VOLA PREPAID CARD CARDHOLDER AGREEMENT

 

 Last Updated on August 19, 2021

 


CUSTOMER SERVICE CONTACT INFORMATION:


We offer round-the-clock support for our customers. You can reach our helpful specialists at hello@volafinance.com to answer any questions related to your Vola Account. Please email us at corp@volafinance.com if you have any questions about these Terms or the Services or our Privacy Policy.


ABOUT THIS AGREEMENT:


This Vola Prepaid Card Cardholder Agreement (this “Agreement”) represents an agreement between you and PatriotBank, N.A., member of the Federal Deposit Insurance Corporation (“FDIC”) (the “Bank”), and contains the terms andconditions governing the Vola Program (the “Program”), including the Vola Mastercard Prepaid Card (the “Card”). “You” and “your” mean the person(s) who receive a Card and are authorized to use a Card as provided for in this Agreement.“We,” “us,” and “our” mean the Bank and its successors, affiliates, and assignees. “Card Account” means the records wemaintain for each Card to account for the value of claims associated with such Card.


YOU CANNOT USE YOUR CARD TO PERFORM TRANSACTIONS UNTIL YOU HAVE ACTIVATED YOURCARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER (“PIN”) PURSUANT TO THISAGREEMENT. BY ACTIVATING YOUR CARD OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOUREPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BEBOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OUR PRIVACY POLICY. PLEASE VISIT HTTPS://WWW.VOLAFINANCE.COM/PRIVACY-POLICY/ (THE “WEBSITE”) TO VIEW, PRINT, AND SAVE THISAGREEMENT AND OUR PRIVACY POLICY.


FEE SCHEDULE:


Vola Does not charge any fee for the Vola Mastercard Prepaid Card.


No overdraft/credit feature.


For general information about prepaid accounts, visit cfpb.gov/prepaid. If you have a complaint about a prepaid account,call the Consumer Financial Protection Bureau at 1-855-411-2372 or visit cfpb.gov/complaint.


IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING AN ACCOUNT


TO HELP THE GOVERNMENT FIGHT THE FUNDING OF TERRORISM AND MONEY LAUNDERINGACTIVITIES, FEDERAL LAW REQUIRES ALL FINANCIAL INSTITUTIONS TO OBTAIN, VERIFY, ANDRECORD INFORMATION THAT IDENTIFIES EACH PERSON WHO OPENS AN ACCOUNT. WHAT THISMEANS FOR YOU: WHEN YOU OPEN A CARD ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS,DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSOASK TO SEE A COPY OF YOUR DRIVER’S LICENSE OR OTHER IDENTIFICATION DOCUMENTS.


CONSENT TO USE ELECTRONIC SIGNATURES AND COMMUNICATIONS


Your Consent. To the extent permitted by applicable law, you consent to use electronic signatures and to electronicallyreceive all records, notices, statements, communications, and other items for all services provided to you under thisAgreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise berequired to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically,you represent that: (1) you have read and understand this consent to use electronic signatures and to receiveCommunications electronically; (2) you satisfy the minimum hardware and software requirements specified below; and(3) your consent will remain in effect until you withdraw your consent as specified below.


Your Right to Withdraw Your Consent. Your consent to receive Communications electronically will remain in effect untilyou withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at corp@volafinance.com. If you withdraw your consent to receive Communications electronically, wereserve the right to close your Card Account and return your remaining Card Account as set forth in this Agreement (inwhich case you will no longer be able to use your Card or participate in the Program, except as expressly provided in thisAgreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receiveCommunications electronically will be effective only after we have a reasonable period of time to process yourwithdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply toCommunications electronically provided by us to you before the withdrawal of your consent becomes effective.


You Must Keep Your Contact Information Current With Us. In order to ensure that we are able to provideCommunications to you electronically, you must notify us of any change in your email address and your mobile devicenumber or other text message address by updating your profile directly on the Vola App or by emailing us atcorp@volafinance.com


Copies of Communications. You should print and save and/or electronically store a copy of all Communications that wesend to you electronically. In addition, you may request a paper version of any electronic Communication by contactingus at corp@volafinance.com.


Hardware and Software Requirements. In order to access and retain Communications provided to you electronically, youmust have: (1) a valid email address; (2) a computer or other mobile device (such as tablet or smart phone) that operateson a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of InternetExplorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accuratelyreads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and anoperating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paperform or electronic storage to retain Communications in an electronic form. “Current Version” means a version of thesoftware that is currently being supported by its publisher.


Changes. We reserve the right, in our sole discretion, to communicate with you in paper form. In addition, we reserve theright, in our sole discretion, to discontinue the provision of electronic Communications or to terminate or change the termsand conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we willnotify you of any such termination or change by updating this Agreement on the Website or delivering notice of suchtermination or change electronically.


  1. 1.     Registering for the Program. In order to participate in the Program, you must (a) accept and agree to thisAgreement, the Vola Terms of Service accessible at https://www.volafinance.com/terms-and-conditions, the BankGLBA Policy, and our Privacy Policy, (b) register with us on our mobile application for the Program (the“App”)]; (c) be a U.S. citizen (or a legal resident with a U.S. tax ID number) of at least in the jurisdiction wherethey reside; and (d) provide all requested information, such as your name, date of birth, address, email address,social security number, user name and password, and such other information as we may request from time to time(collectively, “User Information”). You represent and warrant that all information, including User Information,you provide us from time to time is truthful, accurate, current, and complete. You agree to promptly notify us ofchanges to any User Information. If we approve your registration for a Card Account we will share with you aVirtual Card.



  2. 2.     About Your Card. The Card is issued by the Bank. The Card is a prepaid card, which allows you to access fundsloaded on to your Card Account. You should treat your Card with the same care as you would treat cash. TheCard is not a credit card. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Cardremains the property of the Bank and must be returned upon our request. To the extent permitted by applicablelaw, we may cancel, repossess, or revoke the Card at any time without prior notice. The Card cannot be redeemedfor cash. The Card is not for resale and may not be transferred or assigned. This Card is not designated forbusiness use and we may close your Card if we determine that it is being used for business purposes. We mayclose your Card or refuse to process any transaction that we believe may violate the terms of this Agreement orrepresents illegal or fraudulent activity.



  3. 3.     Card Account. You acknowledge and agree that the value available in your Card Account is limited to the fundsthat have been added to your Card Account. The funds in your Card Account are held in a custodial account withus on your behalf. The funds associated with your Card Account are insured by the FDIC for up to the maximum amount as published by the FDIC, subject to the applicable limitations and restrictions of such insurance. Youwill not receive any interest on the funds in your Card Account.



  4. 4.     Eligibility and Activation. By activating your Card, you represent and warrant to us that: (a) you are at least theage of majority in the state where you reside; (b) you are a U.S. citizen or legal alien residing in the United States;(c) the User Information is truthful, accurate, current, and complete; (d) you received a copy of this Agreementand our Privacy Policy and agree to be bound by and to comply with their terms; and (e) you accept your Card.



    You must activate your Card before it can be used. You may activate your Card on the App or by emailing us athello@volafinance.com. In order to activate your Card, you will need to provide certain User Information so wecan verify your identity and then select a PIN.



  5. 5.     Fees. The fee schedule located at the top of this Agreement lists the fees applicable to the Program. In somecases, the actual fee charged may be lower than the fee stated in the fee schedule. If you believe a fee was chargedin error, contact Customer Service. Except as otherwise provided in this Agreement, all fees are deducted fromyour Card Account balance.



  6. 6.     Lost or Stolen Card or Compromised PIN. Contact Customer Service immediately if you believe: (a) your Cardhas been lost or stolen, (b) someone has gained unauthorized access to your PIN, or (c) someone has transferredor may transfer funds from your Card Account without your permission. Contacting us by telephone at 917-892-9633 or emailing us at corp@volafinance.com is the best way to minimize your possible losses.



  7. 7.     Authorized Users. You are responsible for all authorized transactions initiated and fees incurred by use of any ofyour Card and Card Account. If you permit another person to have access to your Card or Card number, we willtreat this as if you have authorized such person to use the Card, and you will be liable for all transactions and feesincurred by such person, even if they exceed the authorization granted. Transactions will be consideredunauthorized only after you notify us that the person is no longer authorized to use the Card. You are whollyresponsible for the use of your Card according to the terms and conditions of this Agreement.



  8. 8.     Using Your Card. You may use your Card to make purchases at any merchant that accepts Mastercard debit cardsor debit cards of other networks in which the Bank participates, subject to your available Card Account balance,the transaction limits described below, and the other terms and conditions of this Agreement. If you use your Cardnumber without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effectwill be the same as if you used your Card itself. Each time you use your Card, you authorize us to reduce thevalue available in your Card Account by the amount of the transaction and any applicable fees. We reserve theright to reduce the value available in your Card Account to zero if your transaction(s) following any VolaAdvance (as defined below) do not exhaust the amount of the Advance. You are not allowed to exceed theamount of available funds in your Card Account through an individual transaction or a series of transactions.Nevertheless, if a transaction exceeds the amount of available funds in your Card Account, you will be fully liableto us for the full amount of the transaction and any applicable fees. You may not use your Card for onlinegambling or illegal transactions. We may temporarily “freeze” your Card Account and attempt to contact you ifwe notice transactions that are unusual or appear suspicious.



  9. 9.     Merchant Holds on Available Funds. When you use your Card or Card number to initiate a transaction at certainmerchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchaseamount is unknown at the time of authorization, a hold may be placed on the available funds in your CardAccount for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will notbe available to you for any other purpose until the merchant sends us the final transaction amount. Once wereceive the final transaction amount, it may take up to [seven] days for the hold to be removed. During thatperiod, you will not have access to the funds subject to the hold. Please be advised that you may experiencedifficulties using your Card at unattended vending machines, kiosks, and gas station pumps. If your Card isdeclined at a “pay at the pump” gas station even though you have sufficient funds available, you should pay foryour purchase inside with the cashier.



  10. 10.     Adding Funds to Your Card. As part of your use of the product, Vola will fund your Card each time you make atransaction by providing you an advance (“Advance”). Advances will be provided pursuant to the Vola Terms ofService, and your use of the Advance will be subject to those terms. You may not add funds to your CardAccount by sending personal checks, cashier’s checks, or money orders to the Bank. The Bank will return allchecks and money orders unless your Card Account has a negative balance, in which case the Bank may, in itssole discretion, apply the proceeds of the check or money order towards the negative balance of your CardAccount. Certain fees may apply for adding funds to your Card Account. Please refer to the fee schedule above.



  11. 11.     Transaction Limits. The maximum amount that can be spent using your Card Account is the amount of anyAdvance we provide to you from time to time. The maximum value of your Card Account at any time may be$1,000. In order to protect your Card Account, we may temporarily impose limits on the dollar amount, number,and type of transactions performed using your Card and your Card Account. To the extent permitted by applicablelaw, we reserve the right to: (a) change the transaction limits; (b) limit, block, or place a hold on certain types oftransfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or CardAccounts.



  12. 12.     Card Account Balance. It is important to know the amount of available funds in your Card Account beforeperforming a transaction. If you do not have sufficient available funds in your Card Account to cover thetransaction amount, the transaction will be declined. You acknowledge and agree that the funds available toperform transactions are limited to the funds that have been added to your Card Account that are not subject to ahold. You are not authorized to use funds added to your Card Account in error. Any transaction that could create anegative balance for your Card Account is not permitted, but may occur in limited circumstances. Adjustmentsmay be made to your Card Account to reverse an error, reflect a merchant adjustment, or resolve a disputeregarding a transaction posted to your Card Account. These processing and adjustment entries could cause yourCard Account to have a negative balance. If your Card Account has a negative balance, you agree: (a) that wemay automatically apply any subsequent deposits to your Card Account to satisfy the negative balance and (b) topay us on demand by a personal check, money order, or other payment method authorized by us for the amount ofthe negative balance. If no future funds are added to your Card Account, we may send you a notice explaining thereason for the adjustment and requesting payment by a personal check, money order, or other payment method tosatisfy the negative balance. Payments should be mailed to us at the address provided below or the address statedin the applicable notice.



  13. 13.     Transaction History. You may obtain information about the money you have remaining in your prepaid accountby logging into the Vola App and clicking on the Virtual Card banner on the home page or by emailing us athello@volafinance.com. This information, along with a 12-month history of Card Account transactions, is alsoavailable on the app when you log in to your Vola Account.



  14. If your Card Account is registered with us, you also have the right to obtain at least 24 months of written historyof account transactions by writing us at hello@volafinance.com. You will not be charged a fee for thisinformation unless you request it more than once per month.



  15. 14.     Account Alerts. If you provide your email address to us, we will send you important notices via email about yourCard Account. In addition, if you provide your mobile phone number or other text message address to us, youexpressly consent to receive text messages relating to your Card Account at that number or address. Third-partydata and message fees may apply.



  16. 15.     Verified Mobile Device. In order to use the App and other Program services with your mobile device, you mustprovide a valid mobile device number or text message address on the Website or App and verify such number ortext message address as instructed by us. To verify your mobile device number or text message address, we maysend you a code via text message to the mobile device number or text message address you provide, and you mustenter that code as instructed by us. If you change your mobile device number or text message address, you mustpromptly provide and verify your new mobile device number or text message address.



  17. 16.     Receipts. You should get a receipt for each Card transaction. You agree to retain, verify, and reconcile your Cardtransactions and receipts.



  18. 17.     Refunds. You will not receive cash refunds for Card transactions. If a merchant gives you a credit formerchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we willcredit to the available funds in your Card Account. We are not responsible for the delivery, quality, safety,legality, or any other aspects of goods or services that you purchase with your Card. All such disputes must beaddressed and handled directly with the merchant from whom those goods or services were purchased.



  19. 18.     Our Liability to You. If we do not complete an electronic fund transfer to or from your Card Account on time orin the correct amount according to this Agreement, we may be liable for your losses or damages. However, thereare some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available fundsin your Card Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, waterdamage, power failure, strike, labor dispute, computer breakdown, telephone line disruption, or natural disaster)prevent or delay the transfer despite reasonable precautions taken by us; (c) the system, ATM, or point-of-saleterminal was not working properly and you knew about the problem when you initiated the transaction; (d) thefunds in your Card Account are subject to legal process or are otherwise not available for transactions; (e) themerchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Cardlost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot becompleted because your Card is damaged; or (i) any other exception stated in this Agreement.



  20. 19.     Errors or Questions About Your Card Account Transactions. Contact Customer Service at the number or addressprovided below as soon as you can if you think an error has occurred involving your Card Account. We must hearfrom you no later than 60 days after the earlier of the date you electronically access your Card Account, if theerror could be viewed in your electronic transaction history, or the date we sent the FIRST written transactionhistory on which the error appeared. When you notify us about an error involving your Card Account, you willneed to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amountinvolved; and (c) approximately when the error took place. If you tell us orally, we will mail you a form tocomplete and return. You must return the form or your own letter outlining the details of the error to CustomerService at the address provided below within ten business days of your oral notification. We will determinewhether an error occurred within 10 business days after we hear from you and will correct any error promptly. Ifwe need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide todo this, and your account is registered with us, we will credit your Card Account within ten business days for theamount you think is in error, so that you will have the use of the funds credited to your Card Account during thetime it takes us to complete our investigation. If we ask you to put your complaint in writing and we do notreceive it within 10 business days, we may not credit your Card Account. Keep reading to learn more about howto register your Card. For errors involving new Card Accounts, or debit point-of-sale transactions, we may take upto 90 days to investigate a complaint or question. For new Card Accounts, we may take up to 20 business days tocredit your Card Account for the amount you think is an error. We will tell you the results within 3 business daysafter 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 aboutour error resolution process, contact Customer Service. It is important to register your Card Account as soon aspossible. Until you register your Card Account, and we verify your identity, we are not required to research orresolve any errors regarding your Card Account. To register your Card Account, go to the Vola App- sign intoyour Vola Account and ensure that your Vola Card is activated or contact Customer Service. We will ask you foridentifying information about yourself (including your full name, address, date of birth and [Social SecurityNumber] [Government-issued identification number], so that we can verify your identity.



  21. 20.     Zero Liability Protection. Under MasterCard rules, your liability for unauthorized purchases using your CardAccount is $0.00 if: (a) your Card Account is in good standing; (b) you have exercised reasonable care insafeguarding your Card Account from unauthorized use (i.e., you did not provide, directly, by implication, orotherwise, the right to use your Card Account and you received no benefit from the “unauthorized” purchase); and(c) you have not reported two or more unauthorized events in the past 12 months.



  22. 21.     Your Liability for Unauthorized Transactions. Tell us AT ONCE if you believe your Card has been lost or stolenor your PIN has been compromised or you believe a transaction has been made without your permission usinginformation from your Card Account. Contact Customer Service immediately at the number or address providedbelow to keep possible losses to a minimum. Contacting us by telephone at 917-892-9633 is the best way tominimize possible losses. You could lose all the money in your Card Account. If you tell us within two businessdays after you learn of any unauthorized transactions, you will lose no more than $50 if someone accessed yourCard Account without your permission. If you DO NOT tell us within two business days after you learn of anunauthorized transaction, and we can prove we could have stopped someone from accessing your Card Accountwithout your permission if you had told us, you could lose as much as $500. Also, if your Card Accounttransaction history or other information shows transfers that you did not make or authorize, tell us at once. If youdo not tell us within 60 days after the information is made available to you, you may not get back any money youlost after the 60 days if we can prove that we could have stopped someone from taking the money if you had toldus in time. If a good reason (such as a long trip, a hospital stay, or other extenuating circumstances) kept you fromtelling us, we will extend the times specified above to a reasonable period. You agree to cooperate reasonablywith us in our attempts to recover funds from, and to assist in the prosecution of, any unauthorized users of yourCard Account.



  23. 22.     Unclaimed Property. If your Card Account becomes inactive (e.g., if you do not use the funds in your CardAccount or access your Card Account for a certain period of time), applicable law may require us to report thefunds in your Card Account as unclaimed property. If this occurs, we may try to locate you at the address shownin our records. If we are unable to locate you, we may be required to deliver any funds in your Card Account tothe applicable state as unclaimed property. The specified period of time to report and send funds in an inactiveCard Account to a state varies by state, but usually ranges between two and five years.



  24. 23.     Assignment. To the extent permitted by applicable law, we may assign this Agreement without obtaining yourconsent. You may not assign or transfer your Card, your Card Account, or this Agreement without our priorwritten consent.



  25. 24.     Severability and Waiver. If any provision of this Agreement is held to be invalid or unenforceable, such provisionwill be deemed to be modified to the minimum extent necessary to make it valid and enforceable and the rest ofthis Agreement will not be affected. We do not waive our rights by delaying or failing to exercise them at anytime.



  26. 25.     Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion withoutproviding notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver toyou any notice of changes to existing terms or the addition of new terms by posting an updated version of thisAgreement on the Website or delivering notice of changes to you electronically.



  27. 26.     Entire Agreement. This Agreement constitutes the entire and sole agreement between you and us with respect tothe Program and supersedes all prior understandings, arrangements, or agreements, whether written or oral,regarding the Program



  28. 27.     Cancellation and Suspension. To the extent permitted by applicable law, we may cancel or suspend your Card,your Card Account, or this Agreement immediately, for any reason, and without notice to you. You may cancelyour Card, your Card Account, or this Agreement at any time by notifying Customer Service at the number oraddress provided below. Cancellation or suspension of this Agreement will not affect any of our rights or yourobligations arising under this Agreement prior to such cancellation or suspension. In the event that your CardAccount is cancelled, closed, or terminated for any reason, you may request the unused balance to be returned toyou via a check to the mailing address we have in our records.The Bank reserves the right to refuse to return theunused balance if it is less than $1.00.



  29. 28.     Business Days. Our business days are Monday through Friday, excluding federal holidays.



  30. 29.     Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State ofConnecticut, consistent with the Federal Arbitration Act, without giving effect to any principles that provide forthe application of the law of another jurisdiction.



  31. 30.     Indemnification. At our request, you agree to defend, indemnify, and hold harmless us and our parents,subsidiaries, and other affiliated companies, and our and their employees, contractors, officers, and directorsagainst any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including,without limitation, reasonable attorneys’ fees) that arise from your violation of this Agreement, applicable law, orany third-party rights or your fraud or willful misconduct. We reserve the right to assume the exclusive defenseand control of any matter subject to indemnification by you, in which event you will cooperate in asserting anyavailable defenses.



  32. 31.     LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwiserequired by applicable law, we, our affiliates, and the parties with whom we contract in order to offer the Cards,the Card Accounts, and related services are neither responsible nor liable for any indirect, incidental,consequential, special, exemplary, or punitive damages arising out of or relating in any way to the Cards, the CardAccounts, any products or services purchased using Card Accounts, or this Agreement (as well as any related orprior agreement that you may have had with us).

  33. 32.     DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTIONWAIVER. For any and all controversies, disputes, demands, claims, or causes of action between you and us(including the interpretation and scope of this Section and the arbitrability of the controversy, dispute, demand,claim, or cause of action) relating to the Cards, the Card Accounts, or this Agreement (as well as any related orprior agreement that you may have had with us), you and we agree to resolve any such controversy, dispute,demand, claim, or cause of action exclusively through binding and confidential arbitration. The arbitration willtake place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean the Bankand its subsidiaries, affiliates, predecessors, successors, and assigns and all of its and their respective employees,officers, directors, agents, and representatives. In addition, “we” and “us” include any third party providing anyproduct, service, or benefit in connection with the Cards, the Card Accounts, or this Agreement (as well as anyrelated or prior agreement that you may have had with us) if such third party is named as a co-party with us in anycontroversy, dispute, demand, claim, or cause of action subject to this Section.



  34. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will beconducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantialexperience in resolving commercial contract disputes. As modified by this Agreement, and unless otherwiseagreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial ArbitrationRules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes(collectively, the “Rules and Procedures”). The AAA Rules are available at www.adr.org/arb_med or by directlycalling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with awritten Demand for Arbitration as specified in the AAA Rules.



  35. You should review this provision carefully. To the extent permitted by applicable law, you are GIVING UPYOUR RIGHT TO GO TO COURT to assert or defend your rights. Additionally, notwithstanding this agreementto arbitrate, either party may seek emergency equitable relief in federal court if it has jurisdiction or, if it does not,in a state court located in the federal judicial district of your residence in order to maintain the status quo pendingarbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts locatedwithin the federal judicial district of your residence for such purpose. A request for interim measures will not bedeemed a waiver of the obligation to arbitrate.



  36. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to aFAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULESAPPLICABLE IN COURT. Arbitrators’ decisions are as enforceable as any court order and are subject to VERYLIMITED REVIEW BY A COURT. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitratorbased the award.


You and we must abide by the following rules: (A) ANY CLAIMS BROUGHT BY YOU OR US MUST BEBROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (B) THE ARBITRATORMAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDEOVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARDCLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will beprohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees inconnection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) we also reserve the right in our sole and exclusive discretionto assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honor claims ofprivilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we maydisclose the existence, content, or results of any arbitration, except as may be required by law or for purposes ofenforcement of the arbitration award; (g) subject to Section 31 (Limitation of Liability), the arbitrator may awardany individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party willpay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party tobe paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to theprevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law.


This Section will survive termination of your Card Account or this Agreement as well as any voluntary paymentof any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of thisSection (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed tobe invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of thisarbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid,unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (a) or (b) of thisSection is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be nulland void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court ratherthan in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, ina state court located in the federal judicial district of your residence.


For more information on the AAA, the Rules and Procedures, or the process for filing an arbitration claim, youmay call the AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

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