Immediate
IMPORTANT — PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. YOU MAY REJECT THE ARBITRATION PROVISION BY SENDING WRITTEN NOTICE WITHIN THIRTY (30) DAYS AFTER YOU FIRST RECEIVE A CARD. THE BANK DOES NOT ISSUE, MAINTAIN, OR SERVICE YOUR IMMEDIATE ACCOUNT, WHICH IS OFFERED BY TERN COMMERCE INC. ("PROGRAM MANAGER"), A SEPARATE ENTITY. IF YOU ACCESS FUNDS BY ANY MEANS OTHER THAN YOUR CARD, THE BANK SHALL NOT BE RESPONSIBLE FOR ANY LOSS OF FUNDS THAT MAY RESULT.
This Prepaid Card Cardholder Agreement ("Agreement") is between you and Cross River Bank ("Bank"), governing the Immediate Prepaid Card Program ("Program"). The Program is administered by Tern Commerce Inc. ("Program Manager"). The terms of the Program Manager's services are governed by the Immediate Terms of Service (available at www.joinimmediate.com) and other agreements between you and the Program Manager (collectively, "Service Agreements"). The Bank is not a party to the Service Agreements and has no liability to you for Program Manager's services. In the event of any inconsistency between this Agreement and the Service Agreements, this Agreement shall govern with respect to Card transactions, use of the Card, and your relationship with the Bank.
BY ACTIVATING OR USING YOUR CARD, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, THE PROGRAM MANAGER'S TERMS OF SERVICE, AND THE BANK'S PRIVACY POLICY.
"Card" means the Prepaid Card issued by the Bank, including any physical card and virtual card.
"Card Account" means the custodial prepaid account as defined in Regulation E, 12 C.F.R. § 1005.2(b)(3).
"Communication(s)" means any and all records, notices, disclosures, statements, and other items we provide or are required to provide to you in connection with this Agreement and your Card Account.
"Dispute" means any claim, controversy, or disagreement between you and the Bank arising out of or relating to this Agreement, the Card, or the Card Account.
"Program Manager" means Tern Commerce Inc., the entity that administers the Program on behalf of the Bank.
"Regulation E" means the Electronic Fund Transfers regulation promulgated by the Consumer Financial Protection Bureau at 12 C.F.R. Part 1005.
"You" / "Your" means the individual who receives and is authorized to use the Card.
"We" / "Us" / "Our" means the Bank, its successors, affiliates, and assignees.
Capitalized terms not defined herein have the meanings set forth in the Program Manager's Terms of Service.
The following is a comprehensive list of all fees that may apply to Your Card Account:
List of all fees for Immediate Prepaid Card
Your funds are eligible for FDIC insurance. Your funds will be held at Cross River Bank, an FDIC-insured institution. Once there, your funds are insured up to $250,000 by the FDIC in the event Cross River Bank fails, if specific deposit insurance requirements are met and your card is registered. See fdic.gov/deposit/deposits/prepaid.html for details.
No overdraft/credit feature
Contact Tern Commerce Inc. by calling 888-907-9764, by mail at Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305, or visit www.joinimmediate.com
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.
Your Right to Fee Information. You may request a current fee schedule at any time by contacting Customer Service. An up-to-date fee schedule is always available at www.joinimmediate.com/cardholderagreement or by calling 888-907-9764. Pursuant to Regulation E and the Prepaid Accounts Rule, you are entitled to receive the short-form disclosure before acquiring this Card. If you did not receive it, please contact Customer Service.
Incidence-Based Fees. We do not charge periodic fees merely for holding a Card Account. Fees are only incurred when you initiate a specific transaction or request a specific service as described above. We will not charge you a fee unless it is listed in this Fee Schedule.
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. When you request to open an account, the Program Manager will collect your name, physical address, date of birth, Social Security Number, and other identifying information. By accepting the Card, you authorize the Program Manager to share this information with the Bank.
What This Means for You. We are required to verify your identity. You may be asked to present a government-issued photo identification. If we are unable to verify your identity, we may be unable to open your account.
Registration Benefits. Under the Prepaid Accounts Rule, certain protections — including full Regulation E error resolution rights and limits on your liability for unauthorized transfers — are available once your Card Account has been successfully created and your identity verified.
(a) Your Consent. To the extent permitted by applicable law, and in accordance with the E-SIGN Act, you consent to use electronic signatures and to electronically receive all Communications that we may otherwise be required to send or provide in paper form. Your consent is voluntary. You are not required to consent to electronic delivery as a condition of obtaining the Card, except to the extent the Card Account is offered only electronically. By accepting this Agreement electronically, you represent that: (i) you have read and understand this consent to electronic Communications; (ii) you satisfy the minimum hardware and software requirements specified below; (iii) you affirmatively consent to receive Communications electronically; and (iv) your consent will remain in effect until you withdraw it.
(b) Withdrawal of Consent. You may withdraw consent by writing to Program Manager at Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305. Withdrawal of consent will result in cancellation of your Card. Withdrawal is effective after a processing period of up to ten (10) business days and does not apply to Communications already delivered. If you withdraw consent: (i) Your Card may be canceled and you may no longer be able to participate in the Program. (ii) Withdrawal is effective after we have had a reasonable period, not to exceed ten (10) business days, to process your request. (iii) Withdrawal does not apply to Communications already delivered electronically. (iv) Withdrawal of consent does not affect the legal validity or enforceability of any Communication previously provided to you electronically.
(c) Current Contact Information. You must keep your email, phone number, and other contact information current with the Program Manager. Communications sent to the most recent contact information on file are deemed effective.
(d) Retention. You should print or electronically store copies of all Communications.
(e) Hardware/Software Requirements. To access Communications, you must have: (i) a valid email address or phone number; (ii) a computer or mobile device with internet access; (iii) a current-version web browser with 256-bit encryption; (iv) a current-version PDF reader (e.g., Adobe Acrobat); and (v) a printer or electronic storage capability.
(f) Changes. We reserve the right to communicate in paper form or to discontinue or modify electronic Communications upon notice as permitted by law.
To participate in the Program, you must: (a) maintain a Card Account; (b) accept this Agreement, the Bank's Privacy Policy, and the Program Manager's Terms of Service and Privacy Policy; (c) be a U.S. resident at least 18 years of age (or the age of majority in your state); and (d) provide all requested identifying information. You represent and warrant continued compliance with these requirements throughout your participation.
The Card is issued by the Bank and remains Bank property. The Card: (a) is not a gift card or gift certificate; (b) is not redeemable for cash; (c) is non-transferable and may not be resold or assigned; (d) may be canceled, repossessed, or revoked at any time without prior notice, subject to applicable law; and (e) is not intended for business use. We may refuse to process any transaction that may violate applicable law or this Agreement. The Card may be canceled, repossessed, or revoked without prior notice, subject to Applicable Law as set forth in Section 33.
To obtain a physical Card, follow the directions provided by the Program Manager. Delivery generally takes seven (7) to ten (10) business days.
You must activate your Card before use by following the activation instructions provided by the Program Manager.
You must set a PIN before using the Card. Do not select a PIN based on easily identifiable personal information (e.g., date of birth, address, SSN). Memorize your PIN. Do not share your PIN or write it on or store it with the Card.
You may add your Card to supported digital wallets ("Digital Wallets"), subject to the Digital Wallet Terms. You may need a PIN for POS transactions initiated through a Digital Wallet.
Treat your Card number with the same care as cash. Do not share your Card number or PIN. Do not transmit your Card number via unencrypted email or text. Ensure encryption when transacting over the internet or wireless networks. Contact Customer Service immediately if you believe unauthorized access has occurred.
Contact Customer Service immediately at 888-907-9764 if you believe your Card or Card number has been lost, stolen, or compromised. Both physical and virtual Cards will be canceled and a replacement issued. You may be required to provide identifying information, Card number, and transaction history to process the replacement.
You may not request a Card for another individual.
You are responsible for all transactions and fees incurred by any person to whom you grant Card access. Transactions are considered unauthorized only after you notify us that the person is no longer authorized. Revocation of authorization may require Card closure and reissuance.
(a) Purchases. You may use your Card at any merchant accepting Mastercard® debit/prepaid cards, subject to available Card Account balance, transaction limits, and this Agreement. You may not use the Card for internet gambling transactions. We may block transactions with certain merchants or merchant categories for security, fraud prevention, or compliance reasons. You may not use the Card for illegal or prohibited transactions. We may freeze or deactivate your Card upon detection of suspicious activity.
(b) Merchant Holds. Certain merchants (e.g., hotels, gas stations, rental car companies) may place a hold on your Card Account balance exceeding the final transaction amount. Held funds are unavailable until the final transaction amount is received, which may take up to seven (7) days.
(c) Cash Access. With your PIN, you may obtain cash at ATMs and POS devices displaying the Mastercard® or Cirrus® marks, subject to your available balance and transaction limits. ATM operators may impose additional fees, including for balance inquiries.
We reserve the right, without notice and to the extent permitted by law, to: (a) change transaction limits; (b) limit, block, or hold certain transactions; and (c) limit, suspend, or block transfers involving particular persons or entities.
You are responsible for monitoring your Card Account balance. Merchants generally cannot determine your available balance. Transactions exceeding available funds may be declined; however, if a transaction is completed in excess of available funds, you remain liable for the full amount.
Transaction history is available through the Program Manager's application and/or website at www.joinimmediate.com and the Immediate mobile app. We do not provide periodic statements for your Card Account. Instead, your balance, electronic transaction history, and written transaction history are available to you as described in this Section.
You have the right to receive at least twelve (12) months of electronic account transaction history at no charge through the Program Manager's website or application. In addition:
No preauthorized recurring transfers are permitted from the Card Account.
Transactions in currencies other than U.S. dollars will be converted at a rate selected from wholesale currency markets, which may differ from the rate on the transaction date. A Foreign Transaction Fee of 2.5% (based on the U.S. dollar amount) applies to all transactions with merchants located outside the U.S., even if completed in U.S. currency.
Retain receipts for all Card transactions. You agree to verify and reconcile all transactions and receipts.
Your Right to a Receipt. At the time you initiate an electronic fund transfer at an electronic terminal (including an ATM or POS device), you are entitled to receive a written receipt documenting the transfer. The receipt will include the amount, date, and type of transfer, and such other information as required by Regulation E.
Cash refunds are not available for Card transactions. Merchant credits will be applied to the Card. Disputes regarding goods or services must be resolved directly with the merchant.
If a merchant issues a credit but it does not appear on your account within seven (7) days, contact Customer Service. You may also have the right to initiate an error resolution claim under Section 27 of this Agreement.
A. Our Commitment to Your Privacy. Your privacy is important to us. This Section describes how we collect, use, disclose, and protect your personal financial information in compliance with the Gramm-Leach-Bliley Act ("GLBA") and its implementing regulations, including Regulation P, and applicable New Jersey privacy laws.
B. Information We Collect. We may collect the following categories of nonpublic personal information ("NPI") about you: (i) Information you provide to us (or that the Program Manager provides on your behalf), such as your name, address, date of birth, Social Security Number, email, and phone number; (ii) Transaction information, such as your Card Account balance, transaction history, and payment activity; (iii) Information from consumer reporting agencies, such as your credit history (if applicable); and (iv) Information from other sources, such as identity verification services.
C. How We Use and Share Your Information. You consent to our use and disclosure of NPI to third parties about you, your Card, and related transactions: (i) as necessary to effect, administer, or enforce a transaction or to provide you with the services described in this Agreement; (ii) to service providers and agents who perform services on our behalf and who are contractually bound to protect your information; (iii) to protect against or prevent actual or potential fraud, unauthorized transactions, or other liability; (iv) to comply with government agency or court orders, subpoenas, or legal process; (v) as permitted or required by applicable law; and (vi) as otherwise described in our Privacy Policy.
D. Your Right to Opt Out of Certain Sharing. Under the GLBA, you have the right to limit certain types of information sharing. Specifically: (i) Affiliates' Everyday Business Purposes (Marketing): You have the right to opt out of the Bank sharing your information with its affiliates for marketing purposes. To opt out, contact us at 888-907-9764 or write to Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305. (ii) Non-Affiliate Third-Party Marketing: We do not share your personal information with non-affiliated third parties for their marketing purposes, unless you provide your express consent. (Modify if applicable.) (iii) Joint Marketing Partners: We may share your information with companies with whom we have joint marketing arrangements. These partners are contractually obligated to protect your information. To exercise your opt-out rights, contact us at 888-907-9764 or write to Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305.
E. Your Right Under State Law. If you are a resident of a state that provides additional privacy protections (e.g., California, Vermont, Maine, New Jersey), you may have additional rights regarding the sharing and use of your information. Please contact Customer Service or refer to our full Privacy Policy for state-specific information.
We maintain physical, electronic, and procedural safeguards to protect your NPI, including: (i) encryption of electronic data transmissions; (ii) access controls and authentication protocols; (iii) employee training on information security; (iv) regular security assessments and audits; and (v) contractual requirements imposed on service providers to safeguard your information.
These safeguards comply with the Interagency Guidelines Establishing Standards for Safeguarding Customer Information or state equivalent and the FTC Safeguards Rule, as applicable.
G. Privacy Policy. For our complete Privacy Policy, including the GLBA Privacy Notice, please visit https://www.ternitup.com/privacypolicy/ or contact Customer Service. You are entitled to receive a copy of our Privacy Notice at any time upon request.
H. Children's Privacy. We do not knowingly collect personal information from children under the age of 13, and we comply with the Children's Online Privacy Protection Act (COPPA), where applicable.
The Card expiration date is printed on the Card. We may issue a replacement upon expiration. Contact Customer Service and verify your identity for any replacement needs. When we issue you a replacement Card, your Card Account number may change. We will make reasonable efforts to notify you in advance and provide you with your new Card information as promptly as possible. Any preauthorized merchants may need to be updated with your new Card information.
We may be liable for losses resulting from failure to complete a Card transaction on time or in the correct amount. We are not liable if: (a) insufficient available funds exist; (b) circumstances beyond our control prevent the transaction; (c) the terminal was malfunctioning and you were aware; (d) funds are subject to legal process; (e) the merchant refuses the Card; (f) the Card was reported lost or stolen and blocked; (g) we reasonably believe the transaction is unauthorized; (h) the Card is damaged; (i) the ATM has insufficient cash; or (j) any other exception in this Agreement applies.
Contact Customer Service promptly if you believe an error has occurred.
WHAT IS AN "ERROR"? The term "error" includes: (i) An unauthorized electronic fund transfer; (ii) An incorrect electronic fund transfer from or to your Card Account; (iii) An omission from your transaction history of an electronic fund transfer that should have been included; (iv) A computational or bookkeeping error made by us relating to an electronic fund transfer; (v) Your receipt of an incorrect amount of money from an ATM; (vi) An electronic fund transfer not identified in accordance with Regulation E; or (vii) Your request for documentation, additional information, or clarification concerning an electronic fund transfer.
You must report an error within sixty (60) days after the earlier of: (i) the date you electronically access your Card Account, if the error could be viewed in your electronic transaction history; or (ii) the date we send you the first written transaction history on which the error appeared.
Provide: Your name, account information, description of the believed error, and dollar amount involved.
Investigation Timeline:
We will notify you of results within three (3) business days of completing the investigation.
Notify Customer Service immediately if your Card, PIN, or Card information has been lost, stolen, or compromised.
Under the Bank's zero fraud liability protection, you will not be liable for unauthorized transactions reported within sixty (60) days after the earlier of: (i) the date you electronically access your Card Account, if the unauthorized transaction could be viewed in your electronic transaction history; or (ii) the date we send you the first written transaction history on which the unauthorized transaction appeared. Failure to report within that sixty (60) day period may result in liability for unauthorized transactions occurring after that period if we can demonstrate the loss was preventable with timely notice. Reasonable extensions apply for extenuating circumstances (e.g., extended travel, hospitalization).
This protection applies to "unauthorized electronic fund transfers" as defined under Regulation E.
We may assign this Agreement without your consent to the extent permitted by law. You may not assign or transfer your Card or this Agreement without our prior written consent.
If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary, and remaining provisions shall remain in full effect. No delay or failure to exercise rights constitutes a waiver.
We may amend this Agreement at any time, subject to applicable law, by posting an updated version at www.joinimmediate.com/cardholderagreement or delivering notice electronically.
This Agreement constitutes the entire agreement between you and the Bank regarding the Program, superseding all prior understandings.
We may cancel or suspend your Card or this Agreement at any time, for any reason, without notice, to the extent permitted by law. You may cancel at any time by contacting Customer Service. Cancellation does not affect prior accrued rights or obligations. Upon cancellation, any remaining balance will be returned to you in accordance with applicable law, less any applicable fees.
You agree that we may monitor and record telephone calls and electronic communications for quality assurance and legal compliance purposes.
Telephone Consumer Protection Act (TCPA). By providing your telephone number, you consent to receive calls and text messages from Tern Commerce Inc. (including via automated technology) for account-related, transactional, and marketing purposes, as permitted by law. Consent is not a condition of purchase. You may opt out of marketing texts at any time by replying STOP, and you may opt out of calls by contacting Tern Commerce Inc. at support@ternitup.com, or by any other reasonable means.
We do not guarantee uninterrupted website availability. We are not responsible for temporary interruptions due to maintenance, system failures, or causes beyond our control. You agree to use the website lawfully and not to interfere with its systems or integrity.
This Agreement is governed by and construed under the laws of the State of New Jersey, consistent with the Federal Arbitration Act, without regard to conflict-of-law principles.
You agree to defend, indemnify, and hold harmless the Bank and its parents, subsidiaries, affiliates, employees, contractors, officers, and directors from any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of this Agreement, applicable law, third-party rights, fraud, or willful misconduct.
EXCEPT AS REQUIRED BY APPLICABLE LAW, THE BANK, ITS AFFILIATES, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE CARD, TRANSACTIONS, PRODUCTS OR SERVICES PURCHASED USING THE CARD, OR THIS AGREEMENT.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. THIS SECTION (ALSO REFERRED TO HEREIN AS THE “ARBITRATION PROVISION”) PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT AND THE RIGHT TO HAVE A JURY DECIDE A DISPUTE. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS DESCRIBED BELOW.
a. Arbitration. By accepting this Arbitration Provision, you agree that either party to this Agreement, or any subsequent assign of this Agreement, may, in its sole election, require that the sole and exclusive forum and remedy for resolution of a Claim be final and binding arbitration pursuant to this "Arbitration Provision, unless you opt out as provided in paragraph (b) of this Arbitration Provision. If arbitration is chosen by any Party, neither you nor we will have the right to litigate that Claim in court or to have a jury trial on that dispute. Pre-arbitration discovery will be permitted only as allowed by applicable arbitration rules. The arbitrator's decision will generally be final and binding. Other rights that you would have if you went to court may also not be available in arbitration. It is important that you read the entire Arbitration Provision carefully before accepting the terms of this Arbitration Provision. As used in this Arbitration Provision, "Claim" shall include any past, present, or future claim, dispute, or controversy involving you (or persons claiming through or connected with you), on the one hand, and us and/or any assign (or persons claiming through or connected with us and/or any assign), on the other hand, relating to or arising out of this Agreement and/or the activities or relationships that involve, lead to, or result from this Agreement, including (except to the extent provided otherwise in the last sentence of paragraph (f) below) the validity or enforceability of this Arbitration Provision or any part thereof, to the maximum extent permitted by the Federal Arbitration Act (the “FAA”), or the entire Agreement. Claims are subject to arbitration regardless of whether they arise from contract; tort (intentional or otherwise); a constitution, statute, common law, or principles of equity; or otherwise. Claims include matters arising as initial claims, counter-claims, cross-claims, third-party claims, or otherwise. The term “Claim” under this Arbitration Provision is to be given the broadest possible interpretation that is enforceable.
b. Your Right to Opt Out. You may opt out of this Arbitration Provision for all purposes by sending us a written arbitration opt-out notice to Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305. The opt-out notice must be provided within thirty (30) days of the date of your electronic acceptance of the terms of this Agreement, and it must clearly state that you are rejecting arbitration. The opt-out notice should include your name, address, and Account number, and should be signed by you. You may send the opt-out notice in any manner you see fit as long as it is received at the specified address within the specified time. The opt-out notice is the sole and only method by which you can opt out of this Arbitration Provision. No other methods can be used to opt-out of this Arbitration Provision. If the opt-out notice is sent on your behalf by a third party, such third party must include evidence of his or her authority to submit the opt out notice on your behalf. You agree that our business records will be final and conclusive evidence with respect to whether you cancelled or opted out of this Arbitration Provision in a timely and proper fashion.
c. Arbitration Procedures. The party initiating arbitration shall do so with the American Arbitration Association (the "AAA") or JAMS. The arbitration shall be conducted by a neutral arbitrator in accordance with the AAA’s then-current Consumer Arbitration Rules and procedures (collectively, “the "AAA Rules”), or according to the then-current rules and procedures of JAMS, as applicable.
For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. Information on JAMS can be found here, http://www.jamsadr.com. If there is any inconsistency between any term of the AAA Rules (or JAMS rules, as applicable) and any term of this Arbitration Provisions, the applicable terms of this Arbitration Provision will control unless the arbitrator determines that the application of the inconsistent Arbitration Provision terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of the Agreement as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Provision. Although arbitration proceedings differ from trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless the parties to the arbitration agree otherwise, any arbitration hearings will take place in a
reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. JAMS requires that you have the right to an in-person hearing in your hometown area.
d. Costs. If we (or any assign) elect arbitration, we (or the assign, as the case may be) shall pay all the administrator's filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the rules of the administrator selected, or in accordance with countervailing law if contrary to the administrator’s rules. We (or the assign, as the case may be) shall pay the administrator's hearing fees for one full day of arbitration hearings. Fees for hearings that exceed one day will be paid by the party requesting the hearing, unless the administrator's rules or applicable law require otherwise, or you request that we (or the assign) pay them and we agree (or the assign agrees) to do so. Each party shall bear the expense of its own attorneys' fees, except as otherwise provided by law. If a statute gives you the right to recover any of these fees, these statutory rights shall apply in the arbitration notwithstanding anything to the contrary herein.
e. Arbitration Award and Appeals. Within 30 days of a final award by the arbitrator, any party may appeal the award for reconsideration by a three-arbitrator panel selected according to the rules of the arbitrator administrator. In the event of such an appeal, any opposing party may cross-appeal within 30 days after notice of the appeal. The panel will reconsider de novo all aspects of the initial award that are appealed. Costs and conduct of any appeal shall be governed by this Arbitration Provision and the administrator’s rules, in the same way as the initial arbitration proceeding. Any award by the individual arbitrator that is not subject to appeal, and any panel award on appeal, shall be final and binding, except for any appeal right under the FAA, and may be entered as a judgment in any court of competent jurisdiction.
f. Exclusions. We agree not to invoke our right to arbitrate an individual Claim you may bring in Small Claims Court or an equivalent court, if any, so long as the Claim is pending only in that court.
g. Waiver of Class Action. NO ARBITRATION SHALL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS (INCLUDING AS PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS), EVEN IF THE CLAIM OR CLAIMS THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of the named parties only, and only with respect to the claims in arbitration, and shall not (i) determine the rights, obligations, or interests of anyone other than a named party, or resolve any Claim of anyone other than a named party; nor (ii) make an award for the benefit of, or against, anyone other than a named party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this paragraph [g] and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. Any challenge to the validity of this paragraph [g] shall be determined exclusively by a court and not by the administrator or any arbitrator.
h. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the FAA. The arbitrator will apply substantive law consistent with the FAA and applicable statutes of limitations. The arbitrator may award damages or other types of relief permitted by applicable substantive law, subject to the limitations set forth in this Arbitration Provision. The arbitrator will not be bound by judicial rules of procedure and evidence that would apply in a court. The arbitrator shall take steps to reasonably protect confidential information.
i. This Arbitration Provision shall survive (i) suspension, termination, revocation, closure, or amendments to this Agreement and the relationship of the parties and/or assignee; (ii) the bankruptcy or insolvency of any party or other person; and (iii) any transfer of any loan or this Agreement to any other person or entity. If any portion of this Arbitration Provision is deemed invalid or unenforceable, the remaining portions of this Arbitration Provision shall nevertheless remain valid and in force. If an arbitration is brought on a class, representative, or collective basis, and the limitations on such proceedings in paragraph (g) are finally adjudicated pursuant to the last sentence of paragraph (f) to be unenforceable, then no arbitration shall be had. In no event shall any invalidation be deemed to authorize an arbitrator to determine Claims or make awards beyond those authorized in this Arbitration Provision.
j. THE PARTIES ACKNOWLEDGE THAT THEY MAY HAVE A RIGHT TO LITIGATE CLAIMS THROUGH A COURT BEFORE A JUDGE OR JURY, BUT WILL NOT HAVE THAT RIGHT IF ANY PARTY ELECTS ARBITRATION PURSUANT TO THIS ARBITRATION PROVISION. SUBJECT TO PARAGRAPHS (B) AND (F) OF THIS ARBITRATION PROVISION, THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
k. EXCEPTION: Active duty military servicemembers and their dependents are exempt from arbitration to the extent provided for in the Military Lending Act.
a. Any transaction initiated on a Card in a currency or country other than the currency or country in which the Card was issued (each, a “Foreign Transaction”) will be subject to a fee (“Foreign Transaction Fee”) set forth in this Agreement. A Foreign Transaction includes transactions when you use your Card in a foreign country, including without limit when you make a withdrawal at an ATM in a foreign country or to make a purchase from a merchant in a foreign country, either in person or online. In the event that a Foreign Transaction is reversed or canceled prior to settlement, we will reverse the Foreign Transaction Fee on that Foreign Transaction. This Foreign Transaction Fee is in addition to the currency conversion rate. If you effect a Foreign Transaction with your Card, Mastercard will convert the charge into a USD amount. The Mastercard currency conversion procedure includes use of either a government mandated exchange rate, or a wholesale exchange rate selected by Mastercard. The exchange rate Mastercard uses will be a rate in effect on the day the transaction is processed. This rate may differ from the rate in effect on the date of purchase or the date the transaction was posted to your account. We will not reimburse you for any exchange rate loss or fee, or for any Foreign Transaction Fee or any other fee you incur by using your Card for a Foreign Transaction. Any Foreign Transaction Fee charged to you for a cash withdrawal made at an ATM located outside the U.S. is in addition to any ATM withdrawal fee that we may charge.
b. No Warranty Regarding Goods and Services: We are not responsible for the quality, safety, legality, delivery, or any other aspect of any goods or services you purchase with your Card.
c. Electronic Communications: We may be required to provide certain legal and regulatory disclosures, periodic statements and confirmations, notices and other communications (collectively “Communications”) to you in written form. If you no longer have access to your account to receive the disclosures in electronic format then you may request the disclosures in written form.
All Communications from us relating to your use of or access to the Platform may be provided or made available to you electronically by email, text messaging (SMS), “in-app” messaging or by posting a Communication on the Platform, and that you can access the Communications in the designated formats described below. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us and our agents concerning your Card usage and access.
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
a. Posting them to your Account on our website or in an associated mobile application;
b. Posting them on or in a website or mobile application associated with us or the Platform;
c. Sending them via electronic mail to the email address you used to register for the Platform;
d. Sending them via text messaging (SMS) to the phone number you used to register for the Card; or
e. Otherwise communicating them to you via the Immediate Platform.
It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
It is your responsibility to keep your primary email address and mobile number registered with us up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic Communication but you do not receive it because your primary email address or mobile number registered with us is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. You can update your primary email address and other contact information by submitting a Support request or by logging into the Immediate Platform and navigating to your profile.
Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you may need to add us to your email address book so that you will be able to receive the Communications we send to you.
If you are requesting additional copies of Communications or withdrawing your consent, the following additional terms will apply:
a. You may contact us, or any applicable service provider, to request another electronic copy of the electronic Communication without a fee;
b. You may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date;
c. You may contact us to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications by calling 888-907-9764 or the toll-free telephone number on the back of your Card. You may write the Program Manager at Tern Commerce Inc., 3423 Piedmont Rd NE, Atlanta, GA 30305; and
d. We reserve the right to terminate your use of the Card and any associated service provider products and services if you decline or withdraw consent to receive electronic Communications.
FUNDS IN YOUR CARD ACCOUNT ARE INSURED BY THE FDIC THROUGH THE ISSUING BANK, SUBJECT TO APPLICABLE LIMITATIONS AND REQUIREMENTS OF FDIC REGULATIONS.
