This Cardholder Agreement ("Agreement"), effective on January 9, 2018, sets forth the terms and conditions under which the RushCard Prepaid Visa Card has been issued to you. By accepting, signing, or using this Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" and "RushCard" means the RushCard Prepaid Visa 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. "UniRush" or "Program Manger" means UniRush, LLC, who provides certain program-related services on our behalf, and is an Independent Sales Organization ("ISO") pursuant to an agreement with the Issuer. 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.
All fees will be assessed from the funds on your Card. Fees will be assessed as long as there is a remaining balance on your Card, except where prohibited by law. Any time your remaining Card balance is less than the fee amount being assessed, the balance of your Card will be applied to the fee amount. With the exception of an ATM Balance Inquiry Fee, One-Time Card Fee, Replacement Card Fee, or Expedited Card Fee, this will result in a zero balance on your Card. With respect to an ATM Balance Inquiry Fee, One-Time Card Fee, Replacement Card Fee, or Expedited Card Fee, this will result in a negative balance on your Card. If that occurs, funds subsequently deposited into your Card will be applied to the negative balance. If your Card has a negative balance, to the extent permitted by law, we may, at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other RushCard(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other RushCard(s) with us you may have without notice to you.
|Fee||Rush Unlimited Plan||Pay As You Go Plan||Description|
|One-Time Card Fee||$3.95 or $9.95||$3.95 or $9.95||The One-Time Card Fee is determined by the plastic design you request and is paid by you when you first load funds to your Card. It is also assessed if you change your card design when you request a replacement card.|
|Monthly Fee||$7.95 OR $5.95 if you receive a payroll/government benefit Direct Deposit in the prior calendar month||NO CHARGE||For your first month, the Monthly Fee will be prorated and assessed on the date you first load funds on your Card. Thereafter, the Monthly Fee is assessed on the first day of every month. If your balance is less than the Monthly Fee, your balance will be applied to the fee amount and any future load of funds that month will be applied to the remainder of the Monthly Fee.|
|Domestic Transaction Fee||NO CHARGE||$1.00 each||Assessed each time you make a purchase transaction.|
|Add Money Fee||NO CHARGE||NO CHARGE||Third party load partners may charge a fee for use of their services.|
|Toll-Free Telephone Balance Inquiries||NO CHARGE||NO CHARGE||You may call the phone number printed on your Card at any time to receive your balance using our automated Voice Response system.|
|ATM Balance Inquiry Fee||$0.50||$0.50||Assessed if you request a Card balance at an ATM. You may be charged a fee by the ATM operator in addition to our fee (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer). Go to www.rushcard.com for more information on how to check your balance at no cost.|
|ATM Withdrawal Fee – In Network 1||NO CHARGE||NO CHARGE||No additional fees will be assessed by either RushCard or the ATM operator at In Network ATMs.|
|ATM Withdrawal Fee – Out of Network 2||$2.50||$2.50||Assessed if you use your Card to obtain cash from an Out of Network ATM. You may be charged an additional fee by the ATM operator even if you do not complete a transaction. This ATM fee is a third party fee amount assessed by the individual ATM operator and will be charged to your Card.|
|Over the Counter Withdrawal Fee||$2.50||$2.50||Assessed if you withdraw money over the counter at a financial institution|
|Card To Card Transfer Fee (Cardholder-to-Cardholder)||$0.99||$0.99||
Assessed if you initiate a transfer of your funds from one Card to another Card.
Personal Card-to-Card (transfers between the same Cardholder) are offered at NO CHARGE.
|Replacement Card Fee (for Lost, Stolen or Damaged Card)||$5.00||$5.00||If you wish to change your Card design, the applicable One-Time Card Fee will also be assessed as described above. This fee will vary depending on the Card design you choose.|
|Expedited Card Fee||$30.00||$30.00||Assessed if you request to issue your Card in the expedited time frame of two to three days.|
|Expedited Cash Fee||$30.00||$30.00||Assessed if you request to receive the balance of your Card sent to you via cash through one of our Designated Loading Partners if you have reported your Card as lost or stolen and do not have access to your Card balance.|
|Maintenance Fee||NO CHARGE||$1.95||As permitted by law, Maintenance Fee will be assessed if there are no transactions or loads posted to your Card for at least ninety (90) consecutive days. Maintenance Fee is assessed each month and will be deducted from your Card balance until you next use your Card.|
|International Transaction Fee 3||NO CHARGE||$2.00 each||Assessed if you make an international purchase transaction outside the 50 US States or the District of Columbia.|
|Currency Conversion Fee||See Description||See Description||You will be charged a fee of 3% of the converted U.S. dollar amount of any transaction or withdrawal made in a currency other than U.S. dollars. See section 4(c) for additional information.|
1 "In Network" refers to certain ATMs. To find the nearest In Network ATM, visit www.rushcard.com.
2 "Out of Network" refers to all ATMs outside of the In Network ATMs.
3 Currency Conversion Fee also applies.
Your Card is a prepaid card, which allows you to access funds loaded to your Card account. You should treat your Card with the same care as you would treat cash. Your Card account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on the funds in your Card account. This Card is not designated for business use and we may close your Card if we determine that it is being used for business purposes. We may close your Card or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. The funds in your Card account are held in a custodial account with us on your behalf, and are insured by the Federal Deposit Insurance Corporation ("FDIC"), subject to applicable limitations and restrictions of such insurance.
Important information for opening a card: To help the federal government fight the funding of terrorism and money laundering activities, the USA PATRIOT Act requires all financial institutions and their third parties to obtain, verify, and record information that identifies each person who opens a Card.
What this means for you: When you open a Card, we will ask for your name, street address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other documents at any time. We may limit your ability to use your Card or certain Card features until we have been able to successfully verify your identity.
Eligibility and Activation: To be eligible to use and activate this Card, you represent and warrant to us that: (i) you are at least 18 years of age or are at least 13 years of age and have your parent’s or guardian’s consent to open a Card; (ii) the personal information that you have provided to us is true, correct and complete; (iii) you are a U.S. citizen or legal alien residing in the 50 United States (excluding Vermont) or District of Columbia; (iv) you have provided us with a verifiable U.S. street address (not a P.O. Box); and (v) you have read this Agreement and agree to be bound by and comply with its terms. Your RushCard will be initially activated when you successfully set a PIN (defined below) and load funds onto it in an amount greater than or equal to the Card One-Time Card Fee.
You may add funds to your Card account, called "loading," by: (i) Automated Clearing House ("ACH") loads (e.g., direct deposit); (ii) Loading cash through one of our partners’ reload locations (a list is available at https://www.rushcard.com/cash-check-add-money); (iii) or Loading through card-to-card transfers. Each load may be subject to a fee pursuant to the Fee table. If you arrange to have funds transferred directly to your Card from a third party through an ACH load, you must enroll with the third party by providing the bank routing number and direct deposit account number that we provide you. YOU AGREE THAT ONLY DIRECT DEPOSITS IN YOUR NAME WILL BE LOADED TO THE CARD. ALL DIRECT DEPOSITS IN THE NAME OF ANYONE ELSE WILL BE DECLINED AND RETURNED. The maximum balance allowed on your Card is $10,000. We will reject any loads that exceed the maximum balance allowed on your Card. There are also maximum load restrictions we may place on your Card when aggregated with any other Cards you have. You agree to present your Card and meet identification requirements to complete load transactions as may be required from time to time.
FEDERAL PAYMENTS: THE ONLY FEDERAL PAYMENTS THAT MAY BE LOADED TO YOUR CARD VIA AN AUTOMATED CLEARING HOUSE ("ACH") CREDIT ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. IF YOU HAVE QUESTIONS ABOUT THIS REQUIREMENT, PLEASE CALL CUSTOMER SERVICE.
Each time you use your Card, you authorize us to reduce the value available on your Card by the amount of the transaction and applicable fees. Your Card cannot be redeemed for cash. You may not use your Card for any illegal transactions. You may use your Card to:
You may use your Card to purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Card account.
You are not authorized to use the bank routing number and account number to make a debit transaction with a paper check, check-by-phone or other item processed as a check, or if you do not have sufficient funds in your account. These debits will be declined and your payment will not be processed.
Currency Conversion Fee: If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued ("Foreign Transaction"), you will be charged a fee equal to 3% of the total amount of the transaction in U.S. Dollars. The card association may consider transactions occurring in U.S. territories to be Foreign Transactions, so transactions originating from these locations may be subject to a Foreign Transaction Fee. If the Foreign Transaction results in a credit due to a return, we will not refund any Foreign Transaction Fee that may have been charged on your original purchase.
Currency Conversion: If you make a Foreign Transaction, the amount deducted from your funds will be converted by the network or card association that processes the transaction into US Dollars. Mastercard® International Inc. and Visa U.S.A. Inc. currently use a conversion rate that is either: (i) selected from the range of rates available in wholesale currency markets (which may vary from the rate the association itself receives), or (ii) the government-mandated rate in effect for the applicable central processing date. The conversion rate selected by the network is independent of the Foreign Transaction Fee that we charge as compensation for our services.
|Balance, Load, Withdrawal and Spend Limits *|
|Maximum Card balance at any time||$10,000|
|Cash *||$2,999 total per day.|
|Card-to-Card transfer||$2,000 total per 24 hour period & $5,000 total per month|
|Withdrawal Limitations **||Limit *|
|Maximum amount of over-the-counter withdrawal from a bank||$3,000 per calendar month.|
|Maximum amount of ATM withdrawal $3,000 per calendar month.||$3,000 per calendar month.|
|Spend Limitations **||Limit|
|Maximum amount in Point of Sale Transactions||$5,000 per day|
* Third parties may impose additional limitations.
** The maximum combined amount that can be unloaded from your Card per day is $5,000.
You will have access to your funds at the times noted below. The access times vary with each load method.
|Direct Deposit / ACH||Usually same day as received; may be up to 2 days early based upon source of the direct deposit and the timing of the payer funding|
|Cash Load||Usually within 1 hour, but no later than the next business day|
|RushCard to RushCard Transfer (1 or 2 Cardholders)||$2,000 total per 24 hour period & $5,000 total per monthUsually on the date specified by you, but no later than the next business day.|
All checks (personal, payroll, cashiers) and money orders sent to UniRush or Issuer for Card loading will not be accepted and may be returned.
When you activate your RushCard, you must select a Personalized Identification Number ("PIN") to be assigned to your Card. If you load funds onto your Card without setting a PIN, you will not be able to access the funds until you set your PIN. You should not write or keep your PIN with your Card. Never share your PIN with anyone and do not enter your PIN into any terminal that appears to be modified or suspicious. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the section labeled "Lost or Stolen Cards; Unauthorized Transactions" below.
You may obtain information about the amount of money you have remaining in your Card account by calling Customer Service. This information, along with a 60-day history of account transactions, is also available on our Website. You also have the right to obtain a sixty (60) day written history of account transactions by calling or writing Customer Service.
You may not permit another person to have access to your Card or Card number. If you do provide access to your Card or Card number, you are liable for all transactions incurred with the Card or Card number. Your RushCard is for use by you. You may not request an additional Card for another person. We do not offer companion or secondary Cardholder Cards. You may not attempt to load your Card with direct deposits designated to another person and no one but you may load funds to the Card.
You must notify us to revoke permission for any person you previously authorized to use Card information or have access to your account. You are wholly responsible for the use of each Card according to the terms of this Agreement subject to the section labeled "Lost or Stolen Cards; Unauthorized Transactions" below, and other applicable law.
You do not have the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided herein. With certain types of purchases (such as those made at restaurants, hotels, or similar purchases), your Card may be "preauthorized" for an amount greater than the transaction amount to cover gratuity or incidental expenses. Any preauthorization amount will place a "hold" on your available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorization amount on hold will be removed. During this time, you will not have access to preauthorized amounts. 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 thirty (30) days. If you use your card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount (place a hold) on your Card Account of $75.00 or more. This may cause your Card to be declined even though you have sufficient funds on your Card to pay for the transaction. If this happens, pay for the purchase inside and tell the cashier exactly how much you want to spend. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
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 contact Customer Service to find out whether or not the deposit has been made.
Right to stop payment and procedure for doing so: If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Here is how: stop the Payment in Rush Bill Pay or Contact Customer Service in time for us to receive your request three 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.
Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. The person you are going to pay may let you choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.
Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments three business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.
If you are entitled to a refund for any reason for goods or services obtained with your Card, the return and refund will be handled by the merchant. If the merchant credits your Card, the credit may not be immediately available. While merchant refunds post as soon as they are received, please note that we have no control over when a merchant sends a credit transaction and the refund may not be available for a number of days after the date the refund transaction occurs. You may not receive a merchant credit or refund on your Card if you did not previously use the same Card to make a purchase from that merchant.
You may wish to retain receipts as a record of transactions. Receipts will be required if you need to verify a transaction.
If you do not have enough funds available in your Card account, you may be able to instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with another form of payment. These are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow 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 an internet transaction, a mail order or a telephone purchase), the legal effect will be the same as if you used the Card itself.
YOU 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, you shall remain fully liable to us for the amount of the transaction and agree to pay us promptly for the negative balance. We may apply a debit to any subsequent credits to the Card or any other account you have with us for the amount of any negative balance on your Card. We also reserve the right to cancel this Card and close your Card account should you create one or more negative balances with your Card.
If you enter a PIN, transactions may be processed as either a Visa debit transaction or as a Maestro transaction. Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the Maestro network when making a transaction with a PIN, different terms may apply, such as Mastercard zero liability. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the Maestro network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions. To initiate a Visa debit transaction at the POS, swipe your Card through a POS terminal, sign the receipt, or provide your Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter your PIN at the POS terminal or provide your Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
If you need to replace your Card for any reason, please contact Customer Service. You will be required to provide personal information which may include your Card number, full name, transaction history, copies of accepted identification, etc. There may be a fee to replace your Card. See Fee Schedule for additional information. Please note that your Card has a "Good Thru" date on the front of the Card. You may not use the Card after the "Good Thru" date on the front of your Card. However, even if the "Good Thru" date has passed, the available funds on your Card do not expire. You will not be charged a fee for replacement cards that we send due to expiration of the Card.
For purposes of these disclosures, our business days are Monday through Friday excluding federal holidays (even if we are open).
If you believe your Card or PIN has been lost or stolen, contact Customer Service. You should also call Customer Service if you believe a transfer has been made using the information from your Card or PIN without your permission.
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. Calling Customer Service is the best way of keeping your possible losses down. You could lose all the money in your Card account. If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days after the earlier of the date you electronically accessed your account (if the unauthorized transfer could be viewed in your electronic history), or the date we sent the FIRST written history on which the unauthorized transfer appeared (but in either case not later than 120 days after the transaction posted), you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.
Contact Customer Service 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 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared (but in either case not later than 120 days after the transaction posted). You may request a written history of your transactions at any time by contacting Customer Service. You will need to tell us:
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact Customer Service.
Under Mastercard’s Zero Liability Policy, your liability for unauthorized transactions on your Card Account is $0.00 if you notify us promptly upon becoming aware of the loss or theft, and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use. These provisions limiting your liability do not apply to debit transactions not processed by Mastercard or to unregistered cards.
Under Visa’s Zero Liability Policy, your liability for unauthorized transactions on your Card Account is $0.00 if you are not grossly negligent or fraudulent in the handling of your Card. These provisions limiting your liability do not apply to debit transactions not processed by Visa, foreign ATM withdrawals, or unregistered cards.
We may disclose information to third parties about your Card account or the transactions you make:
If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions. We will not be liable, for instance:
You are responsible for notifying us immediately upon any change to your address. If your address changes to a non-US address or a US address in the State of Vermont, we may cancel your Card and return funds to you in accordance with this Agreement.
Use of your Card is subject to all applicable rules of any association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time (for example, assessing a fee less than described, or not all, for any reason does not waive our right to begin charging the fee as set forth in this Agreement without notice). 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. Should your Card have a remaining balance after a certain period of time, we may be required to remit the remaining funds to the appropriate state agency.
You may not assign or transfer your Card or your obligations under this Agreement. We may, however, transfer or assign our rights under this Agreement, including any balances in your Card account. This may mean assigning your account to a different bank. If we assign our rights, you will get a notification from us or our Program Manager on our behalf.
You will be notified of any change in the manner required 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. You may close your Card at any time by contacting Customer Service. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in this Agreement.
For security or other reasons, we may consider your Card inactive or dormant after a certain period of time as determined by us (such period normally not being not less than 45 days) during which time you have not used your Card for any transactions or during which time you may have maintained a zero or negative balance on your Card. If your card is inactive, we may close or cancel the Card at our discretion. The Card and the funds loaded on your Card also may be deemed abandoned after a period of time specified by applicable law. If your card is closed with a negative balance, we may in our discretion (1) close your other Cards; or (2) block you from applying for a new Card until you bring the Card with the negative balance positive; and/or (3) to the extent permitted by law, we may, at our option and without waiving any other rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa RushCard(s) you may have, or you open in the future.
In the event that your Card is cancelled, closed, or terminated for any reason except for suspected fraud or illegal activity, you may request the unused balance to be returned to you via a check to the mailing address we have in our records.
If we identified any fraudulent, illegal, or any other use of your Card which is not permitted by this Agreement, to the extent permitted by law, we may at our option and without waiving any of our rights, offset any direct loss up to the amount suffered by us as a result of such use from any balance on your Card or any other Prepaid Visa RushCard(s) you may have, or you may open in the future. We reserve the right to immediately close your Card and any other Prepaid Visa RushCard(s) with us you may have without notice to you.
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. To the extent permitted by applicable law, you consent and agree that UniRush and service providers under contract to provide services for RushCard may contact you at any telephone number(s) that you provided or any number UniRush has for you in its records, including your cellular or other wireless device to service your Card. RushCard has your permission to contact you by any means available, including text message. You also agree that RushCard may contact you using prerecorded messages or automatic dialers.
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card. You understand and agree all issues with the quality, safety, legality, or any other aspect of the goods or services you purchase with a RushCard must be addressed and handled directly with the merchant from whom the goods or services were provided.
Translations of this Agreement that may have been provided are for your convenience only and may not accurately reflect the original English meaning. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language.
YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT OF OR RELATED TO THIS AGREEMENT. THIS JURY TRIAL WAIVER SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE JURY TRIAL WAIVER.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESS OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNLESS OTHERWISE REQUIRED BY LAW OR THIS AGREEMENT, METABANK OR UNIRUSH 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, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT EITHER METABANK OR UNIRUSH IS 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. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE REQUIRED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR MISCONDUCT BY METABANK OR UNIRUSH SHALL BE LIMITED TO THE TOTAL AMOUNT LOADED ON THE CARD.
We have put this Dispute Clause in question and answer form to make it easier to follow. However, this Dispute Clause is part of this Agreement and is legally binding. For purposes of this section, our Notice Address is: MetaBank, Attn: Customer Service, 5501 S Broadband Ln, Sioux Falls, SD 57108.
|Question||Short Answer||Further Detail|
|What is arbitration?||An alternative to court||In arbitration, a third party arbitrator ("Arbitrator") solves Disputes in an informal hearing.|
|Is it different from court and jury trials?||Yes||The hearing is private. There is no jury. It is usually less formal, faster and less expensive than a lawsuit. Pre-hearing fact finding is limited. Appeals are limited. Courts rarely overturn arbitration awards.|
|Can you opt-out of this Dispute Clause?||Yes, within 60 days||If you do not want this Dispute Clause to apply, you must send us a signed notice within 60 calendar days after you purchase the Card. You must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. Provide your name, address and Card number. State that you "opt out" of the dispute clause.|
|What is this Dispute Clause about?||The parties' agreement to arbitrate Disputes||Unless prohibited by applicable law and unless you opt out, you and we agree that you or we may elect to arbitrate or require arbitration of any "Dispute" as defined below.|
|Who does the Dispute Clause cover?||You, us and certain "Related Parties"||This Dispute Clause governs you and us. It also covers certain "Related Parties": (1) our parents, subsidiaries and affiliates; (2) our employees, directors, officers, shareholders, members and representatives; and (3) any person or company that is involved in a Dispute you pursue at the same time you pursue a related Dispute with us.|
|What Disputes does the Dispute Clause cover?||All Disputes (except certain Disputes about this Dispute Clause)||This Dispute Clause governs all "Disputes" that would usually be decided in court and are between us (or any Related Party) and you. In this Dispute Clause, the word "Disputes" has the broadest reasonable meaning. It includes all claims even indirectly related to your Card or this Agreement. It includes claims related to the validity in general of this Agreement. However, it does not include disputes about the validity, coverage or scope of this Dispute Clause or any part of this Dispute Clause. (This includes a Dispute about the rule against class arbitration.) All such disputes are for a court and not an Arbitrator to decide.|
|Who handles the arbitration?||Usually AAA||
Arbitrations are conducted under this Dispute Clause and the rules of the arbitration administrator in effect when the arbitration is started. However, arbitration rules that conflict with this Dispute Clause do not apply. The arbitration administrator will be either:
If all the above options are unavailable, a court will pick the administrator. No arbitration may be administered without our consent by any administrator that would permit a class arbitration under this Dispute Clause. The arbitrator will be selected under the administrator's rules. However, the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless you and we otherwise agree.
|Can Disputes be litigated?||Sometimes||Either party may bring a lawsuit if the other party does not demand arbitration. We will not demand arbitration of any lawsuit you bring as an individual action in small-claims court. However, we may demand arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.|
|Are you giving up any rights?||Yes||
For Disputes subject to this Dispute Clause, you give up your right to:
We also give up the right to a jury trial and to have courts decide Disputes you wish to arbitrate.
|Can you or another consumer start a class arbitration?||No||The Arbitrator is not allowed to handle any Dispute on a class or representative basis. All Disputes subject to this Dispute Clause must be decided in an individual arbitration or an individual small-claims action. This Dispute Clause will be void if a court rules that the Arbitrator can decide a Dispute on a class basis and the court's ruling is not reversed on appeal.|
|What law applies?||The Federal Arbitration Act ("FAA")||This Agreement and the Cards involve interstate commerce. Thus, the FAA governs this Dispute Clause. The Arbitrator must apply substantive law consistent with the FAA. The Arbitrator must honor statutes of limitation and privilege rights. Punitive damages are governed by the constitutional standards that apply in judicial proceedings.|
|Will anything I do make this Dispute Clause ineffective?||No||This Dispute Clause stays in force even if: (1) you or we end this Agreement; or (2) we transfer or assign our rights under this Agreement.|
|What must a party do before starting a lawsuit or arbitration?||Send a written Dispute notice and work to resolve the Dispute||Before starting a lawsuit or arbitration, the complaining party must give the other party written notice of the Dispute. The notice must explain in reasonable detail the nature of the Dispute and any supporting facts. If you are the complaining party, you must send the notice in writing (and not electronically) to our Notice Address, Attn: General Counsel. You or an attorney you have personally hired must sign the notice and must provide the Card number and a phone number where you (or your attorney) can be reached. A letter from us to you will serve as our written notice of a Dispute. Once a Dispute notice is sent, the complaining party must give the other party a reasonable opportunity over the next 30 days to resolve the Dispute on an individual basis.|
|How does an arbitration start?||Mailing a notice||If the parties do not reach an agreement to resolve the Dispute within 30 days after notice of the Dispute is received, the complaining party may commence a lawsuit or an arbitration, subject to the terms of this Dispute Clause. To start an arbitration, the complaining party picks the administrator and follows the administrator's rules. If one party begins or threatens a lawsuit, the other party can demand arbitration. This demand can be made in court papers. It can be made if a party begins a lawsuit on an individual basis and then tries to pursue a class action. Once an arbitration demand is made, no lawsuit can be brought and any existing lawsuit must stop.|
|Will any hearing be held nearby?||Yes||The Arbitrator may decide that an in-person hearing is unnecessary and that he or she can resolve a Dispute based on written filings and/or a conference call. However, any in-person arbitration hearing must be held at a place reasonably convenient to you.|
|What about appeals?||Very limited||Appeal rights under the FAA are very limited. The Arbitrator’s award will be final and binding. Any appropriate court may enter judgment upon the arbitrator's award.|
|Who bears arbitration fees?||Usually, we do.||We will pay all filing, administrative, hearing and Arbitrator fees if you act in good faith, cannot get a waiver of such fees and ask us to pay.|
|When will we cover your legal fees and costs?||If you win||If you win an arbitration, we will pay the reasonable fees and costs for your attorneys, experts and witnesses. We will also pay these amounts if required under applicable law or the administrator's rules or if payment is required to enforce this Dispute Clause. The Arbitrator shall not limit his or her award of these amounts because your Dispute is for a small amount.|
|Will you ever owe us for arbitration or attorneys' fees?||Only for bad faith||The Arbitrator can require you to pay our fees if (and only if): (1) the Arbitrator finds that you have acted in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)); and (2) this power does not make this Dispute Clause invalid.|
|Can an award be explained?||Yes||A party may request details from the Arbitrator, within 14 days of the ruling. Upon such request, the Arbitrator will explain the ruling in writing.|
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