Cardholder Agreement

Univision Mastercard® Prepaid Cards are issued either by The Bancorp Bank or by MetaBank®.

Issued by MetaBank®
Cards Start With: 5366, 5495, 5490
 
Issued by The Bancorp Bank 
Cards Start With: 5310 or 5311

Univision Mastercard® Prepaid Card Cardholder Agreement

Effective as of June, 2016

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

This Cardholder Agreement (this "Agreement") outlines the terms and conditions under which the Univision Mastercard Prepaid Card has been issued to you. By accepting, signing, or using the Card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the Univision Mastercard Prepaid Card issued to you by MetaBank®. "Card Account" means the records we maintain to account for the value of claims associated with your Card. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean MetaBank, our successors, affiliates, and 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 by us at any time without prior notice, subject to applicable law. Please read this Agreement carefully and keep it for future reference.

1. ABOUT YOUR CARD

Your Card is a prepaid card that 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. Your Card is not a gift card, nor is it intended to be used for gifting purposes. Your Card is not a credit card. You will not receive any interest on the funds in your Card Account. Your Card and Card Account are not designed for business use, and we may close your Card Account if we determine that it is being used for business purposes. We may close your Card Account or refuse to process any transaction that we believe may violate the terms of this Agreement or represents illegal or fraudulent activity. The funds associated with your Card Account are insured by the Federal Deposit Insurance Corporation (the "FDIC") for up to the maximum amount as published by the FDIC.

2. FEES

All fees will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law. For fees (other than the Monthly Maintenance Fee), if your Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount resulting in a zero balance on your Card Account. For Monthly Maintenance Fees, if your Card Account balance is less than the Monthly Maintenance Fee, we will apply the balance of your Card Account to the Monthly Maintenance Fee amount resulting in a zero balance on your Card Account and collect the remaining balance of the Monthly Maintenance Fee from the next load of funds to your Card Account. The next Monthly Maintenance Fee will be assessed as scheduled in any month in which you have a positive balance in your Card Account. The Monthly Maintenance Fee will be assessed on the same day each month beginning 30 days following your Card activation. Any other fees incurred will be in addition to the Monthly Maintenance Fee.

ATM Fees: You may use your Card to withdraw cash from ATMs and obtain cash back during purchase transactions. When you use your Card at an ATM, you may be charged a fee by the ATM owner or operator or any network used to complete the transaction. Please note that you may be charged a fee by an ATM owner or operator for a balance inquiry performed at an ATM even if you do not complete a cash withdrawal. Read the ATM screen message carefully for information related to fees before you complete a transaction at an ATM. To avoid ATM fees, you may request cash back when making purchases with your Card at many retailers, such as grocery stores, by selecting "DEBIT" and entering your PIN.

Foreign Transaction Fee: You may use your Card to perform transactions outside of the United States. If you use your Card to perform a transaction (e.g., to obtain funds or make a purchase) in a currency other than U.S. Dollars or conduct a transaction with a merchant located outside the United States or U.S. territories (a "Foreign Transaction"), you will be charged a fee equal to 2% of the total amount of the transaction in U.S. Dollars (the "Foreign Transaction Fee"). If a Foreign Transaction results in a credit to your Card Account due to a refund or return, we will not refund the Foreign Transaction Fee charged for the Foreign Transaction.

Currency Conversion: In addition to the Foreign Transaction Fee, if you use your Card to perform a Foreign Transaction in a currency other than U.S. Dollars, the amount deducted from your Card Account for the transaction will be converted by Mastercard International Incorporated into U.S. Dollars. Mastercard International Incorporated currently uses a conversion rate that is either: (a) selected from the range of rates available in wholesale currency markets for the applicable processing date (which rate may vary from the rate Mastercard International Incorporated itself receives), or (b) the government-mandated rate in effect for the applicable processing date. The conver- sion rate selected by Mastercard International Incorporated is independent of the Foreign Transaction Fee that we charge as compensation for our services.

3. OPENING A CARD ACCOUNT AND IDENTITY VERIFICATION

Important information for opening a new Card Account: To help the federal government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens a card account.

What this means for you: When you open a Card Account, 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 identification documents at any time. The same identity verification requirements apply to each Secondary Cardholder (as defined below), if any, designated by you.

Eligibility: To be eligible to use and activate your Card, you represent and warrant to us that: (a) you are at least 18 years of age; (b) the personal information that you have provided to us is true, correct, and complete; and (c) you have read this Agreement and agree to be bound by, and comply with, its terms. Secondary Cardholders and authorized users must be at least 13 years of age.

4. USING YOUR CARD

a. Personal Identification Number

To activate and use your Card, you must select a Personal Identification Number ("PIN") by calling the number on the sticker on your Card. You should not write your PIN on your Card or keep your PIN in the same location as your Card. Never share your PIN with anyone and do not enter your PIN at 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 Section 6 titled "Lost or Stolen Cards; Unauthorized Transfers; Errors" below.

b. Loading Your Card

Subject to certain limitations described in Section 4(c) titled "Accessing Funds and Limitations" below and elsewhere in this Agreement, you may add (or "load") funds to your Card by: (i) direct deposit of certain funds via the Automated Clearing House ("ACH") network (e.g., direct deposit of your wages, government benefits, and tax refunds), (ii) providing cash at one of our load locations (a list of authorized load locations is available at www.authenticdetroitredwingsshop.com or by calling 1-877-883-6688), and (iii) receiving funds from another Card Account via our Card-to-Card money sharing service, which allows cardholders to authorize the transfer funds from their Card Accounts to other Card Accounts by providing instructions via www.authenticdetroitredwingsshop.com. Each load may be subject to a fee; please refer to Section 2 titled "Fees" above. If you arrange to have funds transferred directly to your Card from a third party through an ACH credit, you must provide the third party with the bank routing number and direct deposit account number for your Card that we provide you. The number embossed on your Card may not be used for direct deposit transactions. You may be required to present your Card and satisfy certain identification requirements in order to complete a load transaction.

Federal Payments: THE ONLY FEDERAL PAYMENTS THAT MAY BE LOADED TO YOUR CARD VIA DIRECT DEPOSIT ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. If you have questions about this restriction, please call 1-877-883-6688.

c. Accessing Funds and Limitations

Each time you use your Card, you authorize us to reduce the available balance of your Card Account by the amount of the transaction and any applicable fees. Your Card cannot be redeemed for cash. Subject to the limitations and other terms and conditions described in this Agreement, you may use your Card to: (i) withdraw cash from your Card Account, (ii) load funds to your Card Account, (iii) transfer funds between Card Accounts via our Card-to-Card money sharing service, (iv) 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, and (v) pay bills online, in person, and by telephone from your Card Account.

Certain limits apply to your Card Account. Daily limits are based on a 24-hour period. Monthly limits are based on a 30-day period. We will determine any maximum values by aggregating the activity and value of all Card Accounts you may have with us. Except as expressly provided below, we will reject any loads that exceed the maximum balance allowed for your Card Account.


1Third parties may impose additional limitations.
2Direct deposit loads will be accepted even if they result in a Card Account balance that exceeds the Card Account balance limitation set forth in this table.
3Any funds withdrawn from an ATM, at a point-of-sale, or a bank, as well as any fees charged with respect thereto, will be subject to the spending limitations for your Registered Card or Personalized Card.
4Signature, PIN point-of-sale transactions, ATM cash withdrawals, over-the-counter cash withdrawals, bill payment transactions, and Card-to-Card money sharing transactions are included in the spending limitation per day and per month. Refunds or returns posted to your Card Account will not reduce the monthly spending limitation.

d. Obtaining Card Balance and Transaction Information

You may obtain information about the amount of funds remaining in your Card Account and your Card Account transactions by logging into your Card Account at www. authenticdetroitredwingsshop.com or by calling 1-877-883-6688. You also have the right to obtain a 60-day written history of your Card Account transactions by calling 1-877-883-6688 or by writing us at Univision Card Services, P.O. Box 543000, Omaha, NE 68154-9400.

e. Secondary Cardholders and Authorized Users

For each Card initially requested by you, you may request up to two additional Cards for persons who are 13 years of age or older (each, a "Secondary Cardholder"). You are responsible for all transactions performed and fees incurred by you, a Secondary Cardholder, and any other person you authorize to use your Card and/or your Card number ("Authorized User"), except as provided in this subsection and Section 6 titled "Lost or Stolen Cards; Unauthorized Transfers; Errors" below. If you permit an Autho- rized User to use your Card and/or Card number or request a Card for a Secondary Cardholder, we will treat this as if you have authorized the Authorized User to use your Card and/or Card number or authorized such Secondary Cardholder to use their Card, as applicable, and you will be liable for all transactions and fees incurred by such Authorized User and Secondary Cardholder, even if they exceed the authorization granted. You must notify us to revoke permission for any Authorized User you previously authorized to use your Card and/or Card number and any Secondary Cardholder for which you previously requested a Card. Transactions will be considered unauthorized only after you notify us that the Authorized User or Secondary Cardholder is no longer authorized to use your Card or Card number or their Card, as applicable. If you tell us to revoke the authorization for an Authorized User or a Secondary Cardholder, we may cancel your Card, close your Card Account, and issue you a new Card with a different number. Authorized users and Secondary Cardholders may not load funds to your Card Account.

f. Authorization Holds

For certain types of purchases (such as those made at restaurants, hotels, and gas stations for which the final amount is unknown at the time the purchase is authorized by the merchant, your Card Account may be "preauthorized" for an amount greater than the transaction amount to cover gratuity and incidental expenses. For example, if you use your Card at an automated fuel dispenser ("pay at the pump"), the merchant may preauthorize the transaction amount for $100.00 or more. Any preauthorization amount will place a "hold" on the available funds in your Card Account until the final amount of your purchase is received. Once the final amount is received, the hold on the preauthorization amount will be removed. Until the hold is removed, you will not have access to preauthorized amounts. If you authorize a transaction and then fail to complete the transaction, the approval may result in a hold for the preauthorized amount. For these reasons, we recommend that you pay for fuel inside with a cashier, rather than at the pump.

g. Preauthorized Transfers

Recurring direct deposits: : If you have arranged for direct deposit loads to your Card Account to occur at least once every 60 days from the same source, you can call us at 1-877-883-6688 or visit us at www.authenticdetroitredwingsshop.com to find out whether or not the deposit has been made.

Right to stop payment and procedure for doing so: If you have authorized us in advance to make regular payments from your Card Account, you can stop these payments by calling us at 1-877-883-6688, emailing us at servicio@univisionprepagada.com, or writing us at Univision Card Services, P.O. Box 543000, Omaha, NE 68154- 9400 at least three business days or more before the payment is scheduled to be made. If we do not receive your request at least three business days before the scheduled payment date, we may attempt, in our sole discretion, to stop the payment. However, we assume no responsibility for our failure or refusal to do so, even if we accept your stop payment request. If you call us, we may also require you to put your request in writing and provide it to us within 14 days after you call. If we do not receive the written request within 14 days after you call, we may honor subsequent debits to your Card Account. Unless you tell us that all future payments to a specific recipient are to be stopped, we may treat your stop-payment order as a request concerning one specific payment only.

Notice of varying amounts: If a recurring preauthorized payment will vary in amount from the previous payment under the same authorization or from the preauthorized amount, the person you are going to pay should tell you, at least 10 days before such payment, when the payment will be made and how much it will be. You may choose instead to get this notice only when the payment differs by more than a certain amount from the previous payment or when the amount falls outside certain limits.

Liability for failure to stop payment of preauthorized transfer: If you order us to stop one of these payments at least three business days before the transfer is scheduled and we do not do so, we will be liable to you for your losses or damages related thereto.

h. Returns and Refunds

You will not receive cash refunds for Card transactions. If a merchant gives you a refund for any reason for goods or services purchased with your Card Account, the return and refund will be handled by the merchant. If the merchant credits your Card Account, the credit may not be immediately available. While we credit your Card Account as soon as refunds are received, please note that we have no control over when a merchant initiates a refund. Therefore, a refund may not be credited to your Card Account for several days after the date of the refund.

i. Receipts

You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipts to verify your transactions.

j. Split Transactions, Other Uses, and Negative Balances

If you do not have enough funds available in your Card Account, you may instruct a merchant to charge part of the purchase to your Card Account and pay the remaining amount with another form of payment. Such transactions are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow split transactions if the remaining amount is paid in cash.

If you use your Card number without presenting your Card (such as for an internet transaction or 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 balance of available funds in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of available funds in your Card Account, you 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 or loads to your Card Account or any other account you have with us for the amount of any negative balance of your Card Account. Without limiting any of our other available rights or remedies, we also reserve the right to cancel your Card and close your Card Account if your Card Account balance is negative.

You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein. You may not use your Card for any illegal transactions, at casinos, or for any gambling activity. We may temporarily "freeze" your Card Account and attempt to contact you if we notice transactions that are unusual or appear suspicious.

k. Card Replacement and Expiration

If you need to replace your Card for any reason, please contact us at 1-877-883-6688. Except as otherwise prohibited by applicable law, there is a fee to replace your Card; please refer to Section 2 titled "Fees" above. Please note that there is a "Valid Thru" date on the front of your Card. You may not use your Card after the "Valid Thru" date on the front of your Card. However, even though there is a "Valid Thru" date on your Card, the available funds in your Card Account do not expire. You will not be charged the Card Replacement Fee for replacement Cards that we provide due to expiration of your Card.

5. BUSINESS DAYS

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

6. LOST OR STOLEN CARDS; UNAUTHORIZED TRANSFERS; ERRORS

a. Contact

If you believe your Card or PIN has been lost or stolen, call 1-877-883-6688 or write us at Univision Card Services, P.O. Box 543000, Omaha, NE 68154-9400. You should also call the number or write us at the address listed above if you believe a transfer has been made using the information from your Card or PIN without your permission.

b. Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or if you believe that an electronic fund transfer has been made without your permission. Telephoning us at 1-877-883-6688 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 two 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 two 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 for your Card shows transfers that you did not make, including those made with 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 Card Account for your Card (if the unauthorized transfer could be viewed in your electronic history) or the date we sent the FIRST written history for your Card on which the unauthorized transfer appeared, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

c. Information About Your Right to Dispute Errors

Telephone us at 1-877-883-6688 or write us at Univision Card Services, P.O. Box 543000, Omaha, NE 68154-9400 as soon as you can if you think an error has occurred in your Card Account for your Card. We must allow you to report an error until 60 days after the earlier of the date you electronically access your Card Account for your Card if the error could be viewed in your electronic history or the date we sent the FIRST written history for your Card on which the error appeared. You may request a written history of your transactions for your Card at any time by calling us at 1-877-883-6688 or writing us at Univision Card Services, P.O. Box 543000, Omaha, NE 68154-9400. When you report an error, you will need to tell us: (i) your name and Card number; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. If you tell us orally, we may require you to send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your Card 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 Card Account. For errors involving Cards for new Card Accounts, debit point-of-sale transactions with your Card, or foreign-initiated transactions with your Card, we may take up to 90 days to investigate your complaint or question. For errors involving Cards for new Card Accounts, we may take up to 20 business days to credit your Card 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 us by calling 1-877-883-6688.

d. Mastercard Zero Liability Protection

Under Mastercard rules, your liability for unauthorized Mastercard debit transactions performed using your Card is $0.00 if you promptly notify us and have exercised reasonable care in safeguarding your Card from loss, theft, and unauthorized use. The foregoing limitation on liability does not apply to debit transactions not processed by Mastercard. Additionally, see Section 6(b) titled "Your Liability for Unauthorized Transfers" above as it relates to other unauthorized transfers.

7. CONFIDENTIALITY

We may disclose information to third parties about your Card Account or the transactions you make: (a) where it is necessary for completing transactions; (b) in order to verify the existence and condition of your Card Account for a third party, such as a merchant; (c) in order to comply with government agency or court orders or other legal reporting requirements; (d) if you give us your written permission; or (e) to our employees, auditors, affiliates, service providers, and attorneys as needed.

8. OUR LIABILITY FOR FAILURE TO COMPLETE TRANSACTIONS

If we do not complete an electronic fund transfer to or from your Card Account on time or in the correct amount according to this Agreement, we may be liable for your losses and damages. However, there are some exceptions. We will not be liable, for instance, if: (a) through no fault of ours, you do not have enough funds available in your Card Account to complete the transaction; (b) a merchant refused to accept your Card; (c) an ATM where you are making a cash withdrawal does not have enough cash; (d) an electronic terminal where you are making a transaction does not work properly and you knew about the problem when you initiated the transaction; (e) access to your Card has been blocked after you reported your Card lost or stolen or the compromise of your PIN; (f) the funds in your Card Account are subject to legal process or are otherwise not available for the transaction; (g) we have reason to believe the transaction is unauthorized; (h) circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction despite reasonable precautions taken by us; (i) the transaction cannot be completed because your Card is damaged; or (j) any other exception stated in this Agreement.

9. ENGLISH LANGUAGE CONTROLS

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the English language.

10. CHANGE OF ADDRESS

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

11. UNCLAIMED PROPERTY

If your Card Account becomes inactive (e.g., if you do not use the funds in your Card Account or access your Card Account for a certain period of time), applicable law may require us to report funds in your Card Account as unclaimed property. If this occurs, we may 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 funds in your Card Account to the applicable state as unclaimed property. The specified period of time to report and send funds in an inactive Card Account to a state varies by state, but usually ranges between two and five years.

12. OTHER TERMS

This Agreement constitutes the entire and sole agreement between you and us with respect to your Card and your Card Account and supersedes all prior understandings, arrangements, or agreements, whether written or oral, regarding your Card and your Card Account. Your Card, your Card Account, and your obligations under this Agreement may not be assigned by you. To the extent permitted by applicable law, we may transfer our rights under this Agreement without obtaining your consent. 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. To the extent permitted by applicable law, we may (without prior notice and when permitted by applicable law) set off the funds in your Card Account against any due and payable debt you owe us now and in the future. If any provision of this Agreement shall be determined to be invalid or unenforceable under any applicable rule, law, or regulation of any governmental agency, local, state, or federal, such provision will be deemed to be modified to the minimum extent necessary to make it valid and enforceable and 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, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction and except to the extent governed by federal law.

13. AMENDMENT AND CANCELLATION

You will be notified of any change to this Agreement 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 may implement such change without prior notice, subject to applicable law. You may close your Card Account at any time by contacting us at 1-877- 883-6688. The closure of your Card Account will not affect any of our rights or your obligations arising under this Agreement prior to such closure. If your Card Account is closed, we will return your remaining balance to you, subject to fees as disclosed in this Agreement and applicable law.

14. 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.

15. 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 Account. All such disputes must be ad- dressed and handled directly with the merchant from whom those goods or services were purchased.

16. LIMITATION OF LIABILITY

Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract in order to offer your Card, your Card Account, and related services are neither responsible nor liable for any indirect, incidental, consequential, special, exemplary, or punitive dam- ages arising out of or relating in any way to your Card, your Card Account, any products or services purchased using your Card or your Card Account, or this Agreement (as well as any related or prior agreement that you may have had with us).

17. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER

PLEASE READ THIS PROVISION CAREFULLY BECAUSE IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US THROUGH BINDING ARBITRATION INSTEAD OF THROUGH A JUDGE OR JURY TRIAL AND CLASS OR REPRESENTATIVE ACTION. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION PROVISION SHALL SUR- VIVE TERMINATION OF OUR RELATIONSHIP AND THIS AGREEMENT.

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

Definitions: As used in this arbitration provision, the term "Claim" means any and all claims, disputes, demands, causes of action, or controversies between you and us arising from or relating to your Card, your Card Account, or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability, or scope of this arbitration provision or this Agreement. "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 and the Cards of any Secondary Cardholders designated by you; (ii) the amount of available funds in your Card Account; (iii) advertisements, promotions, and oral or written statements related to your Card, your Card Account, or goods or services purchased with your Card; (iv) the benefits and services related to your Card; or (v) your enrollment for a Card. We shall not elect to use arbitration under this 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 this arbitration provision, the terms "we" and "us" shall for all purposes mean MetaBank, its 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 "your" 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 this Agreement and all Secondary Cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator: Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this arbitration pro- vision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed. Claims shall be referred to either the Judicial Arbitration and Mediation Services ("JAMS") or the American Arbitration Association ("AAA"), as selected by the party electing to use arbitration. If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitrator administrator. For a copy of the procedures, to file a Claim, or for other information about these organizations, contact them as follows: (i) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; and (ii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org.

Restrictions on Arbitration: If we or you elect to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis. There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other cardholders, or other persons similarly situated. The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone. Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.

Location of Arbitration/Payment of Fees: Any arbitration hearing that you attend shall take place in the federal judicial district of your residence. At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitra- tion. 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 connection with the arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court that is closest to your residential address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification

Arbitration Procedures: This arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the "FAA"). The arbitration shall be governed by the code of procedures for the JAMS or AAA, as applicable (the "Code"), except that (to the extent enforceable under the FAA) this arbitration provision shall control if it is inconsistent with the applicable Code. The arbitrator shall apply applicable substantive law, consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision. In conducting the arbitration proceeding, the arbitrator shall not apply the federal or any state rules of civil procedure or rules of evidence. Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code. The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the requesting party, within 15 days of receiving the requesting party’s notice. The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within 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 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 arbitration pursuant to its Code and issue its decision within 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. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award.

Continuation: This arbitration provision shall survive the closure of your Card Account as well as voluntary payment of any debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this arbitration provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this arbitration provision, this Agreement, or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

18. CONTACT US

You may contact us at 1-877-883-6688.


Your Card is issued by MetaBank, Member FDIC, pursuant to license by Mastercard International Incorporated.


5501 S. Broadband Lane


Sioux Falls, SD 57108


1-877-883-6688


www.authenticdetroitredwingsshop.com


© 2016 MetaBank