E-Sign & Consent

 

This ESIGN Disclosure and Consent (“Disclosure”), applies to all Communications the mobile monē card offered through www.mobilemone.com that are not otherwise governed by the terms and conditions of an electronic disclosure and consent.

The words "we," "us," and "our" refer to Eagle Bank and Trust of Missouri issuer of the mobile monē card with whom you have your Account, and the words "you" and "your" mean you, the individual(s) or entity identified on the Account(s). As used in this Disclosure, "Account" means the account you have with us. "Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to the product or service, including but not limited to information that we are required by law to provide to you in writing.

•        Scope of Communications to Be Provided in Electronic Form. When you use a product or service to which this Disclosure applies, you agree that we may provide you with any Communications in electronic format, and that we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below. Your consent to receive electronic communications and transactions includes, but is not limited to:

·          All legal and regulatory disclosures and communications associated with the product or service available through www.mobilemone.com for your Account

·          Notices or disclosures about a change in the terms of your Account or associated payment feature and responses to claims

·          Privacy policies and notices

•        Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (1) via e-mail, (2) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (3) to the extent permissible by law, by access to a web site that we will generally designate in advance for such purpose.

•        How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form by contacting us at 1.800.418.0223 . At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as a withdrawal of your consent to receive electronic Communications. We will not impose any fee to process the withdrawal of your consent to receive electronic Communications. Any withdrawal of your consent to receive electronic Communications will be effective only after we have a reasonable period of time to process your withdrawal.

•        How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to this Disclosure and your Account(s), and to maintain and update promptly any changes in this information. You can update information (such as your e-mail address) through www.mobilemone.com or by contacting us at 1-651-256-6500. 

•        Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have:

·          an Internet browser that supports 128 bit encryption;

·          sufficient electronic storage capacity on your computer's hard drive or other data storage unit;

·          an e-mail account with an Internet service provider and e-mail software in order to participate in our electronic Communications programs;

·          a personal computer (for PC's: Pentium 120 MHz or higher; for Macintosh, Power Mac 9500, Power PC 604 processor 120-MHz Base or higher), operating system and telecommunications connections to the Internet capable of receiving, accessing, displaying, and either printing or storing Communications received from us in electronic form via a plain text-formatted e-mail or by access to our web site using one of the browsers specified above.

•        Requesting Paper Copies. We will not send you a paper copy of any Communication, unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy, provided that such request is made within a reasonable time after we first provided the electronic Communication to you. To request a paper copy, contact us by logging in to www.mobilemone.com and send a paper copy request using your Secure Inbox. We may charge you a reasonable service charge for the delivery of paper copies of any Communication provided to you electronically pursuant to this authorization. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically.

•        Communications in Writing. All Communications in either electronic or paper format from us to you will be considered "in writing." You should print or download for your records a copy of this Disclosure and any other Communication that is important to you.

•        Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act, and that you and we both intend that the Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.

•        Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

•        Consent. By checking "I have read, understand, and agree to the ESIGN Act." you hereby give your affirmative consent to provide electronic Communications to you as described herein. You further agree that your computer satisfies the hardware and software requirements specified above and that you have provided us with a current e-mail address at which we may send electronic Communications to you.

 

The featured words and symbols used to identify the source of goods and services may be the trademarks of their respective owners.

 

 

Registration

 

Welcome to mobile monē!

Please note that you must be at least 18 years of age, and you must be a U.S. citizen or U.S. resident alien to open your account with us online.

This process will take less than 10 minutes. Once you create your password, you progress can be tracked in the navigation bar on the top of your screen.

You will need to refer to several things during this process:

·          U.S. Social Security number

·          A valid form of identification including: Driver's license, State ID, Military ID or Passport

·          Previous home address (if you have lived at your current home address less than two years)

·          Credit or debit card or U.S. checking or savings account to fund your new account(s)

 

For your protection, your application session will automatically time out if there is no activity for 20 minutes. All information will NOT be lost if this occurs. Simply login and you will be guided to the appropriate step

Register your mobile number above and Continue button once you are ready to begin.

 

FDIC Deposit Insurance Coverage.

 

The Federal Deposit Insurance Corporation (FDIC) is an independent agency of the United States government that protects against the loss of insured deposits if an FDIC-insured bank or savings association fails. FDIC deposit insurance is backed by the full faith and credit of the United States government. Since the FDIC was established, no depositor has ever lost a single penny of FDIC-insured funds.

FDIC insurance covers funds in deposit accounts, including checking and savings accounts, money market deposit accounts and certificates of deposit (CDs). FDIC insurance does not, however, cover other financial products and services that insured banks may offer, such as stocks, bonds, mutual fund shares, life insurance policies, annuities or municipal securities.

There is no need for depositors to apply for FDIC insurance or even to request it. Coverage is automatic.

To ensure funds are fully protected, depositors should understand their coverage limits. The FDIC provides separate coverage for deposits held in different account ownership categories. The coverage limits shown in the chart below refer to the total of all deposits that an accountholder has in the same ownership categories at each FDIC-insured bank. The chart shows only the most common ownership categories that apply to individual and family deposits, and assumes that all FDIC requirements are met.

Basic Deposit Insurance Coverage Limits

Single Accounts (owned by one person)	$250,000 per owner
Joint Accounts (two or more persons)	$250,000 per co-owner
Corporation, Partnership and Unincorporated Association Accounts	$250,000 per corporation, partnership or unincorporated association
Employee Benefit Plan Accounts	$250,000 for the non-contingent, ascertainable interest of $250,000 for the non-contingent, ascertainable interest of each participant.
Government Accounts	$250,000 per official custodian

For more detailed information from the FDIC about deposit insurance:

·          visit  www.myfdicinsurance.gov

·          call the FDIC at 877-ASK-FDIC (877-275-3342)

 

call 800-925-4618 (for hearing impaired)

 

USA PATRIOT Act

 

IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW 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 an account.

 

What this means for you: When you open an 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 your driver’s license or other identifying documents.

 

Confidentiality

 

At eMONEco, Inc., our customers' information is important to us, and we are committed to maintaining the confidentiality of the information we receive. This statement governs the information you provide eMONEco, Inc., including our affiliates and subsidiaries (collectively "mobile monē") or that we learn from your use of this Website and service (collectively and respectively the "Website" and "mobile monē"). Our privacy policy below discusses the types of information we collect, how we use it, and under what circumstances, if any, that we might disclose it. By accepting the Privacy Policy and Terms of Service in registration, you expressly consent to eMONEco's use and disclosure of your personal information as described in this Privacy Statement.

 

Information Collection and Use

Via mobile monē, eMONEco collects only the information needed to administer our business and to provide customers with our products and services. We will not give, sell, share or rent this information to others, except as disclosed in this statement.

 

Customer Profile Information

As a customer, you may choose to provide the information requested on an application form that may be electronic or paper. You may be asked to provide personal profile information, which may include information on name, expected transaction volumes, financial data, employer information, social security number, driver's license number, birth date, bank accounts, credit card accounts, addresses, telephone numbers, email addresses, and other personal identification information (collectively "personal information"). This personal information is used to manage, administer and develop our relationship with you and as you request including:

·          Rendering our services to you, performing electronic transactions and otherwise communicating with you;

·          Verifying the accuracy of personal information we receive; and

·          Protecting our rights or interests or the rights or interests of others including you and other mobile monē customers as described elsewhere in this policy.

 

While eMONEco does not generally share personal information with others for their marketing purposes unless or except as described here, we may share aggregate information derived from personal information. The shared aggregated information is not personally identifiable.

 

Transaction Processing

In order to process payment transactions for mobile monē Customers, eMONEco may send the mobile monē Customer's name to the receiver of a payment so that the receiver may properly identify the mobile monē Customer who is sending the payment.

 

Web Site Traffic Information

Because of the way that World Wide Web communication standards work, when you arrive at or leave the mobile monē Website, we automatically receive the Web address of the site that you came from or are going to. We also collect information on which pages of our Website you visit while you are on the mobile monē site, the type of browser you use and the times you access our Website. We use this information only to try to understand our customers' preferences better and to manage the speed and response time of our own website pages (i.e. load on our servers), so as to improve our service and your experience with mobile monē. We do not track the Websites that you visit before or after you leave the mobile monē site.

 

Internet Address Information

We only use IP addresses, browser types and access times to analyze trends, administer the site, improve site performance and gather broad demographic information for aggregate use. Any such data will be stored for a limited period of time (generally no more than 3-years from the date collected).

 

Our Use of "Cookies"

"Cookies" are small files of data that reside on your computer and allow us to recognize you as a mobile monē Customer if you return to the mobile monē site using the same computer and browser. We send a "session cookie" to your computer if and when you log in to your mobile monē account by entering your e-mail address and password. These cookies allow us to recognize if you visit multiple pages during the same session, reducing the need to re-enter your password multiple times. Once you log out or close your browser, these session cookies expire and no longer have any effect.

 

We also use longer-lasting cookies to display some of the information that you may need to complete various forms on the mobile monē website to reduce the need to retype the information each time you log in to your mobile monē account.

 

Customer Service Correspondence

If you send us correspondence, including e-mails and faxes, we may retain such information in the records of your account. We may also retain customer service correspondence and other correspondence from eMONEco to you. We retain these records in order to measure and improve our customer service, and to investigate potential fraud and violations of our User Agreement and to otherwise protect eMONEco’s legal interests and the interests of others. We may, over time, delete these records if permitted by law.

 

 

 

Non-Customer Recipients and Requests

When a Customer sends a payment to, or requests a payment from, an individual who is not a registered member of mobile monē, we will retain the information that the Customer submits to us, including, for example, the other party's phone number or email address and/or name, for the benefit of the Customer who is attempting to contact the non-Customer, so that the Customer can see a complete record of his/her transactions, including incomplete transactions. Although this information is currently stored, we will not market to the non-Customer. However, we will contact the non-Customer to inform them of the transaction or referral. Additionally, these non-Customers have the same rights to access and correct information about themselves (assuming that their email addresses were correct enough to reach them) as anyone else who uses mobile monē.

 

Sharing

eMONEco will not sell or rent your personal information to others for their marketing purposes. eMONEco may validate personal information you provide, or request additional information from or other third parties, to assist us in establishing and authenticating your account, and verifying the accuracy of the information that you provide. Information obtained from third parties and linked with your personal information is safeguarded by confidentiality agreements and to the extent required by law.

 

When we partner with another party to provide specific services, and a customer signs up for those services, we share only the contact information that is necessary for the third party to provide such services. For example, if you apply for a mobile monē branded prepaid card, you authorize eMONEco and the issuer of the mobile monē branded card to exchange information you provide in the application form. If you are approved for a mobile monē branded debit card, your account will be governed by the issuing bank's privacy policy. Third parties are not authorized to use personal information except for the purpose of providing those services. Otherwise, eMONEco will not share or give your personal information to others unless in the rare case that eMONEco believes it is necessary to cooperate with regulators or law enforcement authorities or similar legal request including the protection of our rights or the rights of others. If you object to your personal information being transferred or used as described in this Privacy Statement, please do not register to use the mobile monē Service or use this Website.

 

Links

Some of our Websites may contain links to other sites. eMONEco is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they are leaving our site and to read the privacy statements of each Website that collects personally identifiable information. This privacy statement applies solely to information collected by eMONEco through the mobile monē Website(s).

 

Data Access and Security

All data access is based on a need-to-know basis. The secure protected area of the mobile monē Service may allow our customers, using a unique username and password, to access account information and transaction reporting, and to initiate or process transactions directly from the Website, depending on their entitlements and account setup.

Our employees are regularly notified and/or reminded about the importance we place on privacy, and the steps they should take to protect our customers' information.

 

We make reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. For information on reporting an unauthorized transaction or more detail on how we secure your personal information.

 

If eMONEco learns of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the mobile monē Service, you agree that eMONEco may communicate with you electronically. eMONEco may post a notice on this Website if a security breach occurs. If this happens, you will need a web browser enabling you to view the mobile monē Website. eMONEco may also send you an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach) you should notify us at support@mobilemone.com or support@emoneco.com .

 

Supplementation of Information

In addition to collecting and archiving application and transaction data from customers and consumers, eMONEco also retrieves supplemental data from third parties to facilitate credit and operational decisions and monitoring. These third parties may include check verification services, address verification services and other third party transaction processors. Once the information is retrieved from third parties, it is archived using reasonable security measures. This data may be used to build proprietary databases or to develop statistically based credit, fraud or marketing models.

 

International Use

Please note that your personal information will be stored and processed in the United States and that by using the mobile monē Service you expressly consent to the transfer and processing of your personal information in the United States and elsewhere as eMONEco deems necessary to provide the mobile monē Service. The laws on holding personal information in the United States may be less stringent than the laws of your country but, eMONEco strives to maintain the confidentiality and security of personal information of individuals who may be outside the United States.

 

Merger or Sale of eMONEco

If eMONEco should ever file for bankruptcy or have its assets sold to or merged with another entity, information eMONEco receives through your use of the mobile monē Service is an eMONEco asset and may be transferred except to the extent the law may prohibit such transfers.

 

Notification of Changes

We may occasionally update this Privacy Policy. When we do, we will also revise the "effective date" on the Privacy Policy. For changes to this policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of this Website and the mobile monē Service constitutes your agreement to this Privacy Statement and any updates.

 

Contacting eMONEco

If you have a privacy concern regarding mobile monē or this policy and if you cannot satisfactorily resolve it through the use of this Website you should then write to: support@mobilemone.com or support@emonceo.com . In the event that you are still unable to resolve your concerns, eMONEco is committed to cooperating to achieve a proper resolution of your privacy concerns.

 Rev 06/01/2015

FACTS	WHAT DOES EAGLE BANK AND TRUST COMPANY OF MISSOURI DO WITH YOUR PERSONAL INFORMATION?
Why?	Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.
What?	The types of personal information we collect and share depend on the product or service you have with us. This information can include: •   Social Security number and income •   account balances and payment history •  credit history and credit scores When you are no longer our customer, we continue to share your information as described in this notice.
How?	All financial companies need to share customers ’ personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers ’ personal information; the reasons Eagle Bank and Trust Company of Missouri chooses to share; and whether you can limit this sharing.
Reasons we can share your personal information		Does Eagle Bank share?	Can you limit this sharing?
For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureaus		Yes	No
For our marketing purposes— to offer our products and services to you		Yes	No
For joint marketing with other financial companies		No	We don't share
For our affiliates’ everyday business purposes— information about your transactions and experiences		No	We don't share
For our affiliates’ everyday business purposes— information about your creditworthiness		No	We don't share
For our affiliates to market to you		No	We don't share
For non-affiliates to market to you		No	We don't share
Questions?	Call 636-461-3500 or go to www.eaglebankandtrust.com

 

 

 

Page 2
Who we are
Who is providing this notice?		Eagle Bank and Trust Company of Missouri
What we do
How does Eagle Bank protect my personal information?		To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings. We limit access of information to those employees for whom access is appropriate
How does Eagle Bank collect my personal information?		We collect your personal information, for example, when you •   open an account or apply for a loan •   pay your bills or use your credit or debit card •  show your government-issued ID We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.
Why can’t I limit all sharing?		Federal law gives you the right to limit only •  sharing for affiliates’ everyday business purposes—information about your creditworthiness •   affiliates from using your information to market to you •  sharing for non-affiliates to market to you State laws and individual companies may give you additional rights to limit sharing.
Definitions
Affiliates			Companies related by common ownership or control. They can be financial and nonfinancial companies. •  “Eagle Bank and Trust Company of Missouri does not share information with affiliates”
Non-Affiliates			Companies not related by common ownership or control. They can be financial and nonfinancial companies. •   “Eagle Bank and Trust Company of Missouri does not share information for marketing purposes with non-affiliates
Joint Marketing			A formal agreement between nonaffiliated financial companies that together market financial products or services to you. •  “Eagle Bank and Trust Company of Missouri does not jointly market”
Other important information

 

Cardholder Agreement

 

This Cardholder Agreement, including the Schedule of Fees and Charges attached hereto as Exhibit A and incorporated herein by reference (collectively, referred to as this “Agreement”), sets forth the terms of your MasterCard^® branded plastic prepaid card, and any Companion/Secondary Card, that may be issued to you or to another person that you specify, in either physical or virtual form (each a “Card” ). Please read it carefully and retain it for your records. Your card is issued by Eagle Bank and Trust Company of Missouri (“Bank”) pursuant to a license from MasterCard International Incorporated or its affiliate (“MasterCard”).  This Agreement is between Bank and you.  Bank may contract with agents to administer the Card and conduct customer service, marketing, processing and related services for Bank in connection with the Card, which may include EMONECO, INC. (“Agent”) and/or TRANSCARD, LLC (“TransCard”).  The term “Primary Cardholder” means the first person to whom the Card is issued and for whom the prepaid subaccount associated with the Card is opened. The primary cardholder must be at least 18 years of age. A Card cannot be opened for a third-party, and may only be opened by and issued to primary cardholders opening the Card for themselves (other than, if the primary cardholder requests an additional Card be issued to a person he or she authorizes to have access to the funds associated with the Card). Bank will not mail Cards outside the United States.

 

If you do not agree to these terms, do not use the Card, cancel the Card by calling Agent at 800.418.0223, and destroy the Card at once by cutting it in half. However, upon the earlier to occur of you activating, using or allowing another person to use the Card, you thereby agree to the terms of this Agreement.  You cannot use the enclosed Card until it has been activated (see “Activating the Card” below).  You must sign the panel on the back of the Card before using it.  You should sign this panel on your Card as soon as you receive it to help protect your Card from unauthorized use.  However, your responsibility for transactions with the Card, as described in this Agreement, does not depend on whether or not you sign your Card. 

 

Bank in its sole discretion may refuse to issue the Card or make the Card available to anyone for any reason, to the extent permitted by law.

 

Definitions. In this Agreement, the words “you” and “your” mean the Primary Cardholder and any Authorized User (as defined below). Note: Authorized Users include, without limit, your Registered Users and any other person who you allow to use the Card, all of whom must comply with all the terms of this Agreement. “We,” “us,” and “our” mean Bank, and Bank’s agents, assigns and vendors working on its behalf, including Agent and TransCard.  “Card Account” means the limited purpose, prepaid subaccount at Bank associated with your Card in which the funds loaded to the Card are tracked . “Registered User” means a person the Cardholder registers with us and who the Cardholder authorizes to use the Card. “Business days” are Monday through Friday, excluding federal holidays. Saturday, Sunday, and federal holidays are not considered Business Days, even if we are open.  “MasterCard Acceptance Mark” means the name MasterCard as a customer lettering legend placed with the MasterCard interlocking circles logo.  The “Website” means www.mobilemonestl.com, or any other website named by Bank for purposes of customer services, marketing, processing and related services.  “ Account Number ” means the 16-digit number used to identify your Card Account. “ Card Number ” is the 16-digit number embossed on your Card.  “Privacy Policy” means the privacy policy of Bank as posted to Bank’s website and/or to the Website.

 

Your Card . The Card is subject to all of the terms of this Agreement. The Card is non-transferable and may be used only by the Cardholder or an Authorized User. THE CARD IS NOT A CREDIT CARD. NO INTEREST IS, OR WILL BE, PAID ON THE BALANCE OF THE CARD ACCOUNT OR ANY SUB-ACCOUNT. DEPENDENT UPON THE DEPOSIT METHOD(S) YOU CHOOSE, FEES MAY BE IMPOSED IN CONNECTION WITH DEPOSITS. YOU AGREE TO PAY TO BANK ALL FEES CHARGED IN ACCORDANCE WITH THIS AGREEMENT. Each Card issued in connection with the Card Account or any sub-account is and will remain bank property. However, you will be solely and completely responsible for the possession, use and control of the Card. You must surrender or destroy the Card immediately upon our request. Your Card Account does not constitute a checking or savings account and is not connected in any way to any other account you may have with Bank.  The Card is not a gift card, nor is it intended to be used for gifting purposes.

 

Important Information About Procedures for Opening a New 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 an account (including sub-accounts). When you open an 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 your driver’s license or other identifying documents.

 

Using Your Card. After you receive your Card, you may use it to: (1) purchase goods and services everywhere debit MasterCard Cards are accepted, such as for point of sale (“POS”) purchases, and to access cash at automated teller machines (“ATMs”) of financial institutions displaying the MasterCard Acceptance Mark; (ii) make deposits to your Card (as detailed below under the paragraph titled “ Adding Value to Your Card ”); and (iii) transfer funds between your Card and a Companion/Secondary Card or to a bank account.  Except as otherwise stated herein, you may not transfer the cash balance available on the Card to another bank, debit card, or credit card product.

 

There are limitations on cash withdrawals and daily purchases (See Cash Withdrawal Limitations and Purchase Limitations below).  Each time you use the Card to purchase goods or services, you authorize Bank to charge the amount against your Card’s available value.

 

You agree that you will not use your Card or Card Account for any transaction that is unlawful under any applicable law, including, but not limited to, "restricted transactions" as defined in the Unlawful Internet Gambling Enforcement Act of 2006 and Regulation GG issued thereunder.  

 

You further agree that you will: (i) promptly notify us of any loss or theft of the Card; (ii) promptly notify us of the loss, theft, or unauthorized disclosure of any personal identification number (“PIN”), codes, or numbers used to access the Card Account information or Card funds; and (iii) use the Card only as instructed by us. We may refuse to process any transaction that we believe violates the terms of this Agreement.

 

Secondary or Companion Card. You may request an additional Card for use by another person whom you authorize to have access to the funds associated with the Card (“Authorized User”).  An Authorized User must be at least 18 years of age.  The Primary Cardholder may request an additional Card be issued only after the Primary Cardholder’s Card is issued, and only the Primary Cardholder may request that an additional Card be issued to an Authorized User.  We reserve the right to deny your request for an additional Card to be issued.  The Authorized User is able to obtain online access to monthly statements, including all the transaction information associated with the use of any of the Cards.  The Authorized User may also obtain information regarding the balance on the Card through other means, including telephone inquiries.  By requesting a Card for an Authorized User, the Primary Cardholder gives us his or her consent to permit the Authorized User to obtain this information.  Cards issued to an Authorized User will be closed if the Card issued to the Primary Cardholder is closed.  If the Primary Cardholder wants to revoke the authority of an Authorized User to use a Card, he or she must contact Agent at 800.418.0223 and tell Agent to cancel such person’s Card.  We may continue to allow an Authorized User to use a Card until we receive, and have a reasonable opportunity to act on, notice from the Primary Cardholder that the Authorized User is no longer permitted to use the Card.

 

The Primary Cardholder is responsible for all transactions and fees incurred by the Primary Cardholder or any Authorized Person. You hereby represent, warrant and agree that the Primary Cardholder, and an Authorized User (if applicable), will be only person(s) to use the Card issued to you.  All funds loaded to the Card are deemed to be the property of and belong to the Primary Cardholder.

 

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; (ii) you are a U.S. citizen or resident alien and have provided us with verifiable and legal identification documents, such as a U.S. social security card, driver’s license, U.S. Passport, U.S.-issued authorization to work in the U.S.; (iii) you have provided us with a verifiable U.S. street mailing 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, you have read this Agreement and agree to be bound by and comply with its terms; and (vi) you accept the Card. If you are under age, your parent or guardian may enter into this Agreement, and you can become a Registered User of the Card. 

 

Assignability. Bank may assign or transfer its rights and obligations under this Agreement, including all its rights and obligations in respect of any Card Account or any sums due hereunder, at any time without your consent and without prior notice to you. The Card Account established under this Agreement is not assignable or transferable by you except with Bank’s prior written consent. Any attempt to the contrary shall be null and void. This Agreement shall be binding on you, your executors, administrators, and any permitted assigns. Without limiting the foregoing, Bank must approve in writing any pledge of the Card Account, and any such pledge remains subject to any right Bank has under this Agreement and applicable state and federal law. If ownership is proposed to be transferred, Bank may require that the Card Account be closed and that a new account be opened, subject to Bank’s sole determination, in the name of the transferee or pledgee.

 

Activating the Card. When you receive the Card, it will not operate until we validate or activate the Card. We will first verify your identity and that you are the person who applied for the Card. To activate your Card, call Agent at the phone number indicated on the Card and follow the instructions provided. We may refuse to activate your Card at our sole discretion. For example, we may stop the activation if the Card or your PIN is reported lost or stolen.

 

You will be asked to provide personal identification information during the activation process. We will use the information to verify your identity and to process your Card transaction. Please see our Privacy Policy for further information.  Agent may use this information to provide you with offers for its additional products and services. Although no credit history is required to obtain a Card, you authorize Agent to obtain information about you from time to time from credit reporting agencies, your employers and other third parties so that we may comply with laws that are applicable to our business or to Bank's business, including, without limitation, USA PATRIOT Act and Bank Secrecy Act.

 

A PIN will be required to conduct a transaction with your Card at an ATM or at a POS terminal where PINs are accepted.  This PIN will be provided to you by Agent at the time your Card is activated.  You should not disclose your PIN to anyone.  A PIN may not be needed in order to purchase goods or services at merchant locations displaying the symbol of a network in which Bank participates.

 

You agree that we may monitor and record your telephone and electronic communications with us at any time, without further notice to you or any party to the communication.

 

Adding Value to the Card. To “load” value to your card under this Agreement means to add or deposit funds to the Card Account at Bank.  Value will be “loaded” or added to the Card Account after the Card has been activated and the authenticity of the Card and/or “load” instruction has been verified. The minimum initial load is $0.01; the maximum load amount is $2,500.00 per load, with a maximum of two loads per day. The maximum amount of value that can reside on the Card at any time is $10,000.00. Bank may increase or decrease these limits from time to time at its sole discretion upon notice to you. We also may limit the number of Cards provided to you. We reserve the right to accept or reject any request to reload value to the Card at our sole discretion. The Card may only be reloaded by the Primary Cardholder. In addition to deposit processing fees, deposit transaction fees may apply as stated in Exhibit A.

 

Direct Deposits. If you arrange to have funds transferred directly to your Card at least once every 60 days from the same person or company (e.g., payroll deposit), the person or company making the deposit will tell you every time they send Bank the money or you can call Agent at 800.418.0223 to find out whether or not the transfer has been made. Funds from electronic direct transfer will generally be available on the day Bank receives the transfer; however, Bank may receive the funds before you are scheduled to receive them on the Card (e.g., before your scheduled payroll date) and in that instance the funds will not be made available to you before your scheduled payroll date. In case of transmission error, or transfer irregularity, your ability to withdraw funds may be delayed beyond the scheduled payroll date. If this occurs, then funds will generally be available within five (5) Business Days after the employer transfers your payroll funds to Bank. You may cancel the direct transfer authorization at any time by sending a written notice to your employer and providing your employer and Bank sufficient time to act upon the notice before your next scheduled payroll date. Your employer may terminate this method of payment, with or without cause, at any time. We bear no responsibility for any such reporting or tax liabilities.

 

Deposits from bank checking, savings or debit card accounts (“Funding Account”) are subject to appropriate anti-fraud verification, when applicable and available. Certain delays may be required to assure funds are available for such deposits prior to crediting your Card Account.

 

Direct deposits or transfers by Automated Clearing House (“ACH”) transactions cannot be loaded to your Card from accounts located outside the United States.  We reserve the right to close your Card if funds are attempted to be loaded from an account located outside the United States.

 

FDIC Deposit Insurance. Subject to applicable regulations, funds in your Card Account are insured by the Federal Deposit Insurance Corporation.

 

You may obtain information about the amount of money you have remaining in your Card Account by calling Agent at 800.418.0223; a charge may apply for balance inquiries that are made by telephone (see Exhibit A). This information, along with a 60-day history of account transactions, is also available at the Website. You also have the right to obtain a 60-day written history of account transactions by calling Agent at 800.418.0223, or by writing Agent at 4901 W. 136th Street Leawood, KS 66224 (we may assess a fee for providing a written history of the account to you).

 

When Deposits are Available for Withdrawal. Deposits may be delayed until Bank has actually received the funds. During such delay, the fund’s value will not be available to you. Bank reserves the right to accept or reject any request to deposit funds to the Card Account at its sole discretion.

 

Bank will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn “on Bank”). Actual credit for deposits of, or payable in, foreign currency will be at the exchange rate in effect on final collection in U.S. dollars. We are not responsible for transactions by mail or outside depository until we actually record them. We will treat and record all transactions received after our “daily cut-off time” on a Business Day we are open, or received on a day we are not open for business, as if initiated on the next following Business Day that we are open. Bank’s policy is to make funds from your cash and certain check deposits available to you on the first Business Day after the day Bank receives the actual funds. However, funds from electronic deposits will be available on the day Bank receives settlement for the deposit. Our earliest cut-off is 4:00 PM CST.

 

If you make a deposit before our cut-off hour on a Business Day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after our cut-off hour or on a day we are not open, we will consider that the deposit was made on the next Business Day we are open.

 

Use and Purpose of Card and Card Account. You may only access the funds in the Card Account with your Card, in accordance this Agreement.  You may not make any deposit, withdrawal, or any other transaction with the Card or the Card Account, except for the Card transactions described in this Agreement. 

 

You may make purchases anywhere your Card is accepted. When making purchases at a POS terminal, you may select either the debit or credit option. The debit option requires that you enter your PIN, and the credit option requires you to sign for the purchase. In each case, the amount of the purchase is deducted from your Card Account balance. 

 

You may withdraw cash from any ATM that displays the MasterCard Acceptance Mark. Your PIN will provide you access to any such ATM.

 

You may obtain cash from locations which have agreed to provide cash back at the POS.

 

We may impose restrictions on your Card at any time, including restrictions on (a) the number of transactions allowed per day; (b) the dollar amount of transactions; and (c) your ability to use the Card at an ATM.

 

Authorization Holds. When you use your Card to pay for goods or services, certain merchants may ask us to authorize the transaction in advance and may estimate its final value. When we authorize the transaction, Bank commits to make the requested funds available when the transaction finally settles and may place a temporary hold on your Card’s funds for the amount indicated by the merchant.  Bank also may add an amount for certain merchants to ensure that sufficient funds will be available to cover the final transaction.  In the case of an authorization request at a gasoline merchant or at a restaurant, hotel, or similar merchant, this amount may be different from the actual transaction amount because the actual transaction amount may not yet be known to the merchant when it submits the authorization request.  Bank is permitted to place an Authorization Hold on funds in your Card Account for up to 30 days. Until the transaction finally settles or we determine that it is unlikely to be processed, the funds subject to the hold will not be available to you for other purposes. Bank will only charge your Card for the correct amount of the final transaction, however, and will release any excess amount when the transaction finally settles.

 

Purchase Limitations. You should maintain sufficient value on your Card to pay for each transaction you attempt to conduct using the Card or Card Account. You may not make purchases that in the aggregate exceed $1,500.00 per calendar day. If a merchant attempts to process a transaction for more than the value available on the Card, or if the transaction will cause the daily limit of $1,500.00 to be exceeded, then the transaction will be declined. Because you are assessed transaction fees by Bank even if a transaction is declined, it is possible for your Card Account to have a negative balance and be overdrawn.

 

Bank does not extend credit.  If a merchant or an ATM operator attempts to submit a transaction against the Card for an amount that is greater than the available funds on your Card, the transaction may not be approved by Bank.  In the event that Bank, in its sole discretion, settles or pays a transaction against your Card when the Card has insufficient funds available to pay for the transaction, this settlement or payment will result in an overdraft on your Card.  Bank is under no obligation to allow such overdraft and may, in its sole discretion, cancel your Card due to the overdraft.  If your Card Account becomes overdrawn, you agree to pay Bank the overdrawn amount immediately, without further demand. Bank may deduct the overdraft amount from any current or future funds on this or any other Card or account you activate or maintain with Bank.  If no such funds are available from which Bank can be paid the overdraft amount, then the Card will be cancelled, and Bank may commence collection efforts to recover the outstanding balance.  You agree to reimburse Bank for the costs and expenses of collection (including attorney’s fees and expenses) Bank incurs in collecting the outstanding balance.  You also authorize Bank to cancel any recurring preauthorized payments against funds on your Card, subject to the terms set forth in this Agreement regarding preauthorized payments, by contacting the particular merchant, if you or Bank cancels your Card.  You are not permitted to resell the Card.

 

Unusual or multiple purchases may prompt a merchant inquiry or card suspension to allow us to investigate such unusual activity.

 

Cash Withdrawal Limitations. The maximum amount of cash that you may receive each day depends on the location where the cash is requested. You may obtain cash at ATMs designated by us or at ATMs that display the MasterCard Acceptance Mark. You may withdraw cash in amounts up to $1,000.00 per day; however the $1,000.00 daily limit is subject to additional limitations imposed by merchants, banks and ATM or cash machine operators. To obtain cash at ATMs or cash machines, your PIN is required to validate your identity as the owner of the Card. However, your signature, and not your PIN, may be required at certain face-to-face locations (banks and merchants).

 

You may obtain Cash at any branch of Bank, or at any bank which issues any MasterCard-branded credit or debit card (a “MasterCard Sponsored Bank”), via an over-the-counter cash withdrawal. You may withdraw cash in amounts up to $1,000.00 per day; however, the $1,000.00 daily limit is subject to additional limitations imposed by the MasterCard Sponsored Bank. Banks may require validating your identity as the owner of the Card.

 

Refunds for Purchases Made with the Card. Any refund for goods or services purchased with the Card will be made in the form of a credit to the Card. You are not entitled to receive a cash refund.

 

Disputes with Merchants. We are not responsible for the delivery, quality, safety, legality, or any other aspect of goods and services that you purchase from others with a Card. All such disputes should be addressed to the merchants from whom the goods and services were purchased.

 

Cancellation and Suspension. Bank reserves the right, at its sole discretion, to limit your use of the Card. Bank may refuse to issue a Card or may revoke Card privileges with or without cause or notice, other than as required by applicable law. If you would like to cancel the use of your Card, call Agent at 800.418.0223. If Bank decides to cancel or suspend use of the Card, we will attempt to notify you by telephone, by U.S. Postal Service, or electronic mail. You agree not to use or allow others to use an expired, revoked, cancelled, suspended or otherwise invalid Card. Bank’s cancellation of Card privileges will not otherwise affect your rights and obligations under this Agreement. If Bank cancels or suspends your Card privileges through no fault of yours, you will be entitled to a refund of any remaining balance, as provided in this Agreement.

 

Card Expiration. Subject to applicable law, you may use the Card only through its expiration date, which is stated on the Card. If you attempt to use the Card after the expiration date, the transactions may not be processed.

 

Life of Card. Except as provided herein, the Card is valid for at least one year from the date of first activation and may be subject to a monthly maintenance fee for the life of the Card. If your Card has a zero or negative balance (overdraft), Bank may, at its option, cancel your Card without notice. Once the Card has expired for any reason, it cannot be renewed or reloaded.

 

Settlement Upon Expiration or Cancellation. If there is a balance remaining on the Card upon expiration, the balance will be transferred to a new Card if Bank chooses to issue one to you. If Bank does not choose to issue a new Card to you or if Bank cancels your Card privileges for any reason, Bank will attempt to refund to you the balance remaining on the Card less any amounts owed to Bank (e.g. fees and charges). A check made payable to you may be mailed to the owner of the Card at the latest postal address reflected in our records, so we encourage you to keep us informed of changes to your mailing address (call Agent at 800.418.0223 to notify us of a change of address). You will not be able to add more value to your Card once the Card has expired or has been cancelled. After Card expiration, you will need to activate and then use the new Card that has been issued to you.

 

Confidentiality and Security.

·   You should not disclose your PIN or record it on the Card or otherwise make it available to anyone else.

·   If the Card or PIN is lost or stolen or if someone else may be using them without your permission, notify us at once by calling Agent at 800.418.0223.

·   If you authorize or permit someone else to use the Card and/or PIN, you will be liable for any transactions made by that person.

·   At any time you may temporarily suspend the use of your Card by calling Agent at 800.418.0223. You alone may reactivate the Card at any time after it has been suspended by contacting Agent.

 

Payment.

·   Each time you use the Card, the amount of the transaction will be debited by Bank from the balance of funds in the Card Account.

·   You are not allowed to exceed the Card Account balance when making any purchase.

·   You agree to be absolutely and unconditionally responsible for payment to Bank of overdrafts.

·   You agree to have the amount of the overdraft deducted by Bank from any funds later deposited to the balance of your Card Account.

·   You agree that fees and charges specified in this Agreement may be deducted by Bank from the Card Account.

·   You agree to pay to Bank any Card Account funds deficiency at once, together with all costs of collection.

 

Reversal. POS transactions cannot be reversed. Payment for goods or services using your Card at a POS terminal shall not affect any of the rights, protections, or liabilities under applicable law regarding a cash or credit sale made by means other than through the use of a POS. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold of funds equal to the estimated purchase amount, for up to seven (7) days.

 

Fees and Charges. Bank will charge you, and you agree to Bank, the fees and charges set forth in the Schedule of Fees and Charges disclosed in Exhibit A, attached hereto and incorporated herein by reference. You may also login to the Website to view a complete list of fees. Bank normally deducts fees and charges automatically from the Card balance at the time a fee or charge is incurred.

 

Other Fees. The owners of ATMs or other networks may impose an additional charge to use their terminals.

 

Unclaimed Property. If you have not made a purchase from or a deposit to your Card Account or any sub-accounts for twelve (12) months, your Card Account may be classified by us as inactive after the end of the twelfth (12^th)  month following the most recent purchase from or deposit to your Card Account or any sub-accounts. Subject to applicable law, Bank may charge you an inactivity account fee. For cards with no activity for five (5) years or such other period as may be prescribed by state law , the Card Account will be presumed to be abandoned. In accordance with state law, funds in abandoned accounts will be remitted to the custody of the applicable state agency, and we will have no further liability to you for such funds. If this occurs, we may try to locate the owner of the Card at the address shown in our records, so we encourage you to keep us informed if you change your address. If we are unable to locate you, Bank may be required to deliver any value remaining on the Card to the applicable state as unclaimed property.

 

Card Information. You can obtain information about the current available balance on your Card and a description of past charges and credits by calling Agent at 800.418.0223 or visiting the Website.

 

ATM Receipts. You should request a receipt at the time you make a withdrawal with your Card at an ATM. Your receipt may contain information related to the available balance on your Card.

 

Periodic Statements. You agree to receive all periodic statements for your Card in electronic format. Electronic statements are made available each month at the Website . You may print the statement for record keeping or your future references.  To update your electronic contact information, you may call Agent at 800.418.0223.  You have the right to have the statement provided or made available on paper or in nonelectronic form, and you have the right to withdraw your consent to receive electronic disclosures and communications at any time.  If you wish to receive a paper periodic statement instead of an electronic periodic statement, you may elect this option by writing to Agent at 4901 W. 136th Street, Leawood, KS 66224.  Please include your name, Card Number and the request of paper statements. We will contact you at the information provided at the time of Card set-up for confirmation of requesting a paper statement. We may choose to charge you a fee per statement if you request a paper statement. If you withdraw your consent to receive electronic disclosures and communications, we may, at our option, terminate your Card.  You agree that these are reasonable procedures for sending and receiving periodic statements.

 

Email and Text Message Notification Enrollment Terms. When a Card is issued to you, you will be registered to receive notifications about your Card in the form of email and text messages.  You may elect not to receive email notifications by logging onto the Website, proceeding to your profile and modifying your preferences set forth therein. You must have a Card that is open and in good standing to receive email and/or text message notifications. 

 

Email and Text Message Security and Delivery Timing. You agree that each email and text message notification sent to you [may not be encrypted], and may include personally identifiable information pertaining to your Card(s) and Card transactions. Receipt of any email or text message notification may be delayed, or prevented by factor(s) affecting your Internet service provider(s), phone operator(s), and other relevant entities. We neither guarantee the delivery or the accuracy of the contents of any email or text message notification. We will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or wrong delivery of any email or text message notification; (b) inaccurate content in an email or text message communication; or (c) your use or reliance on the contents of any email or text message notification for any purposes. We reserve the right to terminate any request from you to receive email or text message notifications, at any time. The information in any email or text message notification may be subject to certain time lags and/or delays. You will manage the types notifications you receive, and email notifications may be stopped or suspended by you at any time.

 

Changes to Email and Text Message Notification Service. We may at any time, without notice to you and without obtaining your consent:

·       Change, cancel, or temporarily suspend the email and/or text message notification service, in whole or in part, including the addition, change or deletion of any such notification;

·         Change, add to, or delete any of the terms for the email and/or text message notification service; or

·         Terminate your enrollment in the email and/or text message notification service.

Foreign Transactions. If you conduct a transaction in a currency other than U.S. dollars, the merchant or network that processes the transaction may convert the transaction into U.S. dollars in accordance with its then current policies. MasterCard® currently uses a conversion rate that is no greater than the highest (i) interbank conversion rate identified by the MasterCard® network on the processing day or the preceding Business Day, or (ii) government-mandated rate in effect on the processing date or the preceding Business Day. The rate for authorization is determined at the time and date the authorization request was received from the merchant or acquirer. The rate for settlement is determined at the time and date sales data was received from the merchant or acquirer. The rate may not remain constant between authorization and settlement. We may impose a charge equal to [3%] of the transaction amount (including credits and reversals) for each transaction (U.S. or foreign currency) that you conduct outside the 50 United States.

 

Information Given to Third Parties. We may disclose information (including personally identifiable information) to third parties about you, the Card, your Card Account and the transactions related to the Card and/or Card Account: (i) where it is necessary or helpful for completing a transaction; (ii) in order to verify the existence and condition of the Card or Card Account for a third party (e.g. a merchant); (iii) in order to comply with any law or to comply with requirements of any government agency or court orders; (iv) if you give us your written consent; (v) to service providers who administer the Card or the Card Account or perform data processing, records management, joint marketing, collections, and other similar services for us, in order that they may perform those services; (vi) in order to prevent, investigate or report possible illegal activity; (vii) in order to issue authorizations for transactions on the Card; and (viii) as otherwise permitted by law. Please see Bank’s Privacy Policy for further details.

 

Website Availability. Although considerable effort is expended to make the Website and other means of communications and access available around the clock, we do not warrant these forms of access to be available and error free at all times. You agree that we will not be responsible for temporary interruptions in service due to maintenance, website changes, or failures, nor shall we be liable for extended interruptions due to failures beyond our control, including but not limited to the failure of interconnecting and operating systems, computer viruses, forces of nature, labor disputes, and armed conflicts.

 

Systems and Software. We shall not be responsible to you for any loss or damages suffered by you as a result of the failure of systems and software used by you to interface with our systems or systems and software utilized by you to initiate or process banking transactions, whether such transactions are initiated or processed directly with our systems or through a third-party service provider. You acknowledge that you are solely responsible for the adequacy of systems and software utilized by you to process banking transactions and the ability of such systems and software to do so accurately.

 

Notice of Lost or Stolen Cards/Unauthorized Activity. You agree to immediately notify us of the loss, theft or unauthorized use of the Card and the loss, theft or unauthorized or inadvertent disclosure of any number (including a PIN), secret word or code that might be used to access Card funds. If you believe that the Card, PIN, or code has been lost or stolen or that someone has transferred or may transfer value from the Card without your authorization, you should immediately contact Agent by phone at 800.418.0223 or in writing at 4901 W. 136th Street Leawood, KS 66224.

 

You agree to cooperate reasonably with us in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of your Card. If you authorize another person to use the Card, you agree to be liable for all transactions arising from the use of the Card by that person, to the fullest extent permitted by law.

 

Our Liability for Failing to Make Transfers. If we do not complete a transaction to or from the Card on time or in the correct amount according to our Agreement with you, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance: if, through no fault of ours, your Card funds are insufficient for the transaction or are unavailable for withdrawal (for example, because they have not been finally collected or are subject to legal process);

1. if a computer system, ATM, or POS terminal was not working properly and you knew about the problem when you started the transaction;
2. if the ATM where you are making the transfer does not have enough cash;
3. if a merchant refuses to honor the Card;
4. if circumstances beyond our control (such as fire, flood, terrorist attack, or national emergency) prevent the transaction, despite reasonable precautions that we have taken;
5. if you attempt to use a Card that has not been properly activated;
6. if your payroll funds are not deposited by your employer (or its payroll administrator) with Bank at least two (2) Business Days before the scheduled payroll date;
7. if your employer or a third-party payroll administrator does not provide Agent with correct and complete information regarding the amount of your payroll and your Card Number at least one (1) Business Day before your scheduled payroll date, or if the information provided to Agent is incorrect or incomplete;
8. if an employee of a “load network” did not properly transmit information to Agent;
9. if the Card has been reported as lost or stolen, has been suspended by us, or we have reason to believe the transaction is not authorized by you; or
10. as otherwise provided in this Agreement.

 

ELECTRONIC FUNDS TRANSFER DISCLOSURES

 

Types of Transactions. You may use your Card and PIN to withdraw cash from your Card Account at ATMs or to pay for purchases at places that have agreed to accept the Card. Some of these places may allow cash back in connection with purchases.

 

Prearranged Transfers.

1. Preauthorized Credits: You may make arrangements for certain direct deposits to be accepted into your Card Account.
2. Preauthorized Debits: You may make arrangements to pay for certain recurring bills from your Card Account.

 

Electronic Funds Transfer Initiated by Third Parties. You may authorize a third party to initiate electronic funds transfers between your account and the third party’s account. Transfers to make or receive payment may be one-time occurrences or may recur as directed by you. These transfers may use the ACH or other payments network. Your authorization to the third party to make these transfers can occur in a number of ways.

 

Telephone Transfers. You may access your Card Account(s) by telephone at 800.418.0223 using a touch tone phone, your Account Number(s), and your PIN.

 

ATM Activity. You may access your Card Account(s) by ATM by using your Card and PIN to:

·   Make cash withdrawals from your account.

·   Get balance information.

 

POS Transactions. You may access your account to purchase goods in person, by phone, by computer; pay for services in person, by phone, by computer; get cash from a merchant if the merchant permits or from a participating financial institution or do anything that a participating merchant will accept.

Computer Transfers. You may access your accounts by computer through the Internet at the Website using your Account Number and password to:

1. Get balance information.

2. Transfer funds to another account.

 

In Case of Errors or Questions About Card Transactions. If you think your periodic statement or receipt is wrong or if you need more information about a transaction listed on the periodic statement or receipt, please contact Agent at 800.418.0223, or write to Agent at 4901 W. 136th Street Leawood, KS 66224.  We must hear from you no later than 60 days after we made available the first periodic statement on which the transaction in question or the error appeared. When notifying us: (i) tell us the name, address, and Card Number of the Cardholder; (ii) describe the error or the transaction you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and (iii) tell us the dollar amount of the suspected error and when the suspected error took place.

 

If you tell Agent orally, we may require that you send us your complaint or question in writing within 10 Business Days. We will determine whether an error occurred within 10 Business Days after Agent hears 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, Bank will credit your Card Account within 10 Business Days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and Agent does not receive it within 10 Business Days, we may not credit your Card Account.

 

For errors involving new Cards, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new Cards, Bank may take up to 20 Business Days to credit your Card Account for the amount you think is in error.

 

We will tell you the results within three Business Days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation. If you need more information about our error-resolution procedures, call us at the telephone number shown above or visit the Website.

 

Notices within 60 days of the posting of the unauthorized transaction on the online transaction history . You have zero liability for an unauthorized transaction made with your Card or Card Number if you notify Agent of the unauthorized transaction within 60 days of the posting of such transaction on the online transaction history. The 60-day period commences to run even if you do not access your transaction history online.

 

If you do not notify Agent within this 60-day period, you may not get back any money if we can prove that we could have stopped someone from taking the money if you had told us in time. Use of your Card is "authorized" if it is used by you or anyone to whom you have given actual, implied, or apparent authority. You may be required to provide documentation to support your claim, including an affidavit of unauthorized use and a police report. Additionally, in evaluating your claim, we consider whether any negligence on your part contributed to the transaction in question.

 

Additional Limits on Liability for Unauthorized Use Under MasterCard Rules. Under MasterCard Rules, you will not be liable for any unauthorized transactions using your Card Account for POS transactions if (i) you can demonstrate that you have exercised reasonable care in safeguarding your Card from risk of loss or theft; (ii) you have not reported to us two (2) or more incidents of unauthorized use within the prior twelve-month period, (iii) your Card Account is otherwise in good standing. This additional limit on liability does not apply to ATM transactions or to transactions using your PIN which are not processed by MasterCard.

 

Your liability for unauthorized Card use; lost or stolen Card or PIN.

 

Lost or Stolen Card : Tell Agent at once if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission using information from your Card. Telephoning is the best way of keeping your possible losses down. If you tell Agent within two Business Days after you learn of the loss or theft of your Card, you can lose no more than $50 if someone used your Card without your permission.

 

If you do not tell Agent within two Business Days after you learn of the loss or theft of your Card, and we can prove we could have stopped someone from using your Card without your permission if you had told us, you could lose as much as $500.

 

Also, if your electronic transaction history or periodic statement shows transfers that you did not make, including those made by the Card, PIN, or other means, tell Agent at once.

 

If you believe your Card or PIN has been lost or stolen call Agent at 800.418.0223, or write to Agent at 4901 W. 136th Street Leawood, KS 66224 .

 

Special California Electronic Funds Transfer Disclosures : Notwithstanding the foregoing information, if California law governs the transaction, the following specific rules govern your liability for unauthorized transactions through the use of the Card.

 

If your transaction history or periodic statement shows unauthorized transactions that you did not make or authorize, we urge you to tell Agent at once. If you fail to report an unauthorized transaction that appears in your transaction history or Card statement within 60 days of the transmittal or availability of the transaction history or Card statement, and if we establish that an unauthorized transaction would not have occurred had you notified Agent within the 60 day period, you shall be liable for the amount of each unauthorized transaction that occurs after the close of the 60 days and before notice to Agent. If your delay in notifying Agent was due to extenuating circumstances beyond your reasonable control, the time specified above shall be extended by a reasonable period. For this purpose, examples of extenuating circumstances include, but are not limited to, extended travel, the death or serious illness of you or a member of your family, hospitalization, permanent mental impairment, or serious physical impairment, unless the circumstance did not reasonably contribute to your delay in notifying Agent within the 60-day period.

 

If you report the unauthorized transaction within the 60 days of the transmittal or availability of the transaction history or statement, your liability is not in excess of $50. Except as modified by these special disclosures, the foregoing provisions will still apply.

 

Disclaimer of liability. In providing the Card and related service to you, Bank disclaims any duty or responsibility other than those expressly set forth in this Agreement.

 

Bank right of set-off. You agree that Bank is authorized at any time to set-off against the Card Account, as well as to set-off against any other deposit accounts held at Bank.  Bank may exercise this right of set-off with or without notice to you, to the extent permitted by applicable law.

 

Preauthorized Payments from Your Card.   If you have told us in advance to make regular payments against funds on your Card, you can stop any of these payments. Here's how:

 

Call Agent at 800.418.0223, or write to Agent at 4901 W. 136th Street Leawood, KS 66224 , in time for us to receive your request three (3) Business Days or more before the payment is scheduled to be made. If you call, we may also require you to confirm your request in writing within 14 days after you call. An oral stop payment request ceases to be binding after 14 days if you fail to provide the requested written confirmation.

If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to receive 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.)

 

If you order us to stop one of these payments three (3) Business Days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

Merchants Illegal for Minors. The Card may not be accepted by certain types of merchants whose goods or services are not legal for minors. Examples of such merchants include casinos, gambling websites, and adult entertainment merchants. If you purchased the Card to use specifically at these types of merchants, you may not be satisfied with the Card.

 

Severability. If any of the terms of this Agreement are invalid, changed by applicable law or declared invalid by order of court or regulatory authority, the remaining terms of this Agreement shall not be affected, and this Agreement shall be interpreted as if the invalid terms had not been included in this Agreement.

 

Disclaimer of Warranties. EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND TO YOU, WHETHER EXPRESSED OR IMPLIED, REGARDING THE CARD, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

RIGHT TO BRING CIVIL ACTION

 

Limited Liability. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR: DELAYS OR MISTAKES RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF GOVERNMENTAL AUTHORITIES, NATIONAL EMERGENCIES, INSURRECTION, WAR, OR RIOTS; THE FAILURE OF MERCHANTS TO HONOR THE CARD; THE FAILURE OF MERCHANTS TO PERFORM OR PROVIDE SERVICES; COMMUNICATION SYSTEM FAILURES; OR FAILURES OR MALFUNCTIONS ATTRIBUTABLE TO YOUR EQUIPMENT, MERCHANT OR ATM EQUIPMENT OR ANY INTERNET SERVICE, OR ANY PAYMENT SYSTEM. IN THE EVENT THAT WE ARE HELD LIABLE TO YOU, YOU WILL ONLY BE ENTITLED TO RECOVER YOUR ACTUAL DIRECT DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO RECOVER ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (WHETHER IN CONTRACT, TORT OR OTHERWISE), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL NOT BE EFFECTIVE TO THE EXTENT OTHERWISE PROHIBITED BY LAW. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOUR RECOVERY FOR ANY ALLEGED NEGLIGENCE OR WILLFUL MISCONDUCT BY THE BANK, AGENT OR TRANSCARD SHALL BE LIMITED TO THE TOTAL AMOUNT TO BE LOADED ON THE CARD (SUBJECT TO LOAD LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO LOADING VALUE, OR THE AMOUNT OF THE AUTHORIZED TRANSFER OF VALUE ATTEMPTED (SUBJECT TO TRANSFER AND PURCHASE LIMITATIONS OF THIS AGREEMENT) IF THE NEGLIGENCE OR MISCONDUCT RELATES TO VALUE TRANSFER TRANSACTIONS, AND FOR ANY OTHER NEGLIGENCE OR MISCONDUCT THE MAXIMUM LIABILITY SHALL BE $5,000.00.

 

Change in Terms. Subject to the limitations of applicable law, we may at any time add to, delete, or change the terms of this Agreement by sending you a notice. We will give you notice at least 21 days before the effective date of any change if the change would result in: (i) increased fees you would be required to pay; (ii) increased liability for you; (iii) fewer types of available electronic fund transfers; or (iv) stricter limitations on the frequency or dollar amount of transfers.

 

Advance notice may not be given, however, if we need to make the change immediately in order to maintain or restore the security of the Card or Card Account or any related payment system.

 

Questions. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR CARD MUST BE DIRECTED TO AGENT. Agent is responsible for customer service and for resolving any errors in transactions made with your Card. Please see the information above regarding the operation and use of your Card. If you have questions regarding your Card, you may call Agent at 800.418.0223 or write Agent at 1301 Riverfront Parkway, Ste. 112, Chattanooga, TN 37402.

 

Change of Address. If your U.S. mail or postal address changes, you must immediately notify Agent at 800.418.0223. Failure to do so may result in information regarding the Card or Card Account being mailed to the wrong person or your transactions being declined. In such event, we shall not be responsible for any resulting misuse of funds available in the Card Account. Any notice given by us shall be deemed given to you if mailed to you at the last U.S. mail address for the Card Account furnished by you. You agree that we may accept changes of address from the U.S. Postal Service. You also agree that if you attempt to change your address to a non-U.S. address, your Card Account may be cancelled and funds returned to you in accordance with this Agreement.

 

Governing Law, Court Proceedings, Damages. This Agreement will be governed by, construed, and enforced in accordance with federal law and the laws of the State of Missouri, without regard to conflict of laws principles.  All actions or proceedings not subject to the arbitration requirements set forth herein, with respect to this Agreement or any services hereunder, shall be brought only before a federal or state court in the State of Missouri. You agree to pay upon demand all of our costs and expenses incurred in connection with the enforcement of this Agreement.

 

Bank may accept and act on any Legal Process that it believes is valid, whether served in person, by mail or by electronic notification, at any location of Bank. "Legal Process" includes a levy, garnishment or attachment, tax levy or withholding order, injunction, restraining order, subpoena, search warrant, government agency request for information, forfeiture, seizure, or other legal process relating to your Card. Any such legal process is subject to Bank's security interest and right of setoff.

 

You agree that any legal action involving this Card or Card Account must be brought within one (1) year of the date the cause of action arose, unless otherwise provided by applicable law. You and we both waive our right to trial by jury, punitive, and exemplary damages, as well as damages in tort, including but not limited to emotional distress, unless caused by a willful and malicious act, which in the case of unauthorized disclosure of private or confidential information must also be defamatory.

 

Dispute resolution program: Arbitration Agreement

 

1. Non-Judicial Resolution of Disputes . If you have a dispute with MasterCard® , and you are not able to resolve the dispute informally, you and we agree that upon demand by either you or us, the dispute shall be resolved by the following arbitration process (“Arbitration Agreement”). You understand and agree that you and we are each waiving the right to a jury trial or a trial before a judge in a public court. As an exception to this Arbitration Agreement, you and we retain the right to pursue in small claims court any dispute that is within the court's jurisdiction.
2. Disputes . A dispute is any unresolved disagreement between you and us. It includes any dispute relating in any way to the Card or related services or matters described in this Agreement; to your use of any of Bank’s banking locations or facilities; or to any means you may use to access your Card. It includes claims based on broken promises or contracts, torts (injuries caused by negligent or intentional conduct), or other wrongful actions. It also includes statutory, common law, and equitable claims. A dispute also includes any disagreement about the meaning of this Arbitration Agreement, and whether a disagreement is a "dispute" subject to binding arbitration as provided for in this Arbitration Agreement.
3. Binding Arbitration . Binding arbitration is a means of having an independent third party resolve a dispute without using the court system, judges, or juries. Either you or we may require the submission of a dispute to binding arbitration at any reasonable time regardless of whether a lawsuit or other proceeding has been previously commenced. If either you or we fail to submit to binding arbitration following a lawful demand, the one who fails to so submit bears all costs and expenses incurred by the other compelling arbitration. Neither you nor we shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or to act in any arbitration in the interest of the general public or in a private attorney general capacity. Each arbitration, including the selection of the arbitrator(s) shall be administered by the American Arbitration Association (“AAA”), or such other administrator as you and we may mutually agree to, according to the Commercial Arbitration Rules and the Supplemental Procedures for Consumer Related Disputes (“AAA Rules”). To the extent that there is any variance between the AAA Rules and this Arbitration Agreement, this Arbitration Agreement shall control. Arbitrator(s) must be members of the state bar where the arbitration is held, with expertise in the substantive laws applicable to the subject matter of the dispute. You and we (the “Parties”) agree that in this relationship: (1) The Parties are participating in transactions involving interstate commerce; and (2) Each arbitration is governed by the provisions of the Federal Arbitration Act (Title 9 of the United States Code), and, to the extent any provision of that such Act is inapplicable, unenforceable, or invalid, the laws of the state of Missouri; and (3) The arbitrator shall decide any dispute regarding the enforceability of this arbitration agreement. If any of the provisions of this Arbitration Agreement dealing with class action, class arbitration, private attorney general action, other representative action, joinder, or consolidation is found to be illegal or unenforceable, that invalid provision shall not be severable and this entire Arbitration Agreement shall be unenforceable. To find out how to initiate an arbitration, the Parties may call any office of the AAA.
4. Rights Preserved. This Arbitration Agreement does not prohibit you or us from exercising any lawful rights to use other available remedies to preserve, foreclose, or obtain possession of real or personal property; exercise self-help remedies, including setoff and repossession rights; or obtain provisional or ancillary remedies such as injunctive relief, attachment, garnishment, or the appointment of a receiver by a court having jurisdiction.
5. Miscellaneous. No arbitrator or other party to an arbitration proceeding may disclose the existence, content, or results of the arbitration, except for disclosures of information by a party required in the ordinary course of business or by applicable law or regulation. All statutes of limitations applicable to any dispute apply to any arbitration between you and us. The provisions of this Arbitration Agreement shall survive termination, amendment or expiration of the Card or any other relationship between you and us.
6. Fees and Expenses of Arbitration. Arbitration fees shall be determined by the rules or procedures of the arbitration administrator, unless limited by applicable law. Please check with the arbitration administrator to determine the fees applicable to any arbitration you may file. Unless inconsistent with applicable law, each of you and us shall bear the expense of our own attorney, expert and witness fees, regardless of which of us prevails in arbitration.

 

Taxes. You acknowledge and agree that we are not obligated to determine whether any federal, state, or local tax applies to any transaction involving the use of your Card, nor are we responsible for collecting, remitting, or reporting any sales, use, income, or other taxes arising from any such transactions.

 

No Waiver. No failure by Bank to enforce the performance of any provision of this Agreement or to impose any fee or other amount allowed hereunder will constitute a waiver by Bank of its right to subsequently enforce such provision or any other provisions of this Agreement or to impose such fees or other amounts pursuant hereto.

 

Miscellaneous Provision. If you or your Card Account becomes involved in any legal proceedings, your use of the Card Account may be restricted. You agree not to use the Card Account in any illegal activity. We shall be entitled to act upon any legal process served upon us that we reasonably believe to be binding, with no liability to you for doing so. You understand that supervisory personnel may randomly monitor customer service telephone conversations to ensure that you receive accurate, courteous, and fair treatment. If you ask us to follow instructions that we believe might expose us to any claim, liability, or damages, we may refuse to follow your instructions or may require a bond or other protection, including your agreement to indemnify us. You agree to be liable to us, to the extent permitted by law, for any loss, costs, or expenses that we may incur as a result of any dispute or legal proceeding involving your Account. You authorize Bank to deduct any such loss, costs, or expenses from your Card Account without prior notice to you or to bill you separately. This obligation includes disputes between you and us involving your Card Account and situations where we become involved in disputes in which a third party is claiming an interest in your Card Account. It also includes situations where any action taken on your Card Account by you, an authorized signer, a joint owner, or a third party causes us to seek the advice of an attorney, whether or not we actually become involved in a dispute. Any action by us for reimbursements from you for any costs or expenses may also be made against your estate, heirs and legal representatives, who shall be liable for any claims made against and expenses incurred by us. In order for us to service the Card or to collect any amounts you may owe, you agree to provide your prior express consent to Bank, its agents (including, but not limited to, Agent), assigns and vendors working on its behalf, that we may from time to time make calls and send text messages to you, using prerecorded/artificial voice messages and/or through the use of an automatic dialing device, at any telephone number associated with your Card, including mobile telephone numbers that could result in charges to you.  You also expressly provide your consent to us to send email messages regarding your Card to your email address.  If a court finds any provision of this Agreement invalid or unenforceable, such finding shall not make the rest of this Agreement invalid or unenforceable. To the fullest extent possible, any such provision shall be deemed to be modified so as to be rendered enforceable or valid; however, if such provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable.

 

Termination. The Card shall remain the property of Bank and you agree upon demand to return your Card to Agent. At any time and without prior notice, Bank may revoke or cancel your Card and thereby terminate this Agreement and demand return of your Card to Agent. Bank reserves the right to close your Card for any reason, including default, suspected fraudulent or unlawful activity, Internet gambling, or any indication of increased risk. You may close your Card and receive the remaining balance by contacting Agent at 800.418.0223 .  Termination, whether by you or by Bank, shall not affect prior transactions or obligations relating to your Card existing at the time of termination. Upon termination, Bank will arrange to transfer any remaining funds associated with the Card to you by check or to your Funding Account. Please note that processing the remaining funds may take up to ten (10) Business Days. You will be able to access history regarding your closed Card for up to 90 days after the Card is closed by calling Agent at 800.418.0223 or by signing into your account online at the Website.

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If you do not accept the terms, conditions, provisions,­ and rules set forth in this Agreement, you will not be able to keep or make use of the Card Account.

 

By activating your Card, you acknowledge and agree that:

·    You have read and agree to this Cardholder Agreement.

 

MasterCard and the MasterCard Acceptance Mark are registered trademarks of MasterCard International Incorporated.

 

 

Eagle Bank and Trust Company of Missouri

 

 

THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

 

 

 

Exhibit A

Schedule of Fees and Charges