You may request an additional Card for another person.  The maximum number of additional Cards permitted is three (3).  You must notify us to revoke permission for any person you previously authorized to use the Card.  If you notify us to revoke another person’s use of the Card, we may revoke your Card and issue a new Card with a different number.  You remain liable for any and all usage of an additional Card you authorize.

Activation

You must activate your Card before it can be used.  You may activate your Card by calling 1-877-237-6262.  You will need to provide personal information in order to verify your identity.

Personal Identification Number

You will receive a Personal Identification Number (“PIN”) with your Card Account.  You should not write or keep your PIN with your Card. Never share your PIN with anyone.  When entering your PIN, be sure it cannot be observed by others and do not enter your PIN into any terminal that appears to be modified or suspicious.   If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately following the procedures in the paragraph labeled “Your Liability for Unauthorized Transfers.”

Cash Access

With your PIN, you may use your Card to obtain cash from any Automated Teller Machine (“ATM”) or any Point-of-Sale (“POS”) device, as permissible by merchant, that bears the MasterCard^®, Maestro^®, Cirrus^® or MoneyPass^® Acceptance Mark.^® All ATM transactions are treated as cash withdrawal transactions.  You may use your Card at an ATM.  The maximum cumulative amount that may be withdrawn from an ATM per day is $500.00.  Any funds withdrawn from a POS device or through a participating bank (over the counter withdrawal) will be subject to the maximum amount that can be spent on your Card per day. 

Loading Your Card

You may add funds to your Card, called “value loading”, at any time.  The minimum amount of the initial value load and reload is $20.00 if loading via cash and $0.01 if loading via direct deposit.  The maximum amount of the initial value load and reload is $950.00 if loading via cash at Western Union® locations, $999.00 if loading via cash at MoneyGram® locations, $1,100.00 if loading cash via Green Dot® MoneyPak®, and $10,000.00 if loading via direct deposit.  The maximum number of times you may load your Card per day is two (2).  You may add value or load your Card at over 100,000 MoneyGram agent locations, at tens of thousands of Green Dot Financial Network locations, or at tens of thousands of Western Union agent locations. To obtain information for cash loads, go to http://www.bankfreedom.com/addcash or by calling us at 1-877-237-6262.  You may also load your Card via direct deposit. There is a detachable direct deposit form with your Account & Routing Number to give to your employer for direct deposit.

You may also view your account and routing number by downloading your direct deposit form at http://www.bankfreedom.com/directdeposit or by calling us at 1-877-237-6262. For cash loads, you will access to your funds immediately after activation and within one (1) hour after reloading. For Direct Deposit/ACH you will have access to your funds the same day as received. Personal checks, cashier's checks, and money orders sent to the Issuer are not an acceptable form of loading. All checks and money orders sent to the Issuer for Card loading will be returned unless the full amount may be applied towards a negative balance, in which case the check or money order may or may not be loaded to the Card at the discretion of the Issuer.
Direct Deposit Account

Your prepaid Card Account and associated direct deposit account number cannot be used for preauthorized direct debits from merchants or from utility or Internet service providers. If presented for payment, these preauthorized direct debits will be declined and your payment to the merchant or provider will not be processed. The bank routing number and direct deposit account number are for the purpose of initiating direct deposits to your prepaid Card Account only. You are not authorized to provide this bank routing number and direct deposit account number to anyone other than your employer or payer.

Using Your Card / Features

The maximum amount that can be spent on your Card per day is $2,000.00.  The maximum value of your Card is restricted to $10,000.00.

You may use your Card to purchase or lease goods or services wherever Debit MasterCard and Maestro cards are accepted as long as you do not exceed the value available on your Card Account.  Some merchants do not allow cardholders to conduct split transactions where you would use the Card as partial payment for goods and services and pay the remainder of the balance with another form of legal tender.  If you wish to conduct a split transaction and it is permitted by the merchant, you must tell the merchant to charge only the exact amount of funds available on the Card to the Card.  You must then arrange to pay the difference using another payment method.  Some merchants may require payment for the remaining balance in cash.  If you fail to inform the merchant that you would like to complete a split transaction prior to swiping your Card, your Card is likely to be declined.

If you use your Card at an automated fuel dispenser (“pay at the pump”), the merchant may preauthorize the transaction amount up to $100.00 or more.  If your Card is declined, even though you have sufficient funds available, pay for your purchase inside with the cashier.  If you use your Card at a restaurant, a hotel, for a car rental purchase, or for similar purchases, the merchant may preauthorize the transaction amount for the purchase amount plus up to 20% or more to ensure there are sufficient funds available to cover tips or incidental expenses incurred.  Any preauthorization amount will place a “hold” on your available funds until the merchant sends us the final payment amount of your purchase.  Once the final payment amount is received, the preauthorization amount on hold will be removed.  It may take up to seven (7) days for the hold to be removed.  During the hold period, you will not have access to the preauthorized amount.

If you use your Card number without presenting your Card (such as for a mail order, telephone, or Internet purchase), the legal effect will be the same as if you used the Card itself.  For security reasons, we may limit the amount or number of transactions you can make on your Card.  Your Card cannot be redeemed for cash.  You may not use your Card for online gambling or any illegal transaction.

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.  You are not allowed to exceed the available amount in your Card Account through an individual transaction or a series of transactions.  Nevertheless, if a transaction exceeds the balance of the funds available on your Card, you shall remain fully liable to us for the amount of the transaction and any applicable fees.

You do not have the right to stop payment on any purchase or payment transaction originated by use of your Card.  You may not make preauthorized regular payments from your Card Account.  If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to thirty (30) days.  All transactions relating to car rentals may result in a hold for that amount of funds for up to sixty (60) days.

Returns & Refunds

If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card for such refunds and agree to the refund policy of that merchant.  If you have a problem with a purchase that you made with your Card, or if you have a dispute with the merchant, you must handle it directly with the merchant.

Card Replacement

If you need to replace your Card for any reason, please contact us at 1-877-237-6262 to request a replacement Card.  You will be required to provide personal information which may include your Card number, full name, transaction history, etc.  There is a fee for replacing the Card.

Charges Made in Foreign Currencies

If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated into an amount in the currency of your Card.  The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by MasterCard International Incorporated from the range of rates available in wholesale currency markets for the applicable central processing date, which may vary from the rate MasterCard International Incorporated itself receives, or the government-mandated rate in effect for the applicable central processing date.  If you obtain your funds or make a purchase in a currency other than the currency in which your Card was issued, the Issuer may assess a foreign currency conversion fee of 3% of the transaction amount and will retain this amount as compensation for its services.

Receipts

You should get a receipt at the time you make a transaction using your Card.  You agree to retain, verify, and reconcile your transactions and receipts. 

Card Account Balance / Periodic Statements 

You are responsible for keeping track of your Card Account available balance.  Merchants generally will not be able to determine your available balance.  It’s important to know your available balance before making any transaction.  You may obtain information about the amount of money you have remaining in Card Account online or by calling 1-877-237-6262.  This information, along with a sixty (60) day history of Card Account transactions, is also available online at http://www.BankFreedom.com.  You also have a right to obtain a sixty (60) day written history of Card Account transactions by calling 1-877-237-6262 or by writing us at 17595 Harvard Suite C, #3250 Irvine, CA 92614.   You will not automatically receive paper statements.  However, there is a fee for this service.

Fee Schedule

All fee amounts will be withdrawn from your Card Account and will be assessed as long as there is a remaining balance on your Card Account, except where prohibited by law.  Anytime your remaining Card Account balance is less than the fee amount being assessed, the balance of your Card Account will be applied to the fee amount.

*Monthly Maintenance Fee is FREE with a minimum monthly amount of deposits of $500 or more.  Deposits include direct deposits, cash loads or bank transfers. Otherwise the Monthly Maintenance Fee is $5.00 per month. 

If you use an ATM not owned by us for any transaction, including a balance inquiry, you may be charged a fee by the ATM operator even if you do not complete a withdrawal.  This ATM fee is a third party fee amount assessed by the individual ATM operator only and is not assessed by us.  This ATM fee amount will be charged to your Card

Confidentiality

We may disclose information to third parties about your Card or the transactions you make:

1. Where it is necessary for completing transactions;
2. In order to verify the existence and condition of your Card for a third party, such as merchant;
3. In order to comply with government agency, court order, or other legal reporting requirements;
4. If you give us your written permission; or
5. To our employees, auditors, affiliates, service providers, or attorneys as needed.

Our Liability for Failure to Complete Transactions

If we do not properly complete a transaction from your Card on time or in the correct amount according to our Agreement with you, we will be liable for your losses or damages.  However, there are some exceptions.  We will not be liable, for instance:

1. If through no fault of ours, you do not have enough funds available on your Card to complete the transaction;
2. If a merchant refuses to accept your Card;
3. If an ATM where you are making a cash withdrawal does not have enough cash;
4. If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
5. If access to your Card has been blocked after you reported your Card lost or stolen;
6. If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
7. If we have reason to believe the requested transaction is unauthorized;
8. If circumstances beyond our control (such as fire, flood, or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken; or
9. Any other exception stated in our Agreement with you.

Your Liability for Unauthorized Transfers

Contact us at once if you believe your Card has been lost or stolen.  Telephoning is the best way to minimize your possible losses.  If you believe your Card has been lost or stolen, or that someone has transferred or may transfer money from your Card Account without your permission, call us at 1-877-237-6262.  Under MasterCard Rules, your liability for unauthorized MasterCard transactions on your Card Account is $0.00 if you notify us within two (2) business days and you exercise reasonable care in safeguarding your Card from loss, theft, or unauthorized use.  This reduced liability does not apply if a PIN is used as the method of verification for a disputed transaction or you have reported two (2) or more incidents of unauthorized use in the immediately preceding twelve (12) month period.  If you notify us within two (2) business days of any unauthorized transactions, you can lose no more than $50.00 if someone used your Card without your permission.  If you do not notify us within two (2) business days after you learn of the loss or theft of your Card and we can prove that we could have stopped someone from using your Card without your permission if you had promptly notified us, you could lose as much as $500.00.  

Also, if you become aware of and/or your statement shows transactions that you did not make, notify us at once following the procedures stated in the paragraph labeled “Information About Your Right to Dispute Errors”.  If you do not notify us in writing within sixty (60) days after you become aware of the transaction and/or after the statement was made available to you, you may not get back any value you lost after the sixty (60) days if we can prove that we could have stopped someone from taking the value if you had notified us in time and you are grossly negligent or fraudulent in the handling of your Card.  If your Card has been lost or stolen, we will close your Card Account to keep losses down.

Other Terms

Your Card and your obligations under this Agreement may not be assigned.  We may transfer our rights under this Agreement.  Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions.  We do not waive our rights by delaying or failing to exercise them at any time.  If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected.  This Agreement will be governed by the law of the State of Delaware except to the extent governed by federal law.

Amendment & Cancellation

We may amend or change the terms and conditions of this Agreement at any time.  You will be notified of any change in the manner provided by applicable law prior to the effective date of the change.  However, if the change is made for security purposes, we can implement such change without prior notice.  We may cancel or suspend your Card or this Agreement at any time.  You may cancel this Agreement by returning the Card to us.  Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination.

 In the event that your Card Account is cancelled, 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.  There is a fee for this service.  The Issuer reserves the right to refuse to return any unused balance amount less than $1.00.

Information About Your Rights to Dispute Errors

In case of errors or questions about your Card Account, telephone us at 1- 877-237-6262 or write to Cardholder Services, 17595 Harvard Suite C, #3250  Irvine, CA 92614, or email us at [insert electronic mail address]  as soon as you can,  if you think an error has occurred in your Card Account.  We must allow you to report an error until sixty (60) days after the earlier of the date you electronically access your Card Account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared.  You may request a written history of your transactions at any time by calling us at 1-877-237-6262 or writing us at 17595 Harvard Suite C, #3250 Irvine, CA 92614.

You will need to tell us:

   1.  Your name and Card Account number.
   2.  Why you believe there is an error, and the dollar amount involved.
   3.  Approximately when the error took place.

If you tell us orally, we may require that you send us your complaint or question in writing within ten (10) business days.

We will determine whether an error occurred within ten (10) business days after we hear from you and will correct any error promptly.  If we need more time, however, we may take up to forty-five (45) days to investigate your complaint or question.  If we decide to do this, we will credit your Card Account within ten (10) business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation.  If we ask you to put your complaint or question in writing and you do not provide it within ten (10) business days, we may not credit your Card.
For errors involving new Cards, POS transactions, or foreign-initiated transactions, we may take up to ninety (90) days to investigate your complaint or question.  For new Card Accounts, we may take up to twenty (20) business days to credit your Card Account for the amount you think is in error.  

We will tell you the results within three (3) business days after completing the investigation.  If we decide that there was no error, we will send you a written explanation.  You may ask for copies of the documents that we used in our investigation.  If you need more information about our error-resolution procedures, call us at 1-877-237-6262 or visit http://www.bankfreedom.com

English Language Controls

Any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.

Customer Service

For customer service or additional information regarding your Card, please contact us at:
Bank Freedom Prepaid MasterCard
17595 Harvard Suite C, #3250 Irvine, CA 92614
1-877-237-6262

TERMS & CONDITIONS FOR CARDS ISSUED BY METABANK

Cardholder Agreement

IMPORTANT – PLEASE READ CAREFULLY

This agreement is effective as of March 1, 2011 and replaces any previous agreement.

1. Terms and Conditions for the Bank Freedom Prepaid MasterCard^® or Bank Freedom Prepaid Visa^® Card

This document constitutes the agreement ("Agreement") outlining the terms and conditions under which the Bank Freedom Prepaid MasterCard or Bank Freedom Prepaid Visa Card has been issued to you. By accepting and using this card, you agree to be bound by the terms and conditions contained in this Agreement. In this Agreement, "Card" means the Bank Freedom Prepaid MasterCard or Bank Freedom Prepaid Visa Card issued to you by MetaBank. "You" and "your" means the person or persons who have received the Card and are authorized to use the Card as provided for in this Agreement. "We," "us," and "our" mean MetaBank, our successors, affiliates or assignees. The Card will remain the property of MetaBank and must be surrendered upon demand. The Card is nontransferable, and it may be canceled, repossessed, or revoked at any time without prior notice subject to applicable law. Please read this Agreement carefully and keep it for future reference.

2. Using Your Card

The Card is a prepaid card. The Card allows you to access funds loaded or deposited to your Card account by you or on your behalf. Your Card account does not constitute a checking or savings account and is not connected in any way to any other account you may have. The Card is not a gift card, nor is it intended to be used for gifting purposes. The Card is not a credit card. You will not receive any interest on the funds in your Card account. The funds in your Card account will be FDIC insured provided your Card is registered. Your funds will never expire, regardless of the expiration date on the front of your Card. You may register your Card by going to www.ActivatePrepaidCard.com or call 866-363-4132.

In order for the Card to accept reloads, the USA PATRIOT ACT, a federal law, requires all financial institutions to obtain, verify, and record information that identifies each person who has a Card that accepts reloads. We will ask you for your name, address, date of birth, social security number and other information that will allow us to reasonably identify you. We may also ask to see your driver's license or other identifying documents. Upon successful identification verification, you may load and reload funds to your Card via the methods detailed within this Agreement.

Federal Payments: THE ONLY FEDERAL PAYMENTS THAT MAY BE DEPOSITED TO THIS CARD ARE FEDERAL PAYMENTS FOR THE BENEFIT OF THE PRIMARY CARDHOLDER. If you have questions about this requirement, please call 866-363-4132.

Authorized Users: You may request an additional Card for another person. You may also permit another person to have access to your Card or Card number. However, if you do, you are liable for all transactions made with the Card or Card number by those persons. You must notify us to revoke permission for any person you previously authorized to use your Card. You are responsible for all transactions and fees incurred by you or any other person you have authorized. If you tell us to revoke another person's use of your Card, we may revoke your Card and issue a new Card with a different number. You are wholly responsible for the use of each Card according to the terms of this Agreement.

Personal Identification Number ("PIN"):  We may, at our option, give you a Personalized Identification Number ("PIN"). If we give you a PIN, you may use your Card, (i) to obtain Cash from any Automated Teller Machine ("ATM") or (ii) at any Point-of-Sale (POS) device which requires entry of a PIN, that bears the MasterCard, Maestro, or Cirrus. All ATM transactions are treated as Cash withdrawal transactions. You should not write or keep your PIN with your Card acceptance mark. If you believe that anyone has gained unauthorized access to your PIN, you should advise us immediately, following the procedures in the paragraph labeled "Your Liability for Unauthorized Transfers."

Loading Your Card:  You may add funds to your Card or Companion Card, called value loading, at any time. The amount of each value load must be at least $20.00 You are limited to a cumulative maximum balance on your Card and any Companion Cards of $2,500 for cash loads and $10,000 for direct deposit loads. There is no limit on the number of times you may value load your Card. However, the maximum value load you may place on your Card when aggregated with any other Cards you have authorized is restricted to $10,000. You agree to present the Card and meet identification requirements to complete load transactions as may be required from time to time.

Card Account Access: You may use your Card to: (1) withdraw cash from your Card account, (2) make deposits to your Card account, (3) transfer funds between your Card accounts whenever you request, (4) purchase or lease goods or services wherever your Card is honored as long as you do not exceed the value available in your Card account, and (5) pay bills directly [by telephone] from your Card account in the amounts and on the days you request. Some of these services may not be available at all terminals.

Your Card cannot be redeemed for cash. You may use your Card to access cash at an ATM. Deposits to your Card account are not permitted at our ATM terminals. You may not use your Card for any illegal transactions, use at casinos, and any gambling activity.

Limitations on frequency of transfers: For security reasons, we may limit the amount or number of transactions you can make with your Card. (1) You may make only $500 in cash withdrawals from terminals each day. (2) You can use your telephone bill-payment service to pay 5 electronic and/or paper check bill payments over a (30) consecutive day period.

Limitations on dollar amounts of transfers: (1) You may withdraw a minimum of $20 up to $500 from terminals each day, subject to available balance and exchange rates when they apply. (2) You may buy up to $2000 worth of goods or services each day. You are responsible for all transactions initiated by use of your Card, except as otherwise set forth herein. If you do not have enough funds available in your Card account, you can instruct the merchant to charge a part of the purchase to the Card and pay the remaining amount with cash or another card. These are called "split transactions." Some merchants do not allow cardholders to conduct split transactions. Some merchants will only allow you to do a split transaction if you pay the remaining amount in cash. If you use your Card number without presenting your Card (such as for a mail order or telephone purchase), the legal effect will be the same as if you used the Card itself. Each time you use your Card, you authorize us to reduce the funds available in your Card account by the amount of the transaction. You are not allowed to exceed the available amount in your Card account through an individual transaction or a series of transactions. Nevertheless, if a transaction exceeds the balance of the funds available in your Card account, you shall remain fully liable to us for the amount of the transaction. We reserve the right to bill you for any negative balance. You agree to pay us promptly for the negative balance. We also reserve the right to cancel this Card and close your Card account should you create one or more negative balances with your Card.

3. Preauthorized Transfers Preauthorized credits: If you have arranged to have direct deposits made to your Card account at least once every 60 days from the same person or company, you can call us at 866-363-4132 to find out whether or not the deposit has been made.

Right to stop payment and procedure for doing so:If you have told us in advance to make regular payments out of your Card account, you can stop any of these payments. Here's how: Call us at 866-363-4132 or write us at Customer Service 17595 Harvard Suite C, #3250 Irvine, CA 92614, in time for us to receive your request 3 business days or more before the payment is scheduled to be made. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. We will charge you for each stop-payment order you give (see our Fees and Limitations paragraph below).

You do not have the right to stop payment on any purchase transaction originated by use of your Card, except as otherwise provided herein. If you authorize a transaction and then fail to make a purchase of that item as planned, the approval may result in a hold for that amount of funds for up to 60 days.

Notice of varying amounts: If these regular payments may vary in amount, the person you are going to pay will tell you, 10 days before each payment, when it will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set).

Liability for failure to stop payment of preauthorized transfer:f you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

4. Business Days
For purposes of these disclosures, our business days are (Monday through Friday). Holidays are (not) included.

5. Returns and Refunds
If you are entitled to a refund for any reason for goods or services obtained with your Card, you agree to accept credits to your Card account for such refunds. The amounts credited to your Card account for refunds may not be available for up to five (5) days from the date the refund transaction occurs.

6. Fees and Limitations

ATM Fees: When you use an ATM, you may be charged a fee by the ATM operator or any network used to complete the transaction (and you may be charged a fee for a balance inquiry even if you do not complete a fund transfer).

International Transaction Fee:If you obtain your funds (or make a purchase) in a currency or country other than the currency or country in which your Card was issued, the amount deducted from your funds will be converted by MasterCard International Incorporated or Visa U.S.A. Inc. into an amount in the currency of your Card. MasterCard International Incorporated or Visa U.S.A. Inc. will establish a currency conversion rate for this convenience using a rate selected by MasterCard International Incorporated or Visa U.S.A. Inc. from the range of rates available in wholesale currency markets for the applicable central processing date which may vary from the rate MasterCard International Incorporated or Visa U.S.A. Inc. itself receives, or the government mandated rate in effect for the applicable central processing date, in each instance, plus or minus any adjustment determined by the Issuer. This percentage amount is independent of any amount taken by the Issuer in accordance with the following section of these Terms & Conditions.

If you obtain your funds in a currency or country other than the currency or country in which your Card was issued, the Issuer may increase the currency conversion rate (described in the immediately preceding section) up to an additional 1% and will retain this amount as compensation for its services. This charge is independent of the currency conversion rate established by MasterCard International Incorporated or Visa U.S.A. Inc.

7. Receipts

You should get a receipt at the time you make a transaction or obtain cash using your Card. You agree to retain your receipt to verify your transactions. You can get a receipt at the time you make any transfer from your Card account using one of our ATM terminals.

8. Obtaining Card Account Information

You may obtain information about the amount of money you have remaining in your Card account by calling 866-363-4132. This information, along with a 60-day history of account transactions, is also available on-line at www.BankFreedom.com. You also have the right to obtain a sixty (60) day written history of account transactions by calling 866-363-4132 or by writing us at Customer Service 17595 Harvard Suite C, #3250 Irvine, CA 92614. However, there is a fee for obtaining a written history (see your Fees and Limitations paragraph above).

9. Confidentiality

We may disclose information to third parties about your Card account or the transactions you make:
(1) Where it is necessary for completing transactions;
(2) In order to verify the existence and condition of your Card account for a third party, such as merchant;
(3) In order to comply with government agency, court orders, or other legal reporting requirements;
(4) If you give us your written permission, or;
(5) To our employees, auditors, affiliates, service providers, or attorneys as needed.

10. Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your Card account on time or in the correct amount according to our Agreement with you, we will be liable for your losses and damages proximately caused by us. However, there are some exceptions.

In no event will we be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We will not be liable, for instance:

(1) If, through no fault of ours, you do not have enough funds available on your Card account to complete the transaction;
(2) If a merchant refuses to accept your Card;
(3) If an ATM where you are making a cash withdrawal does not have enough cash;
(4) If an electronic terminal where you are making a transaction does not operate properly, and you knew about the problem when you initiated the transaction;
(5) If access to your Card has been blocked after you reported your Card or PIN lost or stolen; (6) If there is a hold or your funds are subject to legal process or other encumbrance restricting their use;
(7) If we have reason to believe the requested transaction is unauthorized;
(8) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken;
(9) Any other exception stated in our Agreement with you.

11. Lost or Stolen Cards; Unauthorized Transfers

If you believe your Card or PIN has been lost or stolen, call:866-363-4132 or write: Customer Service 17595 Harvard Suite C, #3250 Irvine, CA 92614. You should also call the number or write to the address listed above if you believe a transfer has been made using the information from your Card or PIN without your permission.

12. Your Liability for Unauthorized MasterCard or Visa Card Transactions.

Tell us, AT ONCE, if you believe your MasterCard or VISA card has been lost or stolen or of any unauthorized transactions. Your liability for unauthorized transactions that take place on the MasterCard or VISA system is Zero dollars ($0). We may require you to provide a written statement regarding claims of unauthorized transactions. These provisions limiting your liability do not apply to ATM, POS, PIN, or any other debit transactions not processed by MasterCard or VISA. In addition to this paragraph, we may also be responsible to you for unauthorized transactions (see "Your Liability for Unauthorized Transfers" paragraph below).

Your Liability for Unauthorized Transfers: Tell us AT ONCE if you believe your Card or PIN has been lost or stolen, or if you believe that an electronic fund transfer has been made without your permission. Telephoning toll-free at 866-363-4132 is the best way of keeping your possible losses down. You could lose all the money in your Card account. If you tell us within 2 business days after you learn of the loss or theft of your Card or PIN, you can lose no more than $50 if someone used your Card or PIN without your permission. If you do NOT tell us within 2 business days after you learn of the loss or theft of your Card or PIN, and we can prove we could have stopped someone from using your Card or PIN without your permission if you had told us, you could lose as much as $500. Also, if your electronic history shows transfers that you did not make, including those made by your Card or other means, tell us at once. If you do not tell us within 60 days of the earlier of the date you electronically access your account, if the unauthorized transfer could be viewed in your electronic history, or the date we sent the FIRST written history on which the unauthorized transfer appeared, 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 or a hospital stay) kept you from telling us, we will extend the time periods for a reasonable period.

13. Other Terms

Your Card and your obligations under this Agreement may not be assigned. We may transfer our rights under this Agreement. Use of your Card is subject to all applicable rules and customs of any clearinghouse or other association involved in transactions. We do not waive our rights by delaying or failing to exercise them at anytime. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation of any governmental agency, local, state, or federal, the validity or enforceability of any other provision of this Agreement shall not be affected. This Agreement will be governed by the law of the State of South Dakota except to the extent governed by federal law.

14. Amendment and Cancellation

We may amend or change the terms of this Agreement at any time without prior notice to you except as required by applicable law. We may cancel or suspend your Card or this Agreement at any time without prior notice to you except as required by applicable law. You may cancel this Agreement by returning the Card to us. Your termination of this Agreement will not affect any of our rights or your obligations arising under this Agreement prior to termination. Should your Card account be closed, we will issue you a credit for any unpaid balances, subject to fees as disclosed in this Agreement.

15. Information About Your Right to Dispute Errors

In case of errors or questions about your Card transactions, call 866-363-4132 or write to customer service at 17595 Harvard Suite C, #3250 Irvine, CA 92614 as soon as possible, if you think an error has occurred in your Card account. We must hear from you no later than 60 days after the earlier of the date you electronically access your account, if the error could be viewed in your electronic history, or the date we sent the FIRST written history on which the error appeared. You may request a written history of your transactions at any time by contacting us at the number or address above. You will need to tell us the following: (1) your name, (2) your Card number, (3) why you believe there is an error, (4) the dollar amount involved, and (5) approximately when the error took place. If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after 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 your complaint or question. If we decide to do this, we will provisionally credit your account within 10 business days for the amount you think is in error, so that you will have the money during the time it takes us to complete our investigation. Funds will remain contingent on whether we determine if an error occurred. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, POS, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents we used in our investigation. If you have any further questions regarding our error resolution procedures, please contact us by calling 866-363-4132.

16. Privacy and Data Protection
WHAT DOES METABANK™ DO WITH YOUR PERSONAL INFORMATION?

Why? Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What? The types of personal information we collect and share depend on the product or service you have with us. (i) Information We Collect ("Cardholder Information") is as follows: (a) Information about purchases made with the Card, such as date of purchase, amount and place of purchase. (b) Information you provide to us when you apply for a Card, or for replacement Cards or when you contact us with customer service issues, such as name, address, phone number. However, only those persons who need it to perform their job responsibilities are authorized to have access to Cardholder Information. In addition, we maintain physical, electronic and procedural security measures that comply with federal regulations to safeguard Cardholder Information. When you are no longer our customer, we continue to share or not share your information as described in this notice.

How? All financial companies need to share customers' personal information to run their everyday business. We may use Cardholder Information to provide customer services, to process claims for lost or stolen Cards or PINs, to develop marketing programs, to help protect against fraud and to conduct research and analysis. In addition, it is often necessary for us to disclose Cardholder Information for the same purposes to companies that work with us. For example, we may provide certain Cardholder Information to companies that perform business operations or services, including marketing services, on our behalf. We may also provide certain Cardholder Information to others as permitted by law, such as government entities or other third parties in response to subpoenas. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons MetaBank chooses to share; and whether you can limit this.

Privacy Definitions:
Affiliates: Companies related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates: Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Joint marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

Questions? 866-363-4132 or go to www.BankFreedom.com

How does MetaBank protect my personal information? To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does MetaBank collect my personal information? We collect your personal information, for example, when you open an account or use your Card, give us your contact information or pay your bills, provide employment information.

Why can't I limit all sharing? Federal law gives you the right to limit only sharing for affiliates' everyday business purposes, for example:
—information about your creditworthiness.
—affiliates from using your information to market to you.
—sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to limit sharing.

17. Telephone Monitoring/Recording

From time to time we may monitor and/or record telephone calls between you and us to assure the quality of our customer service or as required by applicable law.

18. No Warranty Regarding Goods and Services

We are not responsible for the quality, safety, legality, or any other aspect of any goods or services you purchase with your Card.      

19. Arbitration

Purpose:  This Arbitration Provision sets forth the circumstances and procedures under which claims (as defined below) may be arbitrated instead of litigated in court.

Definitions:  As used in this Arbitration Provision, the term "Claim" means any claim, dispute or controversy between you and us arising from or relating to the Card or this Agreement as well as any related or prior agreement that you may have had with us or the relationships resulting from this Agreement, including the validity, enforceability or scope of this Arbitration Provision or the Agreements. "Claim" includes claims of every kind and nature, including but not limited to initial claims, counterclaims, cross-claims and third-party claims and claims based upon contract, tort, fraud and other intentional torts, statutes, regulations, common law and equity. The term "Claim" is to be given the broadest possible meaning that will be enforced and includes, by way of example and without limitation, any claim, dispute or controversy that arises from or relates to (i) your Card, or the Cards of any Additional Cardholders designated by you; (ii) the amount of Available Funds on the Cards; (iii) advertisements, promotions or oral or written statements related to the Cards, goods or services purchased with the Cards; (iv) the benefits and services related to the Cards; and (v) your enrollment for any Card. We shall not elect to use arbitration under the Arbitration Provision for any Claim that you properly file and pursue in a small claims court of your state or municipality so long as the Claim is individual and pending only in the court.

As used in the Arbitration Provision, the terms "we" and "us" shall for all purposes mean the Bank, wholly or majority owned subsidiaries, affiliates, licensees, predecessors, successors, and assigns; and all of their agents, employees, directors and representatives. In addition, "we" or "us" shall include any third party using or providing any product, service or benefit in connection with any Cards (including, but not limited to merchants who accept the Card, third parties who use or provide services, debt collectors and all of their agents, employees, directors and representatives) if, and only if, such third party is named as a co-party with us (or files a Claim with or against us) in connection with a Claim asserted by you. As solely used in this Arbitration Provision, the terms "you" or "yours" shall mean all persons or entities approved by us to have and/or use a Card, including but not limited to all persons or entities contractually obligated under any of the Agreements and all Additional Cardholders.

Initiation of Arbitration Proceeding/Selection of Administrator:   Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed.  Claims shall be referred to either the National Arbitration Forum (“NAF"), Judicial Arbitration and Mediation Services (“JAMS"), or the American Arbitration Association (“AAA"), as selected by the party electing to use arbitration.  If a selection by us of one of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select either of the other organizations listed to serve as arbitrator administrator.  For a copy of the procedures, to file a Claim or for other information about these organizations, contact them as follows: (i) the NAF at P.O. Box 50191, Minneapolis, MN 55404; website at www.arbitration-forum.com; (ii) JAMS at 1920 Main Street, Suite 300, Los Angeles, CA 92614; website at www.jamsadr.com; (iii) AAA at 335 Madison Avenue, New York, NY 10017; website at www.adr.org .  

Significance of Arbitration:  IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM, OR TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE CODE OF PROCEDURES OF THE NAF, JAMS, OR AAA, AS APPLICABLE (THE “CODE").  FURTHER, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.  EXCEPT AS SET FORTH BELOW, THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING.  NOTE THAT OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Restrictions on Arbitration:  If either party elects to resolve a Claim by arbitration, that Claim shall be arbitrated on an individual basis.  There shall be no right or authority for any Claims to be arbitrated on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other Cardholders or other persons similarly situated.  The arbitrator’s authority to resolve Claims is limited to Claims between you and us alone, and the arbitrator’s authority to make awards is limited to you and us alone.  Furthermore, Claims brought by you against us or by us against you may not be joined or consolidated in arbitration with Claims brought by or against someone other than you, unless otherwise agreed to in writing by all parties.  

Location of Arbitration/Payment of Fees:  Any arbitration hearing that you attend shall take place in the federal judicial district of your residence.  At your written request, we will consider in good faith making a temporary advance of all or part of the filing administrative and/or hearing fees for any Claim you initiate as to which you or we seek arbitration.  At the conclusion of the arbitration (or any appeal thereof), the arbitrator (or panel) will decide who will ultimately be responsible for paying the filing, administrative and/or hearing fees in connection with the arbitration (or appeal).  If and to the extent you incur filing, administrative and/or hearing fees in arbitration, including for any appeal, exceeding the amount they would have been if the Claim had been brought in the state or federal court which is closest to your billing address and would have had jurisdiction over the Claim, we will reimburse you to that extent unless the arbitrator (or panel) determines that the fees were incurred without any substantial justification.  

Arbitration Procedures:  This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (the “FAA").  The arbitration shall be governed by the applicable Code, except that (to the extent enforceable under the FAA) this arbitration Provision shall control if it is inconsistent with the applicable Code.  The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law and, at the timely request of either party, shall provide a brief written explanation of the basis for the decision.  In conducting the arbitration proceeding, the arbitrator shall not apply the Federal or any state rules of civil procedure or rules of evidence.  Either party may submit a request to the arbitrator to expand the scope of discovery allowable under the applicable Code.  The party submitting such a request must provide a copy to the other party, who may submit objections to the arbitrator with a copy of the objections provided to the request party, within fifteen (15) days of receiving the requesting party’s notice.  The granting or denial of such request will be in the sole discretion of the arbitrator who shall notify the parties of his/her decision within twenty (20) days of the objecting party’s submission.  The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters.  Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.  The arbitrator’s decision will be final and binding, except for any right of appeal provided by the FAA.  However, any party can appeal that award to a three-arbitrator panel administered by the same arbitration organization, which shall consider anew any aspect of the initial award objected to by the appealing party.  The appealing party shall have thirty (30) days from the date of entry of the written arbitration award to notify the arbitration organization that it is exercising the right of appeal.  The appeal shall be filed with the arbitration organization in the form of a dated writing.  The arbitration organization will then notify the other party that the award has been appealed.  The arbitration organization will appoint a three-arbitrator panel which will conduct an arbitration pursuant to its Code and issue its decision within one hundred twenty (120) days of the date of the appellant’s written notice.  The decision of the panel shall be by majority vote and shall be final and binding.

Continuation:  This Arbitration Provision shall survive termination of your Card as well as voluntary payment of the debt in full by you, any legal proceeding by us to collect a debt owed by you, and any bankruptcy by you or us. If any portion of this Arbitration Provision is deemed invalid or unenforceable under any principle or provision of law or equity, consistent with the FAA, it shall not invalidate the remaining portions of this Arbitration Provision, the Agreement or any prior agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

This Card is issued by MetaBank
5501 S. Broadband Lane
Sioux Falls, SD 57108
866-363-4132
www.BankFreedom.com

© 2011 MetaBank