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 Patriot Bank, N.A., member of the Federal Deposit Insurance Corporation (“FDIC”) (the “Bank”), and contains the terms and conditions 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 we maintain 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 YOUR CARD AND SELECTED A PERSONAL IDENTIFICATION NUMBER (“PIN”) ACCORDING TO THIS AGREEMENT. BY ACTIVATING YOUR CARD OR PARTICIPATING IN THE PROGRAM IN ANY WAY, YOUR PRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, AND YOU AGREE TO BE BOUND 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 THIS AGREEMENT 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 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 A CARD ACCOUNT, WE WILL ASK FOR YOUR NAME, ADDRESS, DATE OF BIRTH, AND OTHER INFORMATION THAT WILL ALLOW US TO IDENTIFY YOU. WE MAY ALSO ASK TO SEE A COPY OF YOUR DRIVER’S LICENSE OR OTHER 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 electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required 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 receive communications 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 until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time by contacting us at corp@volafinance.com. Suppose you withdraw your consent to receive Communications electronically. In that case, we reserve the right to close your Card Account and return your remaining Card Account as outlined in this Agreement (in which case you will no longer be able to use your Card or participate in the Program, except as expressly provided in this Agreement) or charge you a fee for paper copies of Communications. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.


You Must Keep Your Contact Information Current With Us. To ensure that we are able to provide communication's to you electronically, you must notify us of any change in your email address and your mobile device number or other text message address by updating your profile directly on the Vola App or by emailing us at corp@volafinance.com


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


Hardware and Software Requirements. To access and retain Communications provided to you electronically, you must have: (1) a valid email address; (2) a computer or other mobile device (such as a tablet or smartphone) that operates on a platform like Windows or a Mac environment; (3) a connection to the Internet; (4) a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0, Safari 5, or Chrome 15; (5) a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; (6) a computer or device and an operating system capable of supporting all of the above; and (7) a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software 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, at our sole discretion, we reserve the right to discontinue the provision of electronic Communications or to terminate or change the terms and conditions on which we provide electronic Communications. Except as otherwise required by applicable law, we will notify you of any such termination or change by updating this Agreement on the Website or delivering notice of such termination or change electronically.


  1. 1.     Registering for the Program. To participate in the Program, you must (a) accept and agree to this agreement, the Vola Terms of Service accessible at https://www.volafinance.com/terms-and-conditions, the Bank GLBA 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 where they 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 of changes to any User Information. If we approve your registration for a Card Account we will share with you a virtual Card.



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



  3. 3.     Card Account. You acknowledge and agree that the value available in your Card Account is limited to the funds added to your Card Account. The funds in your Card Account are held in a custodial account with us 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. You will 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 the age 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 Agreement and our Privacy Policy and agreed 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. To activate your Card, you will need to provide certain User Information to 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 some cases, the actual fee charged may be lower than the fee stated in the fee schedule. If you believe a fee was charged in error, contact Customer Service. Except as otherwise provided in this Agreement, all fees are deducted from your Card Account balance.



  6. 6.     Lost or Stolen Card or Compromised PIN. Contact Customer Service immediately if you believe: (a) your Card has been lost or stolen, (b) someone has gained unauthorized access to your PIN, or (c) someone has transferred or may transfer funds from your Card Account without your permission. Contacting us by telephone at 718-536-0507 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 using any of your Card and Card Account. If you permit another person to have access to your Card or Card number, we will treat this as if you have authorized such person to use the Card, and you will be liable for all transactions and fees incurred by such person, even if they exceed the authorization granted. Transactions will be considered unauthorized only after you notify us that the person is no longer authorized to use the Card. You are wholly responsible 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 cards or 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 Card number without presenting your Card (such as for mail order, telephone, or Internet purchase), the legal effect will be the same as if you used your Card itself. Each time you use your Card, you authorize us to reduce the value available in your Card Account by the amount of the transaction and any applicable fees. We reserve the right to reduce the value available in your Card Account to zero if your transaction(s) following any Vola Advance (as defined below) do not exhaust the amount of the Advance. You are not allowed to exceed the amount 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 liable to us for the full amount of the transaction and any applicable fees. You may not use your Card for online gambling or illegal transactions. We may temporarily “freeze” your Card Account and attempt to contact you if we 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 specific merchant locations, such as hotels, restaurants, gas stations, and rental car companies, where the final purchase amount is unknown at the time of authorization, a hold may be placed on the available funds in your card account for an amount equal to or in excess of the final transaction amount. The funds subject to the hold will not be available to you for any other purpose until the merchant sends us the final transaction amount. Once we receive the final transaction amount, it may take up to [seven] days for the hold to be removed. During that period, you will not have access to the funds subject to the hold. Please be advised that you may experience difficulties using your Card at unattended vending machines, kiosks, and gas station pumps. If your Card is declined at a “pay at the pump” gas station even though you have sufficient funds available, you should pay for your purchase inside with the cashier.



  10. 10.     Adding Funds to Your Card. As part of your product use, Vola will fund your Card each time you make a transaction by providing you an advance (“Advance”). Advances will be provided pursuant to the Vola Terms of service, and your use of the Advance will be subject to those terms. You may not add funds to your card account by sending personal checks, cashier’s checks, or money orders to the Bank. The Bank will return all checks and money orders unless your Card Account has a negative balance, in which case the Bank may, in its sole discretion, apply the proceeds of the check or money order towards the negative balance of your card account. 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 any advance we provide to you from time to time. The maximum value of your Card Account at any time may be$1,000. To protect your Card Account, we may temporarily limit the dollar amount, number, and type of transactions performed using your Card and your Card Account. To the extent permitted by applicable law, we reserve the right to (a) change the transaction limits; (b) limit, block, or place a hold on certain types of transfers or transactions: and (c) limit, suspend, or block transfers from particular persons, entities, or Card Accounts.



  12. 12.     Card Account Balance. It is important to know the amount of available funds in your Card Account before performing a transaction. If you do not have sufficient available funds in your Card Account to cover the transaction amount, the transaction will be declined. You acknowledge and agree that the funds available to perform transactions are limited to the funds that have been added to your Card Account that are not subject to hold. You are not authorized to use funds added to your Card Account in error. Any transaction that could create a negative balance for your Card Account is not permitted but may occur in limited circumstances. Adjustments may be made to your Card Account to reverse an error, reflect a merchant adjustment, or resolve a dispute regarding a transaction posted to your Card Account. These processing and adjustment entries could cause your Card Account to have a negative balance. If your Card Account has a negative balance, you agree: (a) that we may automatically apply any subsequent deposits to your Card Account to satisfy the negative balance and (b) to pay us on demand by a personal check, money order, or other payment method authorized by us for the amount of the negative balance. Suppose no future funds are added to your Card Account. In that case, we may send you a notice explaining the reason for the adjustment and requesting payment by a personal check, money order, or another payment method to satisfy the negative balance. Payments should be mailed to us at the address provided below or the address stated in the applicable notice.



  13. 13.     Transaction History. You may obtain information about the money you have remaining in your prepaid account by logging into the Vola App and clicking on the Virtual Card banner on the home page, or emailing us athello@volafinance.com. This information, along with a 12-month history of Card Account transactions, is also available 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 the written history of account transactions by writing us at hello@volafinance.com. You will not be charged a fee for this information 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 your card Account. In addition, if you provide your mobile phone number or other text message address to us, you expressly consent to receive text messages relating to your Card Account at that number or address. Third-party data and message fees may apply.



  16. 15.     Verified Mobile Device. To use the App and other Program services with your mobile device, you must provide a valid mobile device number or text message address on the Website or App and verify such number or text message address as instructed by us. To verify your mobile device number or text message address, we may send you a code via text message to the mobile device number or text message address you provide, and you must enter that code as instructed by us. If you change your mobile device number or text message address, you must promptly 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 Card transactions and receipts.



  18. 17.     Refunds. You will not receive cash refunds for Card transactions. If a merchant gives you credit for merchandise returns or adjustments, the merchant may do so by processing a credit adjustment, which we will credit 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 be addressed 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 or in the correct amount according to this Agreement, we may be liable for your losses or damages. However, there are some exceptions. We will not be liable if: (a) through no fault of ours, you do not have enough available funds in your Card Account to perform the transaction; (b) circumstances beyond our control (such as fire, flood, water damage, power failure, strike, labour 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-sale terminal was not working correctly, and you knew about the problem when you initiated the transaction; (d) the funds in your Card Account are subject to legal process or are otherwise not available for transactions; (e) the merchant refuses to accept your Card; (f) if access to your Card has been blocked after you reported your Card lost or stolen; (g) if we have reason to believe the transaction is unauthorized; (h) the transaction cannot be completed 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 address provided below as soon as you can if you think an error has occurred involving your Card Account. We must hear from you no later than 60 days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic transaction history, or the date we sent the FIRST written transaction history on which the error appeared. When you notify us about an error involving your Card Account, you will need to tell us: (a) your name and Card number; (b) why you believe there is an error and the dollar amount involved, and (c) approximately when the error took place. If you tell us orally, we will mail you a form to complete and return. You must return the form or your letter outlining the details of the error to Customer Service at the address provided below within ten business days of your oral notification. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate the complaint or question. If we decide to do this, and your account is registered with us, we will credit your Card Account within ten business days for the amount you think is in error, so that you will have the use of the funds credited to your Card Account during the time it takes us to complete our investigation. If we ask you to put your complaint in writing and we do not receive it within 10 business days, we may not credit your Card Account. Keep reading to learn more about how to register your Card. For errors involving new Card Accounts, or debit point-of-sale transactions, we may take up to 90 days to investigate a complaint or question. For new Card Accounts, we may take up to 20 business days to credit your Card Account for the amount you think is an error. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. Suppose we have provisionally credited your Card Account during the investigation and determined that there was no error. In that case, you will be required to return the credited amount you have received from us. You may ask for copies of the documents that we used in our investigation. If you need more information about our error resolution process, contact Customer Service. It is important to register your Card Account as soon as possible. Until you register your Card Account, and we verify your identity, we are not required to research or resolve any errors regarding your Card Account. To register your Card Account, go to the Vola App- sign into your Vola Account and ensure that your Vola Card is activated or contact Customer Service. We will ask you for identifying information about yourself (including your full name, address, date of birth, and [Social Security Number] [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 card account is $0.00 if: (a) your Card Account is in good standing; (b) you have exercised reasonable care in safeguarding your Card Account from unauthorized use (i.e., you did not provide, directly, by implication, or otherwise, 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 stolen or your PIN has been compromised, or you believe a transaction has been made without your permission using information from your Card Account. Contact Customer Service immediately at the number or address provided below to keep possible losses to a minimum. Contacting us by telephone at 718-536-0507 is the best way to minimize possible losses. You could lose all the money in your Card Account. If you tell us within two business days after you learn of any unauthorized transactions, you will lose no more than $50 if someone accessed your card Account without your permission. If you DO NOT tell us within two business days after you learn of an unauthorized transaction, and we can prove we could have stopped someone from accessing your Card Account without your permission if you had told us, you could lose as much as $500. Also, if your Card Account transaction history or other information shows transfers that you did not make or authorize, tell us at once. If you do not tell us within 60 days after the information is made available to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip, a hospital stay, or other extenuating circumstances) kept you from telling us, we will extend the times specified above to a reasonable period. 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 Account.



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



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



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



  26. 25.     Amendment. We may add to, delete, or amend this Agreement at any time in our sole discretion without providing notice to you, subject to applicable law. We reserve the right, subject to applicable law, to deliver any notice of changes to existing terms or the addition of new terms by posting an updated version of this Agreement on the Website or delivering notice of changes to you electronically.



  27. 26.     Entire Agreement. This Agreement constitutes the whole and sole Agreement between you and us with respect to the 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 cancel your Card, your Card Account, or this Agreement at any time by notifying Customer Service at the number or address provided below. This Agreement's cancellation or suspension will not affect any of our rights or your obligations arising under this Agreement before such cancellation or suspension. In the event that your card account is canceled, closed, or terminated for any reason, you may request the unused balance to be returned to you via a check to the mailing address we have in our records. The Bank reserves the right to refuse to return the unused 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 by the laws of the State of Connecticut, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the 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 directors against any 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, or any third-party rights or your fraud or wilful misconduct. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defences.



  32. 31.     LIMITATION OF LIABILITY. Except as otherwise expressly provided in this Agreement or as otherwise required by applicable law, we, our affiliates, and the parties with whom we contract 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 Card Accounts, any products or services purchased using Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us).

  33. 32.     DISPUTE RESOLUTION BY BINDING ARBITRATION; JURY TRIAL WAIVER; CLASS ACTIONWAIVER. For any 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 or prior 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 will take place in the federal judicial district of your residence. As used in this Section, “we” and “us” mean the Bank and 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 any product, service, or benefit in connection with the Cards, the Card Accounts, or this Agreement (as well as any related or prior agreement that you may have had with us) if such third party is named as a co-party with us in any controversy, dispute, demand, claim, or cause of action subject to this Section.



  34. The arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator from the American Arbitration Association (“AAA”) with substantial experience resolving commercial contract disputes. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules 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 directly calling the AAA at 1-800-778-7879. A party who desires to initiate arbitration must provide the other party with a written 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 UP YOUR RIGHT TO GO TO COURT to assert or defend your rights. Additionally, notwithstanding this agreement to arbitrate, either party may seek equitable emergency 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 pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within the federal judicial district of your residence for such purpose. A request for interim measures will not be deemed 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 a FAIR HEARING, BUT the arbitration procedures may be SIMPLER AND MORE LIMITED THAN RULES APPLICABLE 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 arbitrator based 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 be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection 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 discretion to assume responsibility for any or all of the costs of the arbitration; (e) the arbitrator will honour claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) subject to Section 31 (Limitation of Liability), the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing 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 payment of any debt in full by you or any bankruptcy by you or us. With the exception of subparts (a) and (b) of this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration 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 this Section is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought 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.


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

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