Netspend All-Access Account

® ®

Deposit Account Agreement

TABLE OF CONTENTS

Fee Schedule
Customer Service Contact Information
Important Notices
1. Definitions
2. About Your Account
3. Getting Started
4. Account Funds
5. Using Your Account
6. Confidentiality
7. Documentation
8. Truth-In-Savings Disclosures
9. Lost Or Stolen Cards; Unauthorized Transactions
10. Additional Terms of the Agreement
11. Optional Features & Services
12. Legal Notices
13. Delivery of Electronic Communications
14. Jury Trial Waiver
15. Arbitration Clause

Fee Schedule
Monthly Fees

$5
Monthly Fee
Standard monthly service fee.

ATM Fees

$3
ATM Cash For each cash withdrawal conducted at a
Withdrawal Fee domestic or international ATM. You may also
be charged a fee by the ATM operator.

$1.50
ATM Balance Inquiry
Per ATM balance inquiry or declined ATM
and ATM Transaction withdrawal transaction at a domestic or
Decline Fee international ATM. You may also be charged
a fee by the ATM operator.
 TIP TO AVOID ATM FEES
Select “DEBIT” and enter your PIN to get cash back
when making purchases at many retailers, such as
grocery stores. You can check your balance for no
fee via the OAC or Mobile App.

Optional Debit Card Overdraft Service

This optional service has Accountholder activation and
eligibility requirements.

$20
Overdraft Fee
Per transaction.

Maximum number of
Overdraft Fees per 5
calendar month

$10
Once an Overdraft transaction is settled,
and it creates a negative Actual Balance
greater than ten dollars ($10), you will have
Overdraft twenty-four (24) hours to add sufficient
funds to your Account to bring your
Fee threshold
Account back to a zero or positive Actual
Balance to avoid incurring any Overdraft
Fee(s).
Please see your Deposit Account Agreement for
additional information on avoiding Overdraft Fee(s).

Additional Account Support

3%
3.00% of the transaction amount for over-
the-counter cash withdrawal at a financial
institution, and any outgoing P2P or similar
money transfer service from your Account
initiated through a third-party service such
Money Transfer Service as Venmo, CashApp, Paypal, WesternUnion
and Over-the-Counter or other similar money transfer services.
(OTC) Cash Withdrawal For OTC cash withdrawals at a financial
institution, fee applies per withdrawal and is
Fee at a Financial
in addition to any Foreign Transaction Fee
Institution (if any) at a bank location. A fee may also be
assessed by a financial institution that is not
a member financial institution (e.g., Visa or
Mastercard). For outgoing P2P or similar
money transfer service from your Account
initiated through a third-party service, the
service provider may charge additional fees.

Over-the-Counter Fees are determined and assessed by third

Cash Withdrawal Fee parties and not the Bank. Fees, limits, and
service availability vary by location. Visit your
at a Netspend Network
OAC or Mobile App for details.
location
 $5
Additional Statement Per statement requested. No fee to view,
Mailing Fee print, or download your statement via the
OAC or Mobile App.

Additional or
$3
Replacement Cards Per additional Card or replacement Card
requested for lost, stolen, or damaged Cards.

$20
Expedited Card Expedited Card Delivery Fee is charged in
Delivery Fee addition to Replacement or Additional Card
(1-2 Business Day Fees when this service is requested. No fee
for standard delivery. Return of Funds Check
Delivery) and Return
Mailing Fee is charged per check requested
of Funds Check Fee for the return of funds at Account closure.

$1.50
Per declined ACH debit or preauthorized
payment transaction. This fee will be
Decline Fee – ACH assessed for each unpaid transaction,
debit or preauthorized including multiple times for the same
payment transactions transaction if a merchant submits it multiple
times for payment. Avoid this fee by keeping
track of your balance via the OAC or Mobile
App, or by enrolling in Anytime Alerts. Limit
of 5 fees per month.

4%
4.00% fee assessed on all purchase
transactions and cash withdrawals
conducted outside of the U.S. or in a
Foreign currency other than U.S. dollars, and is based
on U.S. dollar amount of the transaction. Fee
Transaction Fee
may be assessed for transactions conducted
in U.S. territories.
For cash withdrawal transactions, the
surcharge is in addition to the ATM Cash
Withdrawal Fee — International.

Visit your OAC or Mobile App for a full

range of transfer options between your
Account and another account or third
party. Depending on the transfer service
you select, a fee may be assessed to your
Funds Transfer Fee Account or to the transferor. The fee may be
determined by a variety of factors set by the
service provider, such as speed, amount, or
destination. Some of the fees are assessed
by third parties or the originating Bank, and
are not assessed by Bank.

Dispute Resolution
If you have questions or would like additional information
Please visit the OAC, Mobile App or call us at 1-866-647-6929. We will be happy
to assist you. In addition, the Deposit Account Agreement governs the terms and
conditions of Account(s) with us. Please refer to the Agreement for complete
Account details.
Customer Service Contact Information
Live Agent Hours:
Monday-Friday
8 a.m. to 10 p.m. CT;
Saturday-Sunday
By Telephone 1-866-647-6929 8 a.m. to 8 p.m. CT

The Telephone Automated

Service is available twenty-four
(24) hours a day.

By Mail Netspend, P.O. Box 2136, Austin, Texas 78768-2136

Visit your Online Account Center or Mobile App for

The OAC or
more information about your Account and the services
Mobile App available to you.

Important Notices
1. Please read carefully. This Agreement contains an arbitration
provision requiring all claims to be resolved by way of binding
arbitration.

2. Always know the exact dollar amount available in your Account.

Merchants may not have access to determine the Account
Balance.

3. By opening, maintaining, funding, or applying for this Account,

you agree to be bound by the terms and conditions contained
in this Agreement. This Agreement incorporates the following
disclosures: (1) the Fee Schedule; (2) Electronic Signatures in Global
and National Commerce Act (“E-Sign”) Disclosure; (3) our Privacy
Policy; and (4) any additional disclosures regarding your Account
and/or related features or services that the Bank may provide to
you from time to time.

4. As explained in further detail in the E-Sign Disclosure, authorization

to electronically receive any and all communications or disclosures
related to your Account and any related products and services is a
condition of this Account, meaning that if you revoke your consent
to receive such communications and disclosures electronically you
understand that we will immediately close your Account.

5. We may close the Account at any time, with or without cause

(see the section labeled “Account Closure,” below, for more
information).
This consumer Deposit Account Agreement (“Agreement”) sets
forth the terms and conditions that govern your Netspend All-Access
Account (“Account”). “Accountholder,” “you,” and “your” means
the person who has opened and owns the Account. “We,” “us,”
“our,” and “Bank” mean Pathward®, National Association, a federally
chartered bank, Member FDIC, and our successors, affiliates, or
assignees. “Netspend” refers to Netspend Corporation, which
performs certain services related to your Account on our behalf.
Please read this Agreement carefully and keep it for future reference.
1. Definitions
“Access Device” means your Card, PIN, password, and any other
code or device that we make available to access your Account.
“Account Opening Date” means the date that you have
completed the steps necessary to open and use your Account.
“ACH” means the Automated Clearing House Network, a funds
transfer system governed by the Nacha (National Automated
Clearing House Association) rules, that provides funds transfer
services to participating financial institutions.
“Actual Balance” is the aggregate amount of funds in your
Account according to our records and includes electronic credits
and all deposits, and is shown as “Balance” in the Online Account
Center And Mobile App. Your Actual Balance may be different
than your Available Balance.
“Annual Period” is a recurring twelve (12) month period that
ends on the anniversary of your Account Opening Date and that
determines whether you have met the annual Overdraft Fee cap
(e.g., If your Account Opening Date is January 1, 2021, your Annual
Period ends on December 31, 2021 and resets on January 1, 2022).
The Account Opening Date is provided on the Overdraft Service
page in the OAC and Mobile App for reference. See the section
labeled “Optional Features and Services” for the Overdraft Service
eligibility requirements.
“ATM” means Automated Teller Machine.
“Available Balance” is the amount of funds in your Account
available for withdrawal and authorizing transactions, which may
be different than your Actual Balance. The Available Balance is
reduced by 1) the amount of pending transactions, such as a
point-of-sale transaction; 2) funds on hold in accordance with our
Funds Availability Policy; 3) our receipt of notice that a transaction
will be presented or returned; and 4) our receipt of legal process
relating to your Account.
“Business Day” means any day of the week that is not a Saturday,
Sunday, or federal holiday. Any references to “days” found in this
Agreement means calendar days unless indicated otherwise.
Non-Business Days are considered part of the following Business
Day.
“Card” means the debit card that may be used as an Access
Device for the funds deposited in your Account as further
described in the section below labeled “Using Your Account.”
“Cash Transfer” means a transfer of funds sent to the Bank
for deposit into your Account or a request sent to the Bank for
withdrawal of funds from your Account initiated by you using a
money transmission service provider.
“Customer Service” means the Customer Service we make
available for your Account, available at the address, website, and
phone number listed in the section labeled “Customer Service
Contact Information.”
“Digital Card” (as further described in the section labeled “Digital
Card”) means an Access Device issued to you by the Bank that
may be used when connecting your Account to a third-party
digital wallet.
“Direct Deposit” means an ACH credit intended for, or posted to,
your Account. A Direct Deposit may include payroll, pension, state,
or federal payments (including Social Security benefits), from your
employer or other originator.
“EFT” means electronic funds transfer transactions.
“Fee Schedule” refers to the document listing fees applicable to
your Account, which is attached to this Agreement as amended
from time to time.
“Financial Service” means your Account or any financial product
or service made available by us through the OAC or Mobile App
or otherwise in connection with your Account.
“Funds Availability Policy” means the Funds Availability Policy set
forth below.
“Item” means service charges, electronic items or transactions,
drafts, preauthorized payments, automatic transfers, telephone-
initiated transfers, ACH transactions, online banking transfers,
adjustments, and any other instruments or instructions for the
payment, transfer, or withdrawal of funds.
“Mobile App” means the Mobile Application made available
to you by the Bank or its service provider through which you
may obtain information regarding, and otherwise manage, your
Account. Please note: Message and data charges may apply from
your wireless service provider when using the Mobile App. If you
acquired your Account through the Mobile App, you may not
have access to your Account through the OAC.
“Mobile Check Service” means a third-party check-cashing
service which you cash a check with a third-party bank, and the
third-party bank transfers the funds from that check, less any
applicable fees, to your Account. This feature may be referred to
as Mobile Check Capture.
“Online Account Center” or “OAC” means the website listed
above under the Customer Service contact information and
through which you may obtain information regarding, and
otherwise manage, your Account. The OAC may not be available
to you if you acquired your Account through the Mobile App.
“Password” means the password associated with your User
Name that you use to access the OAC and/or Mobile App.
“Personalized Card” means a Card that has been personalized
with your name.
“PIN” means a Personal Identification Number used in connection
with your Card to conduct Account transactions, as further
described in the section below labeled “Using Your Account.”
“Temporary Card” means a Card that is non-personalized and
provides limited access to the Account. For example, additional
identity verification may be required if your Personalized Card has
not been activated.
“User Name” means the user name that you establish to access
the OAC and/or Mobile App.
“Virtual Card” (as further described in the section labeled “Virtual
Card”) means a temporary Access Device issued to you by Bank
that you may use to access your Account for telephone or online
transactions, without needing to present your Card.
2. About Your Account
Your Account is a demand deposit account (“DDA”). Transfers made
to or from the Account may be made electronically or through other
methods made available by us. The Account is not a prepaid account
or a credit product. This Account is not designated for business
use, and we may close your Account if we determine that it is being
used for business purposes. We may close your Account or refuse to
process any transaction involving your Account that we believe may
violate the terms of this Agreement or represents illegal or fraudulent
activity. When we receive funds that you deposit to your Account,
the funds are insured by the Federal Deposit Insurance Corporation
(“FDIC”), subject to applicable limitations and restrictions of such
insurance.

Once you fund your Account, you will be able to provide Pathward,
N.A., with instructions about the funds accessible through your
Account. Your funding or use of your Account authorizes us to
hold your funds at Pathward, N.A., or act as your custodian to
place your funds at one or more participating FDIC-insured banks
(each a “Program Bank”). Visit our website at www.pathward.com/
programbanks to find the most up-to-date list of Program Banks. If
you do not agree to Pathward, N.A., placing your funds as custodian
at other Program Banks, please immediately transfer or spend all the
funds in your Account or contact Customer Service above to close
your Account and request your funds in the form of a paper check at
no charge.
Your funds are eligible for deposit insurance up to the applicable
limits by the Federal Deposit Insurance Corporation (“FDIC”). In the
event the FDIC were to be appointed as a receiver for Pathward, N.A.,
or a Program Bank, your funds, aggregated with any other funds you
have on deposit at such institution would be eligible to be insured up
to $250,000 for each legal category of account ownership, subject
to compliance with FDIC deposit insurance requirements. You are
responsible for monitoring the total amount of all direct or in direct
deposits held by you or for you with Pathward, N.A., and the Program
Banks for purposes of monitoring the amount of your funds eligible
for coverage by FDIC insurance. To assist with calculating your FDIC
deposit insurance coverage, the FDIC has an Electronic Deposit
Insurance Estimator available at https://edie.fdic.gov. You may not
use your Account for any illegal transactions or any activity prohibited
by this Agreement.

You agree to pay the charges as shown on the Fee Schedule. We

will deduct the charges directly from your Account when you incur
them. We will not be liable for dishonor of any item resulting from
our deduction of any charges as authorized by this Agreement. Fees
assessed to your Account may bring your Available and/or Actual
Balance negative. Any time your available and/or Actual Balance is
less than the fee amount assessed to your Account or your Available
and/or Actual Balance is already negative, the assessment of the
fee may result in a negative Available and/or Actual Balance on your
Account or increase the negative Available and/or Actual Balance on
your Account, as applicable. If that occurs, any subsequent deposits
to your Account will first be applied to the negative Available and/or
Actual Balance.

Your Account does not offer a check-writing feature. You may not
write checks on your Account or order checks for your Account from
the Bank. Any transactions to your Account that involve a check
drawn on your Account, including written checks, check by phone,
or third-party authorizations that come through as a check, will not
be honored. However, you may have access to a preauthorized
check feature made available by a third party. Please visit the OAC or
Mobile App for more information about this feature. When providing
account and routing numbers to merchants to make a payment
(whether in person, electronically, or over the phone) you need to
ensure that the merchant is using the ACH system to process the
transaction as an electronic debit, as ACH is an accepted form of
payment for your Account. If the merchant processes a payment as
a check, the check may be rejected and not paid. The merchant may
charge a fee if this happens. You may not use your Card Number or
your Account number and our routing number in connection with
the creation and/or negotiation of any financial instruments, such as
checks, which we have not authorized.

3. Getting Started
Verification Process

Important information for opening an Account: To help the federal

government fight the funding of terrorism and money laundering
activities, the USA Patriot Act requires all financial institutions and
their third parties to obtain, verify, and record information that
identifies each person who opens an Account.

What this means for you: When you open an Account, we will ask for
your name, street address, date of birth, government ID number, and
other information that will allow us to identify you. We may also ask
to see a copy of your driver’s license or other documents at any time.

Accounts are opened subject to our ability to verify your identity

by requiring acceptable types of identification. We may validate
the information you provide to us to ensure we have a reasonable
belief of your identity. If we are unable to verify your identity to our
satisfaction, we will not open your Account or we may provide you
a Conditional-Use Account or close the Account if it was previously
funded. We reserve the right to not open an Account for anyone in
our sole discretion. We may also limit the number of Accounts that
you have in our sole discretion. Your Account is subject to fraud
prevention restrictions at any time, with or without notice.

Eligibility and Activation: To be eligible to use and open this Account,

you represent and warrant to us that: (i) you are citizen or permanent
resident of the fifty (50) United States or the District of Columbia who
can lawfully enter into and form contracts under applicable law in
the state in which you reside; (ii) the personal information that you
have provided to us is true, correct, and complete; and (iii) you have
read this Agreement and agree to be bound by, and comply with, its
terms.
Account Opening. In order to open an Account, you must make an
initial deposit of $10 or more, provide all of the personal and financial
information required and pass the mandatory identity verification
described above. In addition, to use a Card you receive from us in
connection with your Account, you must activate it by calling
1-866-647-6929, visiting the OAC, or using the Mobile App.
You will select a PIN when you activate your Card.
Retail Locations. If you acquired your Account through a
participating Retail Location (“Retail Location”), the Retail Location
will distribute all required Account disclosures, including this
Agreement and a Temporary Card, and will collect the personal and
financial information required for us to attempt to verify your identity.
If we are unable to verify your identity to our satisfaction, we will not
open your Account, but you may have a Conditional-Use Account
as provided below. As more fully described below, if we fully or
partially verify your identity at a Retail Location, you will be required
to complete the Account registration process through the OAC or
Mobile App, including any further validation required to verify your
identity.

Fully Verified Identity: if we fully verify your identity at the Retail

Location, you must log in to the OAC or Mobile App to complete the
Account registration process and activate your Temporary Card for
use. Once you complete the online Account registration process,
you will have full use of your Account and Temporary Card.

Partially Verified Identity: if we cannot fully verify your identity at

the Retail Location, you will be limited to one initial cash transfer at
the Retail Location in an amount not to exceed one thousand dollars
($1,000). In order to use your Account, you must log in to the OAC or
Mobile App to complete the Account registration process, resolve
any identity verification issues, and activate your Temporary Card for
use.

• If you successfully complete the Account registration process

online, resolve the identity verification issues, and activate your
Temporary Card, you will have full use of your Account.

• If you are unable to resolve the identity verification issues, we

may allow you to access your Account on a restricted basis
(“Conditional-Use Account”) for thirty (30) days following
completion of the Account registration process online. See
“Conditional-Use Account Restrictions” below for details.

Mobile App or Online Acquisition: If you acquired your Account

Online or through the Mobile App, all required Account disclosures
will be distributed electronically, including this Agreement, and we
will collect the personal information required for us to attempt to
verify your identity.

Fully Verified Identity: If we fully verify your identity, and once you
complete the online Account registration process, you will have full
use of your Account.

Partially Verified Identity: If we cannot fully verify your identity, you

will be limited to one initial deposit in an amount not to exceed one
thousand dollars ($1,000), and we may, at our discretion, allow you
to temporarily use your Account on a restricted basis (“Conditional-
Use Account”). See “Conditional-Use Account Restrictions” below for
details.

Conditional-Use Account Restrictions: If you have a Conditional-Use

Account, you will have the following restrictions for thirty (30) days.

Account Limits: No additional funds may be added to the

Conditional-Use Account outside of your initial deposit.
 Account and Card Use Restrictions:

With a Conditional-Use Account, you will be permitted to:

• Conduct domestic (U.S.) Transactions with your Card, Card

Number, or Access Device.

• Conduct PIN-based transactions, including ATM withdrawals,

with your Card or Card number.

• Conduct Over-the-Counter Withdrawals at a Financial

Institution with your Card.

With a Conditional-Use Account, you will not be permitted to use

your Account information, Card, or Access Device to:

• Conduct any international transactions.

• Conduct Account-to-Account transfers.

• Conduct any recurring payments with your Card, Card

Number, or Account number.

• Add any additional funds to your Conditional-Use Account,

irrespective of Deposit Method, source or type.

• Enroll in Debit Card Overdraft Services, Purchase Cushion, a

Savings Account, or any transfer feature available to customers
with an Account.

If we partially verify your identity, we will notify you if you are

eligible for a Conditional-Use Account and the steps necessary
to resolve your identity verification issues. If you resolve your
identity verification issues before your Conditional-Use Account
expires, full use of your Account will be restored and your
restrictions will be lifted. However, once your Conditional-Use
Account expires, you may be required to call Customer Service
to request a return of funds check for any remaining funds on the
Conditional-Use Account.

4. Account Funds
Deposits

There is a minimum deposit of $10 to open an Account. Deposits

may be made only in the form and manner we permit in our sole
discretion. We may, in our sole discretion, refuse to accept any
deposit. If an item you deposit is returned unpaid, we will debit
your Account, and assess any other fee we pay or loss we incur. In
addition, you are liable to us for all costs and expenses related to the
collection of any amount from you. Funds deposited to your Account
are available as described below in the “Funds Availability Policy”
section. Cash Transfers to your Account will not be FDIC insured until
we receive the funds even if we make the funds available to you prior
to receipt as described below. You cannot make any kind of deposit
through any ATM.
Limits

The following limits apply to deposits and transfers to your Account.

Available Deposit Methods and limits are subject to verification of our
identity (see the section labeled “Getting Started” for details):

Deposit Method Limit Frequency

Initial deposit for a
Partially Verified Account $1,000 One time.
(see Section 3)

Direct Deposit or ACH No limit

transfers (including
preauthorized recurring (Manual review may be None
transfers) from another conducted on deposits

financial institution exceeding $15,000.)

$7,500 per transaction None

Cash Transfers sent to us
$7,500 per day None
through the Netspend
Network $15,000 per 30-day
None.
period

Funds transmitted to us
through eligible third-
party money transmission Limit and frequency of deposits varies based on
service providers, Mobile service selected; please see third-party service
Check Service providers, terms and conditions for limits specific to the
or other third party seeking service selected.
to transfer funds to your
Account.

If you arrange to have funds deposited directly to your Account

through an ACH credit transaction, you must enroll with the entity
making the payment to you by providing our routing number and
your Account number. This information may be found in the OAC or
Mobile App. Cash Transfer providers may require you to meet certain
identification requirements, including presenting your Card, in order
to complete Cash Transfers. Except for the deposit transactions set
forth above that you have authorized, no other person can deposit
money into your Account on your behalf, and we reserve the right
to reject any such deposit. We will not accept any checks, money
orders, or cash mailed or otherwise provided to us for deposit, or any
inbound wire transfers to your Account. We are not liable for any
checks, money orders, or cash mailed to us.

FEDERAL PAYMENTS: THE ONLY FEDERAL PAYMENTS THAT

MAY BE DEPOSITED TO YOUR Account VIA AN ACH CREDIT ARE
FEDERAL PAYMENTS FOR THE BENEFIT OF THE AccountHOLDER.
IF YOU HAVE QUESTIONS ABOUT THIS REQUIREMENT, PLEASE
CALL Customer Service.

We may, through the OAC, Mobile App, or otherwise, offer you

additional ways to transfer funds to your Account from time to time,
and any terms, fees, or limits applicable to any of these methods will
be disclosed to you at the time they are offered to you.

Funds Availability Policy

The availability of your deposit varies, depending on the type of

deposit, and is explained below. Availability or use of funds deposited
to the Account may be delayed or denied in the event of technology
malfunctions or pursuant to our compliance with or discharge of
legal or regulatory responsibilities, or as otherwise provided in this
Agreement.

We may accept, pay, certify, or charge Items to your Account in the

order we choose. Even if we provisionally post Items to your Account
during the day, we may treat them as if we received all of them at the
end of the day.
Generally, your deposits and withdrawals are
processed as follows:

Unless manual review is needed, Direct Deposits and any

other ACH credits are added to your Available and Actual
Balance at the time we receive and process the applicable
ACH file or at the time we receive pending deposits that are
immediately available for your use. You may arrange to have
funds transferred by ACH to your Account by your employer
or other appropriate payor. In case of transmission error, or
transfer irregularity, your ability to withdraw funds may be
delayed. If this occurs, then funds will generally be available
within five (5) Business Days after we receive the deposit.

ACH debits are deducted from your Available and Actual

Balance in the order of lowest to highest dollar amount if
multiple ACH debits with the same effective date are present
in a single ACH file that we process or if multiple ACH debits
are received with an effective date in the future. ACH debits
that exceed your Actual Balance at 8:00 p.m. Central Time will
be returned.

Transactions received during the day are processed as they

occur. PIN or signature debit card transactions, including
any applicable transaction fees, received during the day are
debited from your Available Balance as they occur if there
is a sufficient Available Balance in the Account to pay them.
Please note: Your Available Balance may not reflect every
transaction you have initiated or previously authorized
(e.g., preauthorized debit transaction holds that are later
released). Your Actual Balance reflects all transactions that
have settled.

Fees for services we provide that have not already been

debited from your Account are deducted from your Available
and Actual Balance.

Funds sent to us through eligible third-party service

providers offering Mobile Check Services, funds transfer
services, or Cash Transfer services (i.e., retail reload).
Generally, funds that we receive from you through one of
these eligible third-party service providers will be available to
you within one (1) hour from the time we receive and process
them from the third-party service provider. Please see the
applicable third-party service provider’s terms of service
for information about their processing and transmission
timeframes.

Other Types of Deposits. Funds availability rules for other

types of deposits will be disclosed to you at the time those
other deposit options are offered to you.
Note that after we make funds available to you, and you have
spent, sent, or withdrawn all or a portion of the funds, you are still
responsible for any problems involving your deposit. If you have
arranged to have Direct Deposits made to your Account, you may
call us at 1-866-647-6929 to find out whether or not the deposit has
been made. There may be a fee associated with calling Customer
Service. For information about the fee, see the Fee Schedule above.

5. Using Your Account

Accessing Funds and Limitations

Each time you use your Card or another permitted method to access
funds in your Account, the Available Balance in your Account will
be reduced by the amount of the transaction and applicable fees.
Generally, you may not exceed the Available Balance in your Account
through an individual transaction or a series of transactions – unless
we decide, in our sole discretion, to approve such transaction(s)
because you have (a) qualified for Purchase Cushion coverage or
(b) opted to participate in and have qualified for the Debit Card
Overdraft Service. If you do not qualify for either the Purchase
Cushion or the Overdraft Service (each defined in more detail below),
and any transaction(s) exceeds the balance of the funds available in
your Account, you will remain fully liable to us for the amount of the
transaction(s) and any corresponding transaction fee(s) and agree
to pay us promptly for the negative balance. If your Account has a
negative balance, any deposits will be used to offset the negative
balance. We may also, to the extent permitted by applicable law,
use any deposit or balance on another account you have with us to
offset a negative balance in your Account. If you have not deposited
sufficient funds to your Account to cover the negative balance
within sixty (60) days of its creation, we may close your Account.
Additionally, we have the right to pursue collection, including the
right to collect funds, equal to or less than the negative balance,
from any other account(s) you may have with us. 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. The following types of electronic funds
transfers are available on your Account:

ACH Transfers. You may provide another party the ability to

initiate transfers to or from your Account (on a one-time or
recurring basis) through an ACH transaction. If you authorize
the party initiating the withdrawal or deposit with advance
authorization to make recurring ACH transfers to or from your
Account, the transfers are referred to as “preauthorized transfers”

Preauthorized Credits/Debits. We accept, on your behalf,

preauthorized credits and debits to your Account. You may
also arrange for recurring payments to merchants and other
parties using bill pay services made available through eligible
third-party bill payment service providers. We may conduct
these transactions via ACH transfer. Each of these services
has unique fees associated with the transaction – please see
the Fee Schedule above. When you provide the party initiating
the withdrawal or deposit with advance authorization to make
recurring ACH transfers to or from your Account, the transfers
are referred to as “preauthorized transfers.” Because these
preauthorized transfers are performed electronically through
the ACH, they are governed by federal regulations pertaining to
EFT services. These regulations entitle you to certain benefits
and protections in connection with the EFT services, such as the
right to receive a copy of your written authorization to debit your
Account from the party that obtains it.
Card Transactions. Any Card issued by us to you remains our
property and must be surrendered upon demand. To guard
against someone initiating a transaction that you have not
authorized, you must take all reasonable precautions to prevent
any other person from learning your PIN. If you permit or
authorize another person or entity to use your Card or PIN, you
may be liable for all resulting transactions and fees incurred. You
must notify us to revoke permission for any person or entity you
previously authorized to use your Card, Card Number, or PIN. If
you notify us to cancel another’s use of your Card, Card Number,
or PIN, we may cancel your Card and issue a new Card to you
with a different number.

Cash Access. With your PIN, you may use your Card to obtain
cash from any ATM or any Point-of-Sale (“POS”) device,
if and as permitted by the relevant merchant, bearing an
acceptance mark displayed on the Card. ATM transactions
are treated as cash withdrawal transactions. You may also
obtain your Available Balance through certain ATMs. A fee
may be associated with the use of your Card to obtain cash
or Available Balance information. For information about these
fees, please see the Fee Schedule above. In addition, some
or all transactions may be subject to a surcharge assessed by
the terminal owner. Any cash withdrawn through an ATM or
POS device transaction, or through a participating bank, will
be subject to the limitations set forth in the section below
labeled “Limits.” Cash withdrawals are available up to the daily
authorization limits disclosed below, provided the Available
Balance in your Account is greater than or equal to the amount
requested plus any fees that may be charged along with the
cash withdrawal. Cash withdrawals may also be subject to
varying daily limits at the terminal owner’s discretion. If you
use your Card and PIN to obtain Available Balance information
through an ATM, please note that the Available Balance
information provided may not reflect recent transactions
and may include funds that are not available for immediate
withdrawal.

Purchase Transactions. You may use your Card to purchase

goods and services from merchants that accept Cards
bearing an acceptance mark displayed on the Card as
a method of payment. If you do not have enough funds
available in your Account to cover the total amount of a
purchase transaction, you can instruct the merchant to charge
a part of the purchase to your Card and pay the remaining
amount with cash or another payment method. These
transactions are called “split transactions.” Some merchants
do not allow customers to conduct split transactions. 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 in your Account 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 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% more to
ensure there are sufficient funds available to cover tips or incidental
expenses incurred. Any preauthorized amount will result in the
placement of 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 preauthorized amount on hold
will be removed. If we do not receive the final payment amount, the
preauthorized amount on hold will remain in place for thirty (30) days.
During a hold period, you will not have access to the preauthorized
amount. You do not have the right to stop payment on any purchase
or payment transaction initiated by use of your Card, except as
otherwise permitted in this Agreement. If you authorize a transaction
and then fail to complete the transaction, the approval may result in
a hold. If you use your Card at an automated fuel dispenser (“pay at
the pump”), the merchant may preauthorize the transaction amount
up to $100 or more. If your Card is declined, even though you have
sufficient funds available, you should pay for your purchase inside
with the cashier.

If you are entitled to a refund for any reason for goods or services
obtained with your Card or Account, you agree to accept credits
to your Account for such refunds and agree to the refund policy of
the relevant merchant. Merchant refunds in an amount the same
as or less than the amount of the corresponding debit will post to
your Account when they are received. We have no control over
when a merchant sends a refund transaction; there may be a delay
between the date of the refund transaction and the date the refund
amount is credited to your Account. We are not responsible in any
way for any goods or services you decide to purchase, including,
without limitation, their quality, safety, legality, or delivery. We will not
become involved in any dispute involving such goods or services. 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 attempt to
handle it directly with the merchant. You also agree to release us
and our respective directors, officers, employees, and agents from
any and all claims, demands, and damages between persons using
and accepting the Card associated with your Account, including
any claims, demands, or damages arising out of or related to the
purchase or sale of goods or services.

We are not responsible in any way for any goods or services you
decide to purchase, including, without limitation, their quality, safety,
legality, or delivery. We will not become involved in any dispute
involving such goods or services. You also agree to release us and
our respective directors, officers, employees, and agents from any
and all claims, demands, and damages between persons using and
accepting the Cards issued to you, including any claims, demands, or
damages arising out of or related to the purchase or sale of goods or
services.

Transfers to Your Other Accounts. You may transfer funds to an

optional linked Savings Account (“Savings Account”). Separate
terms and conditions apply to the Savings Account; see the OAC or
Mobile App for additional information. You may also direct that funds
be transferred from your Account to other accounts you own and
hold with us or certain other financial institutions by using a transfer
option available in the OAC or Mobile App; see the OAC or Mobile
App for additional information.
Transfers to Third Parties. You may transfer funds from your Account
to third-party accounts or persons by using a transfer option available
in the OAC or Mobile App. Once the transfer has occurred, it is
irrevocable.

Limits

The following limits apply to transactions on your Account:

Spend Method Limit Frequency

Point-of-Sale
Purchase Transactions $5,000 per
None
transaction
(PIN-based or Signature-based)

Cash Withdrawals
at a Financial Institution $5,000 per
None
transaction
(OTC Cash Withdrawal)

$400 per
ATM Cash Withdrawals None
transaction
(domestic or international)
$1,000 per day None

$1500 per day Maximum four (4) per day.

Per rolling seven (7) day

$2500 per
period, incoming or outgoing;
week
Account-to-Account maximum of ten (10) transfers.
Transfers
Per rolling thirty (30) day
$3500 per period, incoming or outgoing;
month maximum of forty (40)
transfers.

Funds transmitted to a
third party (person or
Limit and frequency of deposits varies based
account) electronically
on service selected; please see third-party
by an eligible third-party
service or third-party financial institution terms
money transmission service
and conditions for limits specific to the service
provider (e.g., a non-ACH
selected.
transfer through a third-
party service provider)

Limit and frequency of deposits varies based

Preauthorized Debits to a on service selected; please see third-party
third party (person or service service or third-party financial institution terms
provider) and conditions for limits specific to the service
selected.

Foreign Transactions

If you make a purchase or obtain cash using your Card in a currency

other than U.S. dollars or a country other than the U.S. (“Foreign
Transaction”), the amount deducted from your Account will be
converted by the network or card association that processes the
transaction into an amount in the currency of your Account. The rate
they choose is either: (i) selected from the range of rates available
in wholesale currency markets (which may vary from the rate the
association itself receives) or (ii) the government-mandated rate in
effect for the applicable central processing date. The conversion rate
selected by the network is independent of any fee that we charge as
compensation for our services. You will be charged a fee for Foreign
Transactions in U.S. dollars as disclosed in the Fee Schedule. Fees
may be assessed for transactions conducted in U.S. territories. If
a Foreign Transaction results in a credit due to a return, we will not
refund any Foreign Transaction Fee that may have been charged on
your original purchase.
Preauthorized Transfers

Right to stop payment and procedure for doing so. If you have told
us in advance to make regular payments out of your Account, you
can stop any of these payments. Here’s how: Call or write us with
the Customer Service information above in time for us to receive
your request at least three (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 fourteen
(14) days after you tell us you want to stop such payments. There
may be a fee associated with each stop payment order you give. For
information about the fee, please see the Fee Schedule. To stop a
recurring payment to a merchant you have preauthorized to debit
your Account, you may also contact the merchant to request that the
recurring payment be cancelled. If you have arranged for recurring
payments to a merchant using the bill pay services available through
an eligible third-party service provider, you should first contact
the applicable third-party service provider to cancel the recurring
payment.

Notice of varying amounts. If these regular payments vary in amount,

the person you are going to pay is required to 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. If you

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

Our Liability for Failure to Complete Transactions

If we do not complete a transaction to or from your Account on time

or in the correct amount according to our Agreement with you, we
will be liable for your losses and 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 in your 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 Account has been blocked after you reported

your Card, PIN, or other Access Device 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 communications failure) prevent the completion
of the transaction, despite reasonable precautions that we
have taken;
 9. In the case of preauthorized credits, the data from the third
party is not received, is incomplete, or is erroneous; or

10. For any other exception stated in our Agreement with you.

6. Confidentiality
We may disclose information to third parties about your 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 Account

for a third party, such as a merchant;

3. In order to comply with government agency or court orders,

or other legal reporting requirements;

4. If you give us your written permission;

5. To our employees, auditors, affiliates, service providers, or

attorneys as needed; or

6. As otherwise necessary to fulfill our obligations under this

Agreement.

7. Documentation
Periodic Statements

You will be able to review Account transactions and Account

statements through the OAC or Mobile App. You should review your
transaction history regularly to protect your rights, including your
right to dispute transactions that you believe are unauthorized. We
will send you an email that your Account statement is available on
the OAC or Mobile App, and the Account statement shall be deemed
received on the date that it is posted to the OAC or Mobile App.

Periodic statements will be available for each monthly cycle in which

an EFT occurs. If no EFT has occurred, a periodic statement will be
provided at least quarterly. If your Account is dormant, we may stop
sending you Account statement emails, posting statements to the
OAC or Mobile App, or both (see the “Unclaimed Property – Accounts
Presumed Dormant or Abandoned” section for more details on
inactive Accounts).

Receipts

You can get a receipt at the time you make any transfer to or from
your Account using an ATM or point-of-sale terminals. You may need
a receipt in order to verify a transaction with us or the merchant.
8. Truth-In-Savings Disclosures
Rate Information: There is no interest rate on your Account, and your
annual percentage yield is zero (0%).

Balance Information

Minimum Balance Requirements: No minimum balance is

required to open or maintain an Account, avoid the imposition of
any fees, or obtain the disclosed annual percentage yield.

Fees: Fees apply to this Account. Please refer to the Fee Schedule
at the start of this Agreement for a complete listing of the fees
applicable to this Account.

9. Lost or Stolen Cards; Unauthorized

Transactions
Contact Customer Service Immediately

If you believe your Card, PIN, or Access Device has been lost or
stolen, contact Customer Service. You should also call or write to
Customer Service if you believe a transfer has been made without
your permission.

Your Liability for Unauthorized Transfers

Tell us AT ONCE if you believe your Card or Access Device has been
lost or stolen, or if you believe that an electronic funds transfer has
been made without your permission. Calling Customer Service is
the best way of keeping your possible losses down. You could lose
all the money in your Account. If you tell us within 2 Business Days
after you learn of the loss or theft of your Card or Access Device, you
can lose no more than $50 if someone used your Card, Account,
or Access Device 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 Access Device, and we can prove we could have stopped
someone from using your Card, Account, or Access Device without
your permission if you had told us, you could lose as much as $500.
If your Card, PIN, or Access Device has been lost or stolen, we will
deactivate your Card or Access Device, as applicable, and issue you a
new one to keep losses down.

Also, if your statement 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 after the FIRST Account statement
on which the transfer appeared was sent (or delivered through the
OAC or Mobile App), 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.
In case of errors or questions about your Electronic Transfers

Call Customer Service, write to Customer Service, or email us at

[email protected] as soon as you can if you think
your Account statement or receipt is wrong or if you need more
information about a transfer listed on the statement or receipt. We
must hear from you no later than 60 days after we sent (or delivered
through the OAC or Mobile App) you the first statement on which the
problem or error appears. You will need to tell us:

1. Your name and Card or Account number;

2. A description of the error or the transaction you are unsure

about;

3. An explanation of why you believe it is an error or why you need

more information; and

4. The dollar amount of the suspected error.

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 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. 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, point-of-
sale, 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 Customer Service.

Your Liability for Unauthorized Visa or Mastercard Transactions

If your Card bears the Mastercard acceptance mark, under

Mastercard’s Zero Liability Policy, your liability for unauthorized
transactions using your Card is $0 if you notify us promptly upon
becoming aware of the loss or theft, and you exercise reasonable
care in safeguarding your Card from loss, theft, or unauthorized
use. These provisions limiting your liability do not apply to debit
transactions not processed by Mastercard.

If your Card bears the Visa acceptance mark, under Visa’s Zero
Liability Policy, your liability for unauthorized transactions on using
your Card is $0 if you notify us immediately and are not negligent or
fraudulent in the handling of your Card. These provisions limiting your
liability do not apply to debit transactions not processed by Visa or
foreign ATM withdrawals.
10. Additional Terms Of The Agreement
Personal Identification Number (“PIN”)
You will select a Personalized Identification Number (“PIN”) when
you activate your Card. You should not write or keep your PIN with
your Card. Never share your PIN with anyone 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 this
Agreement.
Card Replacement and Expiration
If you need to replace your Card for any reason, please contact
Customer Service (fees may apply; see the Fee Schedule). You will
be required to provide personal information which may include your
Card Number, full name, transaction history, and similar information
to help us verify your identity. Please see the Fee Schedule for any
applicable fees to replace your Card. Please note that your Card has
a “Valid Thru” date on the front of the Card. You may not use the Card
after the “Valid Thru” date on the front of your Card. You will not be
charged a fee for replacement Cards that we send due to expiration
of the Card.
Additional Cards/Authorized Users
The Account may only be owned and titled in the name of one
individual. Account ownership is nontransferable. The Account
cannot be owned or titled jointly, by an organization, as “Payable on
Death” or “In Trust For.” You may not permit another person to have
access to your Card or Account. If you do provide access to your
Card or Account, you are liable for all transactions conducted using
the Card and any additional Card or the Account. You are wholly
responsible for the use of each Card and Account according to the
terms of this Agreement, subject to the terms of this Agreement and
applicable law.
Communications
You agree that we may monitor and record any calls or other
communications between us and you. You also agree that we or our
service providers may contact you with any contact information you
provide to us, including cellular and wireless phone numbers, landline
numbers, and email addresses. You also agree that we or our service
providers may contact you by using an automated dialing or email
system, by text, or artificial or recorded voice. You agree to pay any
service charges assessed by your plan provider for communications
we send or make to you or that you send or make to us.
Change of Address
You are responsible for notifying us immediately upon any change
to your address or email address. If your address changes to a non-
U.S. address, we may close your Account and return funds to you in
accordance with this Agreement. You are responsible for notifying
us of any change in your physical address, mailing address, email
address, phone number, or your name, no later than two (2) weeks
after said change. We will attempt to communicate with you only
by use of the most recent contact information you have provided
to us. You agree that any notice or communication sent to you at
an address noted in our records shall be effective unless we have
received an address change notice from you with reasonable time
to act upon it.
We cannot accept responsibility for any email messages not
received by you, or for any delay in the receipt or delivery of any email
notifications. If you make your email account available to any other
individual, you agree that you are responsible for any release of any
Account information to such individual. It is your sole responsibility
to ensure that the email address you provide to us is current and
accurate. We are not responsible for loss of messages and other
consequences if you do not provide an accurate and current email
address.

Unclaimed Property: Accounts Presumed Inactive or Abandoned.

For security reasons, we may refuse a withdrawal or transfer from
Accounts we internally classify as dormant if we cannot reach you
in a timely fashion to confirm the transaction’s authorization. Your
Account is dormant if your Account has not had any activity, that
is, no purchases; no cash withdrawals; no deposits; or no balance
inquiry fees, for three hundred sixty-five (365) consecutive days. We
may transfer (escheat) your property to the appropriate state if no
activity occurs in the Account or you fail to communicate with us
regarding your Account within the time period specified by state law.
We may consider an Account inactive even if you maintain another
active account with us. We may impose a fee for sending a dormant
Account notice to you prior to transferring the funds to the state.
If funds are transferred to the state, you may file a claim with the
state to recover the funds. We will have no further liability to you
for such funds. When the funds in your Account are delivered to the
state, your Account is closed. We encourage you to make sure your
Account remains active, so you have full use of your Account, and
avoid the potential of having your Account funds transferred to the
state as “abandoned or unclaimed property.”

11. Optional Features and Services

Purchase Cushion

The Purchase Cushion is a special feature available exclusively

to Accountholders who have received qualifying Direct Deposits
of paychecks and/or government benefits payments totaling at
least five hundred dollars ($500) within one (1) calendar month. If
you have these qualifying Direct Deposits, the Purchase Cushion
feature will be available for as long as the Account remains open
and in good standing. Qualifying for Purchase Cushion is a one-time
requirement.

WHAT YOU NEED TO KNOW ABOUT PURCHASE CUSHION

You generally do not have the right to make transactions or incur
fees in amounts exceeding the Available Balance of your Account.
We reserve the right to deny any transaction if available funds
in your Account are insufficient to cover any transaction, fees,
or other charges. However, as a non-contractual courtesy, and
in our sole discretion, upon qualifying for the Purchase Cushion,
we may authorize one-time (non-recurring) PIN- and signature-
based purchase transactions that you request that create up to a
$10 negative Available Balance in your Account. We refer to this
feature as the “Purchase Cushion.”

Fees: You will not be assessed any fees for Purchase Cushion
coverage. If you meet our eligibility requirements, we may
authorize negative Available Balances resulting from one-
time PIN- and signature-based purchase transactions initiated
 using your Card. No other Account transactions are eligible for
Purchase Cushion coverage.

Terms of Use: It is important to keep track of the Available Balance

in your Account because it will be your responsibility to determine
if we authorized Purchase Cushion coverage. If you conduct
a transaction that creates a negative Actual Balance in your
Account, you agree that within thirty (30) days of its creation you
will add sufficient funds to your Account to cover the negative
balance so that your Account has at least a zero or positive
balance, or that you will otherwise immediately pay such an
amount to us in full upon demand. If after thirty (30) days you have
not added sufficient funds to cover your negative Actual Balance,
your Account will remain open to receive credits and deposits,
which will automatically be applied to your negative Actual
Balance before they are available to you; however, you will not be
able to conduct any transactions using your Account, including
any Card transactions, until your Account has a positive Actual
Balance (i.e., sufficient funds to cover the negative balance).

Furthermore, we have the right to pursue collection, including

the right to collect funds, equal to or less than the negative Actual
Balance, from any other Account(s) you may have with us. In all
instances described above, funds added to your Account may be
made via Direct Deposit or any of the other methods described in
this Agreement.

In the event your Account is closed, or you voluntarily discontinue use

of your Account, you will remain responsible for the negative Actual
Balance in your Account and agree that any credits or deposits to
your Account will be applied to offset any negative balance.

You acknowledge that a negative Actual or Available Balance in your

Account does not constitute a contractual open end line of credit.
If we permit a negative Actual or Available Balance on one or more
occasions, we do not thereby obligate ourselves to permit a negative
Actual or Available Balance on any future occasion, and we may
refuse to permit a negative Actual or Available Balance for you at
any time, even though we may have previously permitted negative
Actual or Available Balances up to the $10 limit for you. We have no
obligation to notify you before we authorize or decline a transaction
that would result in a negative Actual or Available Balance in your
Account. Items will generally be processed in the manner described
in the section above labeled “Funds Availability Policy.”

Debit Card Overdraft Service

Your Account includes access to the optional Debit Card Overdraft

Service as described below.

IMPORTANT: The Purchase Cushion and the Debit Card Overdraft

Service are SEPARATE features. You may NOT receive the benefits of
the Purchase Cushion and the Debit Card Overdraft Service at the
same time.

What you need to know about overdraft and overdraft fees

You generally do not have the right to make transactions in amounts

exceeding the Actual Balance of your Account (“Overdraft”);
however, as a non-contractual courtesy, the optional Debit Card
Overdraft Service (“Service”) is available on your Account if you elect
to participate (i.e., “opt in”), and you have met each of the activation
and eligibility requirements described below. In the event you qualify
and opt in to the Service, we may authorize you to conduct one-
time PIN- and signature-based purchase transactions and ATM
withdrawals and incur fees that exceed the Available Balance of your
Account, subject to the applicable fees and limitations described
herein, and we reserve the right to pay Overdrafts at our discretion,
which means we do not guarantee that we will always authorize and
pay any type of transaction. If we do not authorize the transaction,
it will be declined. We may suspend or deactivate your use of the
Service at any time, including if you incur too many Overdrafts. If you
choose to participate in the Service, it is that Service only that will
provide coverage, at our discretion, for Overdrafts. If you opt out of
the Service or your participation in the Service ends or is suspended
for any reason, and you have continuously used and maintained
your Account in accordance with the terms of this Agreement, the
Purchase Cushion feature may be made available to you at our
discretion (see the “Purchase Cushion” section for more information).
Activation and Eligibility: To activate the Service on your Account, you
must take each of the following steps:
A. Review and accept the terms pertaining to the Service;
B. Enroll in the Service (i.e., opt in) by visiting the OAC or Mobile
App, or by calling 1-866-647-6929;
C. Have a positive Actual Balance at the time of Service
activation; and
D. Receive Direct Deposits totaling at least four hundred
dollars ($400) to your Account within thirty-five (35) days of
enrollment in the Service (deposits made prior to enrollment
will be taken into consideration for meeting the $400
requirement).
The Service will be activated on your Account within twenty-four
(24) hours after you satisfy each of the steps above. After activation
of the Service, you must continue to receive Direct Deposits to your
Account totaling at least two hundred dollars ($200) every thirty
(30) days.
Terms of Use: If you have enrolled in the Service and meet our
eligibility requirements, we may authorize and pay Overdrafts
resulting from one-time PIN- and signature-based purchase
transactions initiated using your Card and ATM withdrawals. Other
non-network debit funds transfer services, such as ACH debit
transactions and those initiated through third-party bill pay service
providers, are not eligible for coverage. It is important to keep track
of the Available Balance in your Account because it will be your
responsibility to determine if you have overdrawn your Account,
the day and time the Overdraft occurred, and the amount of any
Overdraft that is authorized. You agree that within thirty (30) days of
any Overdraft occurrence on your Account you will add sufficient
funds to bring your Account back to a zero or positive Actual Balance,
or that you will otherwise immediately pay such amount(s) to us
in full upon demand. You acknowledge that your participation in
the Service and the settlement by us of any Overdraft transactions
does not constitute a contractual open-end line of credit. Our
authorization or settlement of any Overdraft transaction on one or
more occasions does not obligate us to authorize or settle future
transactions. We may refuse the authorization or settlement of any
Overdraft transaction for you at any time. We have no obligation to
notify you before we authorize or decline a transaction that would
result in an Overdraft in your Account.
If you fail to receive Direct Deposits totaling at least two hundred
dollars ($200) every thirty (30) days after Service activation, the
Service will be suspended until you opt in to the Service and meet
all the eligibility requirements. If your Account has a negative Actual
Balance for more than thirty (30) days on three separate occasions
or on any one occasion for more than sixty (60) days, the Service will
be suspended for one hundred eighty (180) days and you must meet
all initial eligibility requirements prior to reenrolling. If your Account
has a negative Actual Balance for more than one hundred eighty
(180) days, the Service will be suspended and may not be enabled for
one hundred eighty (180) days from the date you cure your negative
Actual Balance and meet all initial eligibility requirements. If you
overuse or abuse the Service (as determined in our sole discretion),
we may suspend the service temporarily or permanently. We have
the right to pursue collection of any amounts owed at our sole
and absolute discretion. If we have suspended the Service, your
Account will remain open to receive credits and deposits, which will
automatically be applied to your negative Actual Balance before they
are available to you; however, you will not be able to conduct any
debit and spend transactions using your Account, until your Account
has a positive Actual Balance (i.e., sufficient funds to cover the
negative Actual Balance).

Fees: Your participation in the Service is subject to the terms of this

Agreement and, by using the Service, you may incur fees. The fees
for the Service are described here, and in the Fee Schedule above.
The Overdraft Fee is applied to certain transactions that result in a
negative Available Balance at the time of the transaction and is in
addition to any other fees ordinarily applicable to a transaction on
your Account as disclosed in your Agreement. A transaction may
incur an Overdraft Fee even though your Actual Balance is positive,
but your Available Balance is negative, at the time the transaction
settles, as previously authorized transactions may later settle and
bring your Actual Balance negative. For the first Overdraft transaction
that settles and creates a negative Actual Balance greater than ten
dollars ($10), you will have twenty-four (24) hours to add sufficient
funds to your Account to bring your Account back to a zero or
positive Actual Balance to avoid incurring any Overdraft Fee(s)
(“Grace Period”). If you fail to do so, you will incur an Overdraft Fee for
each transaction settled after your Actual Balance was greater than
ten dollars ($10) overdrawn, subject to the limitations set forth herein.
If you bring your Account back to a zero or positive Actual Balance
during the Grace Period, you will avoid incurring Overdraft Fees for
each transaction settled after your Actual Balance was greater than
ten dollars ($10) and the Grace Period will reset.

Fee associated with the Service

Maximum of five (5)

Overdraft Fees per calendar month.
Overdraft Fee $20
Maximum of forty-five (45)
Overdraft Fees per Annual Period.

Multiple Overdraft Fees may be charged if multiple Overdraft transactions are authorized on the
same day. Only transactions that result in a negative Available Balance when authorized may be
subject to the fee. Transactions are not always processed in the order in which you make them.
The order in which the transactions are received and processed can affect the balance of funds
available in your Account and the total amount of Overdraft Fees assessed to your Account (see the
“Funds Availability Policy” section for more information).

We will send an email notification to your email address as reflected

in our records (and an SMS text message if you are enrolled in text
alerts; message and data rates may apply) when an Overdraft occurs.
We will tell you where and when the transaction occurred and its
amount. If the Overdraft was the first transaction to cause your Actual
Balance to be overdrawn by more than ten dollars ($10), we will
also tell you when the Grace Period ends for purposes of avoiding
payment of the Overdraft Fee(s).

There is a limit of forty-five (45) Overdraft Fees that we may charge

you per Annual Period (“Annual Overdraft Fee Cap”). If you reach
the Annual Overdraft Fee Cap prior to the end of the Annual Period,
the Service will be suspended until the end of the applicable Annual
Period at which time it will be reactivated if you have met all of the
ongoing eligibility requirements noted above.

Exclusions: Non-network debit funds transfer services, such as ACH

debit transactions and those initiated through third-party bill pay
service providers, are not eligible for coverage.

Notifications: We will send you email notifications to the email

address we have for you on file when (1) you opt in or opt out of
the Service; (2) a transaction results in a negative Available or
Actual Balance in your Account; (3) an Overdraft Fee is assessed
(if applicable); and (4) the Service is activated or deactivated on
your Account. We may also send other email notifications about
the Service from time to time. We are not responsible for loss of
messages and other consequences if you do not provide an accurate
and current email address (see the “Change of Address” section for
more information).

The Service is offered in our sole and absolute discretion, and as

such, we may elect to deactivate the Service at any time, refuse
to authorize any transaction that exceeds your Available Balance,
modify eligibility or activation requirements, and/or modify or change
the Overdraft Fee, limits, or any other aspect of the Service. We will
send you a notice of changes to this Service as required by law or
regulation.

Opt Out: Once you have opted in to the Service, you may opt out at
any time through the OAC, Mobile App or by calling 1-866-647-6929.
Should you choose to opt out of the Service, you remain responsible
for any negative Actual Balance(s) on your Account and agree that
any deposits made to your Account will be used to offset the value of
the negative Actual Balance(s), if any.

Virtual Card
To purchase or lease goods or services or make payments by
telephone or online, without needing to provide your actual Card
Number, you may have up to six (6) active Virtual Cards connected
to your Account. Your Account must be open before you can request
a Virtual Card (see the section labeled “Getting Started” for more
information). By opening an Account you acknowledge that we may
automatically create a Virtual Card on your behalf. Visit the OAC or
Mobile App for instructions on how to request or use a Virtual Card.
A Virtual Card consists of a 16-digit card number, a 3-digit security
code, and an expiration date. Each Virtual Card expires one (1) year
from the last day of the calendar month in which the Virtual Card was
created (e.g., a Virtual Card created on February 24, 2022 will expire
on February 28, 2023). All use of your Virtual Card will be subject to
the terms and conditions of this Agreement.
Digital Card
Digital Cards may be used when adding an Access Device to a third-
party digital wallet through the Mobile App. A Digital Card consists
of a 16-digit card number, a 3-digit security code, and an expiration
date, although only the last 4 digits of the Card Number will be visible
to you in the OAC or Mobile App. You will not be able to use the
Digital Card outside of the digital wallet to which it is added.
If available on your Account, a Digital Card will be created when you
use the Mobile App to request that we connect your mobile device
to your digital wallet. You will need to select a PIN for the Digital Card,
which is separate from other Cards you may have. A maximum of
one (1) Digital Card may be connected to your Account at any time,.
All use of a Digital Card will be subject to the terms and conditions of
this Agreement.

Online Account Center (OAC) and Mobile App

You may have access to an OAC, Mobile App or both (access to the
OAC or Mobile App may be limited depending on how you acquired
your Account). Your use of and access to OAC and/or Mobile
App is governed by this Agreement and any terms and conditions
applicable to the OAC and/or Mobile Ap. You may use the OAC
or Mobile App to obtain Financial Services through your personal
computer or mobile device (e.g., tablet or smartphone) on your linked
Account. You must have a mobile device capable of downloading
Java applications and making data connections to the Internet. You
must be authorized to use and incur charges on your mobile device
cellular account in relation to obtain Financial Services through
Mobile App or through a mobile-optimized version of the OAC.
Description of Services: You may use the OAC and Mobile App to
obtain Financial Services and access information on your Account,
including, but not necessarily limited to:
1. Direct funds transfers from your linked Account on either a
one-time or recurring basis;
2. View current balance information for your Account and any
linked Savings Account;
3. Review available transactions on your Account;
4. Perform self-service Account maintenance such downloading
monthly statements, changing address and phone, and
changing your Password; and
5. Send and receive secure online mail messages
regarding your Account.
We may offer additional mobile services and features in the future.
Any such added mobile services and features will be governed by
this Agreement and by any terms and conditions provided to you at
the time the new mobile service or feature is added and/or at the
time of enrollment for the feature or service if applicable. If at any
time your Account access is limited, blocked, or inactive, you may
lose access to certain services, features, and functionality accessible
through the Mobile App, OAC, or both.
We do not charge a fee for your access to, or use of, the OAC or
Mobile App. However, please see the Fee Schedule for any fees that
may apply to your Account for transactions that you conduct, or
services that you request or use, through the OAC or Mobile App.
You are responsible for web access and/or data or text message
charges that may be billed by your mobile carrier. Check with your
mobile carrier for details on specific fees and charges that may be
applicable.
 Other Terms and Conditions:
Internet Access. You certify that you have access to the Internet
and have a current email address. You have sole responsibility for
providing us with a correct and operational email address. We
will not be liable for any undelivered email communications or
any costs you incur for maintaining Internet access and an email
account. You must promptly notify us of any change in your email
address.

Login and Device Protection. You will not disclose your login
credentials (user name or Password) to any person. You
understand and agree that we may rely on the use of your login
credentials to access your Account through the OAC and Mobile
App and are therefore authorized to act upon instructions and
information received from any person that enters your login
credentials.

If you forget your login credentials (user name or Password),

become locked out and we reset your Password, or your Password
expires, you will be required to re-establish your login credentials to
regain access to the OAC and Mobile App.

You agree to take precautions to ensure the safety, security, and

integrity of your Account and transactions when using the OAC and
Mobile App. You agree not to leave your computer or mobile device
unattended while logged in. Log off immediately at the completion
of each access by you, and secure access to your mobile device,
lock your mobile device, and take other steps necessary to prevent
unauthorized use of your Account, the OAC, and the Mobile App.

Although considerable effort is expended to make the OAC, the

Mobile App, and our other operational and communications
channels consistently available, we do not warrant these channels
to be available and error free at all times. You agree that we will not
be responsible for any interruptions in service due to maintenance
of, changes to, or failure of the OAC, Mobile App, or other
communications channel. We may terminate your participation in the
OAC, Mobile App, or both for any reason, including inactivity, at any
time. We will try to notify you in advance, but we are not obligated to
do so.
12. Legal Notices
English Language Controls

Translations of this Agreement that may have been provided are

for your convenience only and may not accurately reflect the
original English meaning. The meanings of terms, conditions, and
representations herein are subject to definitions and interpretations
in the English language.

Account Closure

You may close your Account by contacting Customer Service. Your

request for Account closure will not affect any of our rights or your
obligations arising under this Agreement prior to the request. Should
your Account be closed, we will issue you a credit for any remaining
balance on your Account, subject to any fees (see your Fee Schedule
for applicable fees, if any). We reserve the right to close your Account
should you complete or attempt to complete any of the prohibited
actions in this Agreement.

We may close your Account at any time with or without cause. We

may try to notify you in advance should this be necessary, but we
are not obligated to do so unless required by law. If we close your
Account, we will, unless otherwise required by law, send you a check
for your final balance, if any, minus any applicable Account fees and
charges. If your Account Balance is insufficient to pay applicable
Account fees and charges owed to us, you will continue to be liable
to us for the unpaid amount until it is paid in full. Your obligations
for transactions conducted prior to Account closure will survive the
closure of the Account.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS

Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND TO YOU, AND HEREBY EXPRESSLY DISCLAIM ALL
WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING
OUR SERVICES OR ANY FINANCIAL SERVICE OR RELATING TO
OR ARISING OUT OF THIS Agreement, INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.

Assignability

You may not assign or transfer your Account or your obligations

under this Agreement. We may, however, transfer or assign our rights
under this Agreement, including any balances in your Card Account.
If we assign our rights, you will get a notification from us.

Amendment and Cancellation

We may change this Agreement at any time. We may add new terms
or delete or amend existing terms, add new services and discontinue
existing services, or convert existing services into new services.
We will give you reasonable notice in writing or by any method
permitted by law of an adverse change to this Agreement. However,
if the change is made for security purposes, we can implement such
change without prior notice unless otherwise required by law. We
may, but are not required to, notify you of changes that we make
for security reasons or that we believe beneficial or otherwise not
adverse to you. When we change this Agreement, the then-current
version of this Agreement supersedes all prior versions and governs
your Account. If you continue to use your Account or keep it open,
you are deemed to have accepted and agreed to any changes, as of
the effective date of any such change.

Legal Process

We will comply with any state or federal legal process, including,

without limitation, any writ of attachment, adverse claim, execution,
garnishment, tax levy, restraining order, subpoena or warrant relating
to you or your Account which we believe to be legally valid. You
agree that we will honor valid legal process that is served personally,
by mail, or by facsimile transmission. You agree that we will have no
liability to you for honoring any such legal process. You also agree
that you will be obligated to assert any claims of exemption you may
have under state or federal law and that we will have no obligation to
assert the same on your behalf except to the extent required under
any applicable state or federal law. We will also have and may enforce
our right of setoff and security interest against any of your Accounts
in order to reimburse us for any sums owed to us. We may refuse
to permit withdrawals or transfers from your Account until such
legal process is satisfied or dismissed even if such action results in
insufficient funds to satisfy an obligation you may have incurred. You
agree to release and indemnify, defend and hold us harmless from
all actions, claims, liabilities, losses, costs and damages including,
without limitation, attorneys’ fees, associated with our compliance
with any legal process we believe to be valid. When we receive an
order instructing us to restrict access to funds in an Account, we may
remove the funds from the Account and maintain them separately.
These funds will not earn interest and will not be considered as part
of your combined balances when we determine Account fees
and rates.

Other Terms

We do not waive our rights by delaying or failing to exercise them

at any time (for example, assessing a fee less than described, or not
all, for any reason does not waive our right to begin charging the
fee as set forth in this Agreement without notice). If any provision of
this Agreement is 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 is governed by
the law of the state of South Dakota except to the extent governed
by federal law. Should your Account have a remaining balance after
a certain period of time, we may be required to remit the remaining
funds to the appropriate state agency. This Agreement sets forth the
entire understanding and Agreement between you and us, whether
written or oral, with respect to the subject matter addressed herein,
and supersedes any prior contemporaneous understandings or
Agreements with respect to such subject matter.

Non-Visa Debit Transactions

If you were issued a Card bearing the Visa® acceptance mark,

procedures are in effect that wilI result in transactions being
processed as either a Visa debit transaction or a PULSE transaction
if you do not enter a PIN. Merchants are responsible for and must
provide you with a clear way of choosing to make a Visa debit
transaction if they support the option. Please be advised that, should
you choose to use the PULSE network when making a transaction
without a PIN, different terms may apply. Certain protections and
rights applicable ONLY to Visa debit transactions as described in
this Agreement will NOT apply to transactions processed on the
PULSE network. Please refer to the section above labeled “Lost or
Stolen Cards; Unauthorized Transactions” for a description of these
rights and protections applicable to Visa debit and non-Visa debit
transactions. To initiate a Visa debit transaction at the POS, use your
Card through a POS terminal, sign the receipt, or provide your Card
Number for a mail order, telephone, or Internet purchase. To initiate
a non-Visa debit transaction at the POS, enter your PIN at the POS
terminal or provide your Card Number after clearly indicating a
preference to route your transaction as a non-Visa debit transaction
for certain bill payment, mail order, telephone, or Internet purchases.

Limitation on Payments

We may terminate access to the Account at any time for any

reason, including, without limitation (i) with respect to any recipient
of transfers, if we believe in our sole discretion that there are an
excessive number of disputes involving customer use, or (ii) with
respect to any third party, if we believe in our sole discretion that the
third party has initiated disputes without reasonable cause or in bad
faith. We also may reject a transaction or restrict your access to the
Mobile App to make further transactions at any time if we believe the
security of your Account or Mobile App is at risk or any fraudulent
or illegal activity may be occurring, including evidence of unusual
activity in your Account.

13. Delivery of Electronic Communications

As a condition of the Account, you are required to consent to
receiving electronic Communications from us. If you withdraw your
consent, we will close your Account and send you a check for the
remaining balance, if any, to the address on file.

14. Jury Trial Waiver

YOU AND WE ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY
IS A CONSTITUTIONAL RIGHT BUT MAY BE WAIVED IN CERTAIN
CIRCUMSTANCES. TO THE EXTENT PERMITTED BY LAW, YOU
AND WE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT
TO TRIAL BY JURY IN THE EVENT OF LITIGATION ARISING OUT
OF OR RELATED TO THIS Agreement. THIS JURY TRIAL WAIVER
SHALL NOT AFFECT OR BE INTERPRETED AS MODIFYING IN ANY
FASHION THE DISPUTE CLAUSE SET FORTH IN THE FOLLOWING
SECTION, IF APPLICABLE, WHICH CONTAINS ITS OWN SEPARATE
JURY TRIAL WAIVER.
15. Arbitration Clause
We have put this Arbitration Clause in question and answer form to
make it easier to follow. However, this Arbitration Clause is part of this
Agreement and is legally binding. For purposes of this section, our
“Notice Address” is: Pathward, N.A., Attn: Customer Service, 5501 S.
Broadband Lane, Sioux Falls, SD 57108.

Background and Scope

Question Short Answer Further Detail

What is An In arbitration, a third-party arbitrator

arbitration? alternative (“Arbitrator”) solves Disputes in an
to court informal hearing.

Is it different Yes The hearing is private. There is no

from court jury. It is usually less formal, faster, and
and jury trials? less expensive than a lawsuit. Pre-
hearing fact finding is limited. Appeals
are limited. Courts rarely overturn
arbitration awards.

Can you opt Yes, within If you do not want this Arbitration
out of this 60 days Clause to apply, you must send us
Arbitration a signed notice within 60 calendar
days after open an Account. You must
Clause?
send the notice in writing (and not
electronically) to our Notice Address.
Provide your name, address, and Card
or Account number. State that you “opt
out” of the Arbitration Clause.

What is this The parties’ Unless prohibited by applicable law and

Arbitration Agreement unless you opt out, you and we agree
Clause about? to arbitrate that you or we may elect to arbitrate or
require arbitration of any “Dispute” as
Disputes
defined below.

Who does the You, us, This Arbitration Clause governs you
Arbitration and certain and us. It also covers certain “Related
Clause cover? “Related Parties”: (1) our parents, subsidiaries, and
affiliates; (2) our employees, directors,
Parties”
officers, shareholders, members, and
representatives; and (3) any person or
company that is involved in a Dispute
you pursue at the same time you
pursue a related Dispute with us.

What All Disputes This Arbitration Clause governs all

Disputes (except certain “Disputes” that would usually be
does the Disputes about decided in court and are between
us (or any Related Party) and you.
Arbitration this Arbitration
In this Arbitration Clause, the word
Clause cover? Clause)
“Disputes” has the broadest reasonable
meaning. It includes all claims even
indirectly related to your Account or this
Agreement. It includes claims related to
the validity in general of this Agreement.
However, it does not include disputes
about the validity, coverage, or scope
of this Arbitration Clause or any part of
this Arbitration Clause. (This includes
a Dispute about the rule against class
arbitration.) All such disputes are for a
court and not an Arbitrator to decide.
Who Usually AAA Arbitrations are conducted under this
handles the or JAMS Arbitration Clause and the rules of the
arbitration? arbitration administrator in effect when
the arbitration is started. However,
arbitration rules that conflict with this
Arbitration Clause do not apply. The
arbitration administrator will be either:
The American Arbitration Association
(“AAA”), 1633 120 Broadway, Floor 21,
New York, NY 10271, www.adr.org.
JAMS, 620 Eighth Avenue, 34th Floor,
New York, NY 10018, www.jamsadr.com.
Any other company picked by
Agreement of the parties.
If all the above options are unavailable,
a court will pick the administrator.
No arbitration may be administered
without our consent by any
administrator that would permit a class
arbitration under this Arbitration Clause.
The Arbitrator will be selected under
the administrator’s rules. However, the
Arbitrator must be a lawyer with at least
ten years of experience or a retired
judge unless you and we otherwise
agree.

Can Disputes Sometimes Either party may bring a lawsuit if

be litigated? the other party does not demand
arbitration. We will not demand
arbitration of any lawsuit you bring as
an individual action in small-claims
court. However, we may demand
arbitration of any appeal of a small-
claims decision or any small-claims
action brought on a class basis.

Are you giving Yes For Disputes subject to this Arbitration

up any rights? Clause, you give up your right to:
Have juries decide Disputes.
Have courts, other than small-claims
courts, decide Disputes.
Serve as a private attorney general or in
a representative capacity.
Join a Dispute you have with a dispute
by other consumers.
Bring or be a class member in a class
action or class arbitration.
We also give up the right to a jury trial
and to have courts decide Disputes you
wish to arbitrate.

Can you No The Arbitrator is not allowed to

or another handle any Dispute on a class or
consumer representative basis. All Disputes
subject to this Arbitration Clause must
start a class
be decided in an individual arbitration
arbitration?
or an individual small-claims action. This
Arbitration Clause will be void if a court
rules that the Arbitrator can decide a
Dispute on a class basis and the court’s
ruling is not reversed on appeal.
What law The Federal This Agreement and the Account
applies? Arbitration involve interstate commerce. Thus,
Act (“FAA”) the FAA governs this Arbitration
Clause. The Arbitrator must apply
substantive law consistent with the
FAA. The Arbitrator must honor statutes
of limitation and privilege rights.
Punitive damages are governed by the
constitutional standards that apply in
judicial proceedings.

Will anything No This Arbitration Clause stays in

I do make this force even if: (1) you or we end this
Arbitration Agreement; or (2) we transfer or assign
our rights under this Agreement.
Clause
ineffective?

The Process

What must Send a Before starting a lawsuit or arbitration,

a party written the complaining party must give
do before Dispute the other party written notice of the
Dispute. The notice must explain in
starting a notice and
reasonable detail the nature of the
lawsuit or work to
Dispute and any supporting facts. If you
arbitration? resolve the are the complaining party, you must
Dispute send the notice in writing (and not
electronically) to our Notice Address.
You or an attorney you have personally
hired must sign the notice and must
provide the contact information where
you (or your attorney) can be reached.
A letter from us to you will serve as our
written notice of a Dispute. Once a
Dispute notice is sent, the complaining
party must give the other party a
reasonable opportunity over the next
30 days to resolve the Dispute on an
individual basis.

How does an Mailing a If the parties do not reach an

arbitration notice Agreement to resolve the Dispute
start? within 30 days after notice of the
Dispute is received, the complaining
party may commence a lawsuit or
an arbitration, subject to the terms
of this Arbitration Clause. To start an
arbitration, the complaining party
picks the administrator and follows the
administrator’s rules. If one party begins
or threatens a lawsuit, the other party
can demand arbitration. This demand
can be made in court papers. It can be
made if a party begins a lawsuit on an
individual basis and then tries to pursue
a class action. Once an arbitration
demand is made, no lawsuit can be
brought and any existing lawsuit
must stop.

Will any Yes The Arbitrator may decide that an in-

hearing be person hearing is unnecessary and that
held nearby? he or she can resolve a Dispute based
on written filings and/or a conference
call. However, any in-person arbitration
hearing must be held at a place
reasonably convenient to you.
 What about Very limited Appeal rights under the FAA are very
appeals? limited. The Arbitrator’s award will
be final and binding. Any appropriate
court may enter judgment upon the
Arbitrator’s award.

Arbitration Fees & Awards

Who bears Usually, we do We will pay all filing, administrative,

arbitration hearing, and Arbitrator fees if you act in
fees? good faith, cannot get a waiver of such
fees, and ask us to pay.

When will we If you win If you win an arbitration, we will pay

cover your the reasonable fees and costs for your
legal fees and attorneys, experts, and witnesses.
We will also pay these amounts if
costs?
required under applicable law or the
administrator’s rules or if payment is
required to enforce this Arbitration
Clause. The Arbitrator shall not limit his
or her award of these amounts because
your Dispute is for a small amount.

Will you ever Only for The Arbitrator can require you to pay
owe us for bad faith our fees if (and only if): (1) the Arbitrator
arbitration finds that you have acted in bad faith
(as measured by the standards set forth
or attorneys’
in Federal Rule of Civil Procedure 11(b));
fees?
and (2) this power does not make this
Arbitration Clause invalid.

Can an award Yes A party may request details from the

be explained? Arbitrator, within 14 days of the ruling.
Upon such request, the Arbitrator will
explain the ruling in writing.

This Agreement is effective September 1, 2023.

The Netspend All-Access Account is a deposit account established

by Pathward, National Association, Member FDIC, and the
Mastercard Debit Card and Visa Debit Card are issued by Pathward,
N.A., pursuant to license by Mastercard International Incorporated or
pursuant to a license from Visa U.S.A. Inc.

Netspend is a service provider to Pathward, N.A. Certain products

and services may be licensed under U.S. Patent Nos. 6,000,608 and
6,189,787.

Mastercard and the circles design are registered trademarks of

Mastercard International Incorporated.

Pathward, N.A., Member FDIC

5501 S. Broadband Lane
Sioux Falls, SD 57108

1-866-647-6929

© 2020-2023 Pathward, N.A.

Document ID: 730505423