IMPORTANT - PLEASE READ CAREFULLY
This Cardholder Agreement contains an Arbitration Clause requiring all claims to be resolved by way of binding arbitration.
1. Terms and Conditions/Definitions for the First State Family Prepaid Visa® Card
This Cardholder Agreement ("Agreement") outlines the terms and conditions under which the First State Family Prepaid Visa Card has been issued to you by The Bancorp Bank, Wilmington, Delaware ("The Bancorp Bank" or "Issuer"). The Issuer is an FDIC insured member institution. "Card" means the First State Family Prepaid Visa Card issued to you by The Bancorp Bank. "Card Account" means the records we maintain to account for the value of claims associated with the Card. "You" and "your" mean the person or persons who receive the Card and are authorized to use the Card as provided in this Agreement. "We", "us" and "our" mean the Issuer, our successors, affiliates or assignees. State Agency’ means The Office of the Attorney General of the State of Delaware, Child Support Division. The Visa Prepaid Card Program is operated on behalf of the State Agency by FIS, Global. By accepting and using the Card, you agree to be bound by the terms and conditions contained in this Agreement. You acknowledge and agree that the value available in the Card Account is limited to the funds that have been loaded on your behalf. You agree to sign the back of the Card immediately upon receipt. The expiration date of the Card is identified on the front of your Card. The Card is a prepaid card. The Card is not connected in any way to any other account. The Card is not a credit card. The Card is not for resale. You will not receive any interest on your funds in the Card Account. The Card will remain the property of the Issuer and must be surrendered upon demand. The Card is nontransferable and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. The Card is not designed for business use, and we may close the Card if we determine that it is being used for business purposes. We may refuse to process any transaction that we believe may violate the terms of this Agreement.
Our business days are Monday through Friday, excluding federal holidays, even if we are open. Any references to "days" found in this Agreement are calendar days unless indicated otherwise.
Write down the 16-digit Card number and the customer service phone number provided in this Agreement on a separate piece of paper in case the Card is lost, stolen, or destroyed. Keep the paper in a safe place. Please read this Agreement carefully and keep it for future reference.
2. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW CARD ACCOUNT
To help the government fight the funding of terrorism and money laundering activities, federal law, requires all financial institutions to obtain, verify, and record information that identifies each person who opens a Card Account. What this means for you: When you open a Card Account, we will ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see a copy of your driver’s license or other identifying documents.
3. Activate The Card
You must activate the Card before it can be used. You may activate the Card by calling 1-866-466-8897, or visiting online at www.firststatefamilycard.com. You will need to provide personal information in order to verify your identity.
4. Personal Identification Number
You will receive a Personal Identification Number ("PIN") when you activate the Card. See the activation instructions in the paragraph labeled "Activate Your Card". You should not write or keep the PIN with the Card. Never share the PIN with anyone. When entering the PIN, be sure it cannot be observed by others and do not enter the PIN into any terminal that appears to be modified or suspicious.If you believe that anyone has gained unauthorized access to the PIN, you should advise us immediately following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."
5. Authorized Card Users
You are responsible for all authorized transactions initiated and fees incurred by use of the Card. If you permit another person to have access to the Card or Card number, we will treat this as if you have authorized such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of each Card according to the terms and conditions of this Agreement.
6. Secondary Cardholder
You may not request an additional Card for another person.
7. Your Representations and Warranties
By activating the Card or by retaining, using or authorizing the use of the Card, you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older); (ii) you are a U.S. citizen or legal alien residing in the fifty (50) states of the United States ("U.S.") or the District of Columbia; (iii) you have provided us with a verifiable U.S. street address (not a P.O. Box); (iv) the personal information that you provide to us in connection with the Card is true, correct and complete; (v) you received a copy of this Agreement and agree to be bound by and to comply with its terms; and (vi) you accept the Card.
8. Cash Access
With the PIN, you may use the Card to obtain cash from any Automated Teller Machine ("ATM") or any Point-of-Sale ("POS") device, as permissible by a merchant that bears the Visa®, Interlink® and NYCE® Acceptance Mark. You may use your Card at an ATM and withdraw funds from a participating bank (Over the Counter Withdrawal-Cash Access Transfer). All ATM transactions are treated as cash withdrawal transactions. Any funds withdrawn from a POS device will be subject to the maximum amount that can be spent on the Card per day.
The maximum value of the Card is restricted to $30,000.00. These are the limits associated with withdrawing cash from the Card:
Frequency and/or Dollar Limits*
Cash Withdrawal (ATM)**
5 times per day, up to $500.00 per transaction and $2,500.00 per day
Cash Back at POS
10 times per day, up to $250.00 per transaction and $500.00 per day
Over the Counter Withdrawal (Cash Access Transfer)
Unlimited times per day, up to $500.00 per transaction and $30,000.00 per day.
* "Per day" is defined as a rolling 24 hours.
** ATM owner-operators and participating banks may impose their own fees or lower limits on cash withdrawals.
9. Loading The Card
The state is responsible for providing to the Issuer the funds to load your Card. Funds will be transferred by the state to us and loaded onto your Card. The Issuer has no obligation to you in the event the state delays in providing, or fails to provide funds for your Card. The state may retain the right to deduct funds stored on the Card to correct a previous error or overpayment to you or for other reasons. You hereby authorize us to accept instructions from the state to add or deduct funds from your Card or, in the case of a deduction, to return those funds to the state without notice to you. If you have a dispute with the state about the amount of benefits to which you are entitled, or the amount that the state loads onto or deducts from the Card, you agree to not involve the Issuer in the dispute and to resolve the dispute solely with the state. You will have access to your funds immediately. Any personal checks, cashier’s checks, and money orders sent to the Issuer using any other method are not an acceptable form of loading. All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer.
10. Preauthorized Transfers
The Card Account cannot be used for preauthorized direct debits from merchants, Internet service or other utility service providers ("Merchants").If presented for payment, preauthorized direct debits will be declined and payment to the Merchant or provider will not be made.The Issuer’s bank routing number and the 12-digit Direct Deposit account number are to be used only for the purpose of initiating direct deposits to the Card Account. You are not authorized to provide the Issuer’s bank routing number and the 12-digit Direct Deposit account number to anyone other than your employer or a payer.
11. Using The Card/Features
The maximum value of the Card is restricted to $30,000.00. These are the maximum amounts that can be spent on the Card per day/month:
Frequency and/or Dollar Limits*
POS PIN Transactions
15 times per day, $3,000 per transaction and $10,000 per day
15 times per day, $3,000 per transaction and $10,000 per day
|* "Per day" is defined as a rolling 24 hours.|
You may use your Card to purchase or lease goods or services everywhere Visa debit cards, Interlink cards or NYCE cards are accepted as long as you do not exceed the available value of the Card Account and other restrictions (see examples described below) do not apply. Some merchants do not allow cardholders to conduct split transactions where you use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender. If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card Account to the Card. You must then arrange to pay the difference using another payment method. Some merchants may require payment for the remaining balance in cash. If you fail to inform the merchant that you would like to complete a split transaction prior to swiping the Card, the Card is likely to be declined.
If you use your Card at an automated fuel dispenser ("pay at the pump"), the transaction may be preauthorized for an amount up to $100.00 or more. If your Card is declined, even though you have sufficient funds available, you should pay for your purchase inside with the cashier. If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the transaction may be preauthorized for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred. A preauthorization will place a "hold" on those available funds until the merchant sends us the final payment amount of your purchase. Once the final payment amount is received, the preauthorized amount on hold will be removed. It may take up to seven (7) days for the hold to be removed. During the hold period, you will not have access to the preauthorized amount.
You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card. If you authorize a transaction and then fail to make the purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days. All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.
If you use the Card number without presenting the Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you had used the Card itself. Card Account restrictions include, but are not limited to: restricted geographic or merchant locations where there is a higher risk of fraud or illegal activity; restrictions to comply with laws or prevent our liability; and other restrictions to prevent fraud and other losses. For security reasons, we may, with or without prior notice, limit the type, amount, or number of transactions you can make on the Card. You may not use the Card for illegal online gambling or any other illegal transaction. We may increase, reduce, cancel, or suspend any of the restrictions or add new ones at any time. The Card cannot be redeemed for cash.
Each time you use your Card, you authorize us to reduce the available value of your Card Account by the amount of the transaction and any applicable fees. You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the available balance of funds on your Card, you shall remain fully liable to us for the amount of the transaction and any fees, if applicable.
12. Non-Visa Debit Transactions
Procedures are in effect that may impact you when you use the Card at certain merchant locations. In the past, transactions have been processed as Visa debit transactions unless you entered a PIN. Now, if you do not enter a PIN, transactions may be processed as either a Visa debit transaction or as a NYCE transaction.
Merchants are responsible for and must provide you with a clear way of choosing to make a Visa debit transaction if they support the option. Please be advised that should you choose to use the NYCE network when making a transaction without a PIN, different terms may apply. Certain protections and rights applicable only to Visa debit transactions as described in this Agreement will not apply to transactions processed on the NYCE network. Please refer to the paragraph labeled "Your Liability for Unauthorized Transfers" for a description of these rights and protections applicable to Visa debit and non-Visa debit transactions.
To initiate a Visa debit transaction at the POS, swipe the Card through a POS terminal, sign the receipt, or provide the Card number for a mail order, telephone, or Internet purchase. To initiate a non-Visa debit transaction at the POS, enter the PIN at the POS terminal or provide the Card number after clearly indicating a preference to route your transaction as a non-Visa debit transaction for certain bill payment, mail order, telephone, or Internet purchases.
13. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with the Card, you agree to accept credits to the Card for such refunds and agree to the refund policy of that merchant. Neither the Issuer or First State Family are responsible for the delivery, quality, safety, legality or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the merchant from whom those goods or services were provided.
14. Card Replacement
If you need to replace the Card for any reason, please contact us at 1-866-466-8897 to request a replacement Card. You will be required to provide personal information which may include the 16-digit Card number, full name, transaction history, copies of accepted identification, etc. A fee may be assessed for expedited delivery. For more information about the delivery options and applicable fees, see the section labeled "Fee Schedule".
Your Card will expire no sooner than the date printed on the front of it. The funds on the Card do not expire. You will not be able to use your Card after the expiration date; however, a replacement Card will automatically be mailed to you prior to the expiration of the soon-to-expire Card. If you need a replacement Card for any reason other than the Card’s expiration, you may request one at any time by following the procedures in the section labeled "Card Replacement".
16. Transactions Made In Foreign Currencies
If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the amount deducted from your funds will be converted by Visa into an amount in the currency of the Card. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate Visa itself receives, or the government-mandated rate in effect for the applicable central processing date. If you obtain funds or make a purchase in a currency other than the currency in which the Card was issued, the Issuer may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services. Transactions made outside of the fifty (50) U.S. states and the District of Columbia are also subject to this conversion fee, even if they are completed in U.S. currency.
You should get a receipt at the time you make a transaction using the Card. You agree to retain, verify, and reconcile your transactions and receipts.
18. Card Account Balance/ Transaction History
You are responsible for keeping track of the available balance of your Card Account. Merchants generally will not be able to determine your available balance. It’s important to know your available balance before making any transaction. You may obtain information about the amount of money you have remaining in your Card Account by calling 1-866-466-8897. This information, along with a twelve (12) month history of Card Account transactions, is also available online at www.FirstStateFamilyCard.com. If your Card is registered with us, you also have a right to obtain at least twenty-four (24) months of written Card Account transactions by calling 1-866-466-8897 or by writing to Cardholder Services, P.O. Box 7235, Sioux Falls, SD 57117-7235.
You will not receive paper statements.
19. Fee Schedule
All fee incurred will be deducted from your Card Account Balance, except where prohibited by law. NOTE: Fees assessed to your Card Account balance may bring your Card Account negative. Any time your Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount. THIS WILL RESULT IN A NEGATIVE BALANCE ON YOUR CARD ACCOUNT. If that occurs, any subsequent deposits or loads into your Card Account will first be applied to the negative balance.
List of all fees for First State Family Prepaid Visa® Card
|Card purchase||$0.00||Monthly usage|
|Inactivity||$2.00||Monthly fee if there is no load or spend activity on the Card Account for twelve (12) consecutive months. The fee is charged for as long as inactivity continues.
The fee descriptor that will be shown on the transaction history is: Inactivity Fee
|POS Transaction Fee||$0.00||There is no fee for point of sale purchase transaction fees.|
This fee is for domestic ATM cash withdrawals.
Two (2) no cost ATM withdrawals each calendar month, then $1.00 per transaction thereafter.
The fee descriptor that will be shown on the transaction history is: Domestic and International ATM Cash WithdrawalYou may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|ATM Withdrawal Decline Fee||$0.40||
$0.40 per declined transaction, even on the first two (2) ATM withdrawals during the month.You may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|Cash Access Transfer Fee||$2.15||Per cash withdrawal via a bank teller.|
|Customer service||$0.00||No fee for calling our automated customer service line, including for balance inquiries.|
|ATM balance inquiry||$0.40||
Per ATM balance Inquiry.
The fee descriptor that will be shown on transaction history statements is: ATM Balance Inquiry FeeYou may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|Using your card outside the U.S.|
|Foreign Exchange Markup Fee||3.00%||3.00% of each transaction amount.|
|ATM withdrawal (Domestic and International)||$1.00||
This fee is for international ATM cash withdrawals.
Two (2) no cost ATM withdrawal each calendar month, then $1.00 per transaction thereafter.
The fee descriptor that will be shown on transaction history statements is: Domestic and International ATM Cash WithdrawalYou may also be charged a fee by the ATM operator, even if you do not complete a transaction.
|CSR Express Delivery Fee||$18.00||Per express delivery request of a replacement card. Up to five (5) business days for delivery.|
Your funds are eligible for FDIC insurance. Your funds will be held at or transferred to The Bancorp Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event The Bancorp Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature.
Contact FIS Cardholder Services Bank by calling 1-866-466-8897, by mail at P.O. Box 5017, Sioux Falls, SD 57117-5017.
For general information about prepaid accounts, visit cfpb.gov/prepaid.
If you have a complaint about a prepaid account, call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.
We may disclose information to third parties about the Card or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of the Card for a third party, such as merchant;
(3) In order to comply with government agency, court order, or other legal or administrative reporting requirements;
(4) If you consent by giving us your written permission;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed; or
(6) Otherwise as necessary to fulfill our obligations under this Agreement.
21. Our Liability for Failure To Complete Transactions
If we do not properly complete a transaction from the Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
(1) If through no fault of ours, you do not have enough funds available on the Card to complete the transaction;
(2) If a merchant refuses to accept the Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to the Card has been blocked after you reported the Card lost or stolen;
(6) If there is a hold or your funds are subject to legal or administrative process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
(9) Any other exception stated in our Agreement with you.
22. Your Liability for Unauthorized Transfers
Contact us at once if you believe the Card has been lost or stolen. Telephoning is the best way to minimize your possible losses. If you believe the Card has been lost or stolen, or that someone has transferred or may transfer money from the Card Account without your permission, call us at 1-866-466-8897. Under Visa Core Rules, your liability for unauthorized Visa debit transactions on the Card Account is $0.00 if you are not negligent or fraudulent in the handling of the Card. This reduced liability does not apply to certain commercial card transactions, transactions not processed by Visa, or to anonymous prepaid cards (until such time as the identity of the cardholder has been registered with us). You must notify us immediately of any unauthorized use. In the event the Visa Zero Liability Rules do not apply, if you notify us within two (2) business days after you learn of any unauthorized transactions, you can lose no more than $50.00 if someone used the Card without your permission. If you do not notify us within two (2) business days after you learn of the loss or theft of the Card, and we can prove that we could have stopped someone from using the Card without your permission if you had promptly notified us, you could lose as much as $500.00.
Also, if you become aware of and/or your transaction history shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”. If you do not notify us within sixty (60) days after you become aware of the transaction and/or after the transaction history was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time. If a good reason (such as a long trip or hospital stay) kept you from telling us, we will extend the time periods. If the Card has been lost or stolen, we will close the Card Account to keep losses down and will send a replacement Card. There is no fee for replacing your card, unless you chose expedited delivery. For information about the expedited delivery fee, see the section labeled "Fee Schedule".
23. Other Miscellaneous Terms
The Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of the Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at any time. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.
24. Amendment and Cancellation
We may amend or change the terms and conditions of this Agreement at any time by posting the amended Agreement on our website at www.FirstStateFamilyCard.com and any such amendment shall be effective upon such posting to that website. The current Agreement is available at www.FirstStateFamilyCard.com. You will be notified of any change in the manner provided by applicable law prior to the effective date of the change. However, if the change is made for security purposes, we can implement such change without prior notice. We may cancel or suspend the Card or this Agreement at any time. You may cancel this Agreement by returning the Card to us. Your cancellation of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.
In the event that the Card Account is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned to you via check to the mailing address we have in our records. For security purposes, you may be required to supply identification and address verification documentation prior to issuing a refund check. Allow forty-five (45) days for processing and mailing of the refund check. In the event the Card program is cancelled, closed or terminated, we will send prior notice, in accordance with applicable law. Specific information and instructions, including how to receive any remaining Card Account balance, will be in the notice. The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.
25. Information About Your Right to Dispute Errors
In case of errors or questions about your Card Account, call 1-866-466-8897 or write to Cardholder Services, P.O. Box 7235, Sioux Falls, SD 57117-7235, if you think an error has occurred on your Card Account if you need more information about a transaction listed on your electronic or written history. We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access the Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by calling us at 1-866-466-8897 or writing to us at Cardholder Services, P.O. Box 7235, Sioux Falls, SD 57117-7235. You will need to tell us:
- Your name and the 16-digit Card Account number
- Why you believe there is an error, and the dollar amount involved
- Approximately when the error took place
We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question. If we decide to do this, we will credit the Card within ten (10) business days for the amount you think is in error, so that you will have the use of the money during the time it takes to complete the investigation. If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit the Card.
For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question. For new accounts, we may take up to twenty (20) business days to credit the Card Account for the amount you think is in error.
We will tell you the results within three (3) business days after completing the investigation. If we decide that there was no error, we will send you a written explanation. Copies of the documents used in the investigation may be obtained by contacting us at the phone number or address listed at the beginning of this section. If you need more information about our error-resolution procedures, call us at 1-866-466-8897 or visit www.FirstStateFamilyCard.com.
26. English Language Controls
Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
27. Customer Service
For customer service or additional information regarding the Card, please contact us at:
First State Family Card
P.O. Box 7235, Sioux Falls, SD 57117-7235
Customer Service agents are available to answer your calls:
24/7; 365 days per year.
28. Telephone Monitoring/Recording
From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.
29. No Warranty Regarding Goods or Services as Applicable
We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with the Card
Any claim, dispute, or controversy ("Claim") arising out of or relating in any way to: i) this Agreement; ii) the Card; iii) the Cards of any additional cardholders designated by you; iv) your acquisition of the Card; v) your use of the Card; vi) the amount of available funds in the Card Accounts; vii) advertisements, promotions or oral or written statements related to the Cards, as well as goods or services purchased with the Card; viii) the benefits and services related to the Card; or ix) transactions on the Card, no matter how described, pleaded or styled, shall be FINALLY and EXCLUSIVELY resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (9 U.S.C. 1-16).
We will pay the initial filing fee to commence arbitration and any arbitration hearing that you attend shall take place in the federal judicial district of your residence.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN DISCOVERY, EXCEPT AS PROVIDED FOR IN THE AAA CODE OF PROCEDURE.
For a copy of the procedures, to file a Claim or for other information about this organization, contact them as follows: AAA, 335 Madison Avenue, New York, NY 10017 or at www.adr.org.
All determinations as to the scope, interpretation, enforceability and validity of this Agreement shall be made final exclusively by the arbitrator, which award shall be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION OR PRIVATE ATTORNEY GENERAL ACTION OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON OR CLASS OF CLAIMANTS SHALL BE ALLOWABLE.
This arbitration provision shall survive: i) the termination of the Agreement; ii) the bankruptcy of any party; iii) any transfer, sale or assignment of the Card, or any amounts owed on the Card, to any other person or entity; or iv) expiration of the Card. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall remain in force.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT ACTIVATE OR USE THE CARD. CALL 1-866-466-8897 TO CANCEL THE CARD, REQUEST AN ALTERNATIVE METHOD OF RECEIVING FUNDS FROM THE STATE AND A REFUND, IF APPLICABLE.
This Cardholder Agreement is effective 04/2019