and incorporated
herein by reference. All fees and charges will be deducted automatically
from the Card balance at the time the fee or charge is incurred.
Unclaimed Property. If we have no record of transactions
on the Card for several years, applicable law requires us to report
the balance on the Card as unclaimed property. If this occurs, we will
try to locate you at the address shown in our records. If we are unable
to locate you, we may be required to deliver any value remaining on
the Card to the State of Texas as unclaimed property. We may deduct
a Dormancy Fee, as permitted by law and described in the "Schedule
of Fees and Charges."
Card Information. The current available balance on
the Card and descriptions of debits and credits thereto will be available
to you as soon as practicable after the settlement of each transaction.
To obtain such information, call SCN Customer Service at 1-866-207-9568
or visit www.securecashnetwork.com, as applicable. A charge may apply
for balance inquires requested by telephone. Please see the "Schedule
of Fees and Charges set forth in this Agreement for details regarding
this charge and other fees and charges associated with the Card.
Periodic Statements. Electronic periodic statements
of Card transactions will be made available monthly at the www.securecashnetwork.com
website, as applicable, unless there are no transactions in a particular
month. You agree that these are reasonable procedures for sending and
receiving periodic statements.
Examination of Periodic Statements. You agree to inspect
your periodic statements and to notify SCN of any erroneous, improper
or unauthorized transactions on the Card. If your periodic statement
indicates transactions that you did not make, notify SCN immediately
by calling the telephone number or writing to the address shown in the
"Contact Information" section of this Agreement. See the section
entitled "Your Liability for Unauthorized Transfers" for additional
information concerning your liability for unauthorized transfers.
Contact Information. If you have questions regarding
the Card, you may call SCN at 1-866-207-9568 or write to Secure Cash
Network Customer Service; 808 W. Dallas St., Suite A;
Conroe, Texas; 77301.
Legal Costs. If the Bank takes legal proceedings against
you because of a default in the terms of this Agreement, you must pay
reasonable attorneys' fees and other costs of the proceedings. Your
responsibility for fees and costs shall in no event exceed the maximum
amount allowed by law.
Waiver. To the extent permitted by law, you waive and
release Bank and SCN from all defenses, rights and claims you have or
may have against Bank and SCN arising from or relating to any use of
the Card.
Delay of Rights. The Bank can waive or delay enforcement
of any of its rights under this Agreement without losing them.
Foreign Exchange/Currency Conversion. If you use the Card for transactions
in a currency other than U.S. Dollars, the transactions will be converted
by Visa, as applicable, to U.S. Dollars, generally using either a (i)
government-mandated rate or (ii) wholesale market rate in effect the
day before the transaction is processed (the "processing date"),
increased by one percent (1%). If a credit is subsequently given for
a transaction, it will be decreased by one percent (1%). If the credit
has a different processing date, then the exchange rate of the credit
can be greater/less than that of the original transaction. The currency
conversion rate on the day before the processing date may differ from
the rate in effect at the time of the transaction or on the date the
transaction is posted to the Card. You agree to accept the converted
amount in U.S. Dollars.
Change of Address. If your U.S. mail or postal address
changes, you must notify SCN Customer Service immediately. Failure to
do so may result in information regarding the Card being mailed to the
wrong person or your transactions being declined at the point-of-sale.
In such event, we shall not be responsible for any resulting misuse
of value on the Card. Any notice given by Bank shall be deemed given
to you if mailed to you at the last U.S. mail address for the Card furnished
by you to SCN. You agree Bank may accept changes of address from the
U.S. Postal Service.
Information to Third Parties. We will disclose personally
identifiable information to third parties (including, but not limited
to, SCN) about the Card or the transactions you make:
(a) where it is necessary for completing transactions;
(b) in order to verify the existence and condition of the Card for a
third party;
(c) in order to comply with government agency or court orders;
(d) if you give us your written permission;
(e) to service providers who administer the Card or perform data processing,
records management, collections, and other similar services for us,
in order that they may perform those services;
(f) in order to prevent or investigate possible illegal activity; or
(g) in order to issue authorizations for transactions on the Card.
Governing Law. All matters, whether sounding in contract,
tort or otherwise, relating to the validity, construction, interpretation
or enforcement of this Agreement shall be determined by the laws of
the United States and, to the extent not inconsistent therewith, the
laws of the State of Texas.
Liability for Authorized Users. If you authorize another
person to use the Card you agree, to the extent permitted by law, that
you will be liable for all transactions arising from use of the Card
by such person.
Lost or Stolen Cards. To the extent permitted by applicable
law, we are not responsible for lost or stolen Cards or any unauthorized
transactions made with the Card. You agree to give the notice described
in the section entitled "Notice in Event of Unauthorized Transfer"
if the Card is lost or stolen, and you should do so immediately to minimize
your possible losses. See the section entitled "Your Liability
for Unauthorized Transfers" in this Agreement for additional information
concerning your liability for unauthorized transfers. You also agree,
to the extent permitted by law, to cooperate completely with Bank and
SCN in either of their attempts to recover from unauthorized users and
to assist in their prosecution.
Liability for Failure to Make Transfers. If we do not
complete a transaction to or from the Card on time or in the correct
amount according to our Agreement with you, we may be liable for your
losses or damages. However, there are some exceptions. We will not be
liable, for instance:
(a) if through no fault of ours, you do not have enough value on the
Card
to complete the transaction;
(b) if either your computer system or the Bank's computer systems were
not working properly and you knew about the problem when you started
the transaction;
(c) if a merchant refuses to honor the Card;
(d) if circumstances beyond our control (such as fire, flood, terrorist
attack or national emergency) prevent the transaction, despite reasonable
precautions that we have taken;
(e) if you attempt to use a Card that has not been properly activated;
(f) if a Merchant where the Card was either purchased or loaded did
not properly transmit information to SCN; or
(g) there are other exceptions stated in our Agreement with you.
In Case of Errors or Questions About Card Transactions.
If you think your periodic statement is wrong or if you need more information
about a transaction listed on the periodic statement, please contact
SCN as soon as you can by calling 1-866-207-9568; or writing to Secure
Cash Network Customer Service; 808 W. Dallas St., Suite
A; Conroe, TX; 77301. We must hear from you no later than sixty
(60) days after we made available the FIRST periodic statement on which
the problem or error appeared. When notifying us, you must:
(a) tell us the name, address, and Card number of the Cardholder;
(b) describe the error or the transaction you are unsure about, and
explain as clearly as you can why you believe it is an error or why
you need more information; and
(c) tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us 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 re-credit the
Card within ten (10) business days for the amount you think is in error
so that you will have the use of the value during the time it takes
us to complete the investigation. If we ask you to put your complaint
or question in writing and we do not receive it within ten (10) business
days, we may not re-credit the Card. We will tell you the results within
three (3) business days after completing our investigation and we will
correct any error promptly. 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.
Right to Receive Documentation. You have the right
to request copies of documents SCN uses in its investigation when you
notify Bank of an error or question about your periodic statement as
described herein.
Your Liability for Unauthorized Transfers. Tell us
AT ONCE if you believe the Card has been lost or stolen. Contacting
us by telephone at 1-866-207-9568 is the best way of keeping your losses
down. You could lose all the value on the Card. Also, if your periodic
statement shows transactions that you did not make, tell us at once.
If you do not tell us within sixty (60) days after the periodic statement
was made available to you, you may not get back any Card value you lost
after the sixty (60) days if we can prove that we could have stopped
someone from taking the Card value 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 may extend the time periods at our discretion.
Notice in Event of Unauthorized Transfer. If you believe
the Card has been lost or stolen or that someone has transferred or
may transfer value from the Card without authorization, call SCN Customer
Service at 1-866-207-9568.
Consent to Jurisdiction. You consent and submit to
the exclusive jurisdiction of the state and federal courts located in
Texas in all controversies arising out of or in connection with your
use of the Card and this Agreement.
Void Where Prohibited. Not all services described in
this Agreement are available to all persons or at all locations. We
reserve the right to limit, at our sole discretion, the provision of
any such services to any person or in any location. Any offer of a service
in this Agreement shall be deemed void where prohibited.
Non-Assignability. You may not assign or transfer this
Agreement or any of your respective rights, obligations, duties, responsibilities
or liabilities under this Agreement, and any attempt to the contrary
shall be null and void. This Agreement shall be binding on you and your
respective executors, administrators, and permitted assigns.
Entire Agreement. This Agreement sets forth the entire
understanding and agreement between you and us, whether written or oral,
with respect to the subject matter hereof and supersedes any prior or
contemporaneous understandings or agreements with respect to such subject
matter.
Section Headings. Section headings in this Agreement
are for convenience of reference only, and shall not govern the interpretation
of any provision of this Agreement.
Severability. If any of the terms of this Agreement
are invalid, changed by applicable law or declared invalid by order
of court or regulatory authority, the remaining terms of this Agreement
shall not be affected, and this Agreement shall be interpreted as if
the invalid terms had not been included in this Agreement.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED
IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, CUSTOMER SERVICE
FUNCTIONS, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
LIMITED LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY REQUIRED BY THIS AGREEMENT
OR APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR PERFORMING OR FAILING
TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT UNLESS WE HAVE ACTED
IN BAD FAITH.WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE TO
YOU FOR DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR
CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOVERNMENTAL AUTHORITIES,
NATIONAL EMERGENCIES, INSURRECTION, WAR, RIOTS, FAILURE OF MERCHANTS
TO HONOR THE REFERENCE CARD OR THE PHYSICAL CARD, FAILURE OF SCN TO
PROVIDE ANY SERVICES, FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES,
FAILURE OF COMMUNICATION SYSTEMS, OR FAILURES OF OR DIFFICULTIES WITH
OUR EQUIPMENT OR SYSTEMS. NOT IN LIMITATION OF THE FOREGOING, WE WILL
NOT BE LIABLE TO YOU FOR ANY DELAY, FAILURE OR MALFUNCTION ATTRIBUTABLE
TO YOUR EQUIPMENT, ANY INTERNET SERVICE, ANY PAYMENT SYSTEM OR ANY CUSTOMER
SERVICE FUNCTION. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL
ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DAMAGES. IN NO EVENT SHALL YOU
BE ENTITLED TO RECOVER ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY OR SPECIAL
DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED
US OF THE POSSIBILITY OF SUCH DAMAGES.
ARBITRATION OF DISPUTES. Except as expressly provided
below, any controversy that arises out of or is related to (a) the Card;
or (b) any service relating to the Card; or (c) any agreement or instrument
relating to the Card or any such service; or (d) any breach of any of
the foregoing, whether based on statute, contract, tort or any other
legal theory, in which the aggregate amount in controversy for all claimants
exceeds $15,000 including interest and attorneys' fees (any "Claim")
will be settled on an individual basis by binding arbitration under
the Federal Arbitration Act ("FAA"). Judgment on the arbitration
award may be entered in any court having jurisdiction. Any dispute regarding
whether a particular controversy is subject to arbitration will be decided
by the arbitrator(s). If any part of the damages or other relief requested
is not expressly stated as a dollar amount, the controversy will be
a Claim that is subject to arbitration. You and Bank acknowledge and
agree that the transactions contemplated by use of the Card, and any
controversy that may arise under or relate to the Card or the services
or this Agreement, involve "commerce" as that term is defined
and used in the FAA. The arbitration will be administered by the American
Arbitration Association (the "AAA") under its Commercial Arbitration
Rules (the "Arbitration Rules"). We will tell you how to contact
the AAA and how to get a copy of the Arbitration Rules without cost
if you ask us in writing to do so. The Arbitration Rules permit you
to request deferral or reduction of the administrative fees of arbitration
if paying them would cause you a hardship. Any in-person arbitration
hearing will be held in The Woodlands, Texas, where our employees and
records of the Card are located.
Each arbitrator shall be a licensed attorney who has been engaged in
the private practice of law continuously during the ten (10) years immediately
preceding the arbitration or a retired judge of a court of general or
appellate jurisdiction. The arbitration award shall award only such
relief as a court of competent jurisdiction could properly award under
applicable law, including attorneys' fees if allowed by applicable law
or agreement, and may award to the prevailing party all pre- and post-award
expenses of arbitration. All statutes of limitation, defenses, and attorney-client
and other privileges that would apply in a court proceeding will apply
in the arbitration. The filing of a demand for arbitration in accordance
with the Arbitration Rules will be deemed the commencement of an action
for purposes of any applicable statute of limitations. There will be
no class Claims-Claims by or on behalf of other persons will not be
considered in or consolidated with the arbitration proceedings between
you and Bank.
The Card does not limit the right of you or us, whether before, during
or after the pendency of any arbitration proceeding, to exercise self-help
remedies such as the right of set-off or to obtain provisional or ancillary
remedies or injunctive or other traditionally equitable relief (other
than a stay of arbitration) necessary to protect the rights or property
of the party seeking relief pending the arbitrator's determination of
the merits of the Claim. The taking of any of the actions described
in the preceding sentence by either party or the filing of a court action
by a party shall not be deemed to be a waiver of the right to demand
arbitration of any Claim asserted as a counterclaim or the like in response
to any such action. This provision in which you and Bank have agreed
to arbitrate disputes will survive the termination of your relationship
with Bank, whether evidenced by this Agreement or otherwise.
You acknowledge that you have read carefully this provision
in which you and Bank have agreed to arbitrate disputes. You understand
that this provision limits or waives certain of your rights. With respect
to claims that you are agreeing to arbitrate pursuant to this provision,
you understand that you are waiving your right to bring a court action
and to have a jury trial. You understand that there will be no class
claims in arbitration. You further understand that discovery may be
more limited in arbitration than in a court proceeding, and the right
and grounds to appeal from an arbitrator's award are more limited than
in an appeal from a court judgment. In addition, you understand that
certain other rights you have in a court proceeding also may not be
available in arbitration.
PRIVACY POLICY
This Privacy Policy is provided by Secure Cash Network, Inc.
(hereinafter referred to as "SCN.")
This Privacy Policy includes examples of the types of nonpublic personal
information we collect and the kind of companies with whom we may share
such information. These examples are illustrative and should not be
considered a complete inventory of our information collection, use and
sharing practices. In addition, you may have other privacy protections
under some state laws.
Please note that this Privacy Policy will not apply to your independent
relationships with other companies that may from time to time offer
you products and services in conjunction with the Card. The privacy
policies of such other companies will govern how they collect, use and
disclose personal information that you choose to allow them to access.
Information We May Collect
In order to provide you with products and services you have requested,
to service the Card, and as we deem appropriate to determine your eligibility
for products or services, SCN collects or reserves the right to collect
the following types of nonpublic personal information about you from
the following sources:
.Information we receive from you (or is provided to us on your behalf)
including but not limited to your name, address, telephone number and
date of birth;
.Information about your transactions with us or others, such as the
balance on the Card, payment history, parties to transactions and Card
usage;
.Information we receive from a consumer-reporting agency, such as your
creditworthiness and credit history.
Information We May Disclose and To Whom We May Disclose Information
Disclosures Permitted by Law
SCN may disclose all of the nonpublic personal information described
above, as permitted by law. For example, we may use affiliates or vendors
of SCN to perform services for us, such as providing customer assistance,
processing your Card transactions, preparing monthly statements describing
activity on the Card and maintaining or developing software for us.
We also may disclose information in response to requests from law enforcement
agencies or state and federal banking regulators.
Disclosures for Joint Marketing and Servicing
SCN may disclose all of the nonpublic personal information described
above to companies that perform marketing services on our behalf including
financial companies, such as banks and insurance companies; non-financial
companies, such as direct marketers and mail houses; and others, such
as membership organizations and others with whom we have joint marketing
agreements.
Other Disclosures
In order to make available to you a wide variety of special non-financial
products and services, such as discount travel, discount movie tickets
and discount shopping programs, SCN may enter into arrangements with
non-affiliated parties to provide you with such special offers. SCN
may disclose all of the nonpublic personal information described above
to these parties who may want to offer their products and services to
you, unless you opt-out as described below.
Information Regarding Former Customers
SCN discloses nonpublic personal information about former Card customers
with inactive Cards only in accordance with this Privacy Policy.
Our Security Procedures
SCN restricts access to nonpublic personal information about you to
those employees whom we determine have a legitimate business purpose
to access such information in connection with the provision of products
or services to you. We maintain physical, electronic and procedural
safeguards that comply with federal standards to guard nonpublic personal
information about you.
Changes to this Privacy Policy
We reserve the right to modify or supplement this Privacy Policy at
any time. If we make material changes, we will provide current customers
with a revised notice that describes our new practices.
Your Right to Opt-Out of Other Disclosures to Nonaffiliated Third Parties
If you prefer that we not share nonpublic personal information about
you with nonaffiliated parties as described under "Other Disclosures"
above, you may opt-out at any time by requesting us not to make those
disclosures by calling SCN customer service at 1-866-207-9568. Your
"opt-out" designation does not apply to disclosures permitted
by law, disclosures for Joint Marketing and Servicing described above,
or disclosures to which you have consented.
If you have authorized a Registered User for the Card, and either you
or the Registered User chooses to opt-out, that decision will apply
to the entire Card.
Once your request has been processed, it will remain in effect until
you request a change. Please note that we cannot accommodate special
opt-out requests.
SCHEDULE OF FEES AND CHARGES
Monthly Card Maintenance Fee $5.00 per month.
Cards will be automatically debited this amount on the 1st day of the
month following the month the Card was activated.
ATM Fee ATM Usage Fee of $1.75 per ATM transaction
within the U.S. and $5.00 per ATM transaction outside the U.S. ATM Decline
or Inquiry transactions are $1.00 per transaction.
POS Fee POS Usage Fee of $1.00 per POS transaction
within the U.S. and $1.50 per POS transaction outside the U.S.
Bill Payment Usage Fee of $1.75.
Special Service Fees Balance Inquiry and Transaction
History: This information is free online at www.securecashnetwork.com
, as applicable. If you wish to obtain this balance information by telephone,
there is a charge of up to $2.00 per call.
Other Fees
Card Rush Delivery Option: $19.95
Lost or Stolen Card Replacement Fee: $20.00
Card Liquidation Fee: $10.00 if liquidation is requested 30 days or
more after activation but before Card expiration.
Card Research and Special Requests: Should you request
that we perform research or handle special requests relating to the
Card, there will be a charge of up to $25 per hour for each request.
Should your request be the result of a billing error or unauthorized
transaction, this service is free.
Purchase and Reload: The store where you purchase the
Card will charge an initial activation fee and a reload fee. Check with
your retailer for information on these fees before you purchase the
Card.
Penalty Charges
Overdraft Fee: $25.00
Returned Check Fee: $25.00
Dormancy Fee: $15.00 per month charged to abandoned
Cards, for up to twelve (12) months after the Card has been deemed abandoned.
Abandoned Cards will be deemed as such if, a) a Card was purchased,
but not activated after 90 days, or b) there is 90 days of no transactional.
