CARCARD DEPOSIT ACCOUNT AGREEMENT


WELCOME!

This Deposit Account Agreement (this Agreement”) explains the fees, policies, terms, and conditions that govern your CarCard Visa® debit card (“Card”) and the associated FDIC-insured, non-interest-bearing primary deposit account (“primary deposit account” or “Account”). This Agreement includes all appendices attached hereto, such as the Online and Mobile Services Agreement attached as Appendix A, the Mobile Deposit Agreement attached as Appendix B, and any other terms and conditions incorporated by reference.

In this Agreement, “you and your refer to the owner of the Account, and Bank,” we,” “us,” and “our” refer to Green Dot Bank, Member FDIC, the issuer of your Card and the bank that holds the money in your Account. Please note that Green Dot Bank operates under the following registered trade names: GO2bank, GoBank, Green Dot Bank, and Bonneville Bank. All of these registered trade names are used by, and refer to, a single FDIC-insured bank, Green Dot Bank. Your deposits at any of the financial institutions operating under these trade names are deposits with Green Dot Bank and are aggregated for deposit insurance coverage. Only the Account is provided by Green Dot Bank and is distinct from any other account or service provided by or through CarCard LLC and/or its divisions, affiliates, subsidiaries, partners or service providers (collectively “CarCard”). Only the balance in your Account with Green Dot Bank is eligible to be insured up to the regulatory limits by the FDIC. Certain features supported by or settled through the Account may be provided by CarCard or other third parties. Except as otherwise expressly provided in this Agreement, we do not control, and are not responsible or liable to you for, such features or associated fees or any other third-party products, services, or applications (collectively, “Third-Party Services”) or any providers of Third-Party Services. Separate terms and conditions may apply to Third-Party Services. You should read those terms and conditions carefully before accessing or using any Third-Party Services. You should address all disputes related to Third-Party Services with the applicable third party that provides the Third-Party Services. Examples of these Third-Party Services include, without limitation: the CarCard platform, any loan originated with any lender through the CarCard platform, as well as other products and services you may receive from CarCard or other third parties. To the extent you have authorized CarCard to instruct us to debit your Account for any loan repayment or any other amounts and remit funds on your behalf to CarCard or its designee, we will process the payment instruction from CarCard on the debit date instructed by CarCard. You are responsible for ensuring that there are sufficient funds in your Account on the debit date to complete the payment.

IMPORTANT NOTICE: THIS AGREEMENT REQUIRES ALL DISPUTES TO BE RESOLVED BY WAY OF BINDING ARBITRATION. THE TERMS OF THE ARBITRATION PROVISION APPEAR AT THE END OF THIS AGREEMENT.

 

 

 

 

 

 

 

 

 

 

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1.      Getting Started

 

a.       General. Your Account is a deposit account. Money in your Account will not earn interest. To open and use an Account, you must be (i) 18 years of age or older and (ii) have a physical address in one of the 50 states of the United States or the District of Columbia (collectively, the “U.S.”). To help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify, and record information that identifies each person who opens an Account. As such, when you apply for an Account, we will ask for your name, address, date of birth, social security number, mobile phone number (or, in our discretion, another type of phone number), and other information that will allow us to identify you. We may also use other methods of data collection, like device ID and geolocation data generated from your devices, and other sources of data to verify the personal information you provide to us, including, but not limited to, the collection and validation of an acceptable form of identification such as your state-issued ID or other printed documentation and data related to your mobile phone, computer, and/or other devices. In addition, before you may use certain features of your Account, we may require you to undergo further identity or Account verification, including, but not limited to, activating your physical, personalized Card (“Personalized Card”), verifying your email address or mobile phone number, or uploading an acceptable form of identification, which may include, but is not limited to, a current passport, national identity card, driver’s license, or other government-issued documentation that we deem sufficient to verify your identity.. We reserve the right not to open an Account for anyone in our sole discretion. We may also limit the number of Accounts that you have in our sole discretion. During the first 30 days your Account is open, we reserve the right to impose additional limits on the individual and aggregate number of transactions and the corresponding dollar amounts that may be transacted through your Account, subject to applicable law. Access to certain features, such as Instant Transfer, is available only via the CarCard mobile application (“Mobile App”).

 

2.  Fees. Our fee schedule below describes the fees we charge associated with your Account and certain related services. We may offer additional products, services, and features from time to time, and the fees we charge for those offerings will be disclosed to you at the time they are offered. In addition to our fees listed below, there are some situations where a third party may charge their own fees. For exemplary purposes only and without limiting the foregoing, when you use an ATM to withdraw funds from your primary deposit account, you may be charged a fee by the ATM operator, in addition to our fee. Except as expressly noted below, our fees listed in the schedule below will be deducted from your primary deposit account balance when they are assessed. If your primary deposit account balance is less than the fee amount or your primary deposit account balance is negative, the assessment of the fee will result in a negative balance in your primary deposit account or increase the negative balance of your primary deposit account, as applicable. If that occurs, any subsequent deposits or credits to your primary deposit account will first be applied to the negative balance. For more information about negative balances, see Section 9.c. titled “Negative Balances”. In the event that your primary deposit account balance does not contain sufficient funds to cover the fees associated to a product or service offering, such product or service offering will be declined.


For example, in the case of an Instant Transfer1 transaction (defined below) involving an external account, if your primary deposit account balance is less than the total transfer amount, including the Instant Transfer Fee, the transfer request will be declined.

 

Fee Type

Our Fee2

Monthly Fee3

$4.95

Waived when you receive direct deposits of payroll or government benefits totaling at least $1,000 in the previous statement period.

ATM Withdrawal Fee4

$3.00 per transaction

Teller Cash Withdrawal Fee

$3.00 per transaction

Expedited Delivery Replacement Card Fee (for Lost, Stolen, or Damaged Card)

$24.95 for replacement Card delivered on an expedited basis (generally within 4 business days). There is no fee for a replacement Card delivered on a non- expedited basis.

Foreign Transaction Fee

3% of the total U.S. dollar amount of the transaction.

This fee is charged if you conduct a transaction (in U.S. or foreign currency) with a foreign merchant or financial institution (including foreign website) or if you conduct a transaction in a currency other than U.S. dollars (each a Foreign Transaction”). This fee is in addition to any other fee that may apply to a Foreign Transaction. Please note that use of your Card outside of the U.S. is

limited; see Section 5.e. titled “Foreign Transactions” for more information.


1 Not all types of accounts are eligible for the Instant Transfer service and although Instant Transfers generally are processed within minutes of your request, it could take longer in some cases. We cannot guarantee the timely delivery or return of funds as a result of another financial institution’s failure to act in a timely manner. In addition, we may delay or suspend the processing of an Instant Transfer for security and fraud purposes and as otherwise specified in this Agreement. See Section 11 for more information.

2 Please note that third parties may charge fees in addition to our fees that are set forth in this fee schedule.

3 Your first monthly statement period will begin on the date of Account opening and end the day before the one-month anniversary of Account opening. If your Account opening date occurs on the 29th, 30th, or 31st of any month, however, your first monthly statement period will begin on the first day of the subsequent month and end on the last day of that month, and your monthly statement periods thereafter will begin on the first day of each month. The Monthly Fee is waived for the first statement period. Thereafter, the Monthly Fee is waived if you receive direct deposits totaling $1,000 or more of combined payroll and eligible government benefits in the current statement period. We will not collect any fee if the balance on the Account is less than $0. We will collect partial Monthly Fee if the balance on the Account is between

$0 and $4.95.

4 You may also be charged a fee by the ATM operator in addition to our fee, even if you do not complete a transaction.


 

In addition, if you conduct a transaction in a currency other than U.S. dollars, the merchant, network, or card association that processes the foreign transaction may convert any related debit or credit into U.S. dollars in accordance with its then-current policies. See Section 5.e. titled “Foreign Transactions for more information.

Overdraft Fee

 

(Overdraft Protection is an optional service that is available, at our discretion, only if you opt in and satisfy our eligibility requirements. See Section 9 for more information.)

$15 for each transaction that is greater than

$5 and overdraws your primary deposit account by more than $10, up to a maximum of ten overdraft fees per monthly statement period

Instant Transfer Fee

 

“Instant Transfer” refers to a near real-time transfer of funds to your primary deposit account from an eligible bank account in your name at a U.S. financial institution that is linked to a Visa or Mastercard-branded debit card that permits such transfers.

(see Section 11 for more information)

1.5% of the amount requested to be transferred, subject to a minimum fee of

$1.00 and a $10.00 maximum, and rounded to the nearest cent. This fee is charged when you make an Instant Transfer, and is based on, and subtracted from the amount you request to be transferred from your primary deposit account.

Funding Transaction Fee

“Funding Transaction” refers to a near real-time transfer of funds from your Account to another network-branded account (e.g., a Visa or Mastercard prepaid or debit card) that is authorized via a third-party platform (e.g., loading of a prepaid card account, moving funds into another financial account, external P2P transactions, or adding value to a digital wallet). As the transaction is authorized via a third-party platform, our exact fees may not be viewable simultaneously with the transaction, and we are not responsible for any costs or losses incurred if transfers are not

permitted or are restricted or delayed.

2% of the amount transferred, rounded to the nearest cent, subject to a minimum fee of

$1.99 and a maximum fee of $10 per transfer.

This fee is charged when you make a Funding Transaction, and is based on the amount your request be transferred from your primary deposit account. This fee will be debited from your primary deposit account.

 

If your primary deposit account balance is less than the total transfer amount, including the Funding Transaction Fee, the transfer request will be declined.

 

3.       General Information About Deposits and Limits


a.       Deposits. If you are approved for an Account, the Bank will mail your personalized, physical Card (“Personalized Card”) that is linked to your primary deposit account. If you are approved, we will provide you with Card information (“Virtual Temporary Card”) that you may use online at merchants that accept Visa® until you receive your Personalized Card. You may make deposits to your primary deposit account in cash at participating retailers, or may also deposit funds via automated clearing house (“ACH”) which includes deposits via direct deposit, and using our Bank Transfer Service (as defined below), subject to applicable fees, limits, and conditions. We may offer you additional ways to deposit money from time to time, and any applicable fees or limits will be disclosed to you at the time they are offered to you. More information regarding how to deposit money to your primary deposit account can be found on the Mobile App.

b.      Limits on Deposits. We may refuse to accept a deposit to your primary deposit account, limit a deposit’s size, or return all or part of a deposit to you or the sender. Except as otherwise permitted by us, no other person may deposit money to your primary deposit account on your behalf, and we reserve the right to reject any such deposit. We will not accept checks or cash mailed to us for deposit, cash deposits at ATMs, or inbound wire transfers. If you deposit cash at a participating retailer, please be aware that retailers have their own minimum and maximum deposit limits.

c.       Direct Deposits. You may arrange to have funds transferred directly to your primary deposit account by your employer or other appropriate payor once we have successfully verified your personal information. If you have arranged to have direct deposits made to your primary deposit account at least once every 60 days from the same person or company, you can call us at (866) 773-4668, visit https://app.carcard.com , or use the Mobile App to find out whether or not the deposit has been made. Funds from direct deposits will generally be available on the day we receive the transfer if received before 5 p.m. (Pacific time). Transfers received after this cutoff time or on a non-business day may be processed on the next business day. In case of transmission error or transfer irregularity, your ability to withdraw funds may be delayed. If this occurs, funds will generally be available within five business days after we receive the transfer. We reserve the right to reject or limit transfers via direct deposit in our sole discretion and may reject or suspend any direct deposit that has identifying information that does not match the identifying information (such as name or social security number) that we have on file for you. You may cancel your direct deposit authorization at any time by sending a written notice to your employer or payor and providing your employer or payor and the Bank sufficient time to act upon the notice.

 

4.      Funds Availability. For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays, and legal banking holidays in the State of Utah.

 

a.       Cash Deposits. Cash deposits made through participating retailers are generally made available within 60 minutes from the time the transaction is reported to our technology systems by the retailer. Retailers may charge and collect fees of up to $4.95 when depositing cash to your primary deposit account at their locations. This fee is subject to change. This fee is not deducted from your Account and will not be reflected in any


periodic statement. This fee can be lower depending on how and where you deposit cash.

 

b.      Direct Deposits. Electronic direct deposits will be available on the day we receive the deposit. Please keep in mind, however, that after we make funds available to you, and you have spent, transferred, or withdrawn the funds, you are still responsible for any problems involving your deposit. If a deposit is made on a business day, we will consider that day to be the day of your deposit. However, if a deposit is made on a non-business day or on a day we are not open, we will consider that the deposit was made on the next business day.

c.       Special Rules for New Accounts. During the first 30 days your Account is open, funds from deposits of cash will be available on or before the first business day after the day of your deposit if the deposit meets certain conditions. We may also impose different funds availability limits for other forms of deposits during the first 30 days your Account is open, which we will notify you as required by applicable law.

d.      Other Types of Deposits. Funds availability rules for other types of deposits will be disclosed to you at the time those other deposit options are offered to you.

e.       Checks Deposited Using Our Mobile Deposit Service. Funds availability terms for checks deposited through the Mobile Deposit Service are set forth in the Mobile Deposit Agreement.

5.      About Your Card and Account

a.       General. Your Card is linked to your primary deposit account. You will be able to set a personal identification number (“PIN”) for your Card. You agree not to disclose your PIN to others and to safeguard its confidentiality. Except as otherwise provided, and subject to the limits specified in this Agreement, you may use your Card to purchase goods and services anywhere Visa debit cards (as applicable) are accepted and to access cash at ATMs and from tellers of financial institutions displaying the Visa name and/or logo, as applicable. Please note that if you use your Card to get Account balance information from an ATM, the balance may not reflect recent transactions and may include funds that are not available for immediate withdrawal; see Section 8 titled “We Use The Available Balance Method” for more information.

b.      Charges to Your Card and Receipts. Each time you use your Card to purchase goods or services, you authorize us to charge the amount against the money in your Account. You should get a receipt at the time you make a transaction or obtain cash using your Card.

 

c.       Limits on the Use of Your Card and Account. We reserve the right, in our sole discretion, to limit the amount, number, and type of transactions you can make using your Account. We may, in our sole discretion, further limit your use of your Card at ATMs, and, in addition to our limits, an ATM owner or operator may impose additional withdrawal limits. We may refuse to process any transaction that we believe may violate the law or the terms of this Agreement. You agree that you will: (i) not use your Card or Account at unlawful domestic or international gambling websites, at payment processors supporting unlawful gambling websites, or to purchase illegal goods or services; (ii) promptly notify us of any


loss or theft of your Card; (iii) promptly notify us of the loss, theft, or unauthorized disclosure of any PIN used to access your Account; and (iv) use your Card only as permitted by us. We may refuse to issue a Card, revoke or suspend your Card or Account privileges, or cancel your Card or Account with or without cause or notice, other than as required by applicable law. You agree not to use or allow others to use an expired, revoked, canceled, suspended, or otherwise invalid Card. You cannot sell or transfer your Account to anyone else, and it can only be used by you or someone you authorize. If you authorize anyone else to use your Card or Account, you are responsible for all transactions made by that person, even if they exceed the authorization granted. Your Card can only be used for cash withdrawals at ATMs and for teller cash withdrawals in the U.S. and its territories, Canada, and Mexico. We may, in our sole discretion, allow you to use your Card for cash withdrawals in other countries. Notwithstanding the foregoing, we reserve the right to limit or block the use of your Card in foreign countries due to fraud or security concerns or to comply with applicable law.

 

d.      Money in Your Account May Be Held Until a Transaction is Completed. When you use your Card or primary deposit account to pay for goods or services, certain merchants may ask us to authorize or “hold” the transaction in advance and may estimate the final purchase amount. In addition, when you use your Card for an ATM withdrawal or a teller cash withdrawal, we generally authorize the transaction in advance (including all applicable fees). When we authorize a transaction, we commit to make the requested funds available when the transaction finally settles and will place a hold on your primary deposit account’s funds for the amount indicated by the merchant, and this transaction will show as “pending” in your transaction history. We also may add an amount for transactions with certain merchants to ensure that sufficient funds will be available to cover the final transaction amount (such as to cover a tip at a restaurant). Transactions with certain merchants that authorize high dollar amounts, such as rental car companies and hotels, and certain cash and international transactions may cause a hold on money in your primary deposit account for up to 90 days. You will not be able to use the money in your primary deposit account that is on hold until the transaction finally settles or the hold is otherwise released. For more information about how we determine the amount of money in your primary deposit account available for your use and withdrawal, see Section 8 titled “We Use The Available Balance Method”. If a pending transaction is not presented to us for payment within our established time period after being authorized (typically, three business days, but may be up to 90 days for certain types of transactions, as described above), we will release the hold. Note that if a transaction is presented to us for payment from your primary deposit account after we have released the hold, we must honor the transaction, which may result in a negative balance in your primary deposit account. For more information about negative balances, see Section 9.c. titled “Negative Balances”. When a transaction finally settles, we will charge your primary deposit account for the amount of the final transaction, including any applicable fees, and then will release the hold on any remaining amount on money, as applicable.

 

e.       Foreign Transactions. If you conduct a Foreign Transaction, the merchant, network, card association and/or financial institution that processes the Foreign Transaction may convert any related debit or credit into U.S. dollars in accordance with its then-current policies.


Visa® currently uses a conversion rate that is either: (i) selected from a range of rates available in wholesale currency markets on or one day prior to its central or transaction processing date (which rate may vary from the rate Visa® itself receives) or (ii) the government-mandated rate. The conversion rate may be different from the rate in effect on the date of the Foreign Transaction and the date it is posted to your primary deposit account. You will be charged a Foreign Transaction Fee set forth in Section 2 titled “Fees”, in addition to any other applicable fees, including, but not limited to, the teller cash withdrawal and ATM withdrawal fee. If a foreign transaction results in a credit due to a return, we may not refund any fee that may have been charged on the original foreign transaction.

We monitor your Account for signs of potential fraud, which could include the use of your Card in a manner that is out of the ordinary. If you are planning on using your Card in a foreign country (for example, if you are traveling abroad), it is possible that your Foreign Transactions may be delayed or declined. For example, there are some countries in which we are required by law to block transactions and some countries for which we will not authorize the use of your Account due to fraud, terrorism, or other concerns. Those countries change from time to time, so contact us in advance if you are planning on using your Card in a foreign country and want to confirm that the Card can be accepted in that country.

 

f.       ATM Safety. You agree to exercise discretion when using ATMs. If there are any suspicious circumstances, do not use the ATM. If you notice anything suspicious while transacting business at an ATM, cancel the transaction, pocket your Card, and leave. Be careful when using an ATM and be aware of the surroundings, especially at night or in isolated areas. Park near an ATM in a well-lighted area. At night, have someone accompany you to an ATM when possible. Do not approach a dark ATM. Do not accept assistance from anyone while using an ATM. Do not display your cash; pocket it and count it later in the safety of your office or home. Be sure to save your ATM transaction receipts. Check them against your statements regularly. Prepare deposits at home to minimize your time at an ATM. Make sure you safeguard your PIN; do not write it on your Card or carry it in your wallet or purse. Always secure your Card just like you would your cash, checks, and credit cards. Report all crimes to the ATM operator and local law enforcement officials immediately. We do not guarantee your safety while using ATMs.

 

g.      Refunds on Purchases. Cash refunds will not be made to you for purchases made with your Card. If a merchant gives you a credit for merchandise returns or adjustments, it may do so by processing a credit adjustment, which we will apply as a credit to your primary deposit account. For security reasons, if a credit is applied to your primary deposit account for which there was no debit originally, we may block the use of your Account.

 

6.      Limits on Your Account. In addition to any other limits included in this Agreement, your Account is subject to the following limits:

 

a.       Account Balance. The maximum Account balance is $50,000, but we may, in our sole


discretion, allow your Account balance to exceed this limit.

 

b.      Daily Cash Deposits. You may deposit up to $3,000 in cash per day in the aggregate. There is no deposit limit for ACH deposits (subject to the maximum Account balance limit).

c.       Daily and Monthly ATM Cash Withdrawals. You may withdraw up to $500 in cash in the aggregate from ATMs per day and $3,000 in cash in the aggregate from ATMs per month. You are limited to 10 ATM withdrawal transactions daily. You may withdraw up to $3,000 in cash through teller withdrawal transactions per month. We may, in our sole discretion, permit you to withdraw higher amounts of cash.

d.      Total Daily Purchase and Cash Withdrawal. You may perform purchase transactions up to

$10,000 per day in the aggregate using your Virtual Temporary Card. Once you have activated your Personalized Card, you may perform purchase and cash withdrawal transactions up to $10,000 per day in the aggregate using your Personalized Card (inclusive of any cashback transactions). You may perform purchase transactions with cashback up to $2,500 per day in the aggregate and $3,000 per month in the aggregate using your Personalized Card.

 

e.       Bank Transfer Services Limits. Refer to Section 11 for information regarding limits on Bank Transfer Services.

f.        Funding Transaction Limits. A “Funding Transaction” refers to a near real-time transfer of funds from your Account to another network-branded account (e.g., a Visa or Mastercard prepaid or debit card) that is authorized via a third-party platform (e.g., loading of a prepaid card account, moving funds into another financial account, external P2P transactions, or adding value to a digital wallet). As the transaction is authorized via a third-party platform, we are not responsible for any costs or losses incurred if transfers are not permitted or are restricted or delayed. You may perform Funding Transactions of up to $1,500 daily and monthly. You agree that you will have sufficient available money in your Account to cover the amount of the Funding Transaction, otherwise we may reject the Funding Transaction.

 

g.      Other Limits. You agree not to use your Account for business purposes. We may, in our sole discretion, close your Account if we determine that it is being used for business purposes. We may revoke or suspend your Account privileges or cancel your Account with or without cause or notice, other than as required by applicable law.

7.      Electronic Fund Transfers; Other Rights & Terms

 

a.       Your Liability for Unauthorized Electronic Fund Transfers. Tell us AT ONCE if you believe your Card or PIN has been lost or stolen or funds have been transferred from your Account without your permission. Reporting such loss, theft, or unauthorized transfer by calling us at (866) 773-4668 is the best way of keeping your possible losses down. You could lose all the money in your Account (plus an amount up to your maximum Overdraft Protection limit). 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 that 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. (Note: Since your Card is a Visa Card, you will not be held responsible for unauthorized transactions processed by Visa if you use care in protecting your Card and PIN and notify us immediately of any unauthorized use.)

 

Also, if your statement shows transfers that you did not make, including those made by Card, PIN, or other means, tell us at once. If you do not tell us within 60 days after the statement was mailed or otherwise made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money in your Account 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.

 

b.       In Case of Errors or Questions About Your Electronic Transfers. Call us at (866) 773-4668 or write us at Disputes, P.O. Box 9, West Chester, OH 45071-0009 as soon as you can if you think your statement or receipt is wrong or if you need more information about a transaction listed on a statement or receipt. We must hear from you no later than 60 days after we sent the FIRST statement on which the problem or error appeared. When notifying us, you will need to tell us: (i) your name and Account number; (ii) why you believe there is an error and the dollar amount involved; and (iii) approximately when the error took place. In addition, it would be helpful if you provided us with any supporting documentation related to the error. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. You agree to cooperate reasonably with us and our agents and service providers in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Account.

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 provide a provisional credit to your Account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time that 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 provide a provisional credit to your Account.

For errors involving new Accounts, point-of-sale transactions, 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 provide a provisional credit to 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 that we used in our investigation.

 

c.       Our Liability for Failing to Make Transfers. If we do not complete an electronic fund transfer to or from your Account on time or in the correct amount according to this Agreement, we may be liable for your losses or damages under section 910 of the


Electronic Fund Transfer Act (Title IX of the Consumer Credit Protection Act, 15 U.S.C.

§§ 1693 et seq.). There are some exceptions, however. We will not be liable, for instance:

(i) if through no fault of ours, your Account has insufficient funds for the transaction or the funds are unavailable for withdrawal (e.g., because they have not been finally collected or are subject to legal process); (ii) if the transaction would exceed your Overdraft Protection limit, if any; (iii) if the ATM where you are trying to make a withdrawal does not have enough cash; (iv) if the system, ATM, or point-of-sale terminal was not working properly and you knew about the problem when you started the transaction; (v) if a merchant refuses to honor your Card; (vi) if you attempt to use a Card that has not been properly activated;

(vii) if the information supplied by you or a third party is incorrect, incomplete, ambiguous, or untimely; (viii) if your Card has been reported as lost, stolen, or compromised or has been suspended by us, if we have limited or revoked your Account privileges, or if we have reason to believe the transaction is not authorized by you; (ix) if the transaction cannot be completed because your Card is damaged; (x) if circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labor dispute, pandemic, computer breakdown, telephone line disruption, or a natural disaster) or a rolling blackout prevent or delay the transfer despite reasonable precautions taken by us; or (xi) as otherwise provided in this Agreement.

 

d.       How to Stop Preauthorized Transfers From Your Primary Deposit Account. If you have told us in advance to make regular payments out of your primary deposit account, you can stop any of these payments by writing to us at Customer Care, P.O. Box 1070, West Chester, OH 45071-1070 or by calling us at (866) 773-4668. We must receive your request at least three business days before the payment is scheduled to be made. (Note: If you fail to give us your request at least three business days prior to a transfer, we may attempt, at our sole discretion, to stop the payment. We assume no responsibility for our failure or refusal to do so, however, even if we accept the request for processing.) If you call, we may require you to put your request in writing within 14 days after you call. If we do not receive the written confirmation within 14 days, we may honor subsequent debits to your primary deposit account. For individual payments, your request should specify the exact amount (dollars and cents) of the transfer you want to stop, the date of the transfer, and the identity of the payee. Unless you tell us that all future transfers to a specific recipient are to be stopped, we may treat your stop payment order as a request concerning the one transfer only. 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 for your losses or damages to the extent provided in this Agreement or required by applicable law.

 

e.       Varying Preauthorized Transfers. If you have arranged in advance to make regular payments out of your primary deposit account and they may vary in amount, the person you are going to pay should tell you, at least 10 days before each payment, when it will be made and how much it will be. The person you are going to pay may give you the option of receiving 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.


f.        Account Statements. You will get an Account statement each monthly statement period (unless there are no transfers in a particular month). In any case, you will get an Account statement at least quarterly, unless your Account is dormant or inactive. You will have access to these statements at https://app.carcard.com and via the Mobile App. We do not mail paper statements.

 

g.      Business Days. Except as otherwise provided in this Agreement, our business days are Monday through Friday, excluding federal and legal banking holidays in the State of Utah.

 

h.      Amendments/Changes in Account Terms. We may add to, delete, or change the terms of this Agreement at any time by mailing, emailing, posting a message in the Mobile App or delivering a notice, a statement message, or an amended agreement to you at the last address (location or email) on file for you, your Account, or the service in question. Unless otherwise required by applicable law, we may amend this Agreement without prior notice (e.g., by posting the information in the Mobile App or on https://app.carcard.com or otherwise making it available to you). Your continued use of your Card or other services after the notice or posting referenced above shall constitute your acceptance of the amended Agreement and its additional, deleted, and/or amended terms. We may substitute similar services or discontinue currently offered services by giving you prior notice. We do not have to notify you, however, of any changes that are beneficial to you (e.g., a reduction or waiver of any fees or the addition of services) or if the change is required for security reasons.

 

i.        Information Given to Third Parties. We may disclose information to third parties about you, your Account, and the transactions on your Account: (i) where it is necessary or helpful for completing transactions; (ii) in order to verify the existence and condition of your Account for a third party (e.g., a merchant); (iii) in order to comply with government agency or court orders; (iv) if you give us your consent; (v) to service providers who administer your Account or perform data processing, records management, collections, and other similar services for us, in order that they may perform those services; (vi) in order to identify, prevent, investigate, or report possible suspicious or illegal activity; (vii) in order to issue authorizations for transactions on your Account; (viii) to disclose the existence, history, and condition of your Account to consumer reporting agencies; and (ix) as permitted by our Privacy Policy. See our Privacy Policy for further details. Subject to any applicable privacy policies or personal data handling policies of the Bank or CarCard, we can also disclose information that is not personally identifiable for other purposes.

 

j.        Outbound ACH Transfer. Outbound ACH Transfers are governed by rules set forth by the National Automated Clearing House Association (“NACHA”). You agree to be bound by, and make the applicable warranties and representations required by, the NACHA rules. In the event of any conflict between the NACHA rules and any provision of this Agreement, the NACHA rules will prevail. You may obtain a copy of the NACHA rules, for a fee, through www.nacha.org.


k.       ACH Transfers to your Account. In addition to the other terms in this Agreement, any credit to your Account for an electronic transfer of funds transmitted via ACH by an originating depository financial institution (“ODFI”) is provisional until we receive final settlement through a Federal Reserve Bank, or otherwise receive payment in a manner acceptable to us. If we do not receive final settlement or payment, we are entitled to a refund from you for any amount credited to your Account and may deduct such amount from your Account without notice to you and the ODFI will not be considered to have paid the amount of the credit entry to you. According to the rules set forth by NACHA, we are not required to provide you with notice that we have received an ACH transfer to your account unless we have expressly agreed otherwise.

 

8.      We Use The Available Balance Method

a.       Determining Your Account’s Available Balance. The Available Balance of your Account is defined as the most current record of the amount of money in your Account available for your use or withdrawal. We use the Available Balance to authorize your transactions during the day (e.g., Card purchases and ATM withdrawals). We also use the Available Balance to pay your transactions in our nightly processing. Note that the Available Balance of your Account may not represent the current balance of your Account due to pending transactions. We calculate your Available Balance as follows:

i.      We start with the ending daily Account (posted) balance from our prior business day nightly processing that includes all transactions deposited to or paid from your Account;

ii.      We subtract from this amount any holds placed on a deposit to your Account and any holds placed due to legal process;

iii.     We add pending deposits that are immediately available for your use (see Section

4 titled “Funds Availability” for details); and

iv.      We subtract pending withdrawals that we have either authorized (such as Card purchases and ATM withdrawals) or are known to us (such as your preauthorized automatic ACH (as defined below) withdrawals that we receive for payment from your Account) but have not yet processed (see Section 5.d. titled “Money in Your Account May Be Held Until a Transaction is Completed” for details).

b.      How We Process (Post) Transactions to your Primary Deposit Account. We may charge your primary deposit account on the day that a transaction is presented (or returned) to us directly or electronically for payment. We may charge your primary deposit account or place a hold on funds at an earlier time if we receive notice that an item deposited to your primary deposit account is being returned, or if we receive notice that your electronic payment (e.g., at a point-of-sale) is being processed for collection.

c.       Negative Balances. You may not perform transactions that exceed the Available Balance of your Account, and we generally will not authorize or pay transactions that exceed the Available Balance of your Account, unless we decide, in our sole discretion, to authorize


and pay such transactions because you have opted in to and are eligible for Overdraft Protection. Please note, however, that some merchants: (i) may not check with us for authorization of the transaction amount; (ii) may check with us for authorization of the transaction amount but later present a transaction for payment that is for a higher amount; or (iii) may not timely present a transaction to us for payment, and therefore some transactions may be paid from your primary deposit account even if the Available Balance of your Account is insufficient, resulting in a negative balance in your primary deposit account, and even though you have not opted in to and are not eligible for Overdraft Protection. In such event, your primary deposit account will not be charged overdraft fees if you have not opted in to Overdraft Protection.

 

You are fully liable for the amount of any negative balance on your primary deposit account, including any applicable transaction fees. Any negative balance on your primary deposit account must be paid immediately, without notice or demand from us, by depositing funds to your primary deposit account. Without limiting any other provisions of this Agreement, if you do not deposit funds to your primary deposit account to cover a negative balance within 60 days of its creation, we may close your Account. Without limiting the foregoing, we reserve the right to pursue collections for any negative balance on your primary deposit account, and we may offset any negative balance on your primary deposit account with subsequent deposits, and other credits to your primary deposit account, to the fullest extent permitted by applicable law, in accordance with Section 12.r. titled “Security Interest & Setoff”.

9.       Discretionary Overdraft Protection

 

a.       Overview. In general, you may not perform transactions that exceed the Available Balance of your Account. However, if you elect to participate in our optional overdraft protection service (“Overdraft Protection”) by “opting in” and you satisfy our eligibility requirements, we may allow you, at our discretion, to make purchase transactions with your Card that exceed the Available Balance of your Account, subject to the limits and fees described in this Agreement. Please review the Overdraft Protection Opt-In Notice available at https://app.carcard.com or via the Mobile App. Our eligibility requirements for Overdraft Protection are based on a set of automated rules that weigh numerous variables and accountholder behaviors, which may include the type, amount, and frequency of deposits to your primary deposit account, your Account status and transaction history, and the history of any other prior or current accounts with us. While we may, in our sole discretion, allow you to opt in to Overdraft Protection before you satisfy our eligibility requirements to use Overdraft Protection, we do not authorize and pay overdrafts for Card purchase transactions unless you opt in to Overdraft Protection and meet our eligibility requirements, except in certain limited circumstances described in this Agreement. We may modify the eligibility requirements, limits, fees, and other terms of Overdraft Protection or restrict or discontinue Overdraft Protection at any time, and we will provide notice of any changes as required by applicable law.

 

b.       Opt-Out Option. If you previously opted in to Overdraft Protection, you may opt out of


Overdraft Protection at any time by logging in to your Account at https://app.carcard.com or via the Mobile App. In general, your opt-out request will be effective immediately, and we will send you an email to confirm your opt-out request. If you opt out of Overdraft Protection, you will remain responsible for overdraft transactions, and any related overdraft fees and other applicable transaction fees, authorized prior to the effectiveness of your election to opt out of Overdraft Protection.

c.       Discretionary Service. Overdraft Protection is not a loan or a line of credit. Even if you have opted in to Overdraft Protection, we are not obligated to pay any Card purchase transaction presented for payment that exceeds the Available Balance of your Account. Payment of such transactions by us is a discretionary, non-contractual courtesy and not a right of yours or an obligation of ours. Any discretionary payment by us of any overdraft transaction does not obligate us to pay any other overdraft transaction. We, in our sole and absolute discretion, may cease paying overdraft transactions at any time without prior notice of reason or cause.

 

d.       Eligible Transactions. The only transactions that are eligible for Overdraft Protection are Card purchase transactions. We do not authorize or pay overdrafts for any other transactions, including, but not limited to, ATM withdrawals, payments through our Bill Payment Service, ACH transfers, fund transfers (including person-to-person fund transfers), or teller cash withdrawals.

e.       Overdraft Protection Limit. If you opt in to Overdraft Protection and satisfy our eligibility requirements, you may be assigned an Overdraft Protection limit determined by us in our sole discretion based on a set of automated rules that weigh numerous variables and accountholder behaviors, as described in Section 9.a above. We may increase or decrease your Overdraft Protection limit at any time in our sole discretion. We may decrease your Overdraft Protection limit to $0 if some or all of our eligibility requirements are no longer met, which may result in transactions being returned unpaid to merchants or third parties due to insufficient funds. You will remain responsible for overdraft transactions, and any related overdraft fees, authorized prior to a decrease in your Overdraft Protection limit. If you are assigned an Overdraft Protection limit, you may not select a higher or lower limit. The Overdraft Protection limit you may be assigned will be displayed in the Mobile App and after you log into your Account at https://app.carcard.com.

 

Please note that overdraft fees may not count towards your Overdraft Protection limit. Therefore, overdraft fees may cause your primary deposit account to be overdrawn by an amount that is greater than your Overdraft Protection limit.

 

f.        Obligation to Repay. If we authorize and pay a Card purchase transaction that exceeds the Available Balance of your Account, you must pay the negative balance, including any overdraft fees and other applicable transaction fees, immediately by depositing funds to your primary deposit account. We may, at any time, in our sole discretion and without notice to you, offset any negative balance in your primary deposit account with incoming deposits, and credits to your primary deposit account, and separately with funds from any


other account you open or maintain with us.

g.       Fees for Overdraft Protection Transactions. We will impose an overdraft fee if we pay a Card purchase transaction that exceeds the Available Balance of your Account, except as described below and in certain limited circumstances as described elsewhere in this Agreement. The overdraft fee is in addition to any other fees that may apply to a Card purchase transaction or your Account, as disclosed in this Agreement. The amount and applicability of the overdraft fee is as follows:

 

Overdraft Fee

$15

For each transaction that is greater than

$5 and overdraws your primary deposit account by more than $10, up to a maximum of ten overdraft fees per monthly statement period

 

h.       Grace Period. No overdraft fee will be assessed in connection with any overdraft transaction if the Available Balance of your primary deposit account is returned to a $0 or positive balance within 24 hours from the first authorized overdrawn transaction that brings your Available Balance below $0. After the 24-hour grace period has ended and your account has not returned to a $0 or positive balance, an overdraft fee will be assessed for each transaction that is greater than $5 and overdraws your primary deposit account by more than $10.

 

i.        Order of Settlement. Transactions are not always processed in the order in which you make them. The order in which the transactions are received and processed can affect the Available Balance of your Account and the total amount of overdraft fees assessed to your Account. Transactions are processed in the order we receive them for settlement. Multiple overdraft fees may be charged if multiple overdraft transactions are authorized on the same day. It is important to keep track of the Available Balance of your Account because it is your responsibility to determine if you have overdrawn your primary deposit account, the day and time the overdraft transaction occurred, and the amount of any Card purchase transactions authorized and paid pursuant to Overdraft Protection.

 

j.        Alerts. We will send emails to your email address in our records (and also text messages to your mobile number in our records if you are enrolled in text alerts) in connection with your use of Overdraft Protection (e.g., to notify you when we increase or decrease your Overdraft Protection limit, when an overdraft occurs that might incur an overdraft fee, and when the grace period ends for purposes of avoiding an overdraft fee).

 

k.       Suspension or Termination. We may suspend or terminate your ability to use Overdraft Protection at any time without notice of reason or cause in our sole discretion. If we suspend or terminate your ability to use Overdraft Protection, this may result in transactions being returned unpaid to merchants or third parties due to insufficient funds, and you will remain responsible for overdraft transactions, and any related overdraft fees, authorized prior to the suspension or termination of your ability to use Overdraft Protection.


l.        Limits. We do not authorize and pay overdrafts if your access to Overdraft Protection has been suspended or terminated or if you have opted out of Overdraft Protection, except in certain limited circumstances described in this Agreement. Without limiting the foregoing, if you overdraw your primary deposit account 10 times or more during a monthly statement period, we may suspend your access to Overdraft Protection for the remainder of the monthly statement period.

 

m.     Important Notice About Overdraft Protection. While Overdraft Protection may help you avoid transaction declines for important purchases, this is an expensive service and should not be relied upon to meet your credit needs. We encourage you to research alternative solutions that may be less expensive or more advantageous to you before you opt in to and use Overdraft Protection.

 

10.   Bill Payment Service

a.       General. If you have met our eligibility criteria, you can make payments to others from your primary deposit account using our bill payment service. This service is only available through the Mobile App.

 

b.       Bill Payment Service Definitions. For purposes of this Section 10, the following definitions apply.

 

Bill Payment Service” means the Bill Payment Service offered by the Bank, through CheckFree Services Corporation, a subsidiary of Fiserv Solutions, Inc., that you can access using your Account.

 

Business Day is every Monday through Friday, excluding Federal Reserve holidays.

 

Debit Date” is the day your primary deposit account will be debited and is also the day that we will begin processing your Payment Instruction. If you schedule a future Debit Date for a payment, and the date you schedule falls on a non-Business Day, the Debit Date will be the Business Day immediately preceding the date that you scheduled.

 

Due Date is the date reflected on your Payee statement for which the payment is due. It is not the late date or grace period.

 

Pay Date is the day your Payee should receive your payment.

 

Payee is the person or entity to which you wish a bill payment to be directed or is the

person or entity from which you receive electronic bills, as the case may be.

 

Payment Instruction is the information provided by you to the Bill Payment Service for a payment to be made to the Payee (such as, but not limited to, Payee name, Payee account number, and Debit Date).

 

Scheduled Payment is a payment that has been scheduled through the Bill Payment


Service but has not begun processing.

c.       Service Fees and Additional Charges. There is no service fee for using the Bill Payment Service. We may change these fees as described in this Agreement. You are responsible for any and all telephone access fees and/or Internet service fees that may be assessed by your telephone and/or Internet service provider when you access the Bill Payment Service.

 

d.       Payment Scheduling. Transactions begin processing on your Debit Date. The earliest Debit Date for Payment Instructions entered on a non-Business Day will be the next Business Day. When you schedule an individual payment, the earliest possible Pay Date for each Payee (typically eight Business Days from the Debit Date) will be designated through the Bill Payment Service when you are scheduling the payment, and you must select a Debit Date so that the associated Pay Date is no later than the actual Due Date reflected on your Payee statement.

 

When you schedule regular (i.e., recurring) payments to occur in advance, you will select only a Debit Date. You are responsible for ensuring that the Debit Date is sufficiently in advance of your Due Date to allow the Payee to receive the payment. We recommend that you allow at least eight Business Days between the Debit Date and your Due Date. YOU ARE RESPONSIBLE FOR ANY LATE PAYMENTS THAT OCCUR BECAUSE YOU SCHEDULE THE DEBIT DATE TOO CLOSE TO THE DUE DATE.

 

You are responsible for ensuring that there are sufficient funds in your primary deposit account on the Debit Date to complete the payment.

 

e.       Payment Authorization and Payment Remittance. By providing us with names and account information of Payees to whom you wish to direct payments, you authorize us to follow the Payment Instructions that we receive from you. In order to process payments more efficiently and effectively, you agree that we may edit or alter payment data or data formats in accordance with Payee directives.

 

When we receive a Payment Instruction, you authorize us to debit your primary deposit account and remit funds on your behalf to your Payee so that the funds arrive on or as soon as reasonably possible after the Pay Date designated by you. You also authorize us to credit your primary deposit account for payments returned to us by the United States Postal Service or Payee.

 

We will use commercially reasonable efforts to make all your payments properly. If we do not complete a payment from your primary deposit account on time or in the correct amount according to this Agreement, we will not be liable for your losses, costs, or expenses, except for your direct losses or damages to the extent directly relating to our gross negligence or intentional misconduct. We will also not be liable for your losses or damages if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances: (i) if, through no fault of ours, your primary deposit account does not contain sufficient funds to complete the transaction; (ii) the Bill


Payment Service is not working properly and you know or have been advised about the malfunction before you execute the transaction; (iii) you have not provided us with the correct account information, or correct Payment Instructions; or (iv) circumstances beyond our control (such as, but not limited to, fire, flood, pandemic or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances. There are other exceptions provided in this Agreement. Provided none of these exceptions are applicable, if we cause an incorrect amount of funds to be removed from your primary deposit account or cause funds from your primary deposit account to be directed to a Payee in a manner inconsistent with your Payment Instructions, or fail to initiate your payment in accordance with your Payment Instructions, we will only be responsible for returning those funds to your primary deposit account, or for directing to the proper Payee any previously misdirected transactions, and will have no further liability with respect to same, except as expressly provided for above.

 

f.       Payment Methods. We reserve the right to select the method in which to remit funds on your behalf to your Payee. These payment methods may include, but may not be limited to, an electronic payment or a check payment.

 

g.       Limits on Payments You Can Make. If your Account has been opened for less than 30 days, you may not make a payment in an amount less than $1.00 or greater than $500, and you are limited to 3 Payment Instructions daily and an aggregate payment amount of $5,000 in a month.  If your Account has been opened for 30 or more days, you may not make a payment in an amount less than $1.00 or greater than $2,000, and you are limited to 5 Payment Instructions daily and an aggregate payment amount of $9,000 in a month. 

 

 Any payments you request will be considered to occur on the Debit Date.

 

h.       Payment Cancellation Requests. You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions provided in the Bill Payment Service. There is no charge for canceling or editing a Scheduled Payment. Once we have begun processing a payment, on the Debit Date, it cannot be cancelled or edited, and therefore a stop payment request must be submitted.

 

i.        Stop Payment Requests. Our ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. We may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must call us at (866) 773-4668 or write us at Customer Care, P.O. Box 1070, West Chester, OH 45071-1070 so that we receive your request at least three Business Days prior to the Pay Date. We may require you to present your request in writing within 14 days. For any other payments, we will attempt to accommodate your request, but will have no liability for failing to do so.

 

j.        Prohibited Payments. The following payments are prohibited through the Bill Payment Service: (i) payments to Payees outside of the U.S. or its territories; and (ii) payments prohibited by applicable law. Except as may be required by applicable law, we will have no liability for any claims or damages resulting from any prohibited payments you schedule or attempt to schedule.

 

k.       Exception Payments. Tax payments and court ordered payments may be scheduled through the Bill Payment Service; however, such payments are discouraged and must be scheduled at your own risk. We will have no liability for any claims or damages resulting from you scheduling these types of payments. We also have no obligation to research or resolve any claim resulting from any such payment. All research and resolution for any misapplied, mis-posted, or misdirected payments will be your sole responsibility.

 

l.        Bill Delivery and Presentment. The Bill Payment Service is for the presentment of electronic bills only. It is your sole responsibility to contact your Payees directly if you do not receive your statements. In addition, if you elect to activate one of the electronic bill options, you also agree to the following:

i.      Information provided to the Payee. We cannot update or change your personal information, such as, but not limited to, name, address, phone numbers, and email addresses, with the electronic Payee. Any changes will need to be made by contacting the Payee directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic Payee websites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill. We may, at the request of the Payee, provide to the Payee your email address, service address, or other data specifically requested by the Payee at the time of activating the electronic bill for that Payee, for purposes of the Payee informing you about the Bill Payment Service and/or bill information.

ii.      Activation. Upon activation of the electronic bill feature, we may notify the Payee of your request to receive electronic billing information. The presentment of your first electronic bill may vary from Payee to Payee and may take up to 60 days, depending on the billing cycle of each Payee. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the Payee. While your electronic bill feature is being activated, it is your responsibility to keep your accounts current. Each electronic Payee reserves the right to accept or deny your request to receive electronic bills.

iii.      Authorization to obtain bill data. Your activation of the electronic bill feature for a Payee will be deemed by us to be your authorization for us to obtain bill data from the Payee on your behalf. For some Payees, you will be asked to provide us with your username and password for that Payee. By providing us with such information, you authorize us to use the information to obtain your bill data.

iv.      Notification. We will use our best efforts to present all of your electronic bills promptly. In addition to notification within the Bill Payment Service, we may send an email notification to the email address listed for your Account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive notification, it is your responsibility to periodically logon to the Bill Payment Service and check on the delivery of new electronic bills. The time for notification may vary from Payee to Payee. You are responsible for ensuring timely payment of all bills.

v.      Cancellation of electronic bill notification. The electronic Payee reserves the right to cancel the presentment of electronic bills at any time. You may cancel electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from Payee to Payee. It may take up to 60 days, depending on the billing cycle of each Payee. We will notify your electronic Payee(s) as to the change in status of your Account, and it is your sole responsibility to make arrangements for an alternative form of bill delivery. We will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.

vi.      Non-Delivery of electronic bill(s). You agree to hold us harmless if the Payee fails to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the Payee directly.

vii.      Accuracy and dispute of electronic bill. We are not responsible for the accuracy of your electronic bill(s). We are only responsible for presenting the information we receive from the Payee. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the Payee directly.

This Agreement does not alter your liability or obligations that currently exist between you and your Payees.

 

m.     EXCLUSIONS OF WARRANTIES AND LIMITATION OF LIABILITY.

 

THE BILL PAYMENT SERVICE AND RELATED DOCUMENTATION ARE WITHOUT, AND WE EXPRESSLY DISCLAIM, ANY IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ONLY THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT APPLY TO THE BILL PAYMENT SERVICE AND RELATED DOCUMENTATION.

 

EXCEPT TO THE EXTENT PROVIDED IN THE “PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE” SECTION, OR TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE BILL PAYMENT SERVICE OR ANY SOFTWARE OR DOCUMENTATION RELATED TO THE BILL PAYMENT SERVICE.

 

n.       Sharing of Information. As provided in our Privacy Policy, information about you and your transactions will be shared with third parties to assist us in providing services for your Account, such as the Bill Payment Service.

 

o.       Failed or Returned Transactions. By using the Bill Payment Service, you are requesting


the Bill Payment Service to make payments for you using your primary deposit account. If we are unable to complete the transaction for any reason associated with your primary deposit account (for example, there are insufficient funds in your primary deposit account to cover the transaction), the transaction will not be completed and we will attempt to notify you. If you have had two (2) or more failed or returned transactions within a 90-day period, beginning at the time of the first failed or returned transaction, then we reserve the right to unenroll you from the Bill Payment Service. We will attempt to notify you of your unenrollment. You may re-enroll at any time.

 

p.       Payee Limitation. We reserve the right to refuse to pay any Payee to whom you may direct a payment. We will attempt to notify you promptly if we decide to refuse to pay a Payee designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement.

 

q.       Returned Payments. By using the Bill Payment Service, you understand that Payees and/or the United States Postal Service may return payments to us for various reasons, such as, but not limited to, Payee’s forwarding address expired; Payee account number is not valid; Payee is unable to locate account; or Payee account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Payee, or void the payment and credit your primary deposit account. You may receive notification from us.

 

r.       Information Authorization. Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. In addition, you agree that we reserve the right to obtain financial information regarding your Account from a Payee (for example, to resolve payment posting problems or for verification).

 

s.       Biller Limitation. We reserve the right to refuse to pay any Biller to whom you may direct a payment. We will attempt to notify you promptly if we decide to refuse to pay a Biller designated by you. This notification is not required if you attempt to make a prohibited payment under this Agreement.

 

t.        Returned Payments. By using the Bill Payment Service, you understand that Billers and/or the United States Postal Service may return payments to us for various reasons, such as, but not limited to, Biller’s forwarding address expired; Biller account number is not valid; Biller is unable to locate account; or Biller account is paid in full. We will use our best efforts to research and correct the returned payment and return it to your Biller, or void the payment and credit your primary deposit account. You may receive notification from us.

 

u.      Information Authorization. Your enrollment in the Bill Payment Service may not be fulfilled if we cannot verify your identity or other necessary information. In addition, you agree that we reserve the right to obtain financial information regarding your Account from a Biller (for example, to resolve payment posting problems or for verification).

 

v.      Deactivation. Should you fail to utilize the Bill Payment Service to pay at least one Biller on a rolling ninety (90) day basis, we reserve the right to deactivate your ability to use the Bill Payment Service. We will attempt to notify you prior to deactivation. You my re-enroll


at any time after deactivation.

 

w.     Suspension or Termination. Without limiting any other right or remedy that we may have under this Agreement or otherwise, we may suspend or terminate your ability to use the Bill Payment Service at any time without prior notice in the event that we believe there is a problem with your use of the Bill Payment Service, including, without limitation, under the following circumstances: (i) if you breach this Agreement or any other agreement with us; (ii) we believe there has been or may be an unauthorized use of your Account; (iii) we are unable to verify your identity or authority to use the Bill Payment Service to our satisfaction; (v) your Account is not in good standing; or (vi) we believe that your use of the Bill Payment Service could expose us to increased risk. You understand and agree that such action is reasonable for us to take in order to protect us from loss.

 

x.      Contact Information Updates. It is your sole responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, your name, address, phone numbers, and email addresses. Certain changes (other than name) can be made online at https://app.carcard.com or in the Mobile App. If you need to change your name, please call us at (866) 773-4668. For your security purposes, we will need to verify your identity before allowing any Account information changes. We are not responsible for any payment processing errors or fees incurred if you do not provide accurate Payee, account, or contact information.

 

11.   Funds Transfer Services

 

a.       General. We offer the following types of services through the Mobile App and online at https://app.carcard.com for transferring funds to or from your primary deposit account (the “Funds Transfer Services”):

(i)                 The Bank Transfer Service allows you to transfer funds to your primary deposit account (an “Inbound Bank Transfer”) from an eligible bank account in your name at a U.S. financial institution (your “External Bank Account”). You can also use our bank transfer service to transfer funds from your Account to an External Bank account (each such transfer, an “Outbound Bank Transfer” and, in conjunction with Inbound Transfers, the “Bank Transfer Service”), we may require you to activate your Personalized Card. Although we may use any means to execute an Inbound Bank Transfer or Outbound Bank Transfer, we normally use ACH. There are no fees imposed by us associated with the Bank Transfer Service.

(ii)               The Instant Transfer Service allows you to initiate a near real-time5 transfer of funds from your primary deposit account to an eligible External Bank Account that is linked to your Visa or Mastercard-branded debit card that accepts such transfers (your “External Outbound Debit Card Account”).

 

In order to request an Outbound Bank Transfer, you must provide us with identifying


5 Instant Transfers generally are processed within minutes of your request, but could take up to 30 minutes or longer in some cases.


information regarding your External Bank Account that you would like to receive the money, including your bank account and routing numbers, and we may refuse a bank account or a transfer for security reasons or, if the bank account is invalid or closed, any subsequent requests may be rejected.

 

ENTER AND REVIEW YOUR EXTERNAL BANK ACCOUNT INFORMATION

FOR OUTBOUND ACH TRANSFERS CAREFULLY. You are solely responsible for ensuring that you have entered the correct routing and account numbers for your bank account and any other information we require for an Outbound Bank Transfer. If you enter this information incorrectly, your money may be lost.

 

Not all debit or reloadable prepaid cards are eligible to accept Instant Transfers. In order to request an Instant Transfer, you must have a Personalized Card, and an Eligible External Outbound Debit Card and we may refuse an External Outbound Debit Card or a transfer for security reasons. Although we may use any means to execute an Instant Transfer, funds are normally transferred via the payment network associated with your External Outbound Debit Card. We may delay or suspend the processing of an Instant Transfer for security and fraud purposes and as otherwise specified in this Agreement.

You agree that you will initiate Instant Transfers to External Outbound Debit Cards only and have sufficient available money in your primary deposit account to cover the amount of any Instant Transfer that you request, including any applicable fees. If you do not, we may reject the Instant Transfer. We will remove the money that you have designated to be transferred from your primary deposit account including any applicable fees when you submit the Instant Transfer request to us.

 

ENTER AND REVIEW YOUR ELIGIBLE EXTERNAL OUTBOUND DEBIT CARD INFORMATION FOR INSTANT TRANSFERS CAREFULLY. You are solely

responsible for ensuring that you have entered the information we require for an Instant Transfer. If you enter this information incorrectly, your money may be lost.

 

b.       External Bank Account Verification. Before you may use the Bank Transfer Service, we will verify your ownership of your External Bank Account by: (i) accessing your account information at the applicable U.S. financial institution and/or (ii) asking you to provide proof of your ownership. If we ask you to provide us information about your External Bank Account (e.g., your username and password), you agree that you are directly providing that information to us (and our designated service provider) so that we can access information about your External Bank Account online in order to verify your ownership of your External Bank Account.

 

c.       Your Representations and Warranties. By using the Funds Transfer Services, you authorize us to act as your agent and attorney-in-fact for the limited purpose of gathering information about your External Bank Account, and External Outbound Debit Card Account (collectively, your “External Accounts”), communicating with others regarding your transfer instructions, and processing your transfers via the Funds Transfer Services. You represent to us that: (i) the financial institutions for your External Accounts have expressly


agreed to (or do not prohibit) those actions by us; (ii) you have the authority to grant us the right to conduct those activities; (iii) you are authorized to conduct transfers from your External Accounts via the Funds Transfer Services and such accounts are classified as consumer accounts; (iv) the information you provide to us regarding your External Accounts is accurate and complete; (v) you are an owner and authorized signer for your External Accounts and your External Accounts are titled in your name; and (vi) no other person’s authorization is required for us to process your requested transfers via the Funds Transfer Services. The financial institutions that hold your External Accounts may contact us from time to time to verify information about a pending transfer. You agree that we may provide any information needed to verify your instructions or otherwise process such transfer.

 

d.       Eligibility. Not all types of accounts and debit cards or reloadable cards are eligible for use with the Funds Transfer Services. You must check with the financial institutions for your External Accounts to determine if there are any restrictions regarding sending transfers via the Funds Transfer Services (e.g., 401k, IRA, savings, credit, and money market accounts may not be able to send transfers). We are not responsible for any costs or losses incurred if transfers are not permitted or are restricted by the financial institutions for your External Accounts or by applicable law.

 

e.       Fees. We do not charges fees for an Inbound Bank Transfer or Outbound Bank Transfer. An Instant Transfer is subject to the fees set forth in Section 2 titled “Fees” above.

 

For an Instant Transfer, the fee is based on, and subtracted from, the amount you request to be transferred from your primary deposit account to your External Outbound Debit Card Account. This means that the amount of funds transferred to your External Outbound Debit Card Account is reduced by the amount of the Instant Transfer Fee. For example, if you request $100 to be transferred from your primary deposit account to your External Outbound Debit Card Account, $100 will be debited from your primary deposit account, the fee for the Instant Transfer will be $1.50, and $98.50 will be credited to your External Outbound Debit Card Account.

 

Please note that the financial institutions for your External Accounts may separately charge fees in connection with transfers via the Funds Transfer Services (e.g., if the transfer results in an overdraft of your External Account).

 

f.        Processing Times.

 

i.      Funds Transfer Service.

 

Inbound Bank Transfers are generally deposited to your primary deposit account within three business days of when you instruct us to make the transfer. The cutoff time for submitting instructions for Inbound Bank Transfers is 9:30 p.m. (Pacific Time). Instructions received after the cutoff time or on a non-business day may be processed by us on the next business day. Inbound Bank Transfers scheduled to be processed on a non-business day will be processed on the next business day.


Subject to the terms of Section 11.b, we generally process Outbound Bank Transfers within 3 business days of your request but could take up to 5 business days in some cases. The cutoff time for submitting a request is 9:30 P.M. Pacific Time. Requests for Outbound Bank Transfers received after this cutoff time or on a non-business day may be processed by us on the next business day. Outbound Bank Transfers scheduled to be processed on a weekend or holiday will be processed on the next business day.

Instant Transfers generally are processed within minutes of your request, but could take up to 30 minutes or longer in some cases. The financial institution that holds the External Outbound Debit Card may take additional time to deposit the funds from an Instant Transfer.

 

We cannot guarantee the timely delivery or return of funds as a result of a failure of another financial institution to act in a timely manner.

 

ii.        We may delay, suspend, or cancel the processing of any transfer via the Funds Transfer Services for security and fraud purposes and as otherwise specified in this Agreement. We are not responsible for any losses or damages that may result from our delay, suspension, or cancellation of a transfer, or for any failure to notify you of such delay, suspension, or cancellation. We cannot guarantee the timely delivery of funds as a result of a failure of another financial institution to act in a timely manner. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, transfers authorized via the Funds Transfer Services are non-refundable and cannot be cancelled after you submit instructions for us to make a transfer.

 

g.       Limits. Your use of the Funds Transfer Services is subject to the following limits:

 

i.      Bank Transfer Service. The minimum amount of an Inbound Bank Transfer is $1 per transfer. The maximum amount of your first Inbound Bank Transfer is $500. Subject to the foregoing limit, you may perform up to $1,500 in Inbound Bank Transfers in any rolling 24-hour period, up to $2,000 in Inbound Bank Transfers in any rolling 7-day period, and up to $3,000 in Inbound Bank Transfers in any rolling 30-day period. If you have already authorized an Inbound Bank Transfer, you may not authorize another Inbound Bank Transfer until five days after the date you previously authorized the first Inbound Bank Transfer.

 

The minimum amount of any single Outbound ACH Transfer is $1, and the daily maximum amount of all Outbound ACH Transfers is $1,000. Subject to the foregoing, you can use Outbound ACH Transfer to transfer up to an aggregate of

$3,000 in a rolling 30-day period.

 

ii.      Instant Transfer. The minimum amount of an Instant Transfer is $1 per transfer, excluding applicable fees. Rolling 7-day aggregate and 30-day aggregate limits of Instant Transfers apply, up to $500 in a rolling 7-day period and up to $1,500 in a


rolling 30-day period. In addition, the amount of an Instant Transfer (inclusive of any fees) cannot exceed the available balance in your primary deposit at the time the transfer is initiated. You are limited to 20 Instant Transfer transactions in any rolling 7-day period, and 200 Instant Transfer transactions in any rolling 30-day period.

 

iii.      The limits applicable to the Funds Transfer Services are subject to change. You may be eligible for less restrictive limits. If so, we may disclose such limits at the time you use the applicable service. We may add new limits, make existing limits more restrictive, or cancel your transfers without prior notice, as described below in “Suspension or Termination”. We will notify you of changes to the limits for the Funds Transfer Services as required by applicable law.

h.       Representations Regarding Sufficiency of Funds. When you initiate a transfer via the Funds Transfer Services, you represent and agree that you have sufficient funds in your External Account for all such transfers, including any applicable fees.

 

i.        Declined and Reversed Transfers. We may decline to complete a transfer via the Funds Transfer Services if: (i) we believe it may involve or result in a violation of applicable law or expose us to liability or risk of loss; (ii) we are unable to authenticate your Account or your External Account; (iii) there are insufficient funds available for the transfer; (iv) the transfer instructions are unclear, ambiguous, or incomplete; (v) we identify a security risk involving the transfer; or (vi) as otherwise stated in this Agreement. If we have begun to process a transfer, and it is rejected for any reason, we will notify you and attempt to return the funds to your External Account. You authorize us to return funds to your External Account if we are advised by the financial institution or the company processing the transfer that the transfer was not authorized by you, was made to your primary deposit account in error, or that there were insufficient funds available in your External Account for the transfer.

 

j.        Suspension or Termination. Without limiting any other right or remedy that we may have under this Agreement or otherwise, we may suspend or terminate your ability to use the Funds Transfer Services at any time without prior notice in the event that we believe there is a problem with your use of the Funds Transfer Services, including, without limitation, under the following circumstances: (i) we are unable to debit your External Account or collect money due to us; (ii) if you breach this Agreement or any other agreement with us;

(iii)  we believe there has been or may be an unauthorized use of your Account; (iv) we are unable to verify your identity or authority to use the Funds Transfer Services to our satisfaction; (v) your Account is not in good standing; or (vi) we believe that your use of the Funds Transfer Services could expose us to increased risk. You understand and agree that such action is reasonable for us to take in order to protect us from loss.

12.   Additional Terms & Conditions

 

a.       Adjustments. We may make adjustments to your Account, your Eligible External Debit


Card or your External Bank Account whenever a correction or change is required. Adjustments might occur, for example, if deposits are recorded or keyed in the wrong amount or items you deposit are returned unpaid.

b.      Account Contact Information Changes. You agree to notify us immediately in writing of any change in your name, address, email address, phone number, or other contact information associated with your Account. We may rely on our records to determine the ownership of your Account.

 

c.       Compliance. You agree not to violate the laws of the U.S., including, without limitation, the economic sanctions administered by the U.S. Treasury’s Office of Foreign Assets Control. You may not use your Account or any Account-related service to conduct any activity that would violate applicable law. If we are uncertain regarding the legality of any transaction, we may refuse the transaction or freeze the amount in question while we investigate the matter.

 

d.      Conflicting Demands/Disputes. If there is any uncertainty regarding the ownership of an Account or its funds, there are conflicting demands over its ownership or control, we are unable to determine any person’s authority to give us instructions, we are requested by Adult Protective Services or any similar state or local agency to freeze the Account or reject a transaction due to the suspected financial abuse of an elder or dependent adult, or we believe a transaction may be fraudulent or may violate any law, we may, at our sole discretion: (i) freeze the Account and refuse transactions until we receive written proof (in form and substance satisfactory to us) of each person’s right and authority over the Account and its funds; (ii) refuse transactions; (iii) require the signatures of all authorized signers for the withdrawal of funds, the closing of an Account, or any change in the Account regardless of the number of authorized signers on the Account; (iv) request instructions from a court of competent jurisdiction at your expense regarding the Account or transaction; and/or (v) continue to honor transactions and other instructions given to us by persons who appear as authorized signers according to our records. The existence of the rights set forth above will not impose an obligation on us to assert such rights or to deny a transaction.

 

e.       Consent For Us to Contact You. Except to the extent prohibited by applicable law, you agree that we or our agents may contact you at any telephone number you provide to us, including your mobile phone number, and you agree to receive these calls and also text messages, including prerecorded or autodialed calls. You understand that your service provider may charge you for these calls and messages.

 

f.       Consent to Gather Information. You authorize us to obtain information from time to time regarding your credit history from credit reporting agencies and other third parties. You authorize us to obtain address information from the California Department of Motor Vehicles or any other government agency. As such, you waive your rights under California Vehicle Code § 1808.21 (or its equivalent). You authorize your wireless operator to disclose your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI), and other subscriber


status and device details, if available, to us and our service providers solely to verify your identity and prevent fraud. See our Privacy Policy for how we treat your data.

g.      Cutoff Hours. Except as otherwise expressly provided in this Agreement, instructions received by us on a weekend, holiday, or after our cutoff hour on a business day may be treated  and  acted  upon  by  us  as  if  received  on  the  next  business  day.

 

h.      Death or Adjudication of Incompetence. We may disregard any notice of incompetence unless the person in question has been declared incompetent by a court of appropriate jurisdiction and we receive written notice and instructions from the court regarding the Account. We also may freeze, offset, refuse, and/or reverse deposits and transactions (e.g., governmental or retirement benefit payments payable to the deceased) if you die or are adjudicated incompetent. Without limiting any other provisions of this Agreement, if we have any question as to the ownership of funds or the amount of funds that belong to any person upon the death of an accountholder, we may freeze all or part of the Account, pending receipt of proof (satisfactory to us) of each person’s right to the funds.

 

i.        Deposit Insurance. Your Account is insured up to the regulatory limits prescribed by the Federal Deposit Insurance Corporation (FDIC). For further information regarding insurance of accounts, you may write to the FDIC at 550 17th Street, N.W., Washington,

D.C. 20429, telephone the FDIC’s toll-free consumer hotline at 877-275-3342, or visit its website at https://www.fdic.gov/.

 

j.        Fax Instructions/Voicemail/Email. We may, but are not required to, act upon instructions received by fax transmission, voicemail, or email. We may not review your message until the business day after its receipt. As such, it may not be appropriate to use these methods of communication if you need to reach us with time-sensitive information. For security reasons, you should not send us emails that contain any personal or Account information.

 

k.      Force Majeure. We will not be liable for any loss, expense, failure to perform, or delay caused by failure of communication systems, accidents, pandemics, strikes, fire, flood, war, riot, civil strife, terrorist attack, earthquake, power outage, funds transfer system or government rules, acts of third parties, or any cause that is beyond our reasonable control.

 

l.        Governing Law. To the extent this Agreement is subject to the laws of any state, it will be subject to the law of the State of Utah, without regard to its conflict of law provisions.

 

m.    Inactive Accounts. For security reasons, we may refuse a withdrawal or transfer from Accounts we internally classify as dormant if we cannot reach you in a timely fashion to confirm the transaction’s authorization. We may transfer (escheat) funds in your Account to the appropriate state if no activity occurs in your Account or you fail to communicate with us regarding your Account within the time period specified by state law. We may consider your Account inactive even if you maintain another active account with us. We may impose a fee for sending a dormant Account notice to you prior to transferring the funds to the appropriate state. If funds are transferred to a state, you may file a claim with the state to recover the funds.


n.      Legal Process. We may comply with any writ of attachment, execution, garnishment, tax levy, restraining order, subpoena, warrant, or other legal process that we believe (correctly or otherwise) to be valid. We may notify you of such process by telephone, electronically, or in writing. If we are not fully reimbursed for our record research, photocopying, and handling costs by the party that served the process, we may charge such costs to your Account. You agree to reimburse us for any cost or expense, including reasonable attorneys’ fees, which we incur in responding to legal process related to your Account. You agree that we may honor legal process that is served personally, by mail, email, or facsimile transmission at any of our offices (including locations other than where the funds, records, or property sought is held), even if the law requires personal delivery at the office where your Account or records are maintained.

 

o.      Limitation on Time to Bring Action. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to your Account or any Account service must be commenced no later than one year after the day the cause of action accrues.

 

p.      Other Agreements. You may have another agreement with us that, by its terms, supersedes this Agreement in whole or in part.

 

q.      Power-of-Attorney. You may appoint an attorney-in-fact for your Account and also revoke a power of attorney. You should notify us in advance if you plan to create a power of attorney involving your Account. We generally will accept a Uniform Statutory Form Power of Attorney that complies with applicable state law. We may refuse to accept other forms of powers of attorney, however, with or without cause. We may act on the instructions of an attorney-in-fact whether or not the attorney-in-fact relationship is noted in the instruction. You can revoke your power of attorney by sending a written notice to us. We assume no duty to monitor the actions of your attorney-in-fact to ensure that he or she acts for your benefit.

 

r.        Security Interest & Setoff. You grant us a security interest in your Account, including all current and future deposits, for amounts owing to us now and/or in the future under this Agreement or any other agreement you have with us. We may charge or set off funds in your Account, which can include, but is not limited to, for any direct, indirect, and/or acquired obligations that you owe us now and/or in the future, regardless of the source of the funds in your Account, to the fullest extent permitted by law. If you have a negative balance in your primary deposit account due to your use of Overdraft Protection or for other reasons discussed in Section 8 titled “We Use The Available Balance Method” or Section 9 titled “Discretionary Overdraft Protection”, we will automatically deduct the negative balance amount from any current or future funds in your primary deposit account, or any other account you open or maintain with us.

s.       Severability. If any of the provisions of this Agreement are determined to be void or invalid, the remainder of this Agreement will remain in full force and effect.


t.        Telephone and Electronic Communication Monitoring/Recording. We may monitor telephone conversations and electronic communications for quality and control purposes without prior notice to you. We usually do not record conversations without notice to you.

 

u.      Termination/Closing Your Account. We may close your Account if the Account balance is zero or negative. We may also terminate your Account relationship with us at any time, with or without cause, with or without notice. If funds are not withdrawn from your Account prior to the termination of your Account, we may send a check for the Account balance to you at the last address we have on file for your Account or return the Account balance to you via any other method we select in our discretion. We reserve the right to refuse to return any unused balance amount less than $1.00. We may dishonor any item or transaction presented for payment after your Account is closed. Notwithstanding the foregoing, you remain responsible for such items and transactions, which may be treated as overdrafts.

 

v.      Transfers/Assignments. Unless otherwise agreed by us in writing, your Account is non-transferable and non-negotiable. You may not grant, transfer, or assign any of your rights to your Account without our prior written consent. We are not required to accept or recognize an attempted assignment of your Account or any interest in it, including a notice of security interest.

w.     Waivers. We may delay enforcing our rights under this Agreement without losing them. Any waiver by us will not be deemed a waiver of other rights or of the same right at another time. You waive diligence, demand, presentment, protest, and notice of every kind, except as set forth in this Agreement.

 

x.       Termination or Suspension of Service. We may suspend or terminate your access to or use of any or all of our services at any time without cause or notice in our sole discretion, except as otherwise required by applicable law. We may immediately suspend your use of our services for security or fraud purposes, or as otherwise permitted by this Agreement, or if you breach this Agreement or any other agreement with us or we have reason to believe there has been or may be an unauthorized use of your Account.


FOR NON-CALIFORNIA ACCOUNTHOLDERS, the following provisions will apply:

 

ARBITRATION NOTICE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION. PLEASE READ THIS PROVISION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

a.                   Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By opening your Account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

 

b.                   Arbitration of Claims. Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; common law; or equity and whether pre-existing, present, or future), including initial claims, counterclaims, cross-claims, and third-party claims, arising from or relating to (i) your Card or Account; (ii) any service relating to your Card or Account; (iii) the marketing of your Card or Account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the prohibition on class or other non-individual claims, which will be for a court to decide); and (v) any other agreement or instrument relating to your Card or Account or any related service (“Claim”) will be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043.

 

c.                   Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or CarCard and its affiliates, or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to arbitration as described herein.

 

d.                   Exceptions. Either you or the Bank can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or the Bank may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence. This arbitration provision also does


not limit or constrain the Bank’s right to interplead funds in the event of claims to Account

funds by several parties. .

 

e.                   Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be arbitrated on a class basis, in a representative capacity on behalf of the general public or on behalf of any other person, unless waived by the Bank. However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, and affiliates are considered as one person. Nothing within the Agreement prohibits the application of the “Related Cases and Mass Arbitrations” procedures outlined below.

 

f.                    Arbitration Fees. If you initiate arbitration, payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but the Bank will reimburse you for this filing fee at the conclusion of the arbitration, but only to the extent it exceeds the fee for filing a complaint in a federal or state court nearest your residence with jurisdiction over the Claims. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) and/or AAA Consumer Arbitration Rule 44(c)), then the payment of all fees will be governed by the AAA Rules and the Bank will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any intake, administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or the Bank. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit.

 

g.                   Notice of Claim. If you elect to seek arbitration, you must first send to the Bank a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to the Bank should be sent in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing address and email address you would like the Bank to use to contact you. If the Bank elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by the Bank, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Claim must only pertain to your Claims, and a single Notice of Claim may not pertain to any similar Claims of any other person.

 

You and the Bank agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and the Bank therefore agree that, after a Notice of Claim is sent but before either you or the Bank commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if the Bank is represented by counsel, its counsel may participate in the conference as well, but the Bank agrees to have a company representative fully participate in


the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph. If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or the Bank may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and the Bank are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with the Bank during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Bank agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the AAA will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration.

 

h.                   Related Cases and Mass Arbitrations. . .If your Notice of Claim involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if the Bank asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties, within a period of 60 days or otherwise close in proximity, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Arbitration.” The following procedures will apply to a Mass Arbitration:

 

i.                    Acknowledgment of Related Cases procedure. If you or the Bank, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we agree that the demand for arbitration shall be subject to the additional protocols set forth in this Sub-Section (h). If the parties disagree as to whether a series of filings fits within the definition of Mass Arbitration above, the arbitration provider shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section (h).

 

ii.                  Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be in abeyance, and neither You nor the Bank will be required to pay any such filing fees. You and the Bank also agree that neither you nor we shall be deemed to be in breach of Section

(h) for failure to pay any such filing fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing fees. If, pursuant to this subsection, a party files non-


Bellwether Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

iii.                Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Claims may then be administered by the arbitration provider pursuant to this Agreement’s Batch Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation process.

iv.                 Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Bank agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Claims, the arbitration provider will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award.

v.                   Enforcement of Subsection. A Court of competent jurisdiction shall have the power to enforce Section (h), including by injunctive, declaratory, or other relief.

 

vi.                 Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years’ experience or who is a former or retired judge and will be selected by the parties from the AAA's National Roster of arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates for any reason or for no reason at all, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.


The arbitration will follow the AAA’s rules and procedures in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA’s rules and procedures and this arbitration provision, in which case this arbitration provision will govern. Any in-person arbitration hearing for a Claim will take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator will apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (the “FAA”), and will honor all claims of privilege and confidentiality recognized at law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any appropriate court may enter judgment upon the arbitrator’s award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA.

 

 

FOR CALIFORNIA ACCOUNTHOLDERS ONLY, the following provisions will apply:

 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY, AS IT AFFECTS YOUR AND OUR LEGAL RIGHTS. YOU HAVE THE RIGHT TO OPT OUT AS EXPLAINED IN SUB-SECTION

(l) BELOW.

 

i.                    Acknowledgment of Arbitration. Your Account is being made available and priced by the Bank on the basis of your acceptance of the following arbitration provision. By opening your account, you acknowledge that you are giving up the right to litigate Claims (as defined below) if either party elects arbitration of the Claims pursuant to this provision, except as otherwise expressly provided herein, and you hereby knowingly and voluntarily waive the right to trial before a judge or jury of all Claims subject to this Agreement. You further acknowledge that you have read this arbitration provision carefully, agree to its terms, and are entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

 

j.                    Arbitration of Claims. Except as expressly provided herein, any claim, dispute, or controversy (whether based upon contract; tort, intentional or otherwise; constitution; statute; ordinance; common law; or equity and whether pre-existing, present, or future), including initial claims, counterclaims, cross-claims, and third-party claims, arising from or relating to

(i) your Card or account; (ii) any service relating to your Card or account; (iii) the marketing of your Card or account; (iv) this Agreement, including the validity, enforceability, interpretation, scope, or application of this Agreement and this arbitration provision (except for the Class Action Waiver in Sub-Section below, which will be for a court not an arbitrator to decide); (v) data breach or privacy claims arising from or relating directly or indirectly to the disclosure by us of any non-public information about you; (vi) claims concerning the method(s) we use to communicate with you by telephone or other electronic devices; (vii) any other agreement or instrument relating to your Card or account or any


related service; and (viii) the relationship(s) between you and the Bank resulting from any of the foregoing (“Claim”) will be decided, upon the election of you or the Bank (or Green Dot Corporation or the Bank’s agents, servicers, employees, successors, representatives, affiliated companies, or assigns), by binding arbitration. Arbitration replaces the right to litigate a claim in court or to have a jury trial. The American Arbitration Association (“AAA”) will serve as the arbitration administrator. You may obtain copies of the current rules, forms, and instructions for initiating an arbitration with the AAA by contacting the AAA as follows: online at https://www.adr.org or by writing to the AAA at: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. The arbitration will be governed by the AAA’s Consumer Arbitration Rules and, to the extent applicable, the Mass Arbitration Supplementary Rules (“AAA Rules”) in effect at the time the demand is filed, as modified by this arbitration provision. If the AAA is unable or unwilling to serve as the arbitration administrator and the parties are unable to agree on a substitute, a court with jurisdiction will select the arbitration administrator or arbitrator.

 

k.                   Other Claims Subject to Arbitration. In addition to Claims brought by either you or the Bank, Claims made by or against Green Dot Corporation or CarCard and its affiliates, or by or against anyone connected with you or the Bank or claiming through you or the Bank (including a second cardholder, employee, agent, servicer, representative, affiliated company, predecessor or successor, heir, assignee, or trustee in bankruptcy) will be subject to arbitration as described herein.

 

l.                    Exceptions. Notwithstanding the foregoing, either you or the Bank can seek to have a Claim resolved in small claims court (or an equivalent court) if all the requirements of the small claims court are satisfied. Either you or the Bank may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence. However, if a Claim is transferred, removed or appealed from small claims court to a different court, such Claim shall be subject to arbitration pursuant to this arbitration provision. This arbitration provision also does not limit or constrain the Bank’s right to interplead funds in the event of claims to account funds by several parties. Furthermore, this arbitration provision does not apply to litigation filed in state or federal court that is pending as of the date this arbitration provision took effect as long as such litigation is pending.

 

m.                 Class Action Waiver. Claims subject to this arbitration provision may not be arbitrated on a class action basis. No party subject to this arbitration provision shall have any right to participate as a member of any class of claimants in any court of law pertaining to any Claims subject to arbitration. Moreover, Claims may not be joined or consolidated in arbitration with any Claim of any other person unless otherwise agreed to by the parties or the AAA so orders. (However, co-applicants, second cardholders, and authorized users of a single Card and/or related cards are considered as one person, and the Bank, its officers, directors, employees, agents, servicers, and affiliates are considered as one person). Nothing within the Agreement prohibits the application of the “Related Cases and Mass Arbitrations” procedures outlined below.

 

n.                   Arbitration Fees. If you initiate arbitration, payment of all filing, administrative and


arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee; however, the Bank will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court nearest your residence with jurisdiction over the Claims. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b) and/or AAA Consumer Arbitration Rule 46(c)), then the payment of all fees will be governed by the AAA Rules and the Bank will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any intake, administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or the Bank. If the Bank initiates or elects arbitration, the Bank will pay the entire amount of the arbitration fees, including any required deposit. The parties shall bear the fees and expenses of their own attorneys, experts and witnesses unless otherwise required by applicable law, this Agreement or the AAA Rules.

 

o.                   Notice of Claim. If you elect to seek arbitration, you must first send to the Bank a written Notice of your Claim ("Notice of Claim"). The Notice of Claim to the Bank should be sent in care of our registered agent Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. The Notice of Claim should include both the mailing address and email address you would like the Bank to use to contact you. If the Bank elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by the Bank, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific amount of damages or other relief sought. A Notice of Claim must only pertain to your Claims, and a single Notice of Claim may not pertain to any similar Claims of any other person.

 

You and the Bank agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and the Bank therefore agree that, after a Notice of Claim is sent but before either you or the Bank commence arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if the Bank is represented by counsel, its counsel may participate in the conference as well, but the Bank agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

 

If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or the Bank may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a claim in small claims court unless you and the Bank are unable to resolve the claim within 60 days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with the


Bank during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and Bank agree that either party may elect instead to have the Claim resolved in small claims court and seek to have the AAA administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration.

 

p.                   Related Cases and Mass Arbitrations. If your Notice of Claim involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if the Bank asserts 25 or more similar demands for arbitration or counterclaims against similarly-situated parties (“Related Cases”), the AAA may determine that its Mass Arbitration Supplementary Rules will apply. In that event, the AAA Rules encourage the parties “to agree to processes for the efficient resolution of those cases.” To that end, you and we agree to ask the AAA to consider implementing the following procedures, while recognizing that modifications may be necessary to ensure expeditious, cost-effective and efficient resolution of the claims:

 

i.        Acknowledgment of Related Cases Procedure. If you or the Bank, or your or our counsel, files a demand for arbitration that has Related Cases, then you and we acknowledge that the AAA may determine that its Mass Arbitration Supplementary Rules will apply. If the parties disagree as to whether the Mass Arbitration Supplementary Rules apply, the AAA shall resolve the disagreement. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the Mass Arbitration proceedings.

ii.      Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Test Cases,” to proceed to arbitration. Only the Initial Test Cases shall be filed with the arbitrator. All other claims shall be held in abeyance. This means that the filing and other administrative fees will be paid only for the Initial Test Cases; for all other demands for arbitration, the filing and other administrative fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither you nor the Bank will be required to pay any such filing or other administrative fees. You and the Bank also agree that neither you nor we shall be deemed to be in breach of this Sub-Section (h) for failure to pay any such filing or other administrative fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such filing or other administrative fees. If a party files non-Bellwether Arbitrations with the AAA, the parties agree that the AAA shall hold those demands in abeyance and not refer them to the arbitrator pending resolution of the Initial Test Cases. Unless the claims are resolved in advance or the schedule


is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference.

 

iii.    Global Mediation. Following the resolution of the Initial Test Cases, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any filing or other administrative costs associated with the non-Initial Test Cases until the Initial Test Cases and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Test Cases, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Global Mediation, the unresolved Claims may then be administered by the AAA pursuant to this Agreement’s Batch Arbitration provision below and the AAA’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations shall be tolled pending resolution of the Bellwether Arbitration and Global Mediation processes.

 

iv.     Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Bank agree that in the event the Bellwether Arbitration and Global Mediation processes described above do not resolve the Claims, the AAA will (1) administer the remaining arbitration demands in batches of 50 demands per batch; (2) appoint one arbitrator for each batch pursuant to a process agreed to by the parties; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). The final award will provide for individual merit decisions for each separate claimant within the single batch arbitration award.

 

v.       Enforcement of Subsection. A court of competent jurisdiction shall have the power to enforce this Sub-Section (v), including by injunctive, declaratory, or other relief.

 

vi.     Procedure. A single arbitrator will resolve the Claims. The arbitrator will be a lawyer with at least ten years of experience practicing law or who is a former or retired judge. The arbitration shall follow the rules and procedures of the AAA in effect on the date the arbitration is filed, except when there is a conflict or inconsistency between the AAA Rules and this arbitration provision or other terms of this Agreement, in which case this arbitration provision shall govern. Any in-person arbitration hearing for a Claim shall take place within the federal judicial district in which you live or at such other reasonably convenient location as agreed by the parties. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”) and shall honor all claims of privilege and confidentiality recognized at law. All


statutes of limitations that would otherwise be applicable shall apply to any arbitration proceeding. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Any appropriate court with jurisdiction may enter judgment upon the arbitrator’s award. No arbitration award involving the parties will have any preclusive effect as to issues or claims in any Claim involving anyone who is not a party to the arbitration, nor will an arbitration award in prior Claims involving other parties have preclusive effect in an arbitration between the parties to this arbitration provision. This arbitration provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA. This arbitration provision shall survive (i) the termination or suspension of your account or this Agreement or of any subsequent agreement between us; (ii) changes to your account or related services; (iii) the bankruptcy of any party; (iv) other legal proceedings; (v) transfer or assignment of your account or any related services; and (vi) any use of the right to setoff or other self-help remedies.

 

q.                   Appeals. You and we have a limited right to appeal the arbitrator’s award as permitted under the FAA. In addition, if the amount of the Claim exceeds $50,000 or involves a request for injunctive or declaratory relief that could foreseeably involve a cost or benefit to either party exceeding $50,000, any party can, within 30 days after the entry of the award by the arbitrator, appeal the award to a three-arbitrator panel administered by the AAA. The panel shall reconsider any aspect of the initial award requested by the appealing party. The decision of the panel shall be by majority vote. Reference in this Agreement to “the arbitrator” shall mean the panel if an appeal of the arbitrator’s decision has been taken. The costs of such an appeal will be borne in accordance with Sub-Section (f) above titled “Arbitration Fees” and AAA Consumer Arbitration Rule 58.

 

r.                    Severance. If any part of this arbitration provision is found to be invalid or unenforceable, then that specific part shall be severed, and the rest of this arbitration provision will continue in full force and effect, except that the entire arbitration provision (other than this sentence) shall be null and void with respect to any Claim asserted on a class action basis if the Class Action Waiver is held to be invalid with respect to such Claim and that determination becomes final after all appeals have been exhausted.

 

s.                    Right to Opt Out of Arbitration Provision. If you do not want this arbitration provision to apply, you may reject it by mailing us a written rejection notice which gives your full name, address and account number as listed on your account and contains a statement that you (both or all of you, if more than one) reject the arbitration provision in your Agreement. The rejection notice must be signed by you and sent by U.S. Mail to Green Dot Bank, Attention: Arbitration Opt Out, P.O. Box 1070, West Chester, OH 45071 within 30 days of the later of

(a) the date you opened your account or (b) the date we sent you notice of this arbitration provision. Rejection of this arbitration provision will not affect your other rights or responsibilities under this Agreement and will not adversely affect your account. Rejecting


this arbitration provision will not reject any previous arbitration provision to which you are a party, which will remain in full force and effect according to its terms. Your rejection of this arbitration provision shall not be imputed to any other person or entity or be deemed to be a rejection of this arbitration provision by any person or entity other than you. Nor shall your rejection of this arbitration provision eliminate the obligation of other persons or entities who wish to reject this arbitration provision to personally comply with the notice and time requirements of this opt out provision.


Appendix A

 

Online and Mobile Banking Agreement

 

 

1.                Introduction. This Online and Mobile Banking Agreement (this “Agreement”) sets forth the terms and conditions that apply to your access and use of the CarCard bank account online and mobile banking services (“Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us,” and “Bank” refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Service will be deemed further evidence of your agreement to these terms. The Service is made available to you via the website, located at https://app.carcard.com (“Website”), and the CarCard mobile application (“Mobile App”). Certain features and functionality of the Service may be made available only via the Website or only via the Mobile App. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE VIA THE WEBSITE OR MOBILE APP. DO NOT USE THE SERVICE VIA THE WEBSITE OR MOBILE APP IF YOU DO NOT

AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules, and regulations governing your use of the Website or the Mobile App. This Agreement may be amended by posting a new version to the Website and the Mobile App, which version will be effective upon posting

 

2.               Our Service. The Service may allow you to access a variety of features through the Website or Mobile App from time to time, subject to your eligibility to use such features.

 

3.               Your Equipment. To use the Service, you must have the browser and equipment described in the Electronic Communications Agreement. You are responsible for the selection, installation, maintenance, and operation of your computer, mobile devices, and software. We are not responsible for any errors, failures, or malfunctions of your computer, mobile devices, or software or for any computer virus or related problems that may occur with your use of the Service. You are responsible for ensuring that your computer, mobile devices, and software are compatible with the Website, Mobile App, and other system requirements. We reserve the right to change our system requirements from time to time. We reserve the right to support only certain types of mobile devices and mobile operating systems.

 

4.               Website Terms of Use and Mobile App End User License Agreement. The Website and the Mobile App are also subject to CarCard’s terms of use, which can be found at https://app.carcard.com (the “Mobile App Agreement”). Either Bank or CarCard has the right to terminate or suspend your access to or use of your Account through the Mobile App, with or without notice, in the event that you violate the Mobile App Agreement. In case of any discrepancy between this Agreement and the Mobile App Agreement, the terms of this Agreement will prevail.


5.               Proprietary Rights; Use of Content.

 

The Website and the Mobile App are owned and operated by CarCard and unless otherwise indicated, all designs, text, images, videos, graphics, software, trademarks, copyrights, patents and other content and materials appearing on the Mobile App (collectively, “CarCard Content”) are the property of CarCard. All CarCard Content is protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin of CarCard (collectively, "CarCard Marks") appearing on or in the Mobile App are the property of CarCard. You may not make any use of any CarCard Content or CarCard Marks without the prior written consent of CarCard. No CarCard Content or CarCard Marks may be copied, reproduced, republished, uploaded, posted, transmitted, used or distributed in any way, except as licensed by CarCard.

 

Any banking services and Bank content offered by or through the Mobile App (collectively, the “Banking Services”) are the property of Bank, or its affiliates, licensors and/or third party service providers (collectively, the “Green Dot Parties”) and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Green Dot Marks") appearing on or in the Mobile App or accompanying Bank content (“Green Dot Content”) are the property of Bank or the Green Dot Parties. You may not make any use of any Green Dot Content or Green Dot Marks without the prior written consent of Bank. No Green Dot Content or Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except as licensed by Bank.

 

6.               Your Conduct. In using or accessing the Service, you agree: (i) not to use the Service for fraudulent purposes; (ii) not to “spam” others or “phish” for others’ personal information; (iii) not to create or use a false identity; (iv) not to disrupt or interfere with the security of, deeplink,” attempt to obtain unauthorized access to or otherwise abuse, the Service or affiliated or linked websites; (v) not to disrupt or interfere with any other user’s enjoyment of the Service; (vi) not to use, frame, or utilize framing techniques to enclose any Marks or other proprietary information (including Content); (vii) not to use meta tags or any other “hidden text” utilizing a Mark; and (viii) not to use the Service in a manner that is defamatory, inaccurate, profane, threatening, invasive of a person’s privacy, violates any third-party proprietary rights, or is in violation of any applicable law.

 

7.               Third-Party Websites and Services. The Website and Mobile App may contain links to third-party websites and services, over which the Bank has no control. You acknowledge and agree that the Bank does not endorse, verify, or make any representations regarding these third-party websites and services and is not responsible for the availability of, and any liability arising from, any such third-party websites and services. The Bank is not liable to you or any other party for any loss or damage which may be incurred by you as a result of these third-party websites and services.

 

8.               Termination; Modification. Subject to applicable law, the Bank reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to


block or prevent future access to and use of the Service for any reason. Subject to applicable law, the Bank may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that the Bank will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

 

9.                Disclaimer. THE BANK MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SERVICE, THE WEBSITE, THE MOBILE APP, OR ANY CONTENT OR ONLINE OR MOBILE SERVICES PROVIDED THEREIN (“BANK MATERIALS”), ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE BANK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO THE BANK MATERIALS, AND ANY THIRD-PARTY WEBSITE OR SERVICE. THE BANK DOES NOT WARRANT THAT THE BANK MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE BANK MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT TRANSMISSIONS OR DATA WILL BE SECURE, OR THAT THE BANK MATERIALS, OR THE SERVER(S) THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE BANK DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE BANK MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

The Bank will not be responsible for any delay, failure in performance, or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, terrorism, wars, strikes or other labor disputes, pandemics, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Bank’s reasonable control.

 

10.            Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES INCURRED BY YOU OR ANY THIRD PARTY ARISING FROM OR RELATED TO THE USE OF, INABILITY TO USE, OR THE TERMINATION OF THE USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR CLAIM (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY THEREOF, EXCEPT AS OTHERWISE REQUIRED BY LAW.

 

11.            Hours of Operation. You can access automated account information through the Service seven days a week, 24 hours a day. There may be times, however, when all or part of the Service is unavailable due to system outages or maintenance. We assume no responsibility for any damage or delay that may result from such unavailability.


12.            Privacy. Please see our Privacy Policy and Technology Privacy Statement for information about how we collect, use, and disclose your information.

 

13.            Discrepancies. We assume no responsibility for the accuracy or timeliness of information provided by, or retrieved from, other institutions or other parties to your transactions. You agree to provide us with prior written notice of any changes in your designated accounts with payees and other institutions that would affect our right or ability to process Service transfers or payments.

 

If a transfer or payment instruction identifies a payee or a bank by name and account or other identifying number, we and other financial institutions may process the transaction solely on the basis of the number, even if it identifies a different person or entity from what is indicated in the instruction. We have no obligation to identify and investigate discrepancies between names and numbers.

 

14.            Limitation on Time to Sue. Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty, or right arising under this Agreement or by law with respect to the Service must be commenced no later than one year after the day the cause of action accrues.

 

15.            Termination. We may terminate or suspend your access to all or part of the Service at any time, with or without cause. Any indemnification required by this Agreement will survive its termination.


Appendix B Mobile Deposit Agreement

 

1.       Introduction. This Mobile Deposit Agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of the Green Dot bank account mobile deposit service (“Mobile Deposit Service”) provided by Green Dot Bank, Member FDIC. In this Agreement, “you” refers to each owner and authorized signer on the accounts that may be accessed through the Service. The terms “we,” “us” and “Green Dot” refer to Green Dot Bank, Member FDIC. This Agreement incorporates, supplements, and supersedes where inconsistent, the terms of your Deposit Account Agreement with us. Your use of the Mobile Deposit Service will be deemed further evidence of your agreement to these terms. The Mobile Deposit Service is made available to you via the Mobile App and as such, the Mobile Deposit Service and your use of it are subject to the Online and Mobile Banking Agreement. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE

ACCESSING OR USING THE MOBILE DEPOSIT SERVICE VIA THE MOBILE APP. DO NOT USE THE MOBILE DEPOSIT SERVICE VIA THE MOBILE APP IF YOU DO NOT

AGREE TO THE TERMS OF THIS AGREEMENT. By accessing or using the Mobile Deposit Service, you represent that you have read and agree to be bound by this Agreement in its entirety and all applicable laws, rules and regulations governing your use of the Mobile App. This Agreement may be amended by posting a new version to the Mobile App or Website, which version will be effective upon posting.

2.       Our Service. If we, in our sole discretion, make the Mobile Deposit Service available to you, you can use the Mobile Deposit Service to capture images of Eligible Checks (as defined below) and then transmit those images and other data to us electronically for deposit to your primary account. The check image and associated information transmitted electronically to us are called collectively the “Check Image.” We may process and collect the Check Images you send us in any manner we choose in our sole discretion. The paper instrument to which the Check Image relates is called the “Original Check.”

3.       Eligibility and Enrollment. There are qualification and enrollment requirements for participation in the Mobile Deposit Service, and we reserve the right to change the qualification and enrollment requirements at any time without prior notice. We may also require you to upload a picture of your driver’s license or other identifying documents prior to using the Mobile Deposit Service.

 

4.       Security Procedures. Our security procedure is designed to verify your identity. It is not designed to detect errors by you. We may elect, at our discretion, to verify the authenticity or content of any transmission by contacting you. We may deny access to the Mobile Deposit Service without prior notice if we are unable to confirm to our satisfaction any person’s authority to access the Mobile Deposit Service or if we believe such action is necessary for security reasons. You agree to be

responsible for any transmission or transaction we receive through the Mobile Deposit Service, even if it is not authorized by you, provided it includes your Password (as defined in Appendix A) or is otherwise processed by us in accordance with our security procedures. Each time you transmit a Check Image to us, you agree that our security procedures are commercially reasonable (based on the normal size, type, and frequency of your transactions).

5.       Using the Mobile Deposit Service. You agree to: (i) implement any changes or upgrades to the Mobile Deposit Service that we may require; (ii) follow our Mobile Deposit Service instructions for capturing and transmitting Check Images to us; (iii) view each Check Image as it is scanned to ensure that the images (front and back) are being captured properly; and (iv) if requested, provide us with the Original Checks that are not destroyed and still within your possession (or sufficient copies of the Original Checks) within five business days of our request. A “sufficient copy” of an Original Check is a paper reproduction of an Original Check that accurately represents all of the information


on the front and back of the Original Check as of the time the image was transmitted to us by means of the Mobile Deposit Service. You agree not to transfer, deposit, negotiate, or otherwise use any Original Check (or a copy of any Original Check) once you agree to deposit it through the Mobile Deposit Service. Once you transmit an Original Check to us, you agree to safeguard the Original Check from access by others. By transmitting a Check Image to us through the Mobile App, you authorize us to contact you, including via email and the mobile telephone number that we have on file for your account, regarding any processing issue or collection effort with respect to such Check Image. If warranted, in our reasonable judgment, we reserve the right to monitor your use of the Mobile Deposit Service, and you agree to cooperate with us to permit such monitoring, to confirm that you have satisfied your obligations under this Agreement.

6.       Endorsements and Procedures. You agree to: (i) ensure that all Eligible Checks transmitted through the Mobile Deposit Service are made payable to you; (ii) endorse the back of all Eligible Checks that you transmit to us through the Mobile Deposit Service with your signature and the words “For Mobile Deposit Only”; (iii) securely store the Original Check until you receive confirmation that your check funds have been posted to your primary account; and (iv) securely and thoroughly destroy the Original Check after you receive confirmation that your check funds have been posted to your primary account. You agree to follow all other instructions provided by us for capturing and transmitting Check Images via the Mobile Deposit Service. Check Images we receive that are not endorsed in accordance with this section may be rejected.

 

7.       Limits. We may establish limits on the dollar amount(s) and/or the number of checks you may deposit through the Mobile Deposit Service. We will make these limits available to you at the time you conduct your transaction. These limitations are available in our Mobile App. If you attempt to make a deposit in excess of these limits, we may, at our sole discretion, reject your deposit. If we permit you to make a deposit in excess of these limits, such deposit will still be subject to this Agreement, and we will not be obligated to allow such a deposit at other times. We may modify these limits from time to time.

8.       Eligible Checks. You agree that you will use the Mobile Deposit Service to make deposits to your primary account by transmitting to us only Check Images of checks drawn on U.S. financial institutions in U.S. dollars that are any of the following (collectively, “Eligible Checks”):

        payroll checks;

        insurance agency checks;

        cashier’s checks;

        money orders;

        rebate checks;

        stock dividend checks;

        checks issued by a business to you;

        tax refund checks;

        federal, state and municipal government checks; and

        personal checks.

Eligible Checks must also meet the following criteria:

 

        the valid MICR number, check number, and name of the payer are all commercially imprinted on the Original Check;

        your signature (endorsement) is legibly written in ink on the Original Check along with

the words “For Mobile Deposit Only”;

        the payer’s U.S. street address and zip code are written on the Original Check;

        the check is submitted within 90 days of the check date;

        the image quality must meet the standards established by the American National


Standards Institute, the Board of Governors of the Federal Reserve System, and any other regulatory agency, clearing house, or association; and

        the check does not contain erasures and was not altered.

9.       Certain Checks Not Permitted. You may only use the Mobile Deposit Service to scan and transmit Eligible Checks made payable solely to you and which are properly endorsed by you. You agree that we are not obligated to accept for deposit any Check Image we receive and that we, in our discretion, determine to be ineligible for deposit using the Mobile Deposit Service. Checks that are ineligible for deposit using the Mobile Deposit Service include:

 

        Checks payable to others (even if endorsed over to you) and checks payable to more than one person (even if you are one of the payees);

        Demand drafts or remotely created checks (i.e., checks lacking the signature of the person authorizing the check);

        Substitute checks as defined by federal law (i.e., paper reproduction of an original check);

        Checks that are irregular in any way (for example, where the numerical and written amounts are different);

        Checks that have previously been cashed or deposited (either in paper form or electronically) or submitted for collection and returned unpaid for any reason;

        Checks that are not dated, are postdated, or are more than 90 days old;

        Checks payable in a foreign currency;

        Checks payable to “Cash” or checks issued by you which are payable to you;

        Registered government warrants;

        Checks you know or suspect may be fraudulent, forged, altered, or not properly authorized;

        Checks that do not bear the original signature of the person on whose account the check is drawn; or

        Checks that exceed the deposit limits that we establish for the Mobile Deposit Service.

The fact that we accept any of the items described above will not obligate us to continue that practice, and we may stop doing so without cause or prior notice. Our failure to identify a Check Image you transmit as not being an Eligible Check will not preclude or limit your obligations to us under this Agreement. We may refuse any check for deposit through the Mobile Deposit Service, with or without cause, or may elect to take a check on a collection basis only. If we accept a check on a collection basis, we will send it to the institution upon which it is drawn, but will not credit your primary account for the amount until we receive the funds from the other institution. If we elect to credit your primary account before then, we will charge the amount back against your primary account if we do not receive payment for any reason. We may, at our sole discretion, represent any check that has been returned to us for insufficient funds without notice to you.

 

10.   Your Representations and Warranties. You represent and warrant the following with respect to each Check Image that you transmit through the Mobile Deposit Service:

a.       You have the legal right to accept the Original Check for deposit and negotiation to your primary account, and the Check Image is of an Eligible Check.

b.       The Check Image that you transmit accurately represents all of the information on the front and back of the Original Check, including (without limitation) all endorsements, at the time of transmission.

c.       You have not taken any action that would obscure, alter, or impair the capture or transmission of information on the front or back of the Original Check or that otherwise may prevent us or another bank from capturing or processing such information.

d.       You make all warranties that would otherwise apply to the Original Check if it had been a


paper item deposited with us. For example, you warrant that the Original Check has not been altered and that you have a right to enforce the Original Check.

e.       You make all encoding, transfer, presentment, and other warranties that we or any correspondent bank we use are deemed to provide to others (e.g., as a reconverting bank) under any law, regulation, operating circular, clearinghouse rule, or image exchange network rule or agreement to which we or they are a party.

f.        No Original Check will be presented for deposit or payment more than once. You have not previously cashed, deposited, or transferred the Original Check, any image of the Original Check, or any substitute check for the Original Check.

g.       The Original Check is not otherwise prohibited by this Agreement.

h.       You will only use the Mobile Deposit Service for lawful purposes and in compliance with the online instructions and applicable law.

i.        You will not submit files containing malicious code.

j.        No person will receive a transfer, presentment, or return of, or otherwise be charged for the Check Image, the Original Check, or a paper or electronic representation of the Original Check such that the person will be asked to make a payment based on an item that it has already paid.

k.       You will not modify, change, alter, translate, create derivative works from, reverse engineer, disassemble, or decompile the technology or Mobile Deposit Service, copy or reproduce all or any part of the technology or Mobile Deposit Service, or interfere, or attempt to interfere, with the technology or Mobile Deposit Service. We and our technology partners retain all rights, title, and interests in and to the Mobile Deposit Service and software made available to you.

11.   When You Can Use the Mobile Deposit Service. The Mobile Deposit Service can be utilized 24 hours a day, seven days a week, except when the system is unavailable due to needed maintenance or system outages. We are not responsible for the unavailability of the Mobile Deposit Service or any damages that may result from its unavailability.

 

12.   Confirmations. We will provide you with a confirmation at the end of each transmission, confirming our receipt of your Check Image and related information. This confirmation does not mean that the transmission was error-free or complete. You agree that we will not be deemed to have received your Check Image until we confirm receipt. If you do not receive a confirmation, it may mean that we did not receive your transmission or that there was a problem with some of the information. Notwithstanding any confirmation by us of its receipt, we may reject the Check Image, with or without cause, and charge the amount credited back against any provisional credit to your primary account. When your check funds have been posted to your primary account, you will receive an electronic confirmation. The amount of the deposit will be shown in your account statements.

 

13.   When Your Funds Will Be Deposited. Funds deposited using the Mobile Deposit Service are not subject to the funds availability requirements in Regulation CC issued by the Board of Governors of the Federal Reserve System. Our Business Days are Monday through Friday, but excluding federal holidays. If you send us a Check Image on or after 2:00 p.m. Pacific Time, or on a Saturday, Sunday, or federal holiday, we will not consider your Check Image to be received until the next business day. When you use the Mobile Deposit Service to send us a Check Image, subject to the cut off time described above, those funds generally will be deposited to your primary account by the fifth Business Day after we receive your Check Image. Certain check deposits require manual review, and we may extend the hold period for these deposits. We will notify you if your check deposit requires manual review. We will notify you when the funds will be available. We may elect to extend this hold period, for all or a portion of the deposit, for any reason and will notify you if we do so.


14.   Returned Deposits. All credits to your primary account for checks deposited using the Mobile Deposit Service are provisional. If a check deposited through the Mobile Deposit Service is dishonored, rejected, or otherwise returned unpaid by the drawee bank, or is rejected or returned by a clearing agent or collecting bank, for any reason, including, but not limited to, issues relating to the quality of the image, you agree that we may charge back the amount of the Original Check and send you notification of the return. You will reimburse us for all loss, cost, damage, or expense caused by or relating to the processing of the returned item. We may debit your primary account to obtain payment for any item that has been rejected or returned, for any adjustment related to such item, or for any warranty claim related to such item, whether or not the rejection, return, adjustment, or warranty claim was made timely. If the maker of a check or another third party makes a claim against us or seeks a re-credit with respect to any check processed through the Mobile Deposit Service, we may provisionally freeze or hold aside a like amount in your account pending our investigation and resolution of the claim.

 

15.   Use of Your Geolocation. When you are submitting an image for processing through the Mobile Deposit Service, we reserve the right to, at our discretion, to use your mobile device’s capabilities to obtain your geolocation for fraud prevention services. We may choose to capture either your current location or the last location stored on your mobile device.

 

16.   Fees. Currently, we do not impose any fees for the Mobile Deposit Service. We reserve the right to impose fees for the Mobile Deposit Service in the future, and we will notify you of any such fees, as required by law. Your use of the Mobile Deposit Service after the effective date of any fee changes will constitute your agreement to such fee changes. You are solely responsible for the cost of any telephone service charges, network connection fees, data charges, communication lines, and other charges payable to third parties.

 

17.   Indemnification. You will indemnify, defend, and hold us, our vendors and our licensors, harmless against any and all actions, proceedings, liabilities, losses, costs (including attorneys’ fees), penalties, fines, and claims, including (without limitation) warranty claims, that result from or arise in connection with: (i) our processing of Check Images in accordance with this Agreement; (ii) your actions or omissions, including your breach of any representation or warranty, or failure to comply with this Agreement; (iii) any misuse of the Mobile Deposit Service by you; (iv) your failure to comply with applicable law; (v) actions by third parties, such as the introduction of a virus, that delay, alter, or corrupt the transmission of Check Images or information to us; or (vi) any claim by a recipient of a substitute check (corresponding to a check processed through the Mobile Deposit Service) that the recipient incurred a loss due to: (1) the receipt of a substitute check instead of the Original Check, or (2) multiple payments with respect to the same Original Check, based on any combination of the Original Check, the substitute check, and/or any paper or electronic copy of either. You agree to cooperate with us in any loss recovery efforts we undertake to reduce any loss or liability that arises in connection with the Mobile Deposit Service.

 

18.   Errors. You agree to notify us immediately of any suspected errors regarding items deposited through the Mobile Deposit Service, and in no event later than 60 days after the applicable account statement is sent or otherwise made available to you. Unless you notify us within 60 days, such account statement regarding all deposits made through the Mobile Deposit Service will be deemed correct, and you are prohibited from bringing a claim against us for such alleged error.

19.   Notices. You agree to notify us immediately if you discover: (i) any error or discrepancy between your records and the information we provide to you about your account or transactions; (ii) unauthorized transactions involving your account; (iii) a breach in the confidentiality of your Password or any other credentials you use to access the Mobile Deposit Service; or (iv) other


problems related to the Mobile Deposit Service. We may provide notices to you at the mailing address or email address we have on file for you, electronically via the Mobile Deposit Service, or via SMS text, except as otherwise provided by applicable law. To change your email address or mobile phone number on file, log in to your account or contact us for assistance.

 

20.   Compliance. You agree to use the Mobile Deposit Service for lawful purposes and in compliance with applicable law.

 

21.   Change in Terms. We may add to, delete, or change the terms and conditions for the Mobile Deposit Service at any time, with such notice as may be required by law. We may provide you notice as provided for in this Agreement or by posting such addition, deletion, or change on the Website or within the Mobile App.

 

22.   Termination or Suspension of Mobile Deposit Service. We reserve the right to terminate the Mobile Deposit Service at any time without notice to you. We may suspend or terminate your use of the Mobile Deposit Service at any time, with or without cause in our sole discretion. We may suspend or terminate the Mobile Deposit Service without prior notice to you if: you breach any agreement with us; we believe there has been or may be a breach in the security of the Mobile Deposit Service or unauthorized activity involving your account; or we are uncertain regarding the authorization, completeness, or accuracy of Check Images sent to us. Any termination will not affect obligations arising prior to termination, such as the obligation to process Check Images transmitted to us prior to the termination date or your obligation to indemnify us.

 

Rev. Jun.2026